Before the enactment of the Law on Advocates, there were at least 5 professions in law firms, including the following.
Before the enactment of the Law on Advocates, there were at least 5 professions in law firms. The five professional terms have not been codified or separated, so they have different meanings.
The five professions include lawyers, advocates, legal consultants, attorneys, and legal advisers. Society is certainly no stranger to the profession. In the following, we explain each of the differences.
Various Professions in Law Firms
In a law firm, there are various professions that you need to know about. Among them are the following:
Lawyers are a profession with duties and roles as legal counsel during litigation or legal proceedings. The lawyer’s scope of work is limited to the area of the High Court where the person concerned is appointed.
As a profession in a law firm, lawyers must have sufficient experience so that they can be appointed as advocates. That way, being an advocate can work throughout the territory of the Republic of Indonesia.
Advocates have the duty and role of providing legal services, both inside and outside the court by fulfilling the requirements under the law. Advocates can work in all regions of Indonesia.
Therefore, one of the professions in this law firm is the only one who has permission to proceed in court, namely KTA (Advocate Member Card) and BAS (Documents of Oaths). There are at least 8 requirements to become an Advocate.
- Indonesian citizens and living in Indonesia
- Not having the status of a civil servant or official
- Minimum age 25 years
- Educational background Bachelor of Laws
- Pass the Advocate Organization exam
- Minimum 2 years internship in Advocate office
- Never been sentenced for committing a crime
- Good behavior, honesty, fair, responsible, have high integrity
The duty of a lawyer is to accompany or represent litigants in court, but usually, this task can be represented by an advocate. In another sense, attorneys are responsible for accompanying disputing parties in court.
Of course, this assistance must be based on an agreement with the litigant which is proven in a special power of attorney. It should be noted that the profession in this law firm is different from those who are litigating in a tax court.
The legal profession is an individual and has an official attorney permit from the Head of the Tax Court. In order to obtain the permit, it is obligatory to fulfill several requirements from the Tax Court.
As the name implies, legal consultants have the role of providing advice and carrying out non-litigation tasks. In trials before the court, this profession cannot represent its clients, so it is likened to a client’s legal partner.
However, as a legal partner, one of the professionals in this law firm must understand the legal journey of its clients. No wonder this profession is needed in every company. Actually, there are no special requirements to become a legal consultant.
The important thing is to have a law degree background. In addition, they must also have specific experience in certain areas of law. Legal consultants are also required to have sharp analysis of legal issues and conduct legal research.
The next profession in a law firm is a legal adviser with the task of providing assistance and or legal advice. It can take the form of an individual or a partnership. In the past, legal advisors were divided into 2 types:
- Advocate lawyers who have been appointed by the Minister of Justice then have permission to carry out legal practice activities anywhere.
- A practicing attorney who has obtained permission from the Head of the High Court to be able to practice law in the jurisdiction of the High Court concerned.
The five professions used to be in a container called a law firm. However, after the enactment of the Advocate Law, there is no longer any difference in terms regarding the five professions in the law firm.