2 ms·
Generally, lawyers can only be managed by other lawyers. Exceptions apply in limited circumstances (e.g. see Australia). As to your reference to the word 'lega
by knighthack 5y ago
Generally, lawyers can only be managed by other lawyers. Exceptions apply in limited circumstances (e.g. see Australia).
As to your reference to the word 'legal counsel': a distinction must first be made.
The use of the word 'counsel' is often confused by non-lawyers. 'Counsel' is a specific term used to refer to lawyers appearing in court ('counsel of the courts', or 'court practitioners', or 'barristers').
Whereas 'legal counsel' is more specifically used in reference to in-house employees of companies, who handle regulatory compliance, general legal affairs of their companies, and so on. Such legal counsel may be legally trained/qualified, and may have had prior experience in legal practice. But they are not considered 'lawyers', in so far as they are not active/practising members of the bar at which they are practice, and in some instances are referred to as 'non-practising' lawyers. This is about the same distinction as e.g. a graduate of civil engineering, who has decided not to practice as an engineer and has gone on to some other field. Lawyering is however a very traditional profession, and the distinction between practising vs non-practising lawyers is very marked, and generally 'legal counsel' (as described above) are not treated as lawyers at all. It is not uncommon to find an in-house 'legal counsel' who has absolutely no idea what they're doing in practical/commercial reality, as they've never handled proper disputes or difficult contracts before except in non-contentious settings.
Thus in certain jurisdictions legal counsel are often prevented from performing any acts that must and can only properly be done by actual practising lawyers - e.g. 'legal counsel' cannot represent other companies/people/entities in courts (as they have no right of audience or locus to represent third parties), they cannot give legal advice as lawyers, etc. 'Legal counsel' as referred to in such context may be 'managed' by a CEO, but that's only because they are staff with legal knowledge, and not lawyers per se.