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A counsel or a counsellor at law is a person who gives advice and deals with various issues, particularly in legal matters. It is a title often used interchangeably with the title of lawyer .
The word counsel can also mean advice given outside of the context of the legal profession.
The legal system in England uses the term counsel as an approximate synonym for a barrister-at-law, but not for a solicitor, and may apply it to mean either a single person who pleads a cause, or collectively, the body of barristers engaged in a case. [1]
The difference between "Barrister" and "Counsel" is subtle. In England and Wales, "Barrister" is a professional title awarded by one of the four Inns of Court, and is used in a barrister's private, academic or professional capacity. "Counsel" is used to refer to a barrister who is instructed on a particular case. It is customary to use the third person when addressing a barrister instructed on a case: "Counsel is asked to advise" rather than "You are asked to advise".
The legal term counsellor, or more fully, counsellor-at-law, became practically obsolete in England, but continued in use locally in Ireland, [2] as an equivalent to barrister, where a Senior Counsel (S.C.) is equivalent to the UK King's Counsel (K.C.)
After they have graduated from University with a law degree, they become a 'junior counsel', their work normally is completing most of the paperwork in cases (such as drafting legal documents). After about 10 to 15 years of practising as a junior counsel, a barrister may apply to become a senior counsel. This is sometimes called "taking silk" this because the senior counsel's gown was traditionally made of silk. A senior counsel may have the letters SC after his/her name. [2]
In the United States of America, the term counselor-at-law designates, specifically, an attorney admitted to practice in all courts of law; but as the United States legal system makes no formal division of the legal profession into two classes, as in the United Kingdom, most US citizens use the term loosely in the same sense as lawyer , meaning one who is versed in (or practicing) law. [1]
In the United States and Canada, many large and midsize law firms have lawyers with the job title of "counsel", "special counsel" or "of counsel". These lawyers are employees of the firm like associates, although some firms have an independent contractor relationship with them. But unlike associates, and more like partners, they generally have their own clients, manage their own files, and may supervise associates.
The word "counsel" also means advice given by a professional (psychology and social sciences, religious, academic, etc.) regarding the judgment or conduct of another. [3]
A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, researching the law and giving legal opinions.
A lawyer is a person who practices law. The role of a lawyer varies greatly, across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, solicitor, legal executive, and public servant — with each role having different functions and privileges. Working as a lawyer generally involves the practical application of abstract legal theories and knowledge to solve specific problems. Some lawyers also work primarily in advancing the interests of the law and legal profession.
In most common law jurisdictions, the attorney general or attorney-general is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enforcement, prosecutions or even responsibility for legal affairs generally. In practice, the extent to which the attorney general personally provides legal advice to the government varies between jurisdictions, and even between individual office-holders within the same jurisdiction, often depending on the level and nature of the office-holder's prior legal experience.
An advocate is a professional in the field of law. Different countries and legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a barrister or a solicitor. However, in Scottish, Manx, South African, Italian, French, Spanish, Portuguese, Scandinavian, Polish, Israeli, South Asian and South American jurisdictions, "advocate" indicates a lawyer of superior classification.
A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to practise there as such. For example, in England and Wales a solicitor is admitted to practise under the provisions of the Solicitors Act 1974. With some exceptions, practising solicitors must possess a practising certificate. There are many more solicitors than barristers in England; they undertake the general aspects of giving legal advice and conducting legal proceedings.
In the United Kingdom and some Commonwealth realms, a King's Counsel is a lawyer appointed by the state as a senior advocate or barrister with a high degree of skill and experience in the law. When the reigning monarch is a woman, the title is Queen's Counsel (QC).
The call to the bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party and are then said to have been "called to the bar" or to have received "call to the bar". "The bar" is now used as a collective noun for barristers, but literally referred to the wooden barrier in old courtrooms, which separated the often crowded public area at the rear from the space near the judges reserved for those having business with the court. Barristers would sit or stand immediately behind it, facing the judge, and could use it as a table for their briefs.
