In legal activity, the range of professions is very wide: lawyer, legal adviser, lawyer, prosecutor, judge, notary. So what do they have in common and how does a lawyer differ from a lawyer?
The common thing between a lawyer and a lawyer is that the activity of both is related to the provision of legal assistance to the client. The differences mainly consist in the fact that the legal profession is not regulated by special legislation, and, accordingly, there are no fixed requirements for it. For the professional activity of a lawyer, it is enough to have a legal education, no additional certifications are required. At the same time, in order to obtain a certificate of the right to practice law, a lawyer must, in addition to a higher legal education, also have at least two years of work experience in the field of law, pass a qualifying exam, undergo a special internship.
In contrast to the work of a lawyer, the activity of a lawyer is regulated by special legal acts. Thus, the law defines the list of duties of a lawyer, including: observance of the lawyer’s Oath and Rules of lawyer ethics, observance of lawyer’s secrecy, constant improvement of one’s professional level, prohibition to act to the detriment of the client’s interests, and others. A lawyer may be prosecuted for violation of the duties stipulated by law up to the deprivation of the right to engage in legal practice.
At the same time, a lawyer has a much larger set of tools for providing effective legal assistance, among which lawyer confidentiality and lawyer request can be singled out. Attorney secrecy guarantees confidentiality in the relationship between a client and a lawyer, because the law expressly prohibits demanding the disclosure of attorney secrecy by a lawyer and employees of his office.
A lawyer must conclude a separate confidentiality agreement with the client. But even such an agreement does not guarantee legal protection of information obtained by a lawyer who does not have the status of a lawyer in the course of his professional activity.
With the help of a lawyer’s request, a lawyer can additionally collect information necessary to provide legal assistance to a client, the law stipulates that the requirements of a lawyer’s request are mandatory for those to whom it is addressed and responsibility for ignoring it is established.
In order to obtain legal assistance, clients turn to both lawyers and advocates, but the legislation defines the scope of a lawyer’s activities more broadly.