Solicitor

from Wikipedia, the free encyclopedia

Solicitor is in the legal systems of the United Kingdom , the Republic of Ireland , some Canadian and Australian states and other Commonwealth countries the designation for one of the two professions of lawyer (besides the barrister - in Scotland: advocate - as litigation attorney ). Solicitors are the point of contact for legal problems of all kinds. They are consulting and in the Kautelarjurisprudenz active, make contracts and wills, take notarial functions true, represent their clients out of court, prepare processes and can also perform this before lower courts. They can appear conventionally but not in higher courts.

Solicitor and Barrister

Solicitors (“ advocates ”) are to be distinguished from barristers (“ procurators ”) who are commissioned to take legal action. In practice, the barrister is usually called in by a solicitor who previously advised on the matter. The solicitor prepares the further processing of the case for the barrister.

The training of these two forms of legal practice is different. After completing a theoretical law degree with an LL.B. the graduate has to decide whether he wants to pursue the career of a solicitor or a barrister. A solicitor needs the Legal Practice Course (LPC), while the barrister needs the Bar Professional Training Course (BPTC) before he can be admitted to the bar ("to become a member of the bar").

The development in professional law

Recent legal developments in professional law in the United Kingdom partially break this separation, so that solicitors can already take legal action in some cases. The job description of solicitor advocate also entitles you to take legal action before selected (in Scotland : before all) higher courts. Solicitors can also apply for the judge's office , which was previously reserved for the tried and tested barristers .

European Union Law

Lawyers from the European Union who have practiced the law of the United Kingdom including European Union law for at least three years can apply for admission to the English solicitor according to Directive 98/5 / EC without having to take another aptitude test.

Solicitor in the USA

The solicitor also exists in the United States legal system . His work there is different from that in England or Wales. In the United States, in some states, a judicial officer or a senior prosecutor is referred to as a solicitor, while at the federal level it refers to a senior lawyer in some federal departments.

Other countries

In addition to the countries mentioned, the job title Solicitor is traditionally used in other countries that previously belonged to the British Empire . Solicitors from Ghana , Malaysia or Singapore may also be able to work in their field in Germany .

Web links

Individual evidence

  1. ↑ "solicitor s-li-s-tr, -lis-tr." In: Merriam-Webster's Collegiate (R) Dictionary. Springfield: Merriam-Webster, 2004. Credo Reference. Retrieved May 12, 2011.
  2. ↑ "barrister." In: Collins Dictionary of Law. London: Collins, 2006. Credo Reference. Retrieved May 12, 2011.
  3. ^ "Solicitor advocate." In: Collins Dictionary of Law. London: Collins, 2006. Credo Reference. Retrieved May 12, 2011.
  4. ↑ European Commission: Legal Professions - England and Wales: Solicitor . Status: July 3, 2007. Accessed May 12, 2011.
  5. ↑ "solicitor s-li-s-tr, -lis-tr." In: Merriam-Webster's Collegiate (R) Dictionary. Springfield: Merriam-Webster, 2004. Credo Reference. Retrieved May 12, 2011.
  6. ^ "Solicitor." In: Collins German Dictionary. London: Collins, 2007. Credo Reference. Retrieved May 12, 2011.
  7. ↑ "solicitor s-li-s-tr, -lis-tr." In: Merriam-Webster's Collegiate (R) Dictionary. Springfield: Merriam-Webster, 2004. Credo Reference. Retrieved May 12, 2011.
  8. ↑ Appendix 1 of the Ordinance Implementing Section 206 of the Federal Lawyers' Act .