{"id":14636,"date":"2018-02-24T23:48:07","date_gmt":"2018-02-24T23:48:07","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=14636"},"modified":"2018-02-25T02:13:24","modified_gmt":"2018-02-25T02:13:24","slug":"solicitor","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=14636","title":{"rendered":"solicitor – an attorney at law acting as head of the law department of a municipal corporation or other division of government; in England, similar to a paralegal"},"content":{"rendered":"

\u00a0\u00a0\u00a0\u00a0 This page is continued from Getting Started<\/a> >>>> Representing Yourself \u201cPro Se\u201d and Assisting Others as a Non-Lawyer<\/a> >>>> Lawyer? Attorney? Counselor? What\u2019s the Difference?<\/em><\/a>:<\/strong><\/span><\/p>\n

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solicitor<\/span>:<\/span><\/strong>
\n(15c)<\/span><\/p>\n

1. Someone who seeks business or contributions from others; an advertiser or promoter. <\/span><\/strong><\/p>\n

2. Someone who conducts matters on another\u2019s behalf; an agent or representative. <\/span><\/strong><\/p>\n

3. The chief law officer of a governmental body or a municipality. <\/span><\/strong><\/p>\n

4. In the United Kingdom, a lawyer who consults with clients and prepares legal documents but is not generally heard in High Court or (in Scotland) Court of Session unless specially licensed.\u00a0<\/strong> Cf. BARRISTER. <\/span><\/p>\n

5.<\/strong> See special agen<\/em>t<\/em> under INSURANCE AGENT. <\/span><\/span><\/p>\n

6. A prosecutor (in some jurisdictions, such as <\/span>South Carolina). <\/span><\/strong>[1]<\/span><\/p>\n

1. <\/span><\/strong>An attorney at law<\/a> acting as the head of the law department of a municipal corporation or other division of government.\u00a0 In England, a person trained in the law who prepares briefs, drafts, pleadings and legal instruments, consults with and advises clients, but is not heard in court, at least not in the superior courts. <\/span><\/strong><\/p>\n

\n
English attorneys-at-law have been called \u201csolicitors\u201d since the Judicature Act of 1873 took effect.\u00a0 They are not members of the bar and are not heard in the superior courts; and the power of admitting them to practice, and striking them off the roll, has not been given to the inns of court. Re Ricker, 66 NH 207, 29 A 559<\/span>. <\/strong><\/span><\/div>\n
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This decision contains a most valuable account of the qualifications, functions, privileges, and duties of barristers, serjeants, solicitors and attorneys-at-law.<\/strong> [2]<\/span><\/div>\n<\/div>\n
<\/div>\n
1. The title that many cities, towns, and departments or agencies of government give to their chief law officer.\u00a0 EXAMPLE: the Solicitor General of the United States.<\/span><\/strong><\/div>\n
<\/div>\n
2. In England, a person trained in the law who prepares briefs, drafts, pleadings and legal instruments, and advises clients, but is limited with respect to the courts in which she may appear.<\/strong> [3]<\/span><\/div>\n
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Various Types of Solicitors:<\/span><\/strong><\/p>\n

\n

duty solicitor<\/span> – A solicitor in private practice who can be called to a police station or to a magistrate\u2019s court to represent pro bono a person suspected of or charged with a crime when the person cannot afford to hire a solicitor. <\/span><\/strong>\u2014 aka<\/span> (in Canada) duty counsel<\/span><\/em>.<\/span><\/strong> Cf. PUBLIC DEFENDER.<\/span><\/p>\n

solicitor general<\/span> –<\/span><\/strong> (usu.<\/span> cap.) (17c)<\/span> The second-highest~ ranking legal officer in a government (after the attorney general); esp., the chief courtroom lawyer for the executive branch.\u00a0 *\u00a0 On the use of General as a title in reference to the solicitor general, see ATTORNEY GENERAL. <\/span><\/strong>\u2014 Abbr.<\/span> SG<\/em><\/span>. <\/span><\/strong>Pl.<\/span> solicitors general<\/span><\/strong><\/span><\/em>.<\/span> [1]<\/span><\/p>\n

