The Duties of Attorney and Counselor at Law

Attorney and Counselor at Law

Attorney at Law and Counselor at Law are frequently used interchangeably, but they are not synonyms.
What is an Attorney at Law?
An attorney at law was "once used in the [English] common law courts in distinction from an attorney of the peace." (Black’s Law Dictionary 4th ed. 1957). The term arises from the Latin, ad to, and attornare, to turn over, and is defined as "one who is appointed by law and possesses full powers of attorney in the most comprehensive sense of such term." (Id.) "In modern use, an attorney at law is an officer of a court of justice, and retains the traditional powers of power of appointing a substitute, to assign over, and to appear for another, and represents his principal in all actions which may be brought." (Id.)
A lawyer becomes an attorney at law by becoming a member of the bar – passing the bar exam and then admitted to practice before the highest court in the state in which the lawyer seeks licensure. Once admitted, the lawyer is authorized to represent clients within the jurisdiction of the licensed court. Thus, the lawyer provides legal services to a client.
What is a Counselor at Law?
According to Black’s Law Dictionary , a counselor at law is "[a] person who renders counsel to another; an attorney; counsel; an advocate; a lawyer." (Black’s Law Dictionary 4th ed. 1957). The Black’s Law Dictionary definition gives no additional explanation about the difference between a counselor at law and an attorney.
The term counselor at law arose because attorney was considered to be an Americanism. Like attorney, counselor means adviser, but Black’s Law Dictionary indicates that the term differs because "counselor connotes an advisory capacity whereas an attorney denotes an agent or agency." (Id.)
A lawyer may act as both an attorney and a counselor, as "these terms are often used interchangeably." (Id.) However, a lawyer acting in an advisory capacity, i.e., counselor, is "at-law" because the lawyer is an officer of the court.
Conclusion
Based on the definitions above, it would seem that the difference between an attorney and counselor at law is largely historical. A counselor at law provides advice, while an attorney is an officer of the court. An attorney at law may render counsel, and a counselor at law may act as an attorney. Thus, the role of a counselor at law and attorney at law are sometimes used interchangeably, although historically, attorneys were officers of the court and counselors were merely giving counsel.

Origin of the Terms

The term "attorney at law" is derived from the Latin term, "attornatus" and the French phrase, "en attournement", meaning, literally, in the company of or to turn to another or in our modern language, to turn to another for advice. These terms go back to the English common law system. At that time, the lawyer was a representative for someone else or someone "still unable to speak in court". Today, the attorney at law is presently referred to as a lawyer, the one who has a license from the bar association to practice law in the particular jurisdiction.
It is interesting to note that before the Norman conquest in 1066 – the right to appear in court was limited to the king who appeared by a higher official on his behalf, called the "doctores" or doctors of law who were hired by the Crown to give the king legal advice. These officials defendant the king’s interests and hence did not represent plaintiffs or defendants in private matters. Replacement of the doctors in the 13th century was the "serjeant-at-law", an order of eminent lawyers who drew their members from the ranks of the itinerant judges, called the justices of the assizes. The judges virtually eliminated themselves from the king’s court and became judges of the common bench, so-called, where they had jurisdiction over all civil and criminal matters. In that court lawyers were admitted to represent defendants and plaintiffs. In the king’s court the lawyers were replaced by barristers who argued cases before the king’s judges, i.e., in the king’s court. In modern English law, the two terms "barrister" and "solicitor" are used. It is important to note that in the English courts the judge decides whether a matter is tried before a judge (i.e., the high court judge) or a jury (i.e., petty jury). In the higher courts lawyers are not allowed to question witnesses directly at trial.
The term "counselor at law" appears to have evolved in England in and around the 17th century and was started out as a newer form of representative for litigants in the common law courts. This term does not appear to be derived from "conselor en action" (French); on the other hand, it appeared that the term arose from the earlier use of the term "counselor’s assistant" in 1355 who helped litigants in the Court of Common Pleas.
As stated above the term "attorney at law" has only been in use since the 16th century. The change from lawyer to attorney at law may have had something to do with the development of the council of lawyers which began in the 1300s. The council had altogether too much power and became a court unto itself.
In the United States we adopted the term "attorney at law" from the English colonial system where it was used to describe the person who practiced before the courts. In most state courts in the U.S., once you are admitted you are licensed to practice before all courts within that state, federal courts in that state, the U.S. Supreme Court, and in some states, administrative agencies.

Educational Standards

To become an attorney and counselor at law, one must meet several educational and professional requirements. The journey most often begins with a four-year college degree in any field of study, which is still a prerequisite for entry to most, if not all, law schools. There are no specific law school admission requirements that were found to be a factor in the attorney or counselor at law title.
Most American Bar Association (ABA)-accredited law schools require that students take and get relatively high scores on the Law School Admission Test (LSAT). LSAT minimum score requirements vary by ABA institution. Those seeking a law school education should contact their institutions directly to determine which exams are acceptable for admission. An ABA law school education typically takes three years to complete.
All states and jurisdictions require that all persons (unless otherwise exempted) who wish to practice law within their boundaries pass their corresponding bar examinations administered by a state authority or court. Applicants for bar admission must pass the Multistate Professional Responsibility Examination unless otherwise exempted from taking the exam in a particular jurisdiction. The exam requirements for the attorney and counselor at law, however, may differ by jurisdiction.
Generally, successful completion of a state’s bar exam may qualify an applicant for employment as an attorney and counselor at law in such state. Applicants who seek to practice law in multiple states may need to take additional bar exams, for example, a state may not allow admission based on an applicant’s admission to practice in another state and additional bar examinations may also be required for federal district courts. Further information on the scope of practice for an attorney and counselor at law is listed in the "Licensing Requirements" section of this page. Some jurisdictions allow admission to the bar without requiring that applicants take or pass state bar examinations.

