What Is The Distinction Between An Attorney, Lawyer, Barrister, And Esquire?
The legal profession has as many variations in titles. The titles: attorney, lawyer, barrister and Esquire are frequently used, sometimes interchangeably. By definition, each has a unique meaning.
Attorney: Generally speaking, an attorney, or attorney-at-law, is a person who is a member of the legal profession. An attorney is qualified and licensed to represent a client within a specific judicial system. By most definitions, an attorney may act on the client’s behalf, hold power of attorney or guardianship, and plead or defend a case in legal proceedings in front of a judge, jury or both. The English word ‘attorney’ has French origins, where it meant “a person acting for another as an agent or deputy.”
Lawyer: A lawyer, by definition, is someone who is trained in the field of law and provides advice and aid on legal matters. The term ‘lawyer’ has English roots. Although the terms ‘lawyer and attorney’ are used interchangeably by many people, there is a distinction. Within some judicial systems, only ‘pre-qualified licensed’ person known as an attorney can present a case in front of the judge. In some cases, a lawyer in one judicial system can not provide legal advice in another judicial system unless he/she is ‘pre-qualified and licensed’ in that specific judicial system. For example, a California-licensed Attorney can not present a case in New York court, unless the California Lawyer is ‘pre-qualified and licensed’ by the New York Bar Association. When ‘pre-qualified and licensed’ within a specific judicial system, he/she becomes an attorney not a lawyer. However, this distinctive terminology is rarely used in the public media or within the legal community.
In the U.K, there are barristers, solicitors and esquires. A barrister generally performs trial work, especially in the higher courts, and does not deal directly with clients. A solicitor, on the other hand, speaks with clients, prepares documents and may appear as an advocate in a lower court. An Esquire is an honorary title that has little meaning and is even somewhat controversial. The term Esquire has English roots, where it was considered an honorary title and originally referred only to males. It is now used as a professional title, similar to the use of Dr. or Ph.D.
What Should I Understand Before Filing A Lawsuit?
A lawsuit is an adversarial action a threat to someone’s well-being. Before filing a lawsuit, explore these considerations before and after seeking professional legal advice.
1) Do you have a good cause/reason and a good case? Even if you think you have a good case, take some time to think about whether you can win the lawsuit. Unless you have another agenda, the intent of filing a lawsuit is to win and gain a settlement of some kind.
2) Do you have material evidence to prove your case? Hearsay and speculation are just what they are. Review the material evidence you will use to prove your case, including documents, objects, records, witnesses and so on. Determine whether the evidence you think you have exists and, if so, determine where it is. Is it in your possession? If not, do you have knowledge of it’s whereabouts? Do you have access to it? Is there a chance that the evidence will spoil, decompose, deteriorate while you are awaiting trial?
3) Determine whether there are witnesses who will help prove your case. Was there anyone who observed first-hand to verify the issues of the lawsuit? Are there witnesses who can testify about the different types of evidence you will present at trial? Will any of these witnesses be willing to testify on your behalf or would you have to summon them to court? Is there a witness that needs protection or is poor health or is about to move to a different location who would be unable to testify for you in court? Can you lock in witness' testimony through an affidavit or declaration?
4) Determine the money you will need to bring the lawsuit to court. Do you have the money to pay expenses for filing fees and costs; money to cover earnings lost while you pursue the lawsuit, litigation-related fees and attorney fees. Is there anything about your lawsuit that would qualify you for any aid in paying for representation? Are you covered by insurance for the matter of the lawsuit?
5) Consider whether you have the time and physical/emotional energy to pursue a lawsuit. The average time is 2-5 years from start to finish. Whether or not you hire an attorney to represent you, you will be either representing yourself or aiding your attorney in your representation. Either way, you will have to spend a considerable amount of time and energy pursuing the lawsuit. Not only will a lawsuit consume a great deal of your energy, it will also likely be an emotionally draining experience.
6) Will the defendant countersue? There is always a possibility if you sue someone that they will sue you back (countersuit). If this occurs, not only will you be committing the time, energy, and money to your own lawsuit, but you will also be spending time, energy, and money defending a lawsuit.
