02/12/2014
JUST TO REMOVE AMBIGUITY, FOR GENERAL PUBLIC ABOUT LEGAL PRACTITIONERS: On and Off, I have been asked for the differentiation of different designations/Nomenclature including Barrister (Bar-at-Law), Solicitor, Attorney-at-Law, Lawyer. Advocate, Attorney-General, Advocate-General, Prosecutor-General, State Council, Council at State Expense, Advocate-on-Record, Advocate District Bar, Advocate High Court, Advocate Supreme Court, Law-Clerk and Court-Associate. The general public and even the Legal professionals have not the exact defined answers to the above queries and may make good excuse to elaborate their jurisdiction, functions and responsibilities. Having perused the detail summery of the above mentioned terms, a simple attempt is made to define as follows: BARRISTER (Bar-at-Law): A legal professional/practitioner having membership/fellowship of UK Bar. Its neither a degree not a qualification but an hon-our for the fellow/lawyer of Common Wealth Countries. LLB is not a requirement for Bar-at-law in UK. A Barrister is entitled to appear before the courts of United Kingdom and its colonies, later known as Common Wealth Countries but this practice has been abandoned after 1949 and Bar-at-Law is an honor but it has no elemental aspect to become a lawyer but one has to fulfill the requirements of the local bar of the countries. In UK, Barrister can appear in courts of UK but they can not interact directly with parties/clients and they only put the arguments before the courts. 2) SOLICITOR: A Legal professional/practitioner in UK who makes and prepares legal cases including drafting and filing the petition/appeal. Only the Solicitor can interact the parties/clients directly but neither they can appear before the courts nor argue the cases although may present and interact with the court-staff. 3) ATTORNEY-AT-LAW: This term is used for a legal professional/practitioner in USA. A person who practices law at any forum is called, Attorney-at-Law, similar to the term "Advocate" used for legal practitioner in India and Pakistan. 4) LAWYER: A general term, globally used, for the person who practices law without specific forum/court including trial courts to the apex court/supreme court of any state. 5) ADVOCATE: A general term, used in India and Pakistan, for the person who practices law. The term is not confined for a specific forum/court but includes Magistrate courts/trial courts to the apex court/supreme court of India and Pakistan. 6) ATTORNEY-GENERAL: A person holding highest Law Office of a Federation, who represents Federation in the superior courts of a Federation, for example, Attorney-General for Pakistan. The Attorney General deals only the civil and constitutional matters and cannot represent Federation in criminal vases unless directed by the Courts to assist the Court meaning by playing a role of prosecution but that in cases when some constitutional post holder is trialed/proceeded against. 7) ADVOCATE-GENERAL: Equally a person who represents the Province/Federating Unit, in the superior courts including High Courts and Supreme Court, for example, Advocate-General, Punjab, KPK etc. The Advocate General deals only the civil and constitutional matters and cannot represent province in criminal cases unless directed by the Courts to assist the Court meaning by playing a role of prosecution but that in cases when some constitutional post holder is trialed/proceeded against. 8) PROSECUTOR-GENERAL: A person holding highest post of Prosecution Office of a Province, who represents province only in criminal cases before the superior courts, for example, Prosecutor-General, KPK etc. Similarly, the prosecution departments of each province has prosecutors at District and Sub-Divisional levels. There are also independent Prosecutors of Constitutional Authorities/Bureaus i.e. NAB, ANF etc. 8) STATE-COUNCIL: A legal practitioner especially appointed to represent Federation in superior courts in addition to the Additional and Deputy Attorney Generals. Occasionally, State Council are also appointed to represent federation in a particular case and once the cases decided its tenure comes to end. 9) Advocate District Bar: A legal practitioner who can appear before Districts Courts and equal forum. 10) Advocate High Court: A legal practitioner, who can appear before High Courts, Federal Shariat Court, Federal Service Tribunal, Tax Appellate Tribunals and equal forum. 11) Advocate Supreme Court: (10 years High Court Practice plus reported judgments) A legal practitioner who can appear before Supreme Court. 12) Advocate-on-Record: An Advocate Supreme Court having five years standing in Supreme Court may become an Advocate-on-Record who may draft and file the petition/appeal before Supreme Court. AOR shall direct interact with parties and the court offices; and Advocate Supreme Court only argue the case and does not interact with parties and Court Offices. 13) Law Clerk: A legal professional in USA who assist the Bench/judges in Court during the proceedings. 14) Court Associate: A legal professional/legal court staff in Pakistan, Supreme Court, who assist the Bench/judges during proceedings of the court.,,,,,,,Comments are welcome