Attorney, lawyer, barrister和solicitor有什么區別

???????? 可能沒有哪個職業的抬頭會像‘律師’這樣分得這么細。在法律英語中,Attorney, lawyer, barrister和solicitor這幾個詞被使用的比較頻繁,有時候它們之間甚至可以互換。不過這些詞每個都有自己獨特的含義。

???????? 1. Attorney或者attorney-at-law, 中文意思是律師或者法律代理人。是指可以接受當事人的委托并有資格在法庭上代表委托人,并以委托人的名義參與案件的申辯。

???????? 2. Lawyer, 這個詞我們都是直接把它譯成‘律師’,它的定義是指受過專門的法律培訓,在法律事務上提供法律建議和幫助的人。因為lawyer可以在法庭審理程序中參與訴訟,并且在各個不同的審理階段代表客戶。所以lawyer一詞超出且覆蓋了attorney的含義。在美國,lawyer和attorney這兩個詞被認為是同義詞。

???????? 3.? barrister和solicitor的區別 在英國和在香港,律師的抬頭就更加細分了。律師分為兩種,solicitor是普通事物律師或簡稱為律師,其職責大體上是處理各種法律文書,接受各種訴訟委托,準備庭審所需的各種文件,其出庭的發言權是受到限制的;只有所謂的大律師或大狀(barrister)才在所有法院享有不受限制的出庭發言權,可在庭上與原告律師或控方(the Prosecution/prosecutors)唇槍舌劍,展開辯護(advocacy),但他們不能直接與訟人/當事人接觸。市民有意聘用大律師要先行與律師(solicitor)接觸,搜集案件的證據和會晤證人等事,是由律師辦理的。

attorney是檢察官還是律師?

??????? attorney 在美語中常常指律師、代理人。如attorney at law 專指律師,attorney of record 是指記錄在案的律師,attorney of the day 指值班律師。也許正由于這一原因,attorney 的另一個重要的意義“檢察官”反而被忽視了。

??????? 例句:

?????? The defendant has the right to an attorney . If the defendant cannot afford an attorney, and if the court declares the defendant to be indigent, the court will appoint an attorney for that person.

????? ?譯文:被告人有獲得律師辯護權。如果被告人無力聘請律師,同時法院認定其為貧困被告人,則法院將為其指派一名律師。

??????? When a person appoints another to act on his behalf in litigation, he must submit to the people’s court a power of attorney bearing his signature or seal.

??????? 譯文:如果某人委托他人代為訴訟,其必須向人民法院提交由其簽名或蓋章的《授權委托書》。

??????? 上述例句中attorney正是律師之意,美國常用attorney來指律師。而在英國,律師常被稱為barrister(出庭律師)或solicitor(事務律師)。而attorney不僅指律師,還可以指檢察官(prosecutor),因為從某種意義上講,檢察官被視為為政府工作的律師,因而“Attorney General”指總檢察長。

???????? 美國總統克林頓因為與白宮實習生莫尼卡發生緋聞事件而受到法律起訴時,報紙上常常出現某某聯邦律師出庭指控或傳訊總統之類的報道。當時很多人都感到納悶,美國律師怎么有權出庭指控或傳訊一位被認為犯了法的現任總統呢? 這位律師又是受了誰的委托? 難道是美國法律特殊? 后來才弄明白,原來是新聞稿中把attorney 一詞譯錯了。原來指控和傳訊克林頓的不是什么律師,而是聯邦檢察官。

???????? 相關短語:

???????? right to an attorney 獲得律師辯護權

???????? right to counsel 獲得律師辯護權

???????? power of attorney 客戶委托律師行使的代理權

???????? letter of attorney 代理授權書

???????? attorney letters 或 attorney opinion letter 或 letter 律師函

???????? attorney fees 律師費

???????? attorney ethics 律師職業道德

Find the right attorney for your case (Video)

Debtors rights RICO appeals
Franchises Creditor rights venture capital
Employee benefits Bankruptcy 11 Debt negotiation
business licenses Bank Fraud Bankrupty 13
Pre-bankruptcy credit counseling predatory lending Considerations for forming a joint venture
get an attorney to file bankruptcy? Confidentiality of consultations with lawyers Have you been sued?
SBA business loans PN - A contract to repay a loan How to obtain court transcripts?
Prepare to meet your lawyer How to find the right attorney II? Minority shareholder rights
What is bankruptcy? The crime of money laundering How do you file a class action suit?
How to get a design patent? Missed your mortgage payments Protecting property from repossession
Fixing your credit Bankruptcy Discharge of Debts What if debt collector violates the Act?
Do you need to hire a lawyer? Do I need a lawyer to file bankruptcy? Government benefits WIC program
How do I find the right attorney I? alter ego liability Liability for over Serving Alcohol
Your online profile Due process of law Right to cancel a contract
Basic Feature of S Corporation Home Foreclosure be Prevented? get out of a bad commercial lease
Errors & omissions insurance for board advertising laws Occupational safety and health
avoiding personal liability Federal tax lien Importing Goods into US
Business Attorney for Startups Business Dissolution Summons never received
Beware of credit repair scam Benefits of S-Corporation Importance of evidence in injury case
Breach of Fiduciary Duty Bankruptcy ¨C What can I keep? Do I have a case?

