What is a lawyer?
A lawyer is a broad term in the legal profession that describes someone who graduated from law school and has a law degree. Lawyers are able to offer legal advice, consult on legal matters, and handle certain legal tasks. Lawyers are educated in law, thus their main responsibilities involve helping clients navigate legal issues in a lawful and ethical manner. Lawyers can work as legal consultants or advisors without becoming a licensed advocate.
What is an advocate?
An advocate, on the other hand, is a licensed legal professional that has the exclusive right to represent clients in court proceedings. Advocates complete a three-year traineeship after law school, usually working as a Judicial Assistant or a Junior Lawyer, to gain experience in legal practice. Advocates are then required to pass the bar exam in their relevant jurisdiction and register in the List of Advocates in the Czech Bar Association (ČAK). Once these requirements are satisfied, advocates are thus authorized to practice law and charge clients for paid legal services. Advocates are also insured under law in the event that harm is inflicted on the client in connection with the practice of law.
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What is the difference?
All advocates are lawyers, but not all lawyers are advocates. Both advocates and lawyers have a legal education and have sufficient knowledge to work in the legal profession. Advocates, however, obtain a specific professional status that allows them to represent clients before courts and authorities. Lawyers cannot represent clients, since they do not have the qualifications such as a three-year traineeship and successful passage of the Bar exam. For example, a corporate in-house counsel is a lawyer, not an advocate. A professional who is registered in the ČAK and is defending you in court is an advocate, not a lawyer. Advocates can provide paid legal advice, while lawyers can only provide unpaid legal advice.
One of the biggest differences between the two roles, however, is the obligation of confidentiality. Advocates are strictly bound by attorney-client privilege, which is governed by Act No. 85/1996 Coll., on the Legal Profession and the Internal rules of the Czech Bar Association. Advocates must keep information shared between themselves and their clients confidential, regardless of whether the relationship is ongoing. Advocates are thus bound by moral standards, as well as ethical and legal obligations. Lawyers, since they are not bound to the code of ethics stated in the ČAK, are not bound by the Bar-protected attorney-client privilege. They may, however, be bound by employment confidentiality duties as stated in their employment contracts. Since lawyers and other legal professionals are not bound to strict confidentiality, it may be best to contact an advocate if you are concerned about the details of your situation.
Tip for article
Conciliation is a quicker and cheaper way to end a dispute without a protracted court process. It allows the parties to agree on a solution that is acceptable to both of them, while at the same time gaining the certainty of a legally binding decision. Read more in our article.
How does this compare to the professions of other countries?
The distinction between the terms ‘lawyer’ and ‘advocate’ in the Czech Republic is similar to distinctions in the Anglo-American legal system, but some of the terms are different.
In the United States, a lawyer is a broad term that describes anyone with a law degree (Juris Doctor, or J.D.). This is the same as a lawyer in the Czech Republic, where they have obtained a degree but are not authorized to practice law or represent clients. An attorney, or an ‘attorney-at-law’, is equivalent to a Czech advocate. Attorneys have passed their state’s Bar examination and registered with the American Bar Association. From there, attorneys are licensed to practice law. They can represent clients, draft contracts, and provide paid legal services, among other activities.
In England and Wales, the comparison is not as straightforward as it is for the United States. A lawyer, again, is an informal and broad term to describe anyone with a legal background. This is the same as the Czech Republic. The role of an advocate, however, is split into two roles: solicitor and barrister. A solicitor is roughly comparable to an advocate, where they can advise clients, draft documents, and can sometimes represent clients in lower courts. A barrister, on the other hand, specializes in advocacy such as court representation and litigation strategy. Both roles must register with their respective regulatory bodies before being licensed to practice.
What about a notary – what do they do?
A notary is a lawyer that, after law school, gained five years of experience in a notary’s office, passed the notary exam and was appointed to a notary vacancy through a competitive process. Notaries are obligated to take an oath before the Minister of Justice and sign a liability insurance contract for damages that could occur through the activities of a notary. Notaries complete tasks such as drafting notarial records, certifying legal documents, and accepting documents for notarial custody. Work of notaries is mostly seen in wills, contracts, and meeting minutes, among other things. Notaries do not work directly with clients, therefore they remain impartial and independent of legal proceedings. They do not defend the interests of specific parties. Instead, they help to sustain the functional nature of legal relations.
Many English translations will translate ‘advokát’ to ‘lawyer’, making the distinction even more confusing for foreigners. However, the distinction between an advocate and a lawyer is crucial for understanding who can properly address your legal situation. Lawyers can be used for basic legal advice, but advocates are the best resource for complex circumstances and if you need to be represented in court. When deciding whether to contact a lawyer or an advocate, it is important to take into account your specific situation and use all relevant facts to make your final decision.
