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solicitor/barrister US equivalents

English translation: attorney/ attorney at law/ lawyer ( all synonymous)

15:44 Dec 30, 2005
English language (monolingual) [PRO]
Law/Patents - Law (general)
English term or phrase: solicitor/barrister US equivalents
I'm editing an article by a French person, who in explaining the work of lawyers states that the term "solicitor" is equivalent to "attorney in fact" and "barrister" "attorney at law". I am sceptical - from my research an "attorney in fact" appears to be anyone who has "power of attorney" - but I am also British so unfamiliar with these terms. Can anyone put me right please? What, if any, are the US equivalents to "solicitor" (ie who works out of court) and "barrister" (who argues cases in court)? Or can an American lawyer do both?
Thank you - and happy new year!
Buzzy
Local time: 07:24
Selected answer:attorney/ attorney at law/ lawyer ( all synonymous)
Explanation:
U.S. usage: both solicitors and barristers are in U.S. English called attorneys( with attorney at law occassionally seen, synonymously) or lawyers. Attorney in fact is not at all the same: simply someone acting with power of attorney, i.e. right to act in place of person. No distinction for solicitor vs. barrister as all may practice in court or out of court. Subspecialty identification of trial attorney, or litigator,etc. is descriptive but not in the distinctive appellation way of the UK system.
Selected response from:

Michael Lotz
United States
Grading comment
Thank you Michael, for a clear, concise reponse. For information, and as Charles rightly recommended, the paragraph has undergone some serious reformulation (by myself and the client together) since I posted the question!
4 KudoZ points were awarded for this answer



SUMMARY OF ALL EXPLANATIONS PROVIDED
5 +14attorney/ attorney at law/ lawyer ( all synonymous)
Michael Lotz
3 +5see explanation (hope it helps)
Marina Soldati
5 +1the author of the text is wrong
Charlesp
5 +1I hope the explanation helps you
KatayoPakatc (X)
5Barrister
Learned friend


  

Answers


4 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +5
solicitor/barrister us equivalents
see explanation (hope it helps)


Explanation:
solicitor
n. an English attorney who may perform all legal services except appear in court. Under the British system, the litigator or trial attorney takes special training in trial work and is called a "barrister." Occasionally a solicitor becomes a barrister, which is called "taking the silk." In the United States and Canada attorneys are referred to interchangeably as solicitors or barristers.
See also: attorney




    Reference: http://dictionary.law.com/default2.asp?selected=1974&bold=||...
Marina Soldati
Argentina
Local time: 02:24
Works in field
Native speaker of: Native in SpanishSpanish

Peer comments on this answer (and responses from the answerer)
agree  Dave Calderhead: Sounds a legal answer to me (;-{)> Happy New Year
33 mins
  -> Happy New Year to you too!
agree  Robert Kleemaier
1 hr
  -> Thanks Robert
agree  KatayoPakatc (X)
2 days 25 mins
  -> Thanks!
agree  Tsogt Gombosuren
3 days 15 hrs
  -> Thanks!
agree  Will Matter
4 days
  -> Thanks a lot!
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37 mins   confidence: Answerer confidence 5/5 peer agreement (net): +14
solicitor/barrister us equivalents
attorney/ attorney at law/ lawyer ( all synonymous)


Explanation:
U.S. usage: both solicitors and barristers are in U.S. English called attorneys( with attorney at law occassionally seen, synonymously) or lawyers. Attorney in fact is not at all the same: simply someone acting with power of attorney, i.e. right to act in place of person. No distinction for solicitor vs. barrister as all may practice in court or out of court. Subspecialty identification of trial attorney, or litigator,etc. is descriptive but not in the distinctive appellation way of the UK system.

Michael Lotz
United States
Native speaker of: English
PRO pts in category: 4
Grading comment
Thank you Michael, for a clear, concise reponse. For information, and as Charles rightly recommended, the paragraph has undergone some serious reformulation (by myself and the client together) since I posted the question!

Peer comments on this answer (and responses from the answerer)
agree  Edith Kelly
7 mins
  -> thanks EdithK
agree  writeaway
10 mins
  -> thanks writeaway
agree  Andrey Belousov (X)
29 mins
  -> thanks Andrey
agree  Maria-Jose Pastor
1 hr
  -> thank you Maria-Jose
agree  Michael Barnett
1 hr
  -> thanks Michael
agree  Alfa Trans (X)
1 hr
  -> thank you Marju
agree  Rebecca Barath
1 hr
  -> thanks Becky
agree  Ray Luo
3 hrs
  -> thanks Ray
agree  Romanian Translator (X)
6 hrs
  -> thanks Awana
agree  jccantrell
1 day 3 hrs
  -> thank you jccantrell
agree  Veronica Prpic Uhing
1 day 3 hrs
  -> thanks vpuhing
agree  KatayoPakatc (X)
1 day 23 hrs
  -> thanks Pakattchi
agree  Tsogt Gombosuren
3 days 9 hrs
  -> thanks Tsogt Gombosuren
agree  Will Matter: US lawyers can work both inside and outside of court, depending upon their preference and training.
4 days
  -> thanks willmatter. and happy new year to you.
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1 day 5 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +1
solicitor/barrister us equivalents
the author of the text is wrong


Explanation:
If he is trying to explain thee difference between solicitor" and "barrister" he has got it all wrong.
('lawer' and 'attorney' are not the same, they do not have same meaning, though can often be used interchangably - but that isn't the issue here.)

My suggestion is that, since this is editing as you state, and not translating, is that you refer the writer to the issue, and suggest that he re-write it. (amd you are also correct about what you said regarding attorney-in-fact, but that too is a different issue.)


Charlesp
Sweden
Local time: 07:24
Specializes in field
Native speaker of: English
PRO pts in category: 12

Peer comments on this answer (and responses from the answerer)
agree  KatayoPakatc (X)
19 hrs
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2 days 1 hr   confidence: Answerer confidence 5/5 peer agreement (net): +1
solicitor/barrister us equivalents
I hope the explanation helps you


Explanation:
barrister is a counsel admitted to plead at the bar and undertake the public trial of causes in a superior court and advises clients represents them in the lower courts and prepares cases for barristers to try in higher courts. (webster)

KatayoPakatc (X)
Netherlands
Local time: 07:24
Native speaker of: Native in Persian (Farsi)Persian (Farsi)

Peer comments on this answer (and responses from the answerer)
agree  Learned friend: See below
1038 days
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1040 days   confidence: Answerer confidence 5/5
solicitor/barrister us equivalents
Barrister


Explanation:
I am a practicing barrister in the U.K. and thought I would offer my advise. You have the essentials right, however, a Barrister traditionally was the only member of the legal profession in the U.K. who could appear before a judge in court. More recently solicitors have been given rights of audience in the lower courts. However, this is not generally the most popular way of conducting a case as a barrister has specialised legal knowledge than a solicitor. More so a solicitors involvement is as an attorney thereby they can act on behalf of the client and instruct the barrister to represent their client in court. Additionally the solicitor is charged with the conduct of a case from start to end.
One more issue to address a solicitor is not said to have taken silk when transferring to the Bar. Taking silk is the term used to describe a barrister who has been appointed to Queens Counsel the highest achievement at the Bar. Hope this helps



Learned friend
United Kingdom
Local time: 06:24
Works in field
Native speaker of: Native in EnglishEnglish
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