7) Consider whether you will be able to collect on a judgment if you are successful in court. It rarely makes sense to file a lawsuit if you know in advance that it is unlikely you will collect on a judgment. Conduct an investigation of the party you wish to sue to determine what types of assets are available to satisfy any judgment you might receive.
8) Check whether your lawsuit is timely. Certain types of lawsuits must be filed within certain proscribed periods of time called statute of limitations. If you are not filing within the proper statute of limitations, your lawsuit will be dismissed. Check to see which statutes of limitations apply and whether you are within the proscribed times.
9) Forget Greed and Revenge. A lawsuit is no guarantee that you have a winning lottery ticket. A more realistic approach to a lawsuit is for reasonable, full and fair compensation to allow you to recover all of your past and future expenses, and compensation for all of your past and future pain and suffering compensation.
10) Before you file your lawsuit, make an attempt to settle your dispute through mediation or arbitration. Consider whether there is any other way to resolve the dispute other than by filing a lawsuit.
How Do I Locate A Good Attorney?
1) Personal References. Ask friends, relatives, clergy, or other acquaintances whose judgment you respect may have had a relationship with a lawyer in the field you need and be able to provide you with a personal reference.
2) Legal Directories. Avoid solely using the Yellow Pages. Consult legal directories available online. These directories can be sorted by field of expertise. Research each attorney online before contacting them. Many law firms have their own websites that provide specific information about the firm and its attorneys.
3) Bar Associations. Most bar associations provide lists of attorneys who may have experience pertaining to your lawsuit. Generally, these attorneys are in good standing and have a good reputation among their peers.
What Type Of Attorney Do I Need?
There are general attorneys who perform a wide range of different legal services. There are attorneys who act more as specialists in different areas of the law. Choose an attorney who is able to practice in the judicial system you desire and is highly experienced in the technical area of your lawsuit.
How Much Will It Cost To Hire An Attorney?
Before you meet with the attorney, ask about their fees. Most attorneys have retainers. A retainer means a deposit or down payment, held in trust, to be applied against hourly fees. Most attorneys charge by the hour. The hourly rates among attorneys vary depending on the type of work and their level of experience.
What Does It Mean “Pay Only If You Win”?
Generally, this means the attorney will accept your case but will not receive any fee unless your case is successfully completed. The amount of their compensation is a percentage of your award. It is important to ask the attorney what their percentage is before and after legal expenses are subtracted. By law, when an attorney is retained under a contingent fee agreement the “contingency” does not cover the expenses. This means that the client must always be responsible for case expenses regardless of the outcome. The attorney is permitted to advance these expenses but must be reimbursed at the end of the case. You should always have a written fee agreement with your attorney. This can be a document you actually sign, or a letter from the attorney setting forth the fee arrangement.
What Should I Do Before Meeting With The Attorney?
In order to save you time and money, prepare to be candid and upfront. You are protected under attorney-client confidentiality. Do your homework. Study legal matter before your meeting. Show up on-time. Make sure you know where the attorney office is located. Arrive a few minutes in advance of your scheduled appointment.
What Questions Should I Ask The Attorney?
Be mindful that you are hiring the attorney and will pay the attorney to win your case. Though personality between you and the attorney are important, you are not trying to hire a ‘friend’. Select the attorney who has the character, reputation and experience to win. You should interview several attorneys as each attorney has his/her own uniqueness and experiences. Here are some general questions that apply when seeking an attorney in almost any area of law.
- How long have you been practicing law?
- How much experience do you have in handling the particular type of legal issue I have?
- Have you been chosen to give lectures to other lawyers on this or related topics?
- Are you a member of any bar associations or committees related to this type of legal matter?
- Do you have a website or other information about your professional experiences and credentials?
- Will you work on this matter by yourself, or will associate attorneys and paralegals also be involved? If others will be involved, what will be the division of effort?
- What are the possible outcomes of this type of matter?
- What will you charge me to act as my Attorney?
- What types of expenses other than fees will I have to pay?
- Do you have malpractice insurance in case a mistake is made?
- Have you ever been the subject of public disciplinary action?
- Do you use email to communicate?
- Are you licensed to practice law?
- Have you ever lost a case?
- Do you handle cases on contingency basis?
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