(Lawyer), lawyer, lawyers, attorneys advocate, counselor
Activity area of law, business
Description
Analytical skills competency
Critical thinking skills
Knowledge of the law
Ability of legal research and legal writing
Necessary education please refer to the requirements of professional
The lawyer, according to Black's Law Dictionary, is "people who learned in the law, attorney, counsel or as a lawyer, has been practicing law." Law [1] is a system of rules of conduct established by the sovereign government. Correct for the mistakes of society to maintain stability, political and social authority, to achieve justice. (Ie, employment) and knowledge of legal theory abstract in order to promote the interests of the people to retain lawyers to perform legal services, or to have worked as a lawyer, to solve the problem of specific individual contains practical applications of.
Role of lawyers, so very different across the jurisdictions, the most common terms you can only, be treated with it here. [2] [3]
Contents
[Hide]
One term
Responsibility for two
2.1 Court oral argument
2.2 research and drafting court documents
At hearings of the administrator (written and oral) 2.3 advocacy
(With respect to pending litigation) 2.4 client intake and counseling
2.5 Legal Consultation
To protect intellectual property 2.6
Contract drafting and negotiation 2.7
2.8 deed
2.9 to carry out the intent of the deceased
The prosecution and the defense of criminal suspects 2.10
Three education
Won the right to practice law 3.1
Structure of the four career
Civil law / common law 4.1
4.2 professional
4.3 organization
Five professional organizations and regulatory
Required license and membership of professional organizations 5.1
5.2 Adjust the lawyer
Voluntary organization of lawyers 5.3
Recognition in 1809 of lawyer
7 compensation
8 history
8.1 Ancient Greece
Early ancient Rome 8.2
Rome Late Antiquity 8.3
8.4 Middle Ages
Title 9
Please also see 10.
11 Notes
12 external link
The term [edit]
In fact, exercise the right to determine who the legal jurisdiction has been recognized as a lawyer, as a result, the meaning of "attorney" term may be different from place to place [4].
In Australia, has been used to refer to both (or corporate practice as house counsel, regardless of the practice) and barrister word "attorney" solicitor of.
In Canada, some are called to the bar only "lawyer" word, refers to individuals who qualified as a civil law notary in Quebec. You may be known as "solicitor and barrister," the lawyer on the common law of Canada, should not be called the term, and "lawyer", because it has different meanings in the usage of Canada. However, Quebec, is referred to as "lawyer" themselves often, and sometimes "barrister and solicitor" (avocats in French) or defenders of the Civil Code.
In England and Wales, has been used loosely to refer to a person who has received training in a wide range of law "lawyer". Are involved in law, and human as the drafters of the law, not practice it on behalf of individual clients, it is a barrister, solicitor, on such a law judge, and court clerk such Contains practitioners and licensing executives and conveyancers.
In India, the "lawyer", the term is used colloquially, but often, advocacy law is the "advocate" is defined as an official term in 1961. [5]
In Scotland, the word "lawyer" refers to a specific group of people a lot of legally trained. It is defended concrete, which contains a solicitor. In a general sense, but it also can include the support staff trained judges and law.
In the United States, this term may have to practice law in general, refers to counsel, it shall be used to refer to a patent attorney or paralegal [7] and [6] do not have
In other countries, tend to have a condition comparable to similar concepts.
Responsibility [edit]
In most countries, countries of the Civil Code, legal in many various notary civil law countries [8] of these [9] does not have a "lawyer" in the sense of America, clerks, of scriveners and especially there was a tradition to give a task, the term refers to a type rather than a single general-purpose legal services provider, has trained some of the only law of the various types of legal experts as long as they known as a jurist who defended them, has been a large number of licenses you who [10] to practice in the courts. Because there was a unique way of country-specific [11] [12] [13], each of which traditionally divide the legal work, the exact generalized to cover all countries with multiple legal profession between all the different types of legal professionals is difficult to formulate. [14]
In particular, the mother of the jurisdiction in England, the common law, which was born from the dark ages is a complex similar in their legal profession, then, the development of a single dichotomy between the barrister and solicitor, in the 19th century was. These two types, in terms they are called to co-exist with a notary public civil law always always, the dichotomy of equivalence, national civil law some did not monopolize the implementation of the law as much as solicitor and barrister has developed between advocates and junior. [15] [16] [17]
Some countries had two or more legal fusion and the United States originally beneath his profession to one type of lawyer since then. [18] [19] [20] in this category and country [21] Most say, France is a country common law, civil law countries, in 1990 and 1991 corresponds to the Anglo-American competition will be merged with the lawyer. Fusion with the profession in the country [22], the lawyer will typically be allowed to carry out the responsibility of all or substantially all of the following.
