Lawyers Are

Lawyer 


A lawyer, according to Black Law Dictionary, is "people who learned in the law, as a consultant, lawyer or lawyers;. Someone who practices" The law is a system of rules of conduct established by the sovereign government of society to correct errors, maintain social stability and political authority, and provide justice. Working as a lawyer involves the practical application of abstract legal theories and knowledge to solve specific individualized problems, or to advance the interests of those who retain (ie, hire) lawyers to perform legal services. 
The role of lawyer varies significantly across legal jurisdictions, and therefore can be treated here only the most general terms. More information is available in country-specific articles (see below). [Clarification needed] 


Terminology 


In practice, the legal jurisdiction of their right to determine who is recognized as a lawyer, as a result, the meaning of "attorney" length may vary from place to place. 
In Australia the word "lawyer" is used to refer to both lawyers and attorneys (both in private practice or practice as a consultant in-house company). 
In Canada, the word "lawyer" only refers to individuals who have been called to the bar or have qualified as civil law notaries in the province of Quebec. common law lawyers in Canada also known as "the lawyer and the lawyer", but should not be referred to as "lawyer", because the term has a different meaning in Canadian usage. However, in Quebec, civil law advocates (or avocats in French) often call themselves "attorney" and sometimes "a lawyer and the lawyer." 
In the UK andWales, "lawyer" is used loosely to refer to various kinds of law-trained persons. This includes practitioners such as attorneys, lawyers, legal executives and official licensed maker, and those who are involved with the law, but do not practice it on behalf of individual customers, such as judges, court clerks, and drafting legislation. 
In India, "lawyer" colloquial term often used, but the official term is "advocate" as stipulated in Law Advocates, 1961. 
In Scotland, the word "lawyer" refers to a specific group of legally trained people. Specifically includes advocates and attorneys. In a general sense, may also include judges and law-trained support staff. 
In the United States, this term generally refers to attorneys who may practice law, never used to refer to patent agents or paralegals. 
Other countries tend to have conditions analogous to the concept. 


Responsibilities 


In most countries, particularly civil law countries, there is a tradition of giving many legal tasks various civil law notaries, clerks, and scriveners. These countries do not have "lawyers" in the American sense, insofar as the term that refers to one type of general-purpose legal services provider, but rather, their legal professions consist of a large number of different types of people trained law, known as jurists, who only some are lawyers licensed to practice in court. It is difficult to formulate accurate generalizations that cover all countries with different legal professions, because each country has its own traditional method of dividing a typical legal work among all the different types of legal professionals. [14] 
Especially, England, the mother of common law jurisdictions, emerged from the Dark Ages with similar complexity in the legal profession, but then evolved by the 19th century to a single dichotomy between lawyers and attorneys. An equivalent dichotomy developed between advocates and procurators in some civil law countries, although both types are not always monopolize the practice of law by attorneys and lawyers, in that they always coexisted with civil law notaries. 
Several countries that originally had two or more legal professions have since fused or united their professions into a single type of lawyer. Most countries in this category are common law countries, though France, a civil law country, joined together with legal experts in 1990 and 1991 in response to Anglo-American competition. In countries with fused professions, lawyers are allowed to carry out all or nearly all of the responsibilities below. 


Oral arguments in court 


Arguing the case of a client before a judge or jury in the trial of a traditional province of lawyers in Britain, and supporters in several civil law jurisdictions. However, the boundary between the lawyer and the lawyer has evolved. In Britain today, monopoly covers only appellate court lawyer, and lawyers have to compete directly with a lawyer in court a lot. In countries like the United States who have joined the legal profession, there is a trial lawyer who specializes in trying cases in court, but lawyers have no monopoly de jure as a lawyer. In some countries, litigants have the option of arguing pro se, or on behalf of their own. It is common for litigants to appear before the court are represented such as small claims courts;. Indeed, the courts are many who do not allow lawyers to speak for their clients, in an effort to save money for all participants in a small case [25] In other countries, like Venezuela, no one may appear before a judge unless represented by counsel. The advantage of the latter regime is that lawyers are familiar with the habits of the courts and procedures, and make the legal system more efficient for all involved. represented parties often damage their own credibility or slow the court down as a result of their experiences. 




