Attorney, lawyer, barrister和solicitor有什么区别

         可能没有哪个职业的抬头会像‘律师’这样分得这么细。在法律英语中,Attorney, lawyer, barrister和solicitor这几个词被使用的比较频繁,有时候它们之间甚至可以互换。不过这些词每个都有自己独特的含义。

         1. Attorney或者attorney-at-law, 中文意思是律师或者法律代理人。是指可以接受当事人的委托并有资格在法庭上代表委托人,并以委托人的名义参与案件的申辩。

         2. Lawyer, 这个词我们都是直接把它译成‘律师’,它的定义是指受过专门的法律培训,在法律事务上提供法律建议和帮助的人。因为lawyer可以在法庭审理程序中参与诉讼,并且在各个不同的审理阶段代表客户。所以lawyer一词超出且覆盖了attorney的含义。在美国,lawyer和attorney这两个词被认为是同义词。

         3.  barrister和solicitor的区别 在英国和在香港,律师的抬头就更加细分了。律师分为两种,solicitor是普通事物律师或简称为律师,其职责大体上是处理各种法律文书,接受各种诉讼委托,准备庭审所需的各种文件,其出庭的发言权是受到限制的;只有所谓的大律师或大状(barrister)才在所有法院享有不受限制的出庭发言权,可在庭上与原告律师或控方(the Prosecution/prosecutors)唇枪舌剑,展开辩护(advocacy),但他们不能直接与讼人/当事人接触。市民有意聘用大律师要先行与律师(solicitor)接触,搜集案件的证据和会晤证人等事,是由律师办理的。

attorney是检察官还是律师?

        attorney 在美语中常常指律师、代理人。如attorney at law 专指律师,attorney of record 是指记录在案的律师,attorney of the day 指值班律师。也许正由于这一原因,attorney 的另一个重要的意义“检察官”反而被忽视了。

        例句:

       The defendant has the right to an attorney . If the defendant cannot afford an attorney, and if the court declares the defendant to be indigent, the court will appoint an attorney for that person.

       译文:被告人有获得律师辩护权。如果被告人无力聘请律师,同时法院认定其为贫困被告人,则法院将为其指派一名律师。

        When a person appoints another to act on his behalf in litigation, he must submit to the people’s court a power of attorney bearing his signature or seal.

        译文:如果某人委托他人代为诉讼,其必须向人民法院提交由其签名或盖章的《授权委托书》。

        上述例句中attorney正是律师之意,美国常用attorney来指律师。而在英国,律师常被称为barrister(出庭律师)或solicitor(事务律师)。而attorney不仅指律师,还可以指检察官(prosecutor),因为从某种意义上讲,检察官被视为为政府工作的律师,因而“Attorney General”指总检察长。

         美国总统克林顿因为与白宫实习生莫尼卡发生绯闻事件而受到法律起诉时,报纸上常常出现某某联邦律师出庭指控或传讯总统之类的报道。当时很多人都感到纳闷,美国律师怎么有权出庭指控或传讯一位被认为犯了法的现任总统呢? 这位律师又是受了谁的委托? 难道是美国法律特殊? 后来才弄明白,原来是新闻稿中把attorney 一词译错了。原来指控和传讯克林顿的不是什么律师,而是联邦检察官。

         相关短语:

         right to an attorney 获得律师辩护权

         right to counsel 获得律师辩护权

         power of attorney 客户委托律师行使的代理权

         letter of attorney 代理授权书

         attorney letters 或 attorney opinion letter 或 letter 律师函

         attorney fees 律师费

         attorney ethics 律师职业道德

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