A paralegal, also known as a legal assistant, or paralegal specialist is a legal professional who performs tasks that require knowledge of legal concepts but not the full expertise of a lawyer with an admission to practice law. The market for paralegals is broad, including consultancies, companies that have legal departments or that perform legislative and regulatory compliance activities in areas such as environment, labor, intellectual property, zoning, and tax. Legal offices and public bodies also have many paralegals in support activities using other titles outside of the standard titles used in the profession. There is a diverse array of work experiences attainable within the paralegal field, ranging between internship, entry-level, associate, junior, mid-senior, and senior level positions.
In law, the bar is the legal profession as an institution. The term is a metonym for the line that separates the parts of a courtroom reserved for spectators and those reserved for participants in a trial such as lawyers.
The title of Senior Counsel or State Counsel is given to a senior lawyer in some countries that were formerly part of the British Empire. "Senior Counsel" is used in current or former Commonwealth countries or jurisdictions that have chosen to change the title "King's Counsel" to a name without monarchical connotations, usually related to the British monarch that is no longer head of state, such that reference to the King is no longer appropriate. Examples of jurisdictions that have made the change because of the latter reason include Mauritius, Zambia, India, Hong Kong, Ireland, South Africa, Kenya, Malawi, Singapore, Guyana and Trinidad and Tobago. Jurisdictions that have retained the monarch as head of state, but have nonetheless opted for the new title include some states and territories of Australia, as well as Belize.
A brief is a written legal document used in various legal adversarial systems that is presented to a court arguing why one party to a particular case should prevail. Appellate briefs establishes the legal argument for the party, explaining why the reviewing court should affirm or reverse the lower court's judgment based on legal precedent and citations to the controlling cases or statutory law.
In England and Wales, a litigant in person is an individual, company or organisation that has rights of audience and is not represented in a court of England and Wales by a solicitor or barrister. Instructing a barrister and not a solicitor, for example through the Public Access Scheme, however, does not prevent the party on whose behalf the barrister had been instructed from being a litigant in person.
Legal profession is a profession in which legal professionals study, develop and apply law. Usually, there is a requirement for someone choosing a career in law to first pass a bar examination after obtaining a law degree or some other form of legal education such as an apprenticeship in a law office.
In Poland, any person holding a Magister's degree in law is called a "jurist" or "lawyer". According to Polish legal doctrine, a lawyer should be understood as a person who graduated from law school with the aforementioned degree, even if such a person does not practice law after graduation.
Barristers in England and Wales are one of the two main categories of lawyer in England and Wales, the other being solicitors. Barristers have traditionally had the role of handling cases for representation in court, both defence and prosecution.
Solicitor advocate is a hybrid status which allows a solicitor in the United Kingdom and Hong Kong to represent clients in higher courts in proceedings that were traditionally reserved for barristers. The status does not exist in most other common law jurisdictions where, for the most part, all solicitors have rights of audience in higher courts.
Attorney at law or attorney-at-law, usually abbreviated in everyday speech to attorney, is the preferred term for a practising lawyer in certain jurisdictions, including South Africa, Sri Lanka, the Philippines, and the United States. In Canada, it is used only in Quebec as the English term for avocat. The term has its roots in the verb to attorn, meaning to transfer one's rights and obligations to another.
An Attorney at law in Sri Lanka is the only legal practitioners authorised to represent others in all court of law in the island and are also authorised to give advice regarding any matter of law. Alternative terms include lawyer.
The King's Counsel Selection Panel is an independent and self-funding body responsible for awarding appointments as a King's Counsel within England and Wales.
The Legal profession in England and Wales is divided into two distinct branches under the legal system, those of solicitors and barristers. Other legal professions in England and Wales include acting as a judge, as the Attorney-General, as the Solicitor-General, or as the Director of Public Prosecutions.
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