Oral argument in court [edit]
Is the traditional province of British barrister to assert the client's case before a judge or jury in court, to defend in some civil law jurisdictions. However [23], the boundary between the barrister and solicitor has evolved. In the UK today, only the monopoly of lawyers cover the Court of Appeals, trial lawyers, have to compete directly with the trial court solicitor in many. In a country like the United States that combines the legal profession [24], but there is a trial lawyer, which specializes in case you try to court, trial lawyer does not have exclusive rights to de jure, such as court. In some countries, litigants, there is an option to claim on behalf of their own professional or SE,. Litigation that is displayed, it has not been represented in a particular court, such as small claims court is common. Indeed, the court many such, are not allowed to in an effort to lawyer to save money for all participants in the small case, speak for their clients other [25] Roh Moo-hyun. Countries, such as Venezuela, may not appear before a judge anyone unless you have a lawyer. The advantage of the latter system [26], the lawyers are familiar with customs and procedures of the court, is to do a more efficient legal system for all stakeholders. The parties often damage the reputation of their own, as a result of the immaturity of them, or slow down the court (not shown). [27] [28]
And planning of research papers of the court [edit]
In many cases, the problem is before it can be argued orally, in writing to issue a short trial lawyer in the case. They need to perform extensive research into the facts and law drafting legal documents, while preparing for oral argument, associated with it.
In England, in the normal department of workers, (usually in writing) lawyers brief a solicitor. Lawyer [29], (submitted is to study the pleadings of the court, if necessary, it will be in the draft, that, to obtain the facts of the case from the client, the solicitor to provide) the case and oral are discussed. [30]
In Spain, the public prosecutor, signed simply, present the documents to the court, it is a draft paper is the person who claims to support uppercase and lowercase letters. [31]
In some countries, like Japan, clerk or administrative scrivener of the person who places advise them in a way that management does not need a lawyer, a unique case, or can not afford and form of the court, to discuss You must fill in a draft paper for simplicity. [32]
(Written and oral) advocacy in administrative hearings [edit]
In most developed countries, Congress has granted jurisdiction over highly technical matters of administrative body to oversee such a thing, to administrative agencies. As a result, some lawyers, has become an expert in administrative law. In some countries, advocacy, there is a special category of jurists and the monopoly on this form, for example, France was (the person who is merged into the legal profession main 1991) tips & juridiques previous , and so on in other countries [33]. That are prohibited by law from certain types of administrative hearings for the United States, to maintain informal lawyer effectively. [34]
(With respect to pending litigation) of client intake and counseling [edit]
An important aspect of the work of lawyers, relationship with the client (or employee of the client, the lawyer whether it will work in-house government and business) to develop, and manage. Relationship with the attorney client, often can start from an interview intake obtain a lawyer to know the client personally, found the facts of the case of the client, to clarify whether you want to achieve the client, to achieve in practice as to develop and shape the expectations of the client, the claim or defense various starts, describes her or his fee to the client. To, the [35] [36]
In the UK, the only lawyer, was traditionally in direct contact with clients. If you act as an intermediary between the client and the lawyer was required [37] a lawyer, held by the lawyers. In most cases [38], it will be obliged to lawyers, what they appeared normal, they will operate at the speed of their normal. To accept the instruction of the court case in the region [39] of time [40], have offered themselves as an exercise called "rules of the taxi rank", under
Legal consultation [edit]
Legal consultation: main article
Legal advice, in order to advise clients about what to do then they are, is the application of abstract principles of law to concrete facts of the case of the client. Only in many countries, appropriately lawyer license may, even if they are in progress lawsuit, or do not think, to provide legal advice to the client for consideration favorable [41] [42 Therefore [43]], they must be conveyancers and corporate in-house lawyer analogy might be to spend most of my career actually in court, please obtain a license to practice first. Failure is the crime of unauthorized practice of law to comply with such rules. [44]
In other countries, jurists hold a degree in law, are allowed to provide legal advice for individuals and companies, if they do not have a license, can not appear before the court, it is irrelevant [ in the country 45] of some [46], go further;. England and Wales to give, legal advice there is no general prohibition. Civil law notary, as in Belgium, has been allowed to give legal advice at times [47]. In many countries [48], a non-jurist, accountants, legal advice is technically related to tax and accounting matters inches may provide something [49]
To protect intellectual property [edit]
In all countries, other forms of intellectual property patents, trademarks, and industrial design, you must be registered with the government in order to receive maximum protection under the law on the fact officially. Obtain a license for the scrivener and clerk / agent non-lawyer law scholars, ordinary, among lawyers, a division of such work is very different from one country then. [32] [50]
Negotiation and drafting of the contract [edit]