Research and preparation of court documents 


Often, lawyers brief a court in writing about issues in the case before the problem can be said orally. They may have to conduct extensive research into relevant facts and law while the preparation of legal documents and prepare for oral argument. 
In Britain, the usual division of labor is that lawyers will get the facts of the case from the client and then brief a lawyer (usually in writing). lawyer then the court defense research and draft the necessary (which will be filed and served by the lawyers) and orally argue the case. 
In Spain, only a procurator signs and presenting papers to the court, but it is the lawyers who draft the papers and argues the case. 
In some countries, like Japan, a scrivener or officer to fill out court forms and draft simple papers for lay people who can not afford or do not need a lawyer, and advise them on how to manage and argue their own case. 




Advocacy (written and oral) in administrative hearing 


In most developed countries, the legislature has given original jurisdiction over highly technical matters to executive agencies that oversee the administration of such things. As a result, some lawyers have become specialists in administrative law. In some countries, there is a special category of jurists with a monopoly over the form of advocacy;. For example, France formerly had conseils juridiques (which merged into the main legal profession in 1991) In other countries, such as the United States, lawyers have also been prohibited by law from certain types of administrative inspection in order to preserve their informality. 




Client intake and counseling (related lawsuits) 


An important aspect of the work of lawyers is to develop and manage relationships with clients (or employees of the client, if in-house lawyers working for government or business). Client-lawyer relationship often begins with the intake interview where the lawyers get to know the client personally, find the facts of the case the client, explain what the client wants to accomplish, shapes the client expectations for what can actually be achieved, begin to develop various claims or defenses, and explain its cost to the client. 
In England, lawyers have traditionally only in direct contact with clients. lawyer who was arrested attorney if needed and act as an intermediary between the lawyer and client. In most cases lawyers will mandatory, under what is known as the "cab rank rule", to receive instructions for the case in an area in which they hold themselves out as practicing, in the court in which they normally appeared and at their usual rates. 




Legal advice 


Main article: Legal advice 
legal advice is the application of abstract legal principles to concrete facts the client's case in order to advise clients about what they should do next. In many countries, only a properly licensed lawyer may provide legal advice to clients for good consideration, even if no appeal is or is in progress  Therefore., Even officials and corporate advisory maker in-house must first obtain a license to practice, although they may in fact very little to spend their careers in court. Failure to comply with these rules is a crime of unauthorized practice of law.  
In other countries, jurists who hold law degrees are allowed to give legal advice to individuals or companies, and it is irrelevant if they do not have a license and can not appear in court  Some countries are more distant;. In England and Wales, there is no general prohibition on giving legal advice . Sometimes civil law notaries are allowed to give legal advice, such as in Belgium  In many countries,. non-jurist accountants may provide what is technically legal advice in terms of tax and accounting 




Protecting intellectual property 


In almost all countries, patents, trademarks, industrial designs and other forms of intellectual property must be officially registered with government agencies in order to receive maximum protection under the law. The division of labor as among lawyers, licensed non-lawyer jurists / agents, and employees or scriveners vary widely from one country to the next. 




Negotiation and preparation of contract 


In some countries, negotiating and drafting contracts treated the same as giving legal advice, which is subject to license terms described above  In other countries, jurists or notaries may negotiate or draft contracts .. 
Lawyers in some civil law countries traditionally deprecated "legal transaction" or "business law" as beneath them. French law firms developed transactional departments only in the 1990s when they began to lose business to international companies based in the United States and Britain (where lawyers always do transactional work). 




Conveyancing 


Conveyancing is preparing the necessary documents to transfer real property, such as deeds and mortgages. In some jurisdictions, all real estate transactions must be done by a lawyer (or lawyers in which the differences that still exist)  as quite valuable monopoly of lawyers point of view;. Historically, the transfer of revenues accounted for half of British lawyers' (although this since changed),  and 1978 studies showed that the transfer "accounts as much as 80 percent of the attorney-client contact in New South Wales."  In most common law jurisdictions outside the United States, this monopoly arose from 1804 legislation introduced by William Pitt the Younger as a quid pro quo for raising the cost of the certification of legal professionals like lawyers, attorneys, lawyers and notaries. 
In other countries, the use of a lawyer is optional and banks, title companies, or realtors may be used instead. In some civil law jurisdictions, real estate transactions are handled by civil law notaries.  In England and Wales a special class of legal professionals licensed conveyancer-is also allowed to perform the transfer service for gifts.  S ian. lapating 




Implement the intent of the deceased 


In many countries, only lawyers have the legal authority to prepare wills, trust, and other documents which ensure the efficient disposition of one's property after death. In some civil law countries this responsibility is handled by civil law notaries. 
In the United States, who died garden should generally be given by a court through probate. American lawyers have a profitable monopoly on giving advice about probate law (which has been widely criticized). 




