Lawyers and attorneys / Anwälte, vor allem in Kanada

Aus Stephan Handschug, Einführung in das kanadische Recht:

In Kanada … hat diese Unterscheidung [zwischen Barrister und Solicitor] nur noch historische Bedeutung. Zwar findet sich die Differenzierung nach wie vor auf den Briefköpfen der meisten Anwaltskanzleien wieder. Dies hat allerdings vor allem traditionellen Gründe, da jedes Mitglied einer Rechtsanwaltskammer der jeweiligen Provinz sowohl die Tätigkeit eines Barristers als auch diejenige eines Solicitors ohne Einschränkungen wahrnehmen darf.

Recently, on a mailing list, a translator who rarely does legal texts asked the meaning of ‘have your signature witnessed by a lawyer or attorney or member of the town council’ (that wasn’t an exact quote). She knew there are two kinds of lawyers in England and Wales and wondered if these were them.

I don’t think I will now define all these terms: lawyer, attorney, barrister, solicitor, advocate, jurist, paralegal, legal executive and what have you.

Suffice it to say that the English division between barristers and solicitors (‘the divided legal profession’) was followed by some former colonies. Some didn’t follow it, some dropped it.

In Canada, there is now no distinction, but all lawyers can call themselves ‘barrister and solicitor’ - I’ve even seen ‘barrister, solicitor and attorney’. This is really confusing. So now I’ve found a picture of one and would like to link it as a reminder. It comes from the weblog of a Canadian lawyer the daily snivel (admirable cat content in the latest entry). Here it is, entitled Barrister and Solicitor.

I’m pictured above in my legal robes, which are required court attire in the Superior Court and every appeal court, and you can’t be Called to the Bar without them. While some people simply borrow or rent theirs, I know I’ll be needing them sooner or later, and I wouldn’t feel like a proper lawyer if I didn’t have them ready for an unexpected trip to the Supreme Court (as happened to one of my mentors within a week of his first being Called). They cost me $500, all told, but I think they’re worth every penny scrimped and borrowed to afford them.