Lawyers And Attorneys - The Differences And Similarities
A lawyer is a different from an attorney, who practices law in a court, whereas lawyer may not practice in a court. To practice in a court, an attorney has to pass a bar exam and get approval to practice law. In other words an attorney is a lawyer, but it is not necessary for a lawyer to be an attorney.
A New York employment lawyer handles all employment disputes, or labor disputes that may or may not be settled in a court. An employment lawyer also works as a mediator, an arbitrator, or uses alternative avenues to resolve the issues without going to court. There are some cases that can be settled outside the court, a lawyer has to look at each aspect of labor law and settle the matter discreetly, without publicity. Sometimes publicity hurts both the employee and the employer. There are many areas of labor laws connected with wrongful terminations, contract disputes, sexual harassment allegations or wage and salary payment issues that can be settled outside the court and one may not need the services of an attorney who has passed the bar examination in the labor law and is authorized to fight a case in the court. Take the example of the personal liability for unpaid wages under the Fair Labor Standards Act and New York Labor Law. The law says that a person cannot be held responsible for the unpaid wages under FLSA and NY Labor Law even if he is an executive in the company who had the power to hire or fire an employee, only an owner is responsible. The fine details in a case of this kind can be handled only by the employment lawyers who know the labor laws practiced in New York. However, can a simple employment lawyer who is handling a case of this kind fight the case in the courts in New York, no, only a person who is an attorney and has passed the bar exam of the jurisdiction can fight a case of this kind in the court. The best option for a person who wants to file a case under the New York Law is to consult the list of lawyers who are also New York employment attorneys and select an attorney to appear on his or her behalf.
The fine line that differentiates between a lawyer and an attorney is not very pronounced and is often missed by the general public. A lawyer is educated in law and may or may not give legal advice whereas an attorney has graduated from a law school, but also, has to pass a bar exam. An attorney practicing as an employment attorney in New York has to pass a bar exam in the labor laws, as well as keep up to date on any changes in the New York Labor laws. The New York labor law covers many topics, overtime, minimum wages, severance pay, etc and an employment lawyer or attorney need to major labor laws.
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