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There may be situations in life where defending your rights without professional legal help seems difficult. The state has established a large number of rules for the protection of everyone’s interests and rights, and getting to know the norms and them can seem time-consuming and confusing without an expert in the relevant legal field. In such situations, the question of which legal specialist to choose often arises: should you contact a lawyer, a lawyer or a barrister?
All the three previously mentioned are legal professionals, but their roles and powers are significantly different from each other. In this article, we look at the specifics of each position and explain when it would be most appropriate to contact a specific specialist. The article provides an overview of how these different roles work in practice and what legal aid solutions they offer. In addition, practical examples are presented to help you make an informed and considered choice in favor of the right specialist to ensure the best protection of your interests.
What is the difference between a lawyer, a lawyer and a barrister?
Jurist
Lawyer is a broad term that includes all (mostly) persons with a legal education. Lawyers can work in a variety of fields, such as corporate legal departments, government agencies, or academia.
However, acting as a lawyer is not regulated by law. Although they can provide legal aid and prepare documents, they are not automatically entitled to represent clients in court, except in certain exceptional cases in civil and administrative matters, if authorized by the court. Therefore, if you have hired a lawyer to help you, you must remember that, in general, he may not represent you in the Supreme Court, as he does not have the appropriate qualifications. Likewise, a lawyer who works in a law firm may not provide legal services on behalf of the law firm. Therefore, it must be clear to the client who is providing him with legal services – whether it is a law office or a lawyer’s office.
A lawyer
A lawyer is a person with a higher education in law who has a corresponding professional certificate and who is a member of the bar association. Attorneys have the right to represent clients in court and provide a wide range of legal assistance, including advice and document preparation. The lawyer’s function is to stand up for the client’s rights and reconcile the parties. In their work, they rely on laws, professional ethics and previous cases (including case law). A lawyer works in a law firm, and their activities are supervised by the Estonian Bar Association in Estonia.
A barrister
A barrister is a lawyer who has passed the barrister’s exam and has worked as a barrister’s assistant for at least three years. Thus, in the form of attorneys-at-law, we are dealing with highly qualified specialists with greater experience and knowledge. They can represent clients in all courts and provide more complex legal aid services.
A sworn lawyer is personally and financially responsible for his activities, and he must constantly improve his professional skills and professional knowledge. In addition, the barrister has confidentiality protected by law.
Education
Jurist
Lawyers are (mostly) educated at university law schools, where they receive a bachelor’s or master’s degree in law. During the educational path, various areas of law are studied, including civil law, criminal law, administrative law and international law. This educational path provides lawyers with in-depth basic knowledge in several areas of legal science.
A lawyer
To become a lawyer, a lawyer must pass the bar exam and then be accepted as a member of the Estonian Bar Association. The bar exam consists of a written and an oral part. Its purpose is to find out whether the skills and professional knowledge of the lawyer as an examinee meet the requirements and whether the personal characteristics of the candidate are suitable for the activities of a lawyer. A lawyer’s rights and obligations are regulated by law and he meets high professional standards.
A barrister
In order to become a sworn advocate, a lawyer must have worked as an assistant to a sworn advocate for at least three years, which in turn is subject to conditions, and must have passed an additional sworn advocate exam. In addition, a barrister must take an oath affirming his commitment to the ethical rules and high standards of the profession. Becoming a barrister is a sign of professional excellence and dedication.
Fields of work and tasks
Areas of work and duties of a lawyer
Lawyers can specialize in different areas such as company law, intellectual propertytax law or international law. Their responsibilities depend on the workplace and duties, but they must still comply with applicable laws and professional ethics. Tasks may include legal analysis, preparation of legal documents and advice. Lawyers often work within organizations where they help ensure compliance with laws and regulations. A lawyer can provide valuable legal assistance, but he or she generally does not have the right to represent clients in court, except in certain exceptional cases.
Areas of work and duties of a lawyer
Lawyers can practice in various areas of law, including civil law, criminal law, administrative law and commercial law. Their duties include advising clients, drafting contracts, conducting negotiations and, if necessary, representing clients in court. For example, a lawyer can help with inheritance matters, divorce, represent you in employment disputes or prepare documents for real estate transactions, and much more. The lawyer also helps the client to understand and be aware of his rights and opportunities by explaining the laws, the course of the procedure and answering other questions that may arise. The goal of the lawyers is to find the best possible solution to the situation, also offering support in finding compromises.
Lawyers have wider rights, including representing clients in court and providing legal advice. Their activities are strictly regulated by the Bar Association Act and the Code of Ethics, which ensure high standards. Lawyers are obliged to protect their clients’ interests, maintain confidentiality and ensure that the client’s rights are not violated.
Areas of work and duties of a sworn attorney
Barristers deal with more complex legal issues and lawsuits. In some legal proceedings, the law may require that the client be represented by a barrister. They represent clients in all court levels, including the Supreme Court. Their duties may include representing large companies in international disputes, drafting complex contracts or defending criminal cases. For example, a barrister can help with international trade issues, tax law issues, or represent clients in large corporate mergers. Barristers have a duty to represent their clients to the best of their ability and to ensure a fair trial.
Barristers have all the rights of attorneys, but they also have additional rights and responsibilities. They have a greater role in organizing and managing the work of the bar association, including participation in the work of the governing bodies of the bar association and contributing to the development of the profession. They must adhere to even higher standards and constantly upgrade their knowledge and skills. A barrister often has a responsibility to mentor younger colleagues, including lawyers who are still applying for barrister status. He can act as a patron and provide them with professional support and guidance.
When to contact a barrister?
Complex and international cases
If your legal matter is complex or involves international law, the help of a barrister can be essential. For example, international trade disputes or complex corporate mergers often require the expertise and experience of a barrister.
Big financial stakes
If your case involves large sums of money or could affect the future of your business, using a barrister is often the best option. For example, complex tax disputes may require the knowledge and experience of a barrister.
Practical examples
Inheritance matters
If you need help with inheritance matters, a lawyer can help draft a will and represent you in court. If the estate involves international assets, a barrister may be necessary to ensure that all legal aspects are handled correctly.
Mergers of companies
In the case of a company merger, a lawyer can help prepare the necessary documents and ensure compliance with the law. If the merger involves large sums of money or international transactions, the assistance of a barrister is recommended to ensure the smoothness and legality of the transaction.
Criminal matters
If you are facing criminal charges, it is important to get an attorney who can defend you in court. In more complex and difficult cases, a barrister is the best choice to ensure a strong and competent defense.
Summary
Source: Estonian Bar Association. Why choose a lawyer?
The choice of legal aid depends on your specific needs, situation and the complexity of the case. Lawyers, advocates and barristers offer different services and have different rights and obligations. If your case is complex, international or involves high financial stakes, contacting a barrister is often the best option, as their experience and qualifications ensure thorough and professional assistance. In case of urgent and simpler matters, for example when preparing legal documents or getting general legal advice, it may be more reasonable and practical to consult a lawyer, which would also help to save financial resources. However, if your problem is already more complex and may require legal proceedings in the future, it would be advisable to consult with either a lawyer or a barrister to ensure the best protection of your interests and the strongest representation in court.
We hope that this article helped you to better understand the roles of different legal professionals and the importance of choosing them. If you have additional questions or need professional legal assistance, please contact us Law firm Hedman side. We are ready to help you and ensure that your rights are always protected in the best possible way.
Source: online.le.ee
