The legal profession has a rich
history rooted in the English justice system. Over the years, the
terminology has become modified and the meanings have been muddled.
A lesson on the courtroom
Court rooms were made up of three sections. The first section was
reserved for the legal bench where the judge sat. The third section was
reserved for the common folk who came to observe the proceedings. In
the middle section was where people with familiarity of the law could
stand. They would be separate from the commoners and could address the
judge. These three sections were separated by two rails, known as
"bars," from which we get the terminology of a barrister or that a
lawyer is called to the bar
For most people, the subtle
differences in names of those in the legal profession do not matter,
but is important to note that a barrister was originally not an
attorney, although many people will refer to them as that today.
And the other guys ?
Aside from barristers, historically the other legal professional was a
solicitor. The solicitor is the one who was an attorney. Barristers
could represent a client in court but attorneys could appear in the
place of a client.
Add to that the words "lawyer," "counsel," and "legal adviser," and you
get a mishmash of terms that has come to mean a legal professional.
If you find yourself in legal trouble or are involved in a lawsuit,
you'll probably not care where the term attorney came from. However, it
is interesting to note the roots of our system that stemmed from
tradition.
You will probably find lawyers, barristers, solicitors, and attorneys
in the yellow pages all under the term “lawyer.”
It's not surprising that such confusing titles and jargon comes out of
the legal system!!!