Hiding Behind The
BAR Why Attorneys Are Not Lawyers
“Within the U.S.
Corporation,” they're collectively called everything from "attorney"
to "lawyer" to "counselor." Are these terms truly
equivalent, or has the identity of one been mistaken for another?
What exactly is a
"Licensed BAR Attorney?" A credential accompanies every legal paper
produced by attorneys - along with a “STATE” BAR Certification number. The
credential is issued by the boards of law examiners, the applicant having
acquired a minimum competency in law. In most cases, the board is an
independent, self-financing, separately incorporated group of law
professionals, administered by the “state bar association,” a branch of the
American Bar Association, functioning in an advisory capacity to the supreme
court of each of the “STATE.” Simply stated, they are an advisory board of
recommendation to the court. The accreditation number is issued by the “state
bar association,” a “professional dues paying union.”
As we are about
to show you, an ‘attorney’ is not a ‘lawyer,’ yet the average American
improperly interchanges these words as if they represent the same occupation,
and the average American attorney unduly accepts the honor to be called
"lawyer" when he is not. In order to discern the difference, and
where we stand within the current court system, it’s necessary to examine the
British origins of our “U.S. courts” and the terminology that has been
established from the beginning. It's important to over-stand the proper lawful
definitions for the various titles we now give these “corporate court” related
occupations.
The legal
profession in the U.S. is directly derived from the British system. Even the
word "bar" is of British origin: BAR -- A particular portion of a
courtroom. Named from the space enclosed by two bars or rails, one of which
separated the judge's bench from the rest of the room; the other shut off both
the bench and the area for lawyers engaged in trials from the space allotted to
suitors, witnesses, and others. Such persons as appeared as speakers
(advocates, or counsel) before the court, were said to be "called to the
bar", that is, privileged so to appear, speak and otherwise serve in the
presence of the judges as "barristers." The corresponding phrase in the
United States is "admitted to the bar". - A Dictionary of Law (1893).
From the
definition of ‘BAR,’ the title and occupation of a "barrister" is
derived:
BARRISTER
defined: -- English law. A counselor admitted to plead at the bar. 2. Ouster
barrister, is one who pleads ouster or without the bar. 3. Inner barrister, a
sergeant or king's counsel who pleads within the bar. 4. Vacation barrister, a
counselor newly called to the bar, who is to attend for several long vacations
the exercise of the house. 5. Barristers are called apprentices, apprentitii ad
legem, being looked upon as learners, and not qualified until they obtain the
degree of sergeant. -- Edmund Plowden, the author of the Commentaries, a volume
of elaborate reports in the reigns of Edward VI., Mary, Philip and Mary, and
Elizabeth, describes himself as an apprentice of the common law. -- A Law
Dictionary by John Bouvier (Revised Sixth Edition, 1856).
BARRISTER
defined: n. [from BAR.] A counselor, learned in the laws, qualified and
admitted to pleas at the bar, and to take upon him the defense of clients;
answering to the advocate or licentiate of other countries. Anciently,
barristers were called, in England, apprentices of the law. Outer barristers
are pleaders without the bar, to distinguish them from inner barristers,
benchers or readers, who have been sometime admitted to pleas within the bar,
as the King’s Counsel are. -- Webster's 1828 Dictionary.
Overall, a
barrister is one who has the privilege to plead at the courtroom bar separating
the judicial from the non-judicial spectators. Currently, in U.S. “corporate
courts,” the inner bar between the bench (judge) and the outer bar no longer
exists, and the outer bar separates the attorneys (not lawyers) from the
spectator's gallery. This will be explained more as you read further. As with
the word ‘BAR,’ each commonly used word describing the various court officers
is derived directly from root words:
1). From the word
"solicit" is derived the name and occupation of a ‘solicitor’; one
who solicits or petitions an action in a court.
SOLICIT defined:
v.t. [Latin - solicito] 1. To ask with some degree of earnestness; to make
petition to; to apply to for obtaining something. This word implies earnestness
in seeking ... 2. To ask for with some degree of earnestness; to seek by
petition; as, to solicit an office; to solicit a favor. -- Webster's 1828
Dictionary.
2). From the word
"attorn" is derived the name and occupation of an ‘attorney;’ one who
transfers or assigns property, rights, title and allegiance to the owner of the
land.
ATTORN defined:
v. ME. [Origin French. atorner, aturner >assign, appoint, f. a-torner turn
v.] 1. v.t.Turn; change, transform; deck out. 2. v.tTurn over (goods, service,
allegiance, etc.) to another; transfer, assign. 3. >v.i. Transfer one’s
tenancy, or (arch.) homage or allegiance, to another; formally acknowledge such
transfer. attorn tenant (to) Law formally transfer one’s tenancy to), make
legal acknowledgement of tenancy ( to a new landlord) -- Oxford English
Dictionary 1999.
ATTORN defined:
v.i. [Latin ad and torno.] In the feudal law, to turn, or transfer homage and
service from one lord to another. This is the act of feudatories, vassels or
tenants, upon the alienation of the estate. -- Webster's 1828 Dictionary.
ATTORNMENT
defined: n. The act of a feudatory, vassal or tenant, by which he consents,
upon the alienation of an estate, to receive a new lord or superior, and
transfers to him his homage and service. -- Webster's 1828 Dictionary.
ATTORNMENT
defined: n. the transference of bailor status, tenancy, or (arch.) allegiance,
service, etc., to another; formal acknowledgement of such transfer: lme. --
Oxford English Dictionary 1999.
3). From
the word advocate comes the meaning of the occupation by the same name; one who
pleads or defends by argument in a court.
ADVOCATE defined:
v.t. [Latin advocatus, from advoco, to call for, to plead for; of ad and voco,
to call. See Vocal.] To plead in favor of; to defend by argument, before a
tribunal; to support or vindicate. -- Webster's 1828 Dictionary.
4). From the word
"counsel" is derived the name and occupation of a ‘counselor’ or
‘lawyer’; one who is learned in the law to give advice in a court of law;
COUNSEL defined:
v.t. [Latin. to consult; to ask, to assail.] 1. To give advice or deliberate
opinion to another for the government of his conduct; to advise. - Webster's
1828 Dictionary.
LAWYER defined: A
counselor; one learned in the law. -- A Law Dictionary by John Bouvier (Revised
Sixth Edition, 1856).
Although
modern usage tends to group all these descriptive occupational words as the
same, the fact is that they have different and distinctive meanings when used
within the context of court activities:
Solicitor -- one
who petitions (initiates) for another in a
court
Counselor -- one
who advises another concerning a court
matter
Lawyer -- [see
counselor] learned in the law to advise in a court
Barrister -- one
who is privileged to plead at the
bar
Advocate -- one
who pleads within the bar for a
defendant
Attorney -- one
who transfers or assigns, within the bar, another's rights and property acting
on behalf of the ruling crown (government)
It's very clear
that an attorney is not a lawyer. The lawyer is a learned counselor who
advises. The ruling “corporation” appoints an attorney as one who transfers a
tenant's rights, allegiance, and title to the landowner (“corporation”).
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