Prosecution and defense of criminal suspects 


In many civil law countries, prosecutors are trained and used as part of the judiciary, they are experts trained laws, but not necessarily a lawyer in the sense that the word used in the common law world. In common law countries, prosecutors are usually lawyers have regular licenses who simply happen to work for the government office that files criminal charges against suspects. Criminal defense specializing in the defense of those charged with crimes. [64] 




Education 


Legal education 
Educational requirements for becoming a lawyer vary from country to country. In some countries, law is taught by a faculty of law, which is a public undergraduate college department of a university. Law students in those countries pursue a Master or Bachelor degree in Law. In some countries it is common or even necessary for students to earn another degree at the same time. Also is the LL.B the sole obstacle, often followed by a series of advanced examinations, apprenticeships, and additional coursework at special government agency. 
In other countries, especially the United States, laws which are mainly taught in law schools. In the United States and other countries followed the American model, (such as Canada with the exception of the province of Quebec) law schools are graduate / professional schools where a bachelor's degree is a prerequisite for admission. Most law schools are part of the university but a few are independent institutions. Law schools in the United States (and many in Canada and elsewhere) award graduating students JD (Juris Doctor / Doctor Jurisprudence) (as opposed to the Bachelor of Laws) as a law degree from the practitioner. Many schools also offer post-doctoral law degrees such as the LL.M. (Master of pod / Master of Laws), or the SJD (Juridicae Scientiae Doctor / Doctor of Juridical Science) for students interested in advancing knowledge and research credentials in a specific area of ??law. 
The methods and the quality of legal education vary widely. Some countries require extensive clinical training in the form of internships or special clinical courses. Others, like Venezuela, no. Some countries prefer to teach through assigned reading of the legal opinion (Casebook method) followed by intense in-class cross-examination by the professor (the Socratic method). Many others just lectures on highly abstract legal doctrines, which forces young lawyers to figure out how to actually think and write like a lawyer at their first apprenticeship (or job). Depending on the country, the typical class size could range from five students in a seminar to five hundred in a giant lecture hall. In the United States, law schools maintain small class sizes, and acceptance of such grants, on the basis of a more limited and competitive. 
Some countries, particularly the industry, has a traditional preference for full-time law programs, while in developing countries, students often work full or part time to pay tuition and fees they are part-time law program. 
Law schools in developing countries share common several problems, such as overreliance practicing judges and lawyers who treat teaching as a part-time hobby (and scarcity as a full-time law professor); incompetent faculty with questionable mandate, and textbooks that lag behind the current state of the law with two or three decades. 




Earning the right to practice law 


Main article: Go to the practice of law 
Some jurisdictions grant "diploma privilege" to certain institutions, so that only a degree or mandate of these institutions are the main qualification to practice law. Mexico allows anyone with a law degree to practice law. However, in a large number of countries, a law student must pass the bar exam (or series of such examinations) before receiving a license to practice. In some U.S. states, a person can become a lawyer (attorney called the state) with only "read law" and passed the bar exam, without having to attend law school first (though very few people actually become lawyers that way). 
Some countries require a formal apprenticeship with an experienced practitioner, while others do not. For example, some jurisdictions still allow an internship in place of any kind of formal legal education (though the number of people who actually become a lawyer like that increasingly rare). [91] 




Career Structure 


Lawyer career structure varies considerably from one country to the next. 




