Attorney As Counselor At Law

“The practice of law is more than a mere trade or business, and those who engage in it are the guardians of ideals and traditions to which it is right that they should from time to time dedicate themselves anew.”

 –Scottish lawyer Hugh Patterson McMillan, Ethics of Advocacy, 1916

A friend recently suggested that since I was a good listener that I would make a good counselor. My response? I am a counselor!  A counselor at law.  That’s a description for lawyers that is often underappreciated. But I do think of myself of a counselor of sorts, guiding clients through the minefield of risk management with the goal of avoiding the bad things that can happen to an individual or business. I also advise clients on how to escape a legal mess once something bad does happen.

The terms “attorney at law” and “counselor at law” are often used interchangeably, according to some attorneys for birth accidents in Chicago. However, they describe different roles for the lawyer. The counselor at law advises and counsels a client on particular matters.  By contrast, the attorney at law acts as the client’s agent, speaking and acting on the client’s behalf, with third parties or in court.

As I reflect upon my 27 year career as a lawyer and more at JD Injury Law, APC, I have enjoyed both roles but particularly that of trusted advisor. Sometimes I wonder if lawyers jump too quickly into the attorney role before working their way through the counselor role. Certainly, counseling our clients, focusing on good advice, and working through a solution, can avoid future problems. Sometimes you must move beyond the counselor role, but as lawyers, we would do well to focus on that role and only move into the attorney role when we make a conscious decision to do so.

Remembering the role of counselor can help build trust and strong, long-term client relationships. We can use our experience to educate our clients and teach them ways to avoid unnecessary conflict and minimize risk. If litigation occurs, a lawyer may continue in the counselor role in addition to their role as attorney, wearing both hats at once.

How do you decide which role is appropriate? Do you draw a distinction at all? Let us know what you think!