Lawyer Vs Judge- Differences Between Them

Lawyer Vs Judge

Law and order are some of the cornerstones of civil society. Society will end up in chaos without the presence of law and order. Ideally, law and order are meant to prevent, correct wrongs and mistakes, maintain political stability and social authority, and provide justice to the common person. The roles of the judge and the lawyer are some of the most prominent roles in the justice system. Here is the topic- Lawyer Vs Judge.

The roles of the lawyer and judge are by and large the same in most countries, but all countries have some differences. Overall, the key difference between a judge and a lawyer is that a judge is a person who presides over legal proceedings and the law in general. In contrast, a lawyer is a person who pleads in front of the judge and practices law. Through this article, you will understand the roles and differences between a judge and a lawyer through a tabular form and descriptively. 

Tabular Difference Between a Judge and Lawyer

LawyerJudge
Also Called asCounsel, Solicitor or Attorney (based on the country and situation)Magistrate or Justice
DescriptionA person who has passed the country’s bar exam and practices lawA person who presides over legal proceedings or, more specifically, court proceedings
RolePlays an advisory and representative role to the client and defends the client in different legal mattersProtects the law by listening to the witness statements and the evidence produced. The judge also must assess the reliability and credibility of the evidence produced and finally issue a ruling on the issues at hand based on the judge’s interpretation of the law
EducationYou must attend law school and pass a specific bar exam to be qualified as a lawyerMust have all the qualifications of a lawyer but must also have sufficient experience as a lawyer

Lawyer

Lawyers worldwide take up multiple roles and names to fulfill the ultimate role of advising and representing their clients. A lawyer can be an attorney-at-law, bar-at-law, civil law notary, counselor, legal executive, solicitor, barrister, etc., depending on the country that the lawyer is practicing in. It must be kept in mind that a paralegal and a charter executive summary cannot be termed a lawyer. 

As a lawyer, you would have to practically apply abstract legal theories and the knowledge you have developed to solve intricate legal problems that can purely function based on the law or the circumstances and facts behind the particular situation. Mostly they advance the interests of the people who hire them and try to benefit them. Different legal jurisdictions have varied roles for lawyers. In the United States, the term lawyer is generally referred to as an attorney who may practice law. The term is never used about patent agents or paralegals. Statutory and legal restrictions have been imposed on non-lawyers such as paralegals practicing law.

When we look at it specifically in the United States, an attorney at law is a person who is legally qualified to defend and prosecute a client’s actions on a specified retainer of the client. In some situations, they are also called counselors or counselors-at-law. A clear distinction between lawyers in many common law jurisdictions and the United States is that the United States does not differentiate between lawyers who practice in court and lawyers who don’t. In England, roles such as barristers and solicitors exist, which differentiate the stature of the lawyer. Attorneys in the United States might be addressed with the abbreviation or post-nominal letter “Esq.” which is short for Esquire. 

Many American attorneys tend to restrict their field of expertise and practice to a single, specialized area of law. Some of the examples are:

  • In-house counsel v. Outside Counsel- these designations are assigned to attorneys practicing law firms and corporate legal departments. 
  • Plaintiff v. Defendant- this designation is applied to those who indulge in civil cases. Some attorneys specialize in either one of the designations, while others take up both designations based on the situation. 
  • Transactional Attorneys v. Litigators- this differentiation is based on the appearances which these attorneys make in court.  Transactional attorneys are those attorneys who draft documents, advise clients but rarely ever argue in court. On the other hand, litigators advise clients specifically on legal disputes in court and out of court. They indulge in arbitrations, lawsuits, and settlements that require negotiation. 
  • Trial Attorneys v. Appellate Attorneys- trial attorneys specialize in representing clients in criminal cases for their trials and depend more upon factual circumstances than the interpretation and application of the law. An appellate attorney argues more on legal aspects than facts. 

Judge

Across the United States, a judge is generally referred to as “Your Honor” or “Judgewhen the judge presides over a court of law. It is, however, varied across different states. In the Superior Court of Los Angeles County (the largest unified trial court in the United States), judges only have to be addressed as “Your Honor” and nothing else. However, in most other states and jurisdictions, it is pretty standard for judges to be addressed as “Judge” or “Judge (their name)”.

Judges have a hierarchy and at the top are the judges sitting in the Supreme court of the United States. Judges are often called “Justices” in the Supreme Court. The Chief Justice of the United States is specifically addressed as “Mr. or Madam Chief Justice”.  They can also be addressed as “Chief Justice (their name)”. Judges in the Supreme Courts of each state are also referred to in the same way. 

In the United States, judges preside over the legal proceedings and give their verdict at the end of the proceedings. In criminal proceedings, the United States follows the Jury system, and so the verdict is pronounced by the Jury, while the judge gives the final sentencing. There are multiple other types of judges in the United States who specialize in particular fields of law, such as arbitrators, administrative law judges, non-lawyer judges, etc. 

Conclusion

Lawyers and judges are required to be very skilled to uphold the laws of a nation. They are ultimately connected as a person generally becomes a judge only after gaining experience as a lawyer. A judge must have a higher level of integrity and unbiasedness to fulfill their professions, while lawyers must be skilled enough to exploit loopholes in the law to benefit their client. 

Frequently Asked Questions

  1. What is the key difference between a lawyer and a judge?

The key difference between a judge and a lawyer is that a judge is a person who presides over legal proceedings and the law in general, while a lawyer is a person who pleads in front of the judge and practices law.

  1. What are the required qualifications to become a judge?

You must attend law school and pass a specific bar exam to be qualified as a lawyer, after which you must gain some experience. After gaining sufficient experience, a person becomes qualified to be a judge. 

  1. What is the system followed in the criminal trial courts of the United States?

The United States follows the jury system in which a specific number of ordinary people with good education and decent qualifications become jurors and collectively give the verdict for a case. The final sentencing is ultimately done by the judge presiding over the court of law. 

Lawyer Vs Judge- Differences Between Them

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