Attorney, lawyer … and non-obvious differences

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Do you have a problem that requires special legal knowledge, and you realize that they themselves deal with it you can not, you obviously need professional help.

If you want to entrust his defense in court specialist, before you a question: where to go – in a law firm or a lawyer. Even in this formulation of the question for many people already have new information – many do not represent the difference between very similar, but different concepts such as a lawyer and a lawyer. For many people, all lawyers who undertake to represent them in court – it’s lawyers. However, this is not true, or rather, not so. Let’s try to figure out – who are they, lawyers, and differ from the ordinary skill of law firms (hereinafter for convenience we shall say – lawyers).

You must first make a digression and explain why there was such a problem of choice. The fact that only the criminal law requires mandatory participation of the lawyer and the lawyer does not allow participation without status as an attorney in the criminal process. Civil law does not contain such requirements, and generally does not indicate the presence of mandatory legal education at the representative plaintiff or defendant. In Art. 49 Code of Civil Procedure provides that “members of the court may be able-bodied persons who have properly executed authority to conduct business …”, that is to protect your interests in a civil case your representative enough to have a passport and a power of attorney from you. The competence of your attorney (who represents your interests), the court is not tested and not certified. Court who will not care – a lawyer or anyone else. It is assumed that a litigant, by choosing a representative, he will evaluate his or her professional capacity. To everything listed must be added that legal aid is not a licensed activity (and this means that there are no requirements for the training of the law firm does not exist at all).

So, in a civil court before you complete freedom of choice. Legal services market in abundance as law firms and lawyers. Now, let’s see what the similarities and differences between the lawyer and the lawyer. Learn more about nj personal injury lawyer!

And the lawyer and the lawyer should have a degree in law and guided by the requirements of Russian law. The resemblance actually exhausted. Next start solid differences. And with all the legal background sometimes situation in law firms, specialists in different ways, and sometimes give advice, students, and even just people who have no legal training at all (why it happens – a little later).

Let us turn to the differences. A lawyer acts in accordance with the Law on Lawyers, which defines the status of the lawyer, the requirements for a lawyer, and thereby protects the client. Counsel for the status must have completed a law degree with a diploma from the state sample, the work experience of at least two years, and most importantly – successfully complete a multi-level comprehensive exam in the Chamber of Lawyers in the community. This exam contains a lot of questions in several areas of the law, and the estimates it does not pose. Or commission, consisting of experienced examiners consider that the candidate knows the answers to questions and willing to become a lawyer, or a candidate should retry, not earlier than one year. After assigning the status of attorney is not entitled to work under an employment contract, as shall provide independent legal advice.

Specialist law firm just concluded an employment contract with his organization (Company, LLC – a form in this case is not important) and operates within the framework of labor relations. Already feel the difference, is not it? Lawyer – does not depend on anybody specialist whose training confirmed its status. Lawyer – entirely depends on the company, which operates, the level of preparation is not confirmed by anyone (remember the lack of requirements for qualification of law firms?).

The task of the lawyer – to act solely in the interests of their own principal (client). The task of a lawyer (not least) and still make money for the firm to get his salary. And this is not the fault of the lawyer, just a contract of employment and labor relations put him in direct dependence on the employer and forced to play by the rules adopted by the owners and managers of the firm. And the rules may be different.

So in practice, these firms are often applied to lawyers of penalties designed to motivate them to increase profit organizations, for example, if a client simply advise, but it will not be signed a cooperation agreement – a lawyer can be fined. Fines may be imposed if the lawyer does not fulfill the weekly rate for the amount of contracts concluded with customers, etc. This is logical – the aim of any business organization is to profit from their business activities. However, it is important that profit is not outweighed responsible approach to providing legal advice and quality work. I certainly do not believe that all law firms performance is sacrificed for the sake of profit, but the principle is the organization of such structures allows for a skewed and the majority of existing firms to deal with it simply can not, and is among the majority of such firms, which just do not want.

The lawyer, of course, did not besserebrennik, and signing a contract with a client, shall state the specific fee for a lawyer. But the lawyer is free to the client, its not forced to enter into a contract, and the amount of the fee, counsel points out as a personal reward. It should be noted that these payments are only for payment of the lawyer and his overhead. At the same time you also do not pay some people not directly involved in providing legal assistance to you (yur.firm owners, for example).

I believe that freedom of the will at the conclusion of the contract is a significant (if not defining) the value, as if the lawyer does not see the position to protect your interests, then he can refuse to provide services in order to conclude this with someone he did not contract No one can. This is the meaning of the status of attorney expressly specified in the law – “the provision of independent legal counsel competent legal assistance.”

We now turn to the myth of the “high cost” advocates and “cheap” services of lawyers.

Here is an example of handling a client in a law firm. Calling in a large law center, a customer gets to the secretaries or in a call center. And here it does not matter who a nice girl or young man introduced on the phone (most likely a call as a paralegal or a lawyer at once.) Having listened carefully to the client, commiserated him, the customer will be invited to come for counseling, because only in this company and only on this day will be an expert on the subject. Commonly referred to in passing a certain amount (say for example it will be 500 rubles), but no one says that the consultation will cost exactly 500 rubles, the language different, but they are smooth and only mean one thing – can advice will be worth 500, and can be and more (for example can be said “about 500 rubles.”) Enjoying such a good offer, the client directs the consultation and pays money … completely different (as a rule, thousands of rubles, depending on the abilities of our employees), while the customer explains that the price is not fixed, no one promised that consultation would be exactly 500 rubles, the client gives a call, listen to the recording, and the customer usually pays. This happens most often because the staff on the phone materially stimulate, for the number of clients who came for consultation, and staff on the phone in general is not interested in resolving the problem, its main purpose – to bring a client for a consultation and get paid for it. A lawyer is often simply can not advise so cheap because it has a “plan” to make money and sword hanging over him fine, and sometimes even the salary is calculated as a percentage of the amount contributed by the client.

When you access directly to a lawyer immediately set sufficiently clear terms. Yes, the cost of consultation is unlikely to be so cheap as it is called by telephone employees of law firms, but the cost of consultation is fixed and unaffected by a lawyer. Just a lawyer immediately assess the complexity of the issue and assigns the appropriate price. Immediately ruled out the chain of intermediaries, you are communicating directly with a specialist who will resolve your problem. As a result, the amount, I’m sure will be comparable. So, where is the cheapness of lawyers? As a rule, only in advertisements.

Speaking of trials, there are specialist determines qualification. And she, as already mentioned above, the pre-screening assessment of lawyers does not give her client knows only sude.Kvalifikatsiya lawyers, of course, also varies, but if you take some average value of lawyers and the lawyer, then I’m sure the level of training of lawyers in the middle higher than that of lawyers. In any case, choose speyialista (a lawyer or attorney) for the solution to your problem better after a personal conversation, it is worth to consider that the cost of services, although it plays a role in the selection, but it is the deciding factor.

Can be long and hard to give examples of specific court proceedings, somebody’s mistakes, but to do so, in this article, I will not. Because the purpose of the article, point out the fundamental, significant differences in the regulatory framework and approach to working with clients, to show the differences and help you make intelligent choices. In conclusion, I would note that I am not in any way is not to say that any lawyer is better than any officer of the law firm, there are many lawyers who are not lawyers, whose qualification is my sincere respect.

Also, in any case should not draw conclusions that all of the above applies to all law firms in the market of Russian legal services. Simply on the basis of communication with customers, develop an understanding of the need to announce pre-existing differences in the regulatory framework, as well as possible consequences for the clients themselves, and thus warn them of possible errors.