Difference between a barrister and a lawyer in Bangladesh
Advocates are those who hold a license from the Bar Council of Bangladesh, the statutory regulatory body, to engage in legal practice within Bangladesh. This entails representing clients in court and before judges. This requires a three-year LLB with honors from Bangladesh or another country, followed by an examination administered by the Bar Council every few years.
A barrister is an individual who has completed a specialized one-year program known as the Bar Vocational Studies/Barrister Training Course after earning a UK LLB with honours. This four-year program (recall that a barrister must possess a law degree from the United Kingdom, either earned in the United Kingdom or through external affiliated institutions in Bangladesh) is the defining characteristic.
In order to practise barrister in Bangladesh, one must still pass the examination established by the Bar Council. This is frequently challenging due to the fact that they have studied an entirely different curriculum and approach during their four years of law school. Consequently, the Barrister also assumes the role of an Advocate.
In other countries
Many law firms in Canada and US affix the titles “Barristers and Solicitors” to their business cards; however, this distinction holds little significance, as in Canada, as in the United States, an attorney is an attorney and all individuals are competent to perform both roles. It is largely a holdover from our British ancestry, where these are, despite the fact that they are both lawyers, two quite distinct roles. An individual retains the services of a solicitor to counsel them on matters pertaining to the administration of their legal affairs, including the drafting of contracts, wills, and so forth. If you had a problem that could end up in court, you would also consult a solicitor; however, the solicitor does not appear in court; that is the responsibility of a barrister. Therefore, in the United Kingdom, your attorney retains a barrister to argue your case before the judge.
“Legal counsel” simply refers to legal advice or the individual who makes it, which in the majority of jurisdictions constitutes “practicing law” and requires a license, i.e., to be a lawyer.
In this case, “lawyer” has at least two meanings. As stated previously, it typically refers to an individual who possesses a valid license to practise law, which encompasses barristers and solicitors alike. Nevertheless, I recollect the inaugural day pep talk delivered to my first-year law class, during which the professor exhorted us all to recognize that, despite being students at the time, we were all now considered members of the legal community. It was not that we were prepared to practice law in practice, but rather that we had the right to be heard and to engage in legal research, discussion, and debate as equals in this community.
What does Attorney Mean?
“Attorney” is an unusual name. I believe it is related to a verb that is rarely employed by non-attorneys: to attorn. A court’s authority to render a decision is acknowledged when an individual attorns to it. In Canada, the term “attorneys” is not commonly applied to lawyers, unless one is heavily exposed to American television. When you grant “power of attorney” (a written authorization to manage your property or legal rights on your behalf) in Canada, however, you appoint an attorney. That is to say, your attorney might be authorized to deposit checks into your bank account, provided that such authority was explicitly stated in your written power of attorney. (The scope of your power of attorney need not be exhaustive; you may stipulate a minimal or comprehensive amount.) A lawyer is not a prerequisite for acting as an attorney in this context.
Utilization would, nevertheless, logically cause the term to become associated with “attorney.” If you engage the services of an attorney to represent you in a legal matter, such as a real estate transaction, and they provide you with a signature form authorizing them to act as your attorney, it is reasonable to assume that the signature signifies the attorney’s status in the case. However, they are not synonymous. Furthermore, it becomes more comprehensible when one considers the expression “attorney-at-law,” which all but suggests the presence of attorneys-at-large, and the fact that a lawyer is typically authorized to handle certain aspects of a client’s legal affairs (such as entering a plea, albeit at the client’s direction).