Today, legal advisers and attorneys have virtually the same powers—both provide advice, draft documents, and represent clients in court, including in criminal cases—but the most important difference is that attorneys can work full-time, while paralegals cannot. They also differ in the laws under which they operate, their professional associations, internships, and even the color of the ruffles on their robes. We'll explain what this means in practice for clients.
To sum it up
- Lawyer can carry out his professional activities on the basis of an employment contract, advocate – as a rule, no (exception: scientific and teaching work).
- С July 1, 2015 A legal adviser may act as a criminal defense attorney, but only if he or she is not in an employment relationship.
- Legal consultants are uniting in self-governing body of legal advisers (National Chamber of Legal Advisers), and lawyers - to the bar association (Supreme Council of Advocates).
- In the courtroom you will recognize them by their robes: the lawyer's - green frill, the adviser has - blue .
Legal consultant and lawyer are the legal basis of both professions.
Both professions are professions requiring public trust , but are regulated by different laws. The profession of lawyer is defined by the Law of May 26, 1982, Law on the Bar Association , and the profession of legal adviser - by the Law of July 6, 1982 about legal advisers . Each profession has a separate professional self-government body, which maintains membership lists, organizes training, adopts a code of ethics, and conducts disciplinary proceedings.
Poland is one of the few European countries where two such similar legal professions coexist. The idea of merging them into a single corporation has been the subject of ongoing public debate for many years, but currently the two professions function separately.
Differences in Authority – Can a Legal Advisor Be a Defense Attorney?
For a long time the key difference was in criminal cases : the accused could only be represented by a lawyer. The situation changed. July 1, 2015 , when lawyers were given the opportunity to act as defense attorneys in criminal cases.
There is, however, one condition. The Law on Legal Advisers only allows a legal adviser to defend a client if they practice under a civil law contract, in their own law firm or in partnership, and is not in an employment relationship . A full-time legal consultant (for example, in a company or government agency) cannot act as a defense attorney unless he or she is a research fellow or an employee engaged in research and teaching.
In other matters – civil, family (including divorce), commercial, labor, administrative or tax – legal consultants and attorneys in practice have the same opportunities to act as attorneys.
Forms of professional practice: work for hire or own law firm.
This is the most important formal distinction today. Lawyer may engage in the following activities:
- within the framework of an employment relationship (for example, as a consultant in an office, company or bank),
- on the basis of a civil law contract,
- in the legal adviser's office
- in a company (civil partnership, general partnership, professional partnership, limited partnership or limited liability company) that meets the requirements of the Law.
According to the Law on Advocacy, advocate May not practice law while in an employment relationship. This prohibition does not apply to employees engaged in research or teaching. Therefore, lawyers work in separate law firms, legal groups, or partnerships, including partnerships with legal counsel.
In practical terms, this means that a company that wants to have an in-house lawyer can hire a legal consultant, but not an attorney.
Comparison Chart: Legal Advisor vs. Attorney
| Characteristic | Legal consultant | Advocate |
|---|---|---|
| Legal basis | Act in relation to legal advisers | Advocacy law |
| Professional self-government | National Chamber of Legal Advisers and regional chambers | Advocacy: Supreme Council of Advocates and Advocates' Associations. |
| Full-time work | Acceptable | Prohibited (except for research and teaching purposes). |
| Criminal defense | Yes, from July 1, 2015, if the employee does not work full-time. | Yes |
| Civil, family and economic issues | Yes | Yes |
| Application | Training of legal advisers, exam for legal advisers | Training to become a lawyer (3 years), passing the exam to obtain a lawyer's license. |
| Court clothing | Toga with blue frill | Toga with green frill |
How to become a legal consultant or attorney?
The path is very similar. After completing a legal education, the candidate takes an entrance exam and completes an internship—either as a legal adviser , or as a lawyer . The internship lasts three years. At the end, a professional exam is taken; the exams for legal advisers and attorneys are held simultaneously and in a similar manner. Legal specialties also offer opportunities for entry into the profession without an internship, for example, for doctors of law or individuals with relevant professional experience.
Transfer from one profession to another is possible – a legal adviser can apply for inclusion in the register of lawyers and vice versa, in accordance with the conditions specified in the laws.
Legal consultant or lawyer – who to choose?
- Criminal or tax case: You can choose a lawyer or legal consultant in private practice. Make sure the lawyer is independent and has experience in criminal cases.
- Divorce, alimony, inheritance, compensation, disputes with employers: Professional qualifications are not important – what is important is specialization and experience in similar matters.
- Permanent employment with the company: If you want to hire a lawyer for an employment contract, this is only possible if you engage a legal consultant.
- Qualification check: The presence of legal advisers or attorneys on the list can be checked in search engines operated by professional associations.
Both professional groups are related professional secret , a code of ethics and mandatory civil liability insurance, so the client is equally protected.
Frequently Asked Questions (FAQ)
Can a legal consultant handle a divorce case?
Yes. A legal consultant can represent a client in family matters, including divorce, alimony, and child custody, under the same conditions as a lawyer.
Can a legal advisor act as a defense attorney in a criminal case?
Yes, from July 1, 2015. The condition is that the legal adviser is not in an employment relationship – that is, he or she carries out his or her activities in his or her own law firm, in a company, or on the basis of a civil law contract.
Who holds a higher position - a lawyer or a legal adviser?
Neither of these professions is "higher in status." They are two equal professions, both requiring public trust, with virtually identical qualifications. They differ primarily in the availability of full-time employment and their affiliation with different local governments.
How to distinguish a lawyer from a legal consultant in court?
After the gown. A lawyer wears a gown with a green jabot and green lapels, and a legal consultant wears a gown with blue (dark blue) lapels.
Can a lawyer work full time?
Generally, no. The Law on Advocacy prohibits individuals in employment relationships from practicing law. The exception is research and teaching staff, such as university professors.
See also
- What is the difference between a lawyer and an attorney?
- What is the difference between a first-level and a second-level vocational school?
- What is the difference between study and studies?
- What is the difference between a power of attorney and an official mandate?