Legal services to citizens and organizations are provided by lawyers and attorneys. Despite the similarity of concepts, there are significant differences between them. Lawyer and lawyer – what is the difference, I will tell you further in simple words.
A attorney and a lawyer are the same or not
In short, every attorney is a lawyer, but not every lawyer is an attorney.
A attorney is a person who has received a secondary specialized or higher legal education. attorneis are engaged in private practice, work in the Ministry of Internal Affairs, courts, and the prosecutor’s office. That is, the prosecutor, the judge and even the lawyer are lawyers.
An attorney is a lawyer with higher education who has passed a qualification exam, received a certificate and is a member of the Chamber of Lawyers.
Let’s imagine Anna, who graduated from the law faculty of the university. Now the girl is a lawyer, but not a lawyer. To become a lawyer, she needs to work as a lawyer or trainee lawyer for 2 years. After that, prepare for the qualification exam. Pass the exam, take the oath and only then (having received a certificate) Anna will be a lawyer.
The difference between a lawyer and a lawyer is a table
The main differences between lawyers and attorneys are described in the table.
| Attorney | Lawyer |
| Specialist exclusively with higher legal education. | Specialist with secondary specialized or higher legal education. |
| He is allowed to practice law after passing the qualification exam and taking the oath. | To work, you only need a diploma. |
| He has the exclusive right to defense in criminal cases. | He is not entitled to be a defender in criminal cases. |
| He is a member of a collegium, office or bureau. You are not entitled to become an individual entrepreneur or engage in other paid work in addition to teaching, creative and scientific activities. | They are employed under an employment contract or run a law firm. Has the right to open an individual entrepreneur. |
| Has the right to send lawyer requests to government agencies and organizations. Administrative liability has been established for unlawful refusal to provide information to a lawyer. | Can request information and documents only through the court. |
| The activity is regulated by the Federal Law “On Advocacy and the Bar in the Russian Federation” and the Code of Professional Ethics of a Lawyer. | The activity is based on the general rules of civil law. |
| Provides services under the contract and warrant. | Works under a contract. |
| Pays 13% income tax + contributions to the collegium, office or bureau, to the chamber, to the Pension Fund of the Russian Federation, to the Compulsory Health Insurance Fund. | He pays a tax of 13% on income, like all working citizens. |
| He is obliged to keep attorney-client privilege – he does not testify to investigators, judges and other persons about the information received from the principal. | Is not obliged to store information received from the client. |
| Information about lawyers is entered in an open register. | The activity is not licensed. |
| Income is not guaranteed. | They receive a monthly salary. |
| Obliged to improve his qualifications 1 time in 5 years. | There is no obligation to attend refresher courses. |
What is the difference between the duties of lawyers and lawyers?
Act 1: The Lawyer’s Code of Silence vs The Open Book of Lawyers
Picture this: a lawyer, like a seasoned secret agent, is obligated to uphold the sacred attorney-client privilege. No spilling the legal beans to anyone! It’s a bit like a legal version of “shh, it’s classified.” They can’t be interrogated about the juicy details they learn while working with a client. And if they dare to break this code of silence? Well, hello, criminal liability!
Now, let’s swing the spotlight to lawyers. No secret-agent drama here. They’re not bound by this mysterious code. They can spill the legal tea without facing the legal firing squad. No secrets to keep, no hush-hush missions. Just the facts, ma’am.
Act 2: Tax Tales – The Payroll Ballet of Lawyers
In the grand dance of finances, lawyers working in law firms have a partner called payroll tax (13%). It’s like a relentless dance partner you can’t escape. On top of that, they pay personal income tax and membership fees to the lawyer’s chamber and their legal education. It’s a financial waltz that requires both finesse and a good head for numbers.
Meanwhile, lawyers are sipping tea, perhaps with a biscuit or two, because they’re not entangled in this tax tango. No payroll tax woes for them. It’s a bit like watching a different financial theatre play—same stage, different actors.
