Society sometimes confuses between “lawyer” and “attorney”. These specialists deal with law and its application, but their roles, functions and rights differ significantly. It is important to understand that being a lawyer is a broad concept that covers many law-related professions. In contrast, an attorney is a specific category of specialists with special rights and responsibilities. This distinction has significant implications for those seeking legal assistance, as well as for the professionals themselves who practice law. In this article, we will look at the key differences between lawyers and attorneys, their educational and professional requirements, and their role in the legal system. Understanding these aspects will help you make an informed choice when seeking legal assistance and evaluate the qualifications of specialists in this important area.
Who is a Lawyer?
In a broad sense, a lawyer is a person who has a diploma from an educational institution in a legal speciality, and the diploma states that the specialist has been awarded the qualification “lawyer”. Within the framework of this qualification, a specialist can work in different professions and hold different positions. For example, a lawyer can be a legal adviser in a company, an investigator in the Investigative Committee, an employee of the prosecutor’s office, a patent attorney, a notary, an attorney, a judge, the head of the legal department of the company or the head of a law firm. Also, a lawyer may not work in his speciality at all; this does not take away from his qualifications prescribed in the diploma.
To take up some positions, a lawyer must undergo additional training and/or pass a qualification exam. There is also such a need when a lawyer wants to become one.
Lawyers who are not attorneys can represent in courts and government agencies only the interests of the company or the government agency in which they work. Such lawyers cannot be defenders in criminal cases and representatives of companies where they do not work.
Lawyers can represent their interests and the interests of their relatives in court, as well as other citizens who are not lawyers.
Who is a Certified Lawyer
A certified lawyer is a Belarusian citizen who has the right to provide certain paid legal services to individuals, entrepreneurs, and companies on the basis of a Certificate of attestation of a person providing legal services. A lawyer must pass a qualification exam at the Ministry of Justice of Belarus to obtain such a certificate.
The register of certified lawyers can be found on the website of the Ministry of Justice.
What do Certified Lawyers Do
The list of issues on which a certified lawyer can provide legal assistance is strictly defined. Unlike an attorney, a certified lawyer cannot represent the interests of his clients in Belarusian courts.
For individual clients, a certified lawyer can:
- To draw up legal documents: statements, lawsuits, complaints, contracts and others.
- To provide oral or written legal advice and opinions.
- Conduct legal issues related to foreign investments.
- To represent the interests of clients before third parties.
For clients, companies, and individual entrepreneurs, a certified lawyer can provide services on issues related to the creation, operation, and closure of a business and state registration of individual entrepreneurs. In particular:
- To draw up legal documents.
- To provide legal advice.
- Conduct audit of the activity.
- Perform the duties of an in-house lawyer for one or more businesses.
- To represent the interests of clients before third parties.
- Conduct pre-trial work with the client’s debtors – companies and individual entrepreneurs.
- To accompany the execution of executive documents.
- Maintain customer workflow.
What does the Presence of a Lawyer’s Certificate of Attestation Mean?
1. A lawyer’s certificate of attestation, issued after successfully passing the attestation exam, confirms a specialist’s high level of knowledge. Some companies require such a certificate from candidates for the in-house lawyer position. In this case, wages are often offered above the market.
2. A lawyer’s certification certificate is required to obtain a license to provide legal services as an individual entrepreneur or company. One Of the licensing requirements for law firms is that at least two employees must have a certificate of attestation and be full-time citizens of Belarus.
An individual entrepreneur must have a lawyer’s attestation certificate to obtain a legal services license.
Who is an Attorney
An attorney with a higher legal education has the appropriate license from the Ministry of Justice of Belarus and is assigned to legal advice. To become an attorney, a lawyer must pass a special qualification exam. Sometimes, you must complete an internship at the bar association before passing the exam.
The Ministry of Justice includes lawyers in the Register of Lawyers. You can verify that a lawyer is an attorney on the website of the Belarusian Republican Bar Association: https://brka.by/lawyers/.
What do Attorneys Do?
The activity of attorneys does not relate to entrepreneurial activity. Attorneys are employed in legal consultations and provide paid legal assistance to individuals and companies. The fees (remuneration) that attorneys assign for their services are prescribed in contracts for the provision of legal assistance.
Attorneys can engage in teaching, scientific, and creative work in parallel with their work at the bar and be conciliators, arbitrators, and referees.
What Attorneys Can’t Do
Unlike many other attorneys, attorneys cannot open their own legal, real estate, or consulting companies.
Attorneys cannot be hired in-house lawyers, as well as individual entrepreneurs.
What Kind of Legal Assistance do Attorneys Provide
Attorneys provide legal assistance to clients who contact them. Their powers in providing legal assistance are broader than the capabilities of non-attorneys.
In criminal cases, attorneys act as defenders, representing the interests of victims, civil plaintiffs, and defendants; in other categories of cases, attorneys act as representatives of their clients.
The attorney’s specific actions may include:
- Representing clients in government agencies, courts, various organizations, and before individuals.
- The involvement of specialists, such as translators and patent attorneys, with clients’ consent to provide legal assistance.
- Request documents required for clients from organizations and government agencies that are required to provide these documents free of charge.
- Coordinate the request for expert opinions in specialized fields to resolve issues related to legal support effectively.
- Filing complaints and petitions on behalf of clients.
Attorneys also:
- Provide consulting services and clarify legal issues.
- Develop legal documents for clients.
- Conduct a legal examination of documents and activities.
- Provide legal security for various types of activities.
- Within the limits of the powers granted by their clients, they act on their behalf and in their interests.
What are the Duties of an Attorney
Among the key duties of an attorney:
- Compliance with the Rules of professional ethics of an attorney.
- Providing legal assistance at the request of law enforcement agencies through the bar association.
- Payment of contributions required to finance the work of the bar association.
- The preservation of attorney-client privilege.
- Exclusion of purchasing their property from customers, for which disputes have arisen.
Cases when a Attorney Refuses Legal Assistance
An attorney cannot provide legal assistance if he previously represented or currently represents the interests of a client whose interests contradict the interests of the person applying to him. The disputing parties cannot have the same attorney for the same dispute.
Attorneys are prohibited from acting as an attorney for a person who has already participated in the process in any role (as an expert, judge, investigator, etc.), as well as if the case was conducted or considered by a close relative of the lawyer.
In conclusion, we note that the differences between an attorney and a lawyer are quite significant and relate to professional training and their powers. An attorney is a qualified specialist who, besides legal education, has passed a qualifying exam and has attorney’s license, which gives the right to represent clients in court in various categories of cases and to request documents from various authorities and companies. A lawyer can practice law in other fields without having the right to defend himself in court proceedings. In-house lawyer can represent the interests of the company in which he works in court. A certified lawyer can provide certain legal assistance to clients, except for representing their interests in court.
These differences are important for clients seeking help with their legal issues. Considering the specifics of each specialist, it is important to consciously approach the choice between a lawyer and an attorney, depending on the specific situation and the required services. Understanding these nuances will help you choose the best option for your legal situation and ensure that your interests are protected. We will provide you with the best specialists to solve your requests and advise on legal issues, and our attorneys will represent your interests in court and government agencies.
Contact us
If you have any questions or disputes regarding interaction with lawyers and attorneys in Belarus, we will be happy to help! Our long-term experience in divident payment will help you resolve any disputes in this area.
- +37529142-27-19 (WhatsApp, Viber, Telegram);
- info@ambylegal.by.