1. An officer learned in the law in the Department of Justice, assisting the Attorney General in the performance of the duties of the latter, appointed by the President of the United States, by and with the advice and consent of the Senate. 5 USC \u00a7293.\u00a0 In England, a barrister of high rank next in precedence after the attorney general, with whom he is associated in the performance of his duties, and permitted to sit within the bar of the respective courts with the king\u2019s counsel.<\/strong> See 3 Bl Comm 28 and note<\/strong><\/span>. [2]<\/span><\/p>\n

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\u00a0\u00a0\u00a0\u00a0 Excerpt from Ronald D. Rotunda & John E. Nowak’s Treatises on Constitutional Law<\/em><\/a> \u00a7 2.2, at 86-88 (2d ed. 1999):<\/strong><\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 “By [federal] law, only the Solicitor General or his designee can conduct and argue before the Supreme Court cases \u2018in which the United States is interested.\u2019\u00a0 Thus, if a trial court appoints a special, independent prosecutor in order to prosecute a criminal contempt of court, that court-appointed special prosecutor cannot represent the United States in seeking Supreme Court review of any lower court decision unless the Solicitor General authorizes the filing of such a petition. . . . Although the Solicitor General serves at the pleasure of the President, by tradition the Solicitor General also acts with independence.\u00a0 Thus, if the Solicitor General does not believe in the legal validity of the arguments that the government wants presented, he will refuse to sign the brief. In close cases the Solicitor General will sign the brief but tag on a disclaimer that has become known as \u2018tying a tin can.\u2019 The disclaimer would state, for example, \u2018The foregoing is presented as the position of the Internal Revenue Service.’\u00a0 The justices would then know that the Solicitor General, although not withholding a legal argument, was not personally sponsoring or adopting the particular legal position.<\/span>“<\/strong> [4]
\n<\/span><\/p>\n

Solicitor General of the United States<\/span>:<\/span><\/strong><\/p>\n

1. The Solicitor General is appointed by the president and has the authority to represent the United States in all actions in all state courts and federal courts, at both the trial court and appellate court level, including the Supreme Court.\u00a0 The Solicitor General works in close coordination with the Attorney General of the United States , who is the head of the Department of Justice.<\/strong> [3]<\/span><\/p>\n

References:<\/span><\/span><\/strong><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is compiled in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

[1]: Black\u2019s Law Dictionary\u00a0Deluxe Tenth Edition\u00a0by Henry Campbell Black & Editor in Chief Bryan A. Garner<\/a>. ISBN: 978-0-314-62130-6.<\/b><\/span><\/strong><\/p>\n

[2]: Ballantine\u2019s Law Dictionary\u00a0<\/a><\/b><\/span><\/strong>with Pronunciations
\n<\/b><\/span><\/a><\/em>Third Edition<\/b><\/span><\/a><\/strong>\u00a0<\/span><\/strong>by James A. Ballantine\u00a0<\/b><\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/b><\/span><\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/b><\/span><\/strong><\/p>\n

[3]:\u00a0\u00a0Ballantine\u2019s Law Dictionary <\/a><\/b><\/span><\/strong>Legal Assistant Edition<\/b><\/span><\/a><\/em>
\nby Jack Ballantine\u00a0<\/b><\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/b><\/span><\/em>Doctored<\/b><\/span><\/a><\/strong>\u00a0<\/span><\/em>by\u00a0Jack G. Handler,\u00a0J.D.<\/a>\u00a0\u00a9 1994 Delmar by Thomson Learning.\u00a0 ISBN 0-8273-4874-6.<\/b><\/span><\/strong><\/p>\n

[4]: Ronald D. Rotunda & John E. Nowak’s Treatises on Constitutional Law<\/em><\/a> \u00a7 2.2, at 86-88 (2d ed. 1999)<\/span><\/strong><\/p>\n

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