In some countries, the negotiation, drafting of contracts, so that the license subject to the requirements described above it is believed to be as well as providing legal advice. Elsewhere [51], there is a draft contract negotiation or a notary public and jurist. [52]
Lawyer of some civil law countries, under the "Business Law" and "transactional law" has traditionally been abolished. They are the United States and the United Kingdom (solicitor, the location that you are working with transaction always) when I started to lose business to an international company based in the law firm of France, the transactional in the 1990s department has developed a module. [53]
Deed [edit]
Deed is the drafting of documents necessary to the transfer of real estate such as mortgage and such an act. In some jurisdictions, real estate transactions of all, the lawyer (or lawyer that distinction still exists) monopoly [54] Such shall be conducted by is very valuable from the perspective of the lawyer of view some; historically (which was changed later) income of solicitor English accounted for about half of the deed, the study [55], in 1978 that the deed was revealed "New South Wales Lawyers - State. in jurisdictions accounted for 80% of client contact "of the law most common outside the United States [56], this monopoly was introduced was born from the law in 1804 by [57] William Pitt barrister, solicitor, lawyer, notary public as to its price, such as raising of the fee for certification of young legal experts [58]
In others, the use of a lawyer is an option, you can use the real estate bank, company, or title. Civil law in some jurisdictions [59], real estate transactions are handled by the civil law notary. Also has been a transfer of real estate license law expert and Wales [60] England, we were able to carry out conveyancing services for reward. A special class of [61]
To carry out the intent of the deceased [edit]
In many countries, only lawyers, in order to ensure the efficient disposition of property after the death of people, it has the legal authority to draft a document other wills, and trusts. In civil law countries some of this responsibility is handled by the civil law notary. [52],
In the United States, the real estate of the deceased, there is a need to be managed by the probate court through the general. American lawyer, has the exclusive right to dispense useful advice about law of wills (has been criticized heavily). [62]
Defense and prosecution of criminal suspects [edit]
Countries in civil law of many, a public prosecutor, as part of the judiciary, trained, has been adopted, they is a lawyer trained in the law, used in the world of law common word is necessarily in the sense that they are in the law [63] General may not have lawyers. Country, prosecutors are usually lawyers will submit a criminal complaint against the suspect simply, that holds a license for the regular office happens to work for the government. Criminal defense, specializing in the defense of any person charged with crime. [64]
Education [edit]
Legal education Main article:
Prerequisites for education to become a lawyer are very different from one country to another. In some countries, this law has been taught by the faculty of law in general faculties and departments of the university. Law student in these countries [65] has been pursuing a bachelor's degree or master's degree in law. In some countries is also necessary because either it is common, students obtain a bachelor's degree at the same time different. It is also the only obstacle LL.B. It is, in many cases, followed by a series of advanced inspection in special government agency, apprenticeship, additional tuition of [66].
Other countries, in the United States, this law has been taught in schools, especially primary laws. U.S. model, of the United States is a vocational school / graduate school entrance, which is a prerequisite for bachelor's degree in Law School ([68] except for Quebec and Canada) or country of the following [67]. Most law schools, but that is part of the university, some are, is an independent agency. (Doctor / Doctor of Jurisprudence in Law) JD graduate student award (and bachelor's degree in law as opposed to the) law degree such as a practitioner of law school in the U.S. (and Canada and many other). The school is also a lot of the promotion of knowledge and qualifications of research in specific areas of the law (Juris Doctor / Doctor Scientiae Juridicae) to provide a law degree or postdoctoral fellow as SJD LL.M (Master of Laws / Master of Laws) is for students who are interested. [69]
Methods and quality of legal education is significantly different. In some countries, it is necessary to large-scale clinical training in the form of special clinical course, or apprenticeship. Other [70], such as Venezuela, no. In some countries [71], the intense, followed by judicial opinion of in-class cross-examination by Professor prefer to teach through the measured values were assigned to the method (Case Studies) (Socrates method). [72] Many of the other [73] is the only lecture on the doctrine of highly abstract legal force to figure out how to write like a lawyer at that time and really think young lawyers (or jobs) have apprenticeship first, the. [74] [75] depending on the country [76], there is a range of up to 500 students from five seminars in the huge lecture room the size of a typical class. In the United States, such as law school, to maintain small class sizes, more limited, to allow the admission on the basis of competitiveness. [77]
Some countries, especially those advanced, has a traditional preference for full-time law program [78], the method of part-time or part-time full often his students in developing countries has committed to pay the tuition of the program. [79] [80]
Law school in developing countries, sharing, such as excessive dependence on this kind of practice dealing with judges and lawyers teach part-time as a hobby (in combination with lack of full-time law professor), and some common problems have. Qualified teachers and suspicious [81] [82] incompetent. Textbooks lag behind the current state of the two, and three decades of law [83] [81] [84].