Attorney Help with Settlements (Video)

Debtors rights RICO appeals
Franchises Creditor rights venture capital
Employee benefits Bankruptcy 11 Debt negotiation
business licenses Bank Fraud Bankrupty 13
Pre-bankruptcy credit counseling predatory lending Considerations for forming a joint venture
get an attorney to file bankruptcy? Confidentiality of consultations with lawyers Have you been sued?
SBA business loans PN - A contract to repay a loan How to obtain court transcripts?
Prepare to meet your lawyer How to find the right attorney II? Minority shareholder rights
What is bankruptcy? The crime of money laundering How do you file a class action suit?
How to get a design patent? Missed your mortgage payments Protecting property from repossession
Fixing your credit Bankruptcy Discharge of Debts What if debt collector violates the Act?
Do you need to hire a lawyer? Do I need a lawyer to file bankruptcy? Government benefits WIC program
How do I find the right attorney I? alter ego liability Liability for over Serving Alcohol
Your online profile Due process of law Right to cancel a contract
Basic Feature of S Corporation Home Foreclosure be Prevented? get out of a bad commercial lease
Errors & omissions insurance for board advertising laws Occupational safety and health
avoiding personal liability Federal tax lien Importing Goods into US
Business Attorney for Startups Business Dissolution Summons never received
Beware of credit repair scam Benefits of S-Corporation Importance of evidence in injury case
Breach of Fiduciary Duty Bankruptcy ¨C What can I keep? Do I have a case?

How do I find the right attorney I? (Video)

attorney help with settlements Your rights to sue under ERISA registering a trademark
Business Billings and Collections Home based businesses Spinal cord injuries
Debt consolidation¨Ctoo good to be true? Hope for homeowners Consideration for closely held businesses
Commercial speech and advertising Fair debt collection practices act Watch out for debt elimination scams
Avoid Business Bankruptcy Qualified personal residence trust Worried about making your mortgage payment?
Does a friend owe you money? Denied a loan modification? What happens if don't answer a lawsuit?
contingency fee agreements Don't wait to sue Am I Eligible to File for Bankruptcy 7?
Hire an attorney in another state Emotional distress damages Securities fraud ¨C victim?ˉs rights
FDCPA stop a debt collector from me Cease and desist Talk to my lawyer
how to end creditor harassment? How to get a design patent? Retirement plan if company bankruptcy
Power of sale foreclosures piercing the corporate veil Implied Warranties
Small business liability insurance Fair credit billing act Gay and lesbian rights
bankruptcy 7 UCC-1 financing statements Reduced debt settlement
Online gambling Veterans's benefits Can monthly credit card payments be reduced?
Spam email What is negligence? How to Protect Your Business Ideas
bad faith What are the antitrust? How to Set Up A Business?
How foreclosure affect a co-signer? How to Protect Your Business Name? Employers handle sexual harassment claim
How long to settle a lawsuit? What is loan modification? past debt statute of limitations
How to finance your lawsuit? Starting a nonprofit organization Partnerships and corporations
Illegal Price Fixing How to Properly Start a Business? Loan Default Litigation
FHA Secure refinancing program Will filing bankruptcy stop collections? Securities laws and regulations
Find the right attorney for your case What is a toxic tort? Confidentiality of consultations with lawyer
Foreclosure ¨C the legal proceeding Unfair business practices Non-compete agreements
Indymac Mortgage Loan Modification Settle or go to court? Closing a business

How to hire an attorney in another state? (Video)

Debtors rights RICO appeals
Franchises Creditor rights venture capital
Employee benefits Bankruptcy 11 Debt negotiation
business licenses Bank Fraud Bankrupty 13
Pre-bankruptcy credit counseling predatory lending Considerations for forming a joint venture
get an attorney to file bankruptcy? Confidentiality of consultations with lawyers Have you been sued?
SBA business loans PN - A contract to repay a loan How to obtain court transcripts?
Prepare to meet your lawyer How to find the right attorney II? Minority shareholder rights
What is bankruptcy? The crime of money laundering How do you file a class action suit?
How to get a design patent? Missed your mortgage payments Protecting property from repossession
Fixing your credit Bankruptcy Discharge of Debts What if debt collector violates the Act?
Do you need to hire a lawyer? Do I need a lawyer to file bankruptcy? Government benefits WIC program
How do I find the right attorney I? alter ego liability Liability for over Serving Alcohol
Your online profile Due process of law Right to cancel a contract
Basic Feature of S Corporation Home Foreclosure be Prevented? get out of a bad commercial lease
Errors & omissions insurance for board advertising laws Occupational safety and health
avoiding personal liability Federal tax lien Importing Goods into US
Business Attorney for Startups Business Dissolution Summons never received
Beware of credit repair scam Benefits of S-Corporation Importance of evidence in injury case
Breach of Fiduciary Duty Bankruptcy ¨C What can I keep? Do I have a case?