What is the difference between a lawyer and a lawyer?
Practice shows that people often do not know whose help they need: a lawyer or a lawyer. We took this into account and decided to explain to you how the former differ from the latter.
In the modern world, in connection with rapid economic growth, the range of professions of one sphere or another has significantly expanded in society, and in some areas there is a division by profession. So in the legal profession there are professions as a legal adviser, lawyer, judge, notary public prosecutor, law teacher and others.
A lawyer is an extensive concept that can be applied to all professions related in one way or another to legal activity. A lawyer can be both a lawyer and a notary public, prosecutor, judge, and also hold any position in almost any business field. Lawyers are divided by specialization and direction of legal activity.
Individual representatives of the legal profession are lawyers. Meanwhile, in the public understanding, the profession of a lawyer and a lawyer as a whole are not differentiated, which is erroneous from a legal point of view. However, although in some cases exceptions still exist, in the provision of legal services this distinction does not affect the quality or effectiveness of the provision of general legal assistance.
Lawyers are lawyers who have the requirements specified by the Law of Ukraine “On Advocacy”. A unifying feature of the activities of a lawyer and lawyer is the provision of legal assistance, as well as compliance with the applicable laws of Ukraine, especially the procedural one, in which they carry out direct activities.
The following differences in the profession of lawyer and attorney are:
Various basic requirements for a lawyer and attorney.
In order to obtain the profession of a lawyer, as noted above, it is necessary to obtain a higher legal education. A lawyer is a person who has received a higher legal education, or receives one, or carries out legal activity. There are no specifically defined requirements for practicing this profession in the legislation. With regard to the implementation of legal activities as a lawyer, in addition to a higher legal education, it is necessary to have the following characteristics: to be a practicing lawyer for more than two years; speak the state language; pass qualification exams; get a certificate of engaging in advocacy, take the oath of a lawyer1.
In addition to these requirements, the law defines special rights as well as obligations of lawyers.
The presence of special laws governing the activities of a lawyer.
In addition to the norms of general law, a lawyer is also subject to the norms of the Law of Ukraine “On the Bar”, the Code of Professional Ethics of a Lawyer and other special regulatory legal acts. It should be noted that due to this difference, in some cases, the scope of official obligations carried out by a lawyer and a lawyer may be different. So, according to the Law of Ukraine “On Advocacy”, lawyers have a special right to appeal with a lawyer to various state structures, enterprises and institutions, which, in turn, are required to provide an official response. At first glance, this right can be a significant advantage for a lawyer, however, the Law “On Appeal of Citizens” is in force in Ukraine, in accordance with the provisions of which public authorities, local governments, as well as other institutions related to social activities, are required to provide an answer to the relevant appeals of citizens. Therefore, it does not matter from whom such appeals come: from a lawyer, or on behalf of a lawyer. At the same time, it is always necessary to remember that the request of a lawyer is satisfied much more often, more comprehensively and efficiently with the advantage of obtaining copies of the necessary documents.
Representation of interests in criminal and administrative processes by a lawyer and advocate.
Another difference between a lawyer and a lawyer, which may affect the effectiveness of legal assistance, is the legality of representation in criminal and administrative processes. According to the Code of Criminal Procedure of Ukraine and the Code of Administrative Procedure, a defender in these areas of law can be either a lawyer or a specialist in the field of law. It should be noted here that a specialist in the field of law is a person who, on the basis of a special law, can provide legal assistance. Taking into account the foregoing, one could say that this rule eliminates the distinction between a lawyer and a lawyer in a representative office. However, practice suggests otherwise. The fact is that a specialized law that provides the opportunity to provide legal assistance to specialists in the field of law does not exist in Ukraine. Thus, in practice, as before, both in the criminal and in the administrative process, as a defender, only a lawyer or close relatives or guardians of the accused have the right to take part.