Won the right to practice law [edit]
Admission to practice law Main article:
Some jurisdictions, because it is a major qualification for carrying out the law to earn a degree or credential from those institutions simply, to specific institutions to grant a "diploma privilege". [85] Mexico will be able to practice the law anyone with a law degree. However [86], in many countries, you will need to pass (or series of such inspection) bar exam before being licensed to practice law students. People (a small number of lawyers has become its very real) in a handful of state [85] [87] of the United States [88], simply "read the law" may be the person becomes without first attending law school, by passing the bar exam (lawyer of the so-called country) lawyer. In other states is only 42.3% [89], such candidate's bar exam, passed the test administered in February 2011, as California, can be very challenging. [90]
While not for others, in some countries, you need a formal apprenticeship with an experienced practitioner. For example, [91], in some jurisdictions, any kind of formal legal education yet (however, allow the apprentice to become a lawyer instead of the number of people who actually do so), which is increasingly rare. [92]
Structure of the carrier [edit]
Lawyer is a famous example of U.S. President Abraham Lincoln was a politician.
In the career structure of lawyers varies greatly from one country then.
Civil law / common law [edit]
Those having the most common law countries, especially the melting profession, a lawyer and there are a lot of options in the course of their careers. In addition to private practice, they are a professor of corporate law prosecutor, the corporate, government advisor lawyer [93], administrative law judge, judge, or arbitrator. Legal training is also a lot of non-statutory employment has become a good preparation can become, in developing countries such as India, such as management journalist politicians, business executives, government, investment bankers, or entrepreneurs. [94], the majority of law students, but does not actually practice, the field as the foundation for the other carriers, do not use a law degree just that. [95]
Most civil law countries, lawyers, structure their legal education around professional was elected to the general;. Boundaries between different types of lawyers are carefully defined, to cross there is a possibility after gaining a law degree [96] of either has been difficult, carrier mobility is constrained significantly this [97], the lawyer of all their legal practice as a private house judges, prosecutors, government officials and, in the case of Germany is not to pass the same kind of training and examination qualifications to work in the legal profession. Another interesting case is for much of the twentieth century, all judicial authorities, is a graduate of the College of France was another elite of judges. Justice of France, but started experimenting with the Anglo-American model from the judge to appoint a skilled advocate, some advocates of this method are participating in the bench, in fact, the traditional judicial office has been looked down on by colleagues took the route. [98]
In civil law countries such as Sweden are some, [99], legal experts, you can not strictly be a branch, to change the role and arena easily by anyone in it.
Professional [edit]
In many countries, is a general practitioner to take the case of almost any kind of walk in the door a lawyer. [100] In others, since the beginning of the 20th century for lawyers to specialize early in their careers, there was a trend. In countries [101] specialization [102] has become widespread, many lawyers are dedicated to represent one aspect of a particular area of one of the law, therefore, it is to hear a lawyer personal injury plaintiff's to, in the United States is common [103].
Organization [edit]
Law firm Main article:
Private practice attorney, working in a special company, known as a general law firm, the English court [104] is an exception. The majority of law firms, the range of size is the United States [105], the number of lawyers and more than 50 companies, that it is the exception is a small business to a lawyer of 10 from around the world. U.S., UK and Australia and the [106] the United Kingdom as being the home, also in Australia, is an exception to some of the company has become more than 1,000 lawyers after a wave of mergers in the late 1990s.
In particular, does not work with "law firm" of some states trial lawyers in England and Wales, Australia. The service provides for people who are opposed to the people "in-house" as a public work must be a self-employed, has been. Several management and marