Friday, March 1, 2024
HomeBusinessBasic Differences Between Litigator, Counsel, And Attorney? Must know

Basic Differences Between Litigator, Counsel, And Attorney? Must know

Do you think that all litigators, attorneys, and lawyers have the same job role? Do you believe that every litigator has the license to practice law in court?

Well, you are wrong. There are minor differences between a lawyer, an attorney, and a counsel.

That is why law students often get confused about what to become after graduation between attorney vs lawyer.

Law students and clients often get confused about whom to hire when they have a legal problem. It is best to keep in mind that a litigator, a counsel, and an attorney have different job roles. That’s why you must understand their basic differences. So, without further ado, let’s get started on the attorney vs lawyer vs counsel debate.

Litigator Definition

A litigator is also known as a trial lawyer. It is a sort of lawyer that handles the civil litigation process. Litigation is the process of bringing legal action against another individual, group, or company to resolve a disagreement. Litigators can represent either plaintiffs or defendants and spend time in court defending their clients.

Investigations, trials, settlements, appeals, and other steps may be included in the process. Although not all disputes wind up in court, a litigator is well equipped to handle this legal process if it becomes necessary. If you want to know about the longest sentence ever, a litigator is the best person to contact.

You May Read: Why is this the Perfect Time to Do an Online MBA?

Counsel Definition

A counsel is typically known as a lawyer. It’s a term that’s regularly used to describe a lawyer who only works for one firm or agency. A counsel is a person who has received legal education and has completed law school. They can give legal advice to others, but they can’t represent clients in court because they haven’t taken the bar exam.

While studying for the bar exam, some counsels work as paralegals to get experience in a law firm atmosphere. Others opt to work as a government advisor or consultant instead of becoming an attorney and avoid taking the bar test.

Attorney Definition

In the United States, an attorney refers to a lawyer who practices in both federal and state courts. Unlike the barrister/solicitor systems abroad, attorneys in the United States can practice any form of law. An attorney is a lawyer who has completed law school and passed the bar exam in the state where they practice.

An attorney can act as a legal representative for their clients in a court of law. An attorney’s other responsibilities include interpreting federal and state laws, applying their legal expertise to their client’s needs, and keeping meticulous records of their dealings with clients and other legal experts.

What Does A Litigator Do?

When legal concerns are brought before the courts, litigators are hired to represent them because they are experts in courtroom advocacy and trial preparation. Rather than working for a law company, litigators frequently practice as self-employed or solo practitioners. As a result, individuals are often responsible for finding jobs on their own.

Litigators typically create and maintain a client base by cultivating professional connections with solicitors and law firms, and they may be retained on behalf of clients by solicitors.

Because they specialize in the legal system, including arbitration, mediation, and administrative tribunals. This can include drafting pleadings, attending discovery examinations, preparing for hearings, and advocating.

What Does A Counsel Do?

Counsels are usually experts in one or a few areas of law when it comes to giving advice. Lawyers typically address presenting viable solutions to a client’s legal difficulties.

They also advise a client on choices that may have legal repercussions and explain legal issues and the selection of available options. Due to a counsel’s efforts, the client may make a good decision while providing legal advice.

When counsels represent clients, they do so because they require a professional with specialized legal expertise that they are unlikely to possess. As counsel cannot represent someone until he has been given the authority, the client must make the decision. In most cases, a counsel represents a client in negotiations with opposing parties.

What Does An Attorney Do?

Attorneys provide continuous litigation advice to clients or explain legal issues they may be facing or are concerned about. Attorneys also investigate the facts and evidence in cases, such as police records, accident reports, or earlier pleadings, as well as the applicable law.

They interpret case law and judgments issued by other relevant courts. This may entail examining the effects of various factors that may have played a role in previous occurrences. If you want to know what is a letter of agreement, you should contact your attorney.

They also develop case strategies for their clients, such as resolving disputes early and cost-effectively rather than going to trial. Apart from that, attorneys prepare contracts, deeds, and wills, as well as pleadings, and orally defend a client’s rights and best interests in court before a judge or jury.

Attorney Vs Lawyer Vs Counsel-Differences

EducationTo become a litigator, one has to take admission into law school and obtain a bachelor’s degree. After that, they have to take the LSAT exam approved by LSAC, and after three years of studying, they will get the JD degree.To become a legal counsel, one has to have a bachelor’s degree from law school. After that, the person has to have a master’s degree besides some supervised post-graduate experience.The educational requirements to become an attorney and a litigator are the same. They also have to have a bachelor’s degree and then pass the LSAT exam. So, it takes them a total of 7 years to become an attorney.
LicensureThe litigator has to be a graduate of the ABA-approved program to be eligible for the bar exam. After they pass the bar exam, they get their license to practice as a litigator.One has to be a licensed attorney in a foreign country before taking the bar exam and becoming a counsel. In addition, they have to pass the New York Bar Exam to get a legal license to practice law in the U.S.A.Once the attorneys pass the LSAT, they acquire a J.D. degree. After that, they take the MPR exam and pass the bar exam to get their practice license as an attorney.
Job RolesLitigators mainly represent clients in civil lawsuits. They handle the process of taking legal action against another individual to resolve disputes.Counsels mainly provide legal advice to upper management of a company, handle business risks, control internal threats, and ensure compliance with the law.An attorney at law conducts legal research, prepares legal documents for clients, and argues on their behalf in court.
SpecializationTheir specialization includes criminal procedures, evidence, trial advocacy,  juvenile law, federal law, intellectual property law, class action law, and discrimination law.Business law, admiralty law, constitutional law, health care law, intellectual property law, environmental law, and patent law are specializations.Family law, corporate law, tax law, criminal law, immigration law, estate law, and bankruptcy law are some of the specializations of attorneys.

Putting It All Together

It is impossible to be aware of all of its laws, especially when new laws are passed daily. Whether a person chooses to practice as a litigator, counsel, or attorney, their obligations can include a wide range of tasks, and they may differ based on the type of law they practice.

So, you can’t possibly think that an attorney vs lawyers are the same. Therefore, by getting your J.D. degree, you get to choose do you want to practice law. But, each one of these fields includes taking care of your clients, so choose the best profession accordingly.

More from MoneyVisual

Recent Posts

Most Popular

Educational Topics