Professional Functions

The terms "attorney" and "counselor at law" refer to the same legal role. Both are employed to describe a person licensed to represent clients, formally known in the court system as "counsel for the plaintiff or defense." In the Rhode Island court system this term appears for example on the court website, one through which pro se litigants can make a "notice of disciplinary action," by also indicating the "counsel for defendant" that will be served. The two words often appear together, as per the title of this blog.
The general legal roles and responsibilities of attorneys and counselors at law include representing clients in court, by preparing legal statements. Strategies are developed by attorneys, with respect to the best tactics to adopt during litigation, including recommendations for drafting and making various motions. Attorneys also advise clients on resolution of their disputes. They may serve as advocates for a client’s position, and at times, act as mediators to settle a case out of court. The Federal Rules of Civil Procedure which govern civil litigation in US District Courts sets out the "General ProvisionsApplicable toRules 26-37," which outline the general responsibilities of attorneys at law. In Rhode Island, the Supreme Court Rule 9, 1 provides general directions, as to the roles of attorneys at law.

Selecting an Attorney or Counselor

When selecting an attorney or counselor at law, a person should consider important factors such as the experience and specialization of the individual. You can ask your friends for recommendations but beware that most people only have knowledge of lawyers representing their interests for example those who prosecute or defend criminal charges. If you are involved in a civil litigation, you must seek counsel who specializes in the areas that you require. Commercial lawyers mostly practice as opposed to litigating over real property or tort cases. Estate litigation is another specialty entirely as are juvenile or family law issues. The choice of an attorney is therefore an important factor in determining how your case may eventually resolve itself. If you are going to spend several hundred dollars per hour, has your lawyer the knowledge and experience in the area of law with which your matter involves? The best way to find out is to ask other legal professionals or those who work with the area for a recommendation.
There is absolutely no substitute for experience. You should check the background of the attorney, how long he or she has been in practice, what is their reputation, have they ever been disciplined for misconduct, do they have the respect of their peers? The best advertisement for any lawyer is the one made involuntarily by their fellow lawyers . There can be no better reference than being awarded the respect of your colleagues.
You should make your questions to prospective counsel either by phone or letter so that at your first interview you have the benefit of their response to your issues. Of course, some questions require an individualized or specialized answer that cannot be made until after the lawyer reviews your papers, but many can be responded to readily.
The same holds true for fees, charge per hour or flat fee, retainer at the start and then billings against the retainer or monthly statements with a balance outstanding. An experienced lawyer will know without questions the charge for any particular service. He or she will know the need to spend certain time on your behalf and is able to predict the probable cost to conclude a matter.
A further consideration is the personality or character of the attorney. Obviously, if at the first meeting you find him or her not to your liking, then you must seek other counsel. Often it is difficult to find another firm or lawyer willing to take over from your current counsel who may be continuing to handle the case. Nevertheless, you must be at ease with your counsel and confident that the effort on your behalf is in good hands.

Code of Ethics

Just as licensed mental health counselors must follow certain standards and codes of ethics in their field, attorneys and counselors at law have their own set of ethical obligations to their clients and to the court. The American Bar Association adopted Model Rules of Professional Conduct that attorneys are expected to adhere to which includes their duty to represent the and act in the best interest of the client, implement a "no conflict of interest" policy, maintain fees that are reasonable, and safeguard client confidences and secrets to preserve the attorney-client privilege. How these ethical rules are applied to the attorney-clients relationship can vary from state to state, but in California, for example, attorneys also must comply with the California Rules of Professional Conduct. Further, attorneys who represent children in divorce and family law cases must also follow standards specifically applicable to minors as set forth in CA Family Code section 3150, et seq.

Effects of Technology

The digital age has significantly altered the landscape for attorneys and counselors. Traditional practices of the past centuries, while remaining in force to some degree today, are being replaced and augmented by technological alternatives. Once upon a time, legal research was labor-intensive and arduous. Now, legal research is at the fingertips of an attorney. Legal software as well as subscription-based online research tools have become the norm for attorneys across the country. New lawyers are expected to walk into a law office with the latest computer software designed for their practice area set up and in operation . In many instances, clients also expect attorneys to possess working knowledge of software and emerging technologies relevant to the matter being discussed – be it a video camera or social media platforms. Technology has radically changed the way invoice payments are processed. Electronic billing and credit card processing, both by mail and online, are commonplace. Clients simply expect these technologies to be in place as they are far more convenient than cutting a check or paying by cash. Invoice payments through automatic bank drafts and apps like PayPal are also expected.