the Difference Between an Attorney, Lawyer, Barrister, and Esquire

Perhaps no other profession has as many variations in titles than that of lawyer. The titles attorney, lawyer, barrister and Esquire are frequently used, sometimes interchangeably, in the field of law. However, by definition, each has a unique meaning.

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 in court. By most definitions, an attorney may act on the client’s behalf and plead or defend a case in legal proceedings. The English word attorney has French origins, where it meant “a person acting for another as an agent or deputy.”
A lawyer, by definition, is someone who is trained in the field of law and provides advice and aid on legal matters. Because a lawyer also conducts suits in court proceedings and represents clients in various legal instances, the term has expanded to overlap the definition of attorney. In the U.S., attorney and lawyer are normally considered synonyms. The term lawyer has Middle English roots.

In the U.K, even more job titles are used in the field of law; there are barristers and solicitors, among others. 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.

Finally, Esquire is a title sometimes used by attorneys. When used, it follows the attorney’s full name, and is most often an abbreviation, Esq. It is an honorary title that has little meaning in the U.S. today 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.

Become an Attorney Without Law School

Several states in the USA and some locations in Canada will allow you to become an attorney without law school, trading basic intelligence, apprenticeship and mentoring to help you pass the bar exam. Those who choose this route claim how wonderful it is to have become an attorney with no law school debt, and to choose their own hours for study, and to actually get paid by a law firm instead of spending money on tuition.

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Step 1

Find out if your state or location allows this alternative. Go to your state's bar association online and discover if you can become an attorney through an alternative self-study route.
Step 2

Make an outline of the steps your state requires. Some states do want you to have some college education to become an attorney, you just don't have to go to law school. Others want you to at least pass an intelligence test as a first step. Make your list of their requirements.
Step 3

Start with their education or intelligence requirements. Either finish their college requirements or study for and take their specified intelligence exam.
Step 4

Find a qualified attorney to be your mentor. Each state usually makes you have a practicing attorney whom you study under if you want to become an attorney yourself without law school. In some cases, for example, the attorney has to have five years' experience, but doesn't have to be involved in the same specialty you may hope to specialize in.
Step 5

Find and apply for the work experience they require. Most states want you to be working for a law firm, such as being a legal clerk, as part of your alternative plan to become an attorney.
Step 6

Pass the bar exam. After enough required years of study and work experience, you'll be allowed to take the bar exam. If you don't pass, you can usually try again, multiple times. Once passed, congratulations, you have become an attorney and didn't have to go to law school.

Attorney law, LL.M. - Lawyers Greece

Lawyers in Greece are subject to the Greek Code of lawyers that entered into force in 1954, as well as the European legislation about lawyers (Lawyers code of conduct ).

In order to become a lawyer in Greece, one must be a law school graduate of a Greek university or a foreign university. In the latter case, the foreign diploma must be recognized as equal by the Greek authorities, so that the graduate can be accepted as a bar member. As a first step, an eighteen-month practice period in a Greek lawyer's office must be accomplished, during which the trainee lawyer must participate in 30 court hearings together with the supervising lawyer.

At the end of the 18-month practice period, the trainee lawyer must take the bar exam, which is held twice a year. The board of examiners is comprised of judges and lawyers. A trainee is granted the title "lawyer" in Greece once this exam is passed, and a ministerial decree is published, which states which lawyers passed the exam and cam be registered as members of the bar.

Lawyers in Greece cannot litigate before courts out of their bar territory, without the participation of a lawyer of the other bar. This is about to change within the next years due to European directives, which enable the free exercise of any profession in the European Union without territorial restrictions.

During the first 4 years of his career, a lawyer in Greece can only litigate before the courts of first instance, as well the local magistrate's court. The latter are smaller courts which try claims of a value not exceeding 12.000 €.

After four years of practice, the lawyer can apply to be granted a higher license, in order to litigate before the Court of Appeals. In another five years, the lawyer can also apply to be granted the right to litigate before the Supreme Court in Greece, called Areios Pagos, which is seated in Athens. Areios Pagos tries cases only of a pure legal nature, meaning that the rules of lower courts cannot be brought before Areios Pagos with the argument that they did not assess the evidence correctly.

Lawyers in Greece are usually divided by their practice focus in 3 categories: lawyers that handle penal cases, lawyers that handle civil cases and those that handle commercial and corporate cases. In smaller cities, it is usual for a lawyer to handle all types of cases.

source :http://www.sooperarticles.com

Power of Attorney UK Law

The Lasting Power of Attorney was introduced by The Mental Capacity Act 2005 and came into effect on the 1st October 2007. It replaces the Enduring Power of Attorney although EPA's made prior to the 1st October 2007 will continue to be valid. You may make two types of LPA - the Property and affairs LPA and the Welfare LPA. As the name suggests, the Property and Affairs LPA deals with financial matters whereas the Welfare LPA covers personal and healthcare decisions.

Choice of Attorney

The person making the LPA (the Donor) should appoint an Attorney they trust and in whom they have complete confidence. The Attorney must be over 18 and must not be an un-discharged or interim bankrupt person. More than one Attorney can be appointed to act either together, independently or together in respect of some matters and independently in respect of others. If the LPA is silent on how two or more Attorneys are to act they must act together. Under LPA's it is possible for the person making the LPA to appoint a replacement Attorney.

