2018-01-26 21:04:25 民商诉讼服务网
The Chinese word律师(lvshi in chinese pinyin) means a person who practices law.律in this term lvshi means legal, 师means master, someone who have so much knowledge or skills as to obtain a qualification certificate or been generally recognized. It is a term derived from 讼师, which means someone who provides relevant services to litigants. The commonly accepted English translation for lvshi is lawyer.
The current definition of “律师“ is gave in article 2 of Law Practice Act 2007: For the purpose of this law, a “lawyer” is someone who lawfully obtains practicing certificate and provides legal services for clients following authorization or designation(第二条 本法所称律师，是指依法取得律师执业证书，接受委托或者指定，为当事人提供法律服务的执业人员。) If a person only practices law in China, he will never trouble his mind over how to describe his career lvshi to others . In current Chinese law system, lvshi is a specific and clear terminology for those who privately practicing law, but how to explain what lvshi is for a foreigner is a complicated thing mainly due to two factors.
Firstly, it is really difficult to find a legal term in English bearing exact the same meaning as lvshi in Chinese. In practice, different country have its unique definition for law practitioners, many a time the same term has different meaning. We may take common law jurisdiction for example.
In England and Wales, "lawyer" is classified into barristers, solicitors and other lawyers, which Include registered foreign lawyers, patent attorneys, trade mark attorneys, licensed conveyancers, notaries public, commissioners for oaths, immigration advisers and claims management services.
In Scotland, the word "lawyer" refers to a more specific group of legally trained people. It specifically includes advocates and solicitors. In a generic sense, it may also include judges and law-trained support staff.
In Australia, the word "lawyer" is used to refer to both barristers and solicitors (whether in private practice or practicing as corporate in-house counsel).
In India, the term "lawyer" is often colloquially used, but the official term is "advocate" as prescribed under the Advocates Act, 1961
In the United States, the term generally refers to attorneys who may practice law. It is never used to refer to patent agents or paralegals.
There is something must be pointed out from the above setforth material, barristers and solicitors is included in the scope of lawyer, they are two kind of defferent lawyers, but they can be generally called lawyer.
In Chinese law system, a lawyer can practice the same business as patent attorneys, trade mark attorneys, licensed conveyancers, notaries public, but will never be called the same. There are intellectual property agents to practice as trademark and patent attorneys. And real estate agents work as licensed conveyancers. And notaries are not a kind of lawyer at all, which practice in notary agency which used to be subdivision of government. lvshi can’t be used to refer to notary public, they are entirely different thing, and a lawyer is not entitled to notarize something, he can only to witness something, but have no the same legal effectiveness as notarization.
Secondly, some similar but different term are employed by mistake.
Attorney at law or attorney-at-law, usually abbreviated in everyday speech to attorney, is the preferred term for a practicing lawyer in certain jurisdictions, including South Africa (for certain lawyers), Sri Lanka, and the United States. In Canada, it is used only in Quebec. The term was historically used in the jurisdictions of England and Wales, Northern Ireland, and the Republic of Ireland,which has been replaced by solicitor, but still appears in old statutes, in these jurisdictions.
an advocate is a professional in the field of law. Different countries' legal systems use the term with somewhat differing meanings. The broad equivalent in many English law-based jurisdictions could be a barrister or a solicitor. However, in Scottish, South African, Italian, French, Spanish, Portuguese, Scandinavian, Polish, South Asian and South American jurisdictions, advocate indicates a lawyer of superior classification.
Counselor at law, used interchangeably with "lawyer"
Generally, a lawyer is said to have been "admitted to the Bar" and become an "attorney at law"; some states still use the older term "attorney and counselor (or even spelled 'counsellor') at law", upon taking his or her oath of office.
So the safest way for a Chinese lawyer to introduce himself perhaps is to find out which country the clients come from, then choose the relevant legal term in that country. Lawyer even though broadly accepted but not precise shall be avoided as possible.