Common law / civil law 


In most common law countries, especially those with fused professions, lawyers have many choices during their career. In addition to private practice, they can become a prosecutor, government counsel, corporate in-house counsel, administrative law judge, judge, arbitrator, law professor, or politician. [92] There are also many non-legal jobs that legal training is good preparation for, such as corporate executives, government administrators, investment bankers, businessmen, or journalists. [93] In developing countries like India, most law students never actually practice, but simply use their law degree as a foundation for careers in other fields. [94] 
In most civil law countries, lawyers generally structure their legal education around their chosen specialty, the boundaries between different types of lawyers are carefully defined and difficult to cross. Once one gets a law degree, career mobility can be severely restricted [95] For example,. Unlike their American counterparts, [96] difficult for German judges to leave the bench and become advocates in private practice [97]. Another interesting example is France, where for most of the 20th century, all judicial officers are graduates of elite professional school for judges. Although the French courts have begun experimenting with the Anglo-American model appoint judges from accomplished advocates, some supporters who have actually joined the bench this way looked down upon by their colleagues who have taken the traditional route to the office of the court. 
In some civil law countries, like Sweden, the legal profession is not tight branching and everyone in it can easily change roles and arenas. 




Specialization 


In many countries, lawyers are general practitioners who will take almost all types of cases that walk in the door. In other countries, there is a tendency since the beginning of the 20th century for lawyers to specialize early in their career In these countries. Where specialization is prevalent, many lawyers specialize in a single side in one particular area of ??law, therefore it is common in the United States to hear the plaintiff's personal injury lawyer . 




Organization 
Law firm 
Lawyers in private practice generally work in specialized businesses known as law firms, with the exception of British lawyers. Most law firms around the world are small businesses that range in size from 1 to 10 lawyers [105] the United States, with a large number of companies with more than 50 lawyers, is. Exceptions. [106] United Kingdom and Australia are also exceptions, such as Britain, Australia and the United States is now home to several firms with more than 1,000 lawyers after a wave of mergers in the late 1990s. 
In particular, lawyers in England and Wales and some states in Australia do not work in "law firms". Those who offer their services to the general public-as opposed to those working "at home"-there must be work alone. [107] Most work in groups known as the "set" or "space", where some administrative and marketing of cost sharing. Important impact of different organizational structure is that there is no conflict of interest where the attorney in the work of the same space for opposing sides in a case, and in some special space is ordinary. 




Professional associations and regulatory 




Mandatory licensing and membership in professional organizations 


In some jurisdictions, either the courts or the Ministry of Justice directly oversee admission, licensing, and regulatory lawyers. 
Other jurisdictions, by law, tradition, or court order, has given power to the professional association that all lawyers should be. In the U.S., the association known as the bar association shall, integrated, or unified. In the Commonwealth of Nations, similar organization known as the Inns Court, bar council or law society.  In civil law countries, comparable organization known as the Order Advocates,  Chamber of Advocates,  Universities and colleges Advocates, Faculty of Advocates,  or similar names. Generally, non-members who caught practicing probably responsible for the crime of unauthorized practice of law. 
In common law countries with divided legal profession, the traditional lawyer's bar council (or Inn Court) and the attorney's legal community. In English-speaking world, the largest professional association of lawyers is mandatory State Bar of California, with 200,000 members. 
Some countries admit and regulate lawyers at the national level, so that a lawyer, once licensed, can argue cases in court in the land. This is common in small countries like New Zealand, Japan, and Belgium Others, especially those with federal governments, tend to regulate lawyers at the state or province. This happened in the United States,  Canada, Australia,  and Switzerland, to name a few. Brazil's most famous federal government that regulates lawyers at the national level. 
Some countries, like Italy, regulate lawyers at the regional level, and some, like Belgium, even regulate them at the local level (ie, they are licensed and regulated by the local equivalent of bar associations but can be an advocate in national courts) In Germany, the and regional bar admitted attorney may appear for clients before all courts nationwide with the exception of the Federal Court of Justice of Germany (Bundesgerichtshof or BGH);. weird, securing entry into the bar BGH that limit attorneys practice solely to the federal supreme court and the German Federal Constitutional Court. 
In general, geographical limitations may interfere with the lawyer who finds that caused his client requires him to litigation in courts outside the normal geographic scope of the license. Although most courts have special rules pro HAC representative to the occasion, lawyers will still have to deal with a different set of rules of professional responsibility, and the possibility of other differences in substantive and procedural law. 
Some states grant a license to non-resident lawyers, who then may appear regularly on behalf of foreign clients. Others require all lawyers to live in the jurisdiction or even hold national citizenship as a prerequisite to receiving a license to practice. But the trend in industrialized countries since 1970 has abolished restrictions on citizenship and residency. For example, the Supreme Court of Canada struck down the requirements of citizenship on the basis of equal rights in 1989 and the same, U.S. citizenship and residency requirements were surprised down as unconstitutional by the U.S. Supreme Court in 1973 and 1985, respectively.  The European Court of Justice made similar decisions in 1974 and 1977 that struck the nationality restrictions in Belgium and France .