Role of Attorney

An Attorney's role to make all the decisions (subject to any restrictions or conditions contained in the LPA) that the Donor would have made himself and in reaching these decisions the Attorney must comply with The Mental Capacity Act 2005 and the Code of Practice. Under a Property and Affairs LPA the Attorney will commonly be able to pay bills and expenses, collect income and benefits, manage Bank and Building Society Accounts, buy and sell property, complete and submit Tax Returns and make gifts within the statutory limits. Under a Welfare LPA the Attorney is likely to be given power to consent or refuse particular types of healthcare, including medical treatment and may even be able to consent to or refuse life sustaining treatment on behalf of the person that has made the LPA. The Attorney may also be able to decide whether the Donor remains in his own home or moves into residential or nursing care and also more day to day decisions such as the Donor's diet, dress or daily routine. LPA's can be restricted or contain conditions limiting the Attorney's authority. The Donor can also, if he wishes, include guidance for the Attorney in the LPA. This guidance is not legally binding but could be invaluable to the Attorney.

The Certificate Provider

Not only must LPA's be signed by the Donor and Attorneys and witnessed, a Certificate must also be given by a third party, the "Certificate Provider". A Certificate Provider is an independent person chosen by the Donor to complete a Certificate contained in the LPA to confirm that in his or her opinion the Donor:-

· Understands the purpose and content of the LPA;

· Understands the extent of the powers he is giving to the Attorney;

· Is not being pressurised, tricked or placed under duress by a third party to make the LPA; and

· That there is nothing else that would prevent the LPA being created.

The Certificate is vital and without it the LPA is invalid and cannot be registered. The Certificate Provider can either be someone who knows the Donor personally and has done so for at least two years or a person with the relevant professional skills and expertise to certify the LPA eg. a Solicitor, Barrister, Doctor or Social Worker.

Registering the LPA

An LPA, whether it is a Property and Affairs LPA or a Welfare LPA must be registered with the Office of the Public Guardian (OPG) before it can be used. The registration fee is £150 and the registration process is likely to take between 6 and 8 weeks. Once registered, a Property and Affairs LPA can be used immediately but a Welfare LPA can only be used once it is registered and the Donor has lost his mental capacity to make decisions. When making the LPA the Donor can nominate up to 5 people to be notified of the application to register. Those notified will have an opportunity to object to registration if they have concerns for example regarding the integrity of the Attorney. It is not a requirement that persons are nominated but it is advisable. A registered LPA will be added to the OPG database and searches can be made by third parties to see whether an LPA is in existence.

Revoking an LPA

An LPA can be revoked by the Donor at any time provided he has mental capacity. The Attorney can also disclaim the appointment. There are also circumstances when an LPA will be revoked. These are:-

• When the sole Attorney dies or is made bankrupt. If two or more Attorneys are appointed, the appointment of the surviving or non bankrupt Attorney will continue;
• When the Donor dies;
• When the Donor is made bankrupt (NB this rule does not apply to a Welfare LPA);
• When the Attorney is a spouse or civil partner and the marriage ends in divorce or the civil partnership is dissolved. The LPA may, however, specify that the appointment continues notwithstanding such divorce or dissolution.

However, a decision to give someone authority to manage your financial affairs is not one that should be entered into lightly.

It is therefore advisable to consult a Solicitor who is a Registered Trust and Estate Practitioner with considerable experience of dealing with these types of matters if you are considering granting a Lasting Power of Attorney.

Attorney Malpractice Lawyers

Common Types of Attorney Malpractice
There are three main types of attorney malpractice:

• Negligence: If your attorney did not treat your case as well as an average attorney should, then your attorney was probably negligent in handling your case. Your attorney may have committed malpractice, and can be held liable for any damages you suffered as a result.
• Breach of Fiduciary Duty: If an attorney acts in his own best interest instead of yours and your case is adversely affected because of it, your attorney has probably committed malpractice by breaching his fiduciary duty. You can sue your attorney for the damages you suffered.
• Breach of Contract: When you hire an attorney, you sign a contract with him. If he fails to do what the contract obligates him to do, then he has committed malpractice and you may be able to recover damages.

Examples of Attorney Malpractice
There are many ways an attorney can commit malpractice. Here are a few common examples of lawyer malpractice:

• Blunders: If your attorney makes outrageous mistakes, such as missing court dates and deadlines, failing to properly submit documents to the court, or otherwise being irresponsible, your attorney may have committed malpractice.
• Bad Checks: If your attorney sends you a check from his own account for damages you've won, and the check bounces, your attorney may have committed malpractice.
• Settling Without Your Permission: If your attorney settles a case without your permission, your attorney may be liable for malpractice.
• Failing to Contact You: If your attorney has not returned your phone calls or responded to your letters for a long period of time, he may have committed malpractice.

I Think My Attorney Has Committed Malpractice, What Should I Do?
The first thing you should do is file a complaint with your attorney's State Bar Association. The Bar Association is an organization that licenses and regulates attorneys for each individual state. The Bar Association cannot, however, help you recover any damages you've suffered. To recover damages, you have to sue your attorney in court.

Do I Need an Attorney to Help Me with My Attorney Malpractice Problem?
Proving that your attorney committed malpractice can be difficult. You have to know exactly what constitutes malpractice and show that your attorney actually committed malpractice. An experienced malpractice attorney can help you determine whether or not you're a victim of attorney malpractice. Additionally, a lawyer can file a lawsuit on your behalf and help pursue your attorney malpractice case in court if necessary.