Act 3: The Code of Professional Ethics – Lawyers’ Moral High Ground
Now, let’s talk about the moral compass of the legal world. Lawyers have a rulebook—the code of professional ethics. Violate it, and you could be in for a disciplinary rollercoaster courtesy of the Chamber of Lawyers. It’s like having a watchful guardian ensuring you play by the ethical rules.
And who’s missing from this ethical committee? Lawyers! No obligation to follow the ethical scriptures. They’re the free spirits of the legal world, charting their course without the moral rulebook.
Act 4: Lawyers and Lawyers in Court – A Legal Tap Dance
In the theatre of justice, lawyers take center stage in criminal cases. They’re the stars defending the principal (client). But in civil and arbitration proceedings, both lawyers and lawyers join the legal tap dance. It’s a coordinated performance where everyone gets a chance to strut their legal stuff.
But here’s the twist. A lawyer in criminal proceedings is armed with a warrant, granting them special powers. It’s like having a backstage pass to all areas—familiarizing with case materials, making requests to state bodies, and even participating in client interrogations. It’s the VIP treatment in the legal theatre.
Act 5: Powers Unleashed – Lawyer vs Lawyer
Let’s talk superpowers! Only lawyers have the right to defend suspects in criminal cases at all stages—no cape required. On the civil front, capable individuals with duly executed powers can represent interests. A lawyer? Well, they just need a trusty power of attorney to join the legal superhero league.
And the lawyer’s status? It’s a golden ticket to make inquiries to state and local authorities. It’s like having a backstage pass that opens all doors. Meanwhile, lawyers can only gather information by sending petitions to the court. It’s a bit like the difference between VIP access and waiting in line.
Finale: The Verdict – Lawyer or Lawyer? The Dramatic Showdown
The big question: who’s better, a lawyer or a lawyer? For a dose of legal brilliance, a lawyer is your go-to maestro. Why? Because they boast higher legal education and a couple of years of battle scars—sorry, work experience. On the flip side, a lawyer could be a fresh graduate without the scars but armed with a shiny diploma.
And the training game? Lawyers periodically polish their legal swords, while lawyers, once armed with a diploma, might not bother with further training. It’s like comparing a seasoned knight to a fresh squire.
And let’s not forget the legal intel. Lawyers can gather information from state, public, and commercial structures with a simple request. Lawyers? They’re often left twiddling their legal thumbs because they lack that official status.
Epilogue: Complaints and Crib Notes – Wrapping Up the Legal Show
But what if things go south? If a client isn’t doing a victory dance because of a lawyer’s work, they can file a complaint to the Chamber of Lawyers. Cue the disciplinary proceedings, where remarks, warnings, or even stripping of the lawyer status can unfold.
For a dissatisfied client of a lawyer, the legal road is bumpier. Complaints won’t cut it; it’s a court showdown to reclaim funds for a subpar service. They’ve got to prove their case is as legit as a British cup of tea.
Crib Notes: The Encore
Just in case you need a quick recap in legal jargon:
- A lawyer has a legal education; a lawyer is a certified legal wizard.
- Both offer legal advice, prepare documents, and represent interests in court.
- A lawyer guards the attorney-client privilege; a lawyer can spill the legal tea.
- Lawyers pay the financial piper with payroll tax; lawyers enjoy a tax-free stroll.
- Lawyers follow the code of professional ethics; lawyers march to their own legal beat.
- Lawyers shine in criminal cases with special powers; lawyers need a power of attorney for the legal stage.
- Lawyers can make inquiries to authorities; lawyers send petitions and wait in line.
- For top-notch legal brilliance, go for a lawyer; for a legal novice, a lawyer might do the trick.
And there you have it, dear reader—an enthralling journey through the legal labyrinth, where lawyers and lawyers play their unique roles on the legal stage. It’s a world filled with tax tangos, ethical tightropes, and a sprinkle of legal drama. So, whether you’re seeking a seasoned legal maestro or a fresh legal face, remember: the legal stage has a spot for everyone, complete with quirky rules and the occasional legal showdown. Until next time, cheerio, legal aficionados!