Even though it might seem like one can put an equal mark between the professions of an attorney and an advocate, this is not actually the case. When looking for legal assistance it is important to understand the most important differences between an attorney and an advocate, as well as the rights and the duties associated with these professions.
An attorney is a specialist with a degree in law who is entitled to provide legal assistance, draft legal documents, and represent the legal interests of individuals and entities in certain types of courts.
Like an attorney, an advocate is a specialist with a degree in law. An advocate is an independent professional attorney who is appointed as a sworn advocate or assistant sworn advocate, in accordance with the Advocacy Law of the Republic of Latvia. An advocate provides legal assistance by protecting and representing the legitimate interests of their clients in court and during pre-trial investigations, by providing legal advice, preparing legal documents and performing other activities of a legal nature.
The most significant differences between an advocate and an attorney are in their duties, powers and responsibilities:
- Unlike attorneys, advocates are part of the justice system. The rights and duties of advocates are governed by the Advocacy Law of the Republic of Latvia, as well as other laws and regulations. The work of advocates is supervised by the Latvian Collegium of Sworn Advocates;
- Advocates may become subject to disciplinary action, and must comply with the Latvian Sworn Advocates Code of Ethics and other laws and regulations governing the professional activities of advocates, guaranteeing their independence, reliability and confidentiality;
- Like advocates, attorneys can provide various types of legal assistance as part of their professional activities; however, in certain matters, these are limited: for example, only advocates may represent parties in criminal proceedings, or in civil proceedings in appellate courts, and the law does not provide attorneys with this power;
- If a person wins a court case, and their legal assistance was provided by a sworn advocate, that person is entitled to recover the costs incurred as part of the provision of the advocate’s legal services during the court proceedings from the losing side. In court proceedings where legal assistance is provided by an attorney, no compensation can be recovered for that legal assistance.
As already mentioned, advocates are professional attorneys who provide legal assistance. The duties and powers of advocates are strictly regulated by law, and compliance is supervised by the Latvian Council of Sworn Advocates. Attorneys also provide legal services; however, their obligations towards their clients (including compliance with any confidentiality obligations) are not supervised by any official body specifically intended for that purpose. This is why we recommend taking the above into account before seeking legal assistance, and finding out right from the start what legal assistance is needed in your situation, and what legal specialists can provide it.
