A lawyer is any person who has graduated from a law school, and an advocate is a lawyer who has completed legal training, passed the bar exam (or fulfilled the statutory requirements for exemption from it), and is included in the register of advocates. Thus, every lawyer is a jurist, but not every lawyer is an advocate. The title "advocate" is protected by law, while the term "jurist" is not.
To sum it up
- Lawyer — is a colloquial term for a law graduate; it is not a profession requiring public trust nor a legally protected title.
- Advocate is engaged in professional activities regulated by the Law on Advocacy, is a member of the Bar Association and bears disciplinary liability.
- A lawyer (as well as a legal consultant) can act in as a professional representative in court and defense attorney in a criminal case ; an unlicensed lawyer generally cannot do this.
- The lawyer is connected attorney-client privilege , which is not limited in time.
Who is a lawyer?
«"Lawyer" is a colloquial and general term. It refers to a person who has received higher legal education and a master's degree in law . Thus, a lawyer can be a recent graduate, a judge, a prosecutor, a notary, a legal adviser, or an attorney. However, a master's degree in law alone is not sufficient to practice a regulated profession.
Unlicensed lawyers may work in a company's legal department, in the administrative department, as an assistant at a law firm, or engage in consulting or training activities. However, they are not subject to professional self-governance, are not subject to the statutory duty of professional secrecy similar to that of attorneys, and are not covered by the mandatory civil liability insurance required of attorneys.
Who is a lawyer and how to become one?
The legal profession is regulated By the Law of May 26, 1982 – the Law on Advocacy . According to Article 4, Section 1, the profession of lawyer includes the provision of legal assistance, in particular, providing legal advice, preparing legal opinions, drafting legal acts, and appearing in courts and government agencies. Article 1, Section 4 states that the professional title of "lawyer" is subject to legal protection.
A person may be included in the list of lawyers (Article 65) who:
- has an impeccable reputation and guarantees the proper performance of professional duties.
- enjoys all public rights and has full legal capacity.
- completed higher legal education in Poland and received a Master's degree (or a higher education diploma recognized in Poland based on foreign studies).
- He received legal education in Poland and handed over bar exam .
The lawyer's internship starts on January 1st and lasts three years (Article 76, paragraph 1). Admission to the Bar is based on passing an entrance examination. Article 66 provides for exceptions: professors and habilitated doctors of law, former judges and prosecutors, legal advisers, notaries, and others may be admitted to the Bar without completing an internship or passing a qualification examination. The right to practice law arises upon inclusion in the register of lawyers maintained by the district bar association.
Lawyer and attorney are the most important differences in rights.
Representation of interests in court. In civil cases, Article 87 of the Civil Procedure Code lists individuals who may act as an attorney: primarily, an attorney or legal adviser, but also, among others, a spouse, siblings, descendants, or ancestors of a party, a co-participant in the dispute, or a person permanently managing the party's assets (in some cases, for example, a patent attorney). An unlicensed attorney is not included in this list as a professional attorney – they may represent interests only if they fall into one of the other categories, such as being a family member or an employee of the company involved in the dispute.
Defense in criminal cases. According to Article 82 of the Criminal Procedure Code, a defense attorney may only be a person authorized to defend in accordance with the provisions of the Bar Association or the Law on Legal Advisers. Since July 1, 2015, a defense attorney may be an attorney or legal adviser, but not an unlicensed lawyer.
Professional secret. Article 6 of the Law on Advocacy imposes on an advocate the obligation to maintain the confidentiality of all information received in connection with the provision of legal assistance, and this obligation cannot be limited in time.
Self-governance and accountability. The Bar Association is organized according to the principles of professional self-government (the Supreme Council of Bar Associations, bar associations, and disciplinary courts). Lawyers are subject to disciplinary action for violating the principles of ethics and professional dignity.
Form of practice. A lawyer practices in a law firm, legal practice, or partnership and—in accordance with Article 4b—may not practice while in an employment relationship (the exception applies, among other things, to employees engaged in research and teaching). An unlicensed lawyer may be a full-time employee.
Comparison table: lawyer, attorney, legal adviser
| Characteristic | Lawyer (Master of Laws) | Advocate | Legal consultant |
|---|---|---|---|
| Requirements | Study of law | Study + 3-year training + exam + inclusion in the list (with exceptions from Art. 66) | Study + training to become a legal adviser + exam + inclusion in the list |
| Protected property rights | NO | Yes | Yes |
| Lawyer in civil court | Only in the exceptions provided for in Article 87 of the Civil Procedure Code (for example, a family member). | Yes | Yes |
| Criminal defense lawyer | NO | Yes | Yes (since July 1, 2015) |
| Professional secrecy in accordance with the Law | NO | Yes, a lawyer. | Yes, legal advisor |
| Professional self-government | Flaw | National Bar Association (NRA, bar associations) | Self-government of legal advisers |
| Full-time work | Yes | No (with exceptions) | Yes |
Who should I contact: a lawyer or an attorney?
- Regardless of whether your case is pending in court or is already in progress , choose a lawyer or legal adviser. Only they act as professional representatives, and in some proceedings (for example, in the Supreme Court), their participation is mandatory.
- If you are a suspect or accused , your lawyer can only be a lawyer or legal adviser.
- Confidentiality must be maintained - a conversation with a lawyer is covered by attorney-client privilege.
- Simple legal information or help in writing a letter You can get it free of charge in your area (including from lawyers and legal advisers) or by contacting a lawyer, keeping in mind that he does not have the rights and obligations of a lawyer.
The status of a lawyer can be checked in National Register of Advocates and Trainees, maintained by the Supreme Council of Advocates. This is a simple way to ensure that the person using this title is actually authorized to practice law.
Frequently Asked Questions (FAQ)
Is every lawyer a lawyer?
Yes. A lawyer must graduate from law school to be considered a lawyer. The opposite is not true: a law school graduate who has not completed an internship, passed an exam, and been included in the registry is not a lawyer.
Can a lawyer represent my interests in court?
As a professional representative – no. In civil cases, a representative may be a lawyer or legal adviser, and, among other persons, only those specified in Article 87 of the Civil Procedure Code, such as the spouse, siblings, descendants, or ancestors of the party.
What is the difference between a lawyer and a legal consultant?
Today, the legal aid industry is very similar – both can represent clients in court and act as defense attorneys in criminal cases. Differences include, among other things, professional self-governance, an apprenticeship system, and the fact that legal advisors can work under an employment contract, while lawyers generally cannot.
How long does an internship with a lawyer last?
The internship for lawyers lasts three years and begins on January 1 of each year (Article 76, Section 1 of the Law on the Bar). It culminates in passing the bar exam.
Can a legal trainee appear in court?
Yes, to a limited extent. After six months of internship, a lawyer may represent the interests of another lawyer in courts and government bodies, with the exception of the Supreme Court, the Supreme Administrative Court, the Constitutional Tribunal, and the State Tribunal (Article 77).
See also
- What is the difference between a legal adviser and an attorney?
- What is the difference between a power of attorney and an official mandate?
- What is the difference between study and studies?
- What is the difference between a psychologist and a psychotherapist?