Who governs lawyers 


The main difference between countries is whether lawyers should be governed entirely by an independent judiciary and the agencies under it (the legal profession regulate itself), or whether lawyers should be subject to supervision by the Ministry of Justice in the executive branch. 
In most civil law countries, governments have traditionally held tight control over the legal profession in order to guarantee the supply of loyal judges and bureaucrats. That is, lawyers are expected first and foremost to serve the country, and the availability of counsel for private litigants was an afterthought. Even in civil law countries like Norway that some self-regulating profession, the Department of Justice is the sole licensed publisher, and make your own independent re-evaluation of the fitness lawyers to practice after a lawyer has been expelled from 'Advocates' Association [109]. Brazil is an unusual exception in the national Order of Advocates has become fully self-regulate the institution (with direct control over licensing) and has managed to resist government efforts to put under the control of the Department of Labor. 
Of all civil law countries, Communist countries historically went the farthest towards total state control, with all Communist lawyers forced to practice in the collective with the mid-1950s. China is a prime example: technically, the People's Republic of China does not have a lawyer, and not only poorly trained, the state employed "legal workers," prior to the enactment of a comprehensive reform package in 1996 by the Standing Committee of National People's Congress. 
In contrast, common law lawyers have traditionally regulated themselves through institutions where the influence of non-lawyers, if any, is weak and indirect (despite nominal state control). these institutions have been traditionally dominated by private practitioners who opposed strong state control of the profession on the grounds that it would jeopardize the ability of lawyers to diligently and competently advocate their clients' causes in the adversarial system of justice. 
However, the concept of self-regulating profession has been criticized as to pretend that serves to legitimize the professional monopoly while protecting the profession from public scrutiny. Disciplinary mechanisms have been amazing to be ineffective, and penalties have been light or nonexistent. 




Voluntary association of attorneys 


Lawyers are always free to form their own voluntary associations, regardless of licensing or mandatory membership that may be required by the law of their jurisdiction. Like their mandatory counterparts, such organizations may exist at all geographic levels. In American English, the association known as voluntary bar associations. The largest voluntary professional association in the world of English-speaking lawyers is the American Bar Association. 
In some countries, like France and Italy, also formed a trade union lawyer. 




Cultural perception of lawyers 


Hostility towards the legal profession is a widespread phenomenon. The legal profession was abolished in Prussia in 1780 and in France in 1789, though both countries eventually realized that their judicial system can not function efficiently without lawyers. Complaints about too many attorneys general in both the UK and the United States in the 1840s, Germany in 1910, and in Australia, Canada, the United States, and Scotland in the 1980s. 
Public distrust of lawyers reached record highs in the United States after the Watergate scandal. In after Watergate, legal self-help books became popular among the people who want to solve their legal problems without having to deal with lawyers. Lawyer jokes (already a perennial favorite) also increased in popularity in English-speaking North America as a result of Watergate. In 1989, the American legal self-help publisher Nolo Press published a 171-page compilation of negative anecdotes about lawyers from throughout human history. 
In Adventures in Law and Justice (2003), legal researcher Bryan Horrigan chapter devoted to "Myth, Fiction, and Reality" on the law and enduring criticism from lawyers describe as a "gun for hire [...] immoral" with a quote from Ambrose Bierce's satire The Devil's Dictionary (1911) that the noun be summarized as: "a lawyer, n. One skilled in circumvention of the law." 
In general, the Ethics Law: A Comparative Study (2004), law professor Geoffrey C. Hazard, Jr. with Angelo Dondi briefly examine the "rules lawyers tried to suppress error" and noted that they are common around the world are juxtaposed with a "remarkable consistency" in particular "continually [sic] complaints" about lawyers that transcends time and locally, from the Bible to medieval England to the Chinese dynasties. The authors and the general public complaints about lawyers as classified into five "general category" as follows: 

• abuse litigation in various ways, including using tactics negligence and false evidence and making frivolous arguments to the court; 
• preparation of false documentation, such as false deeds, contracts, or wills; 
• deceiving clients and other people and property abuse; 
• delays in dealing with clients, and 
• impose excessive costs. 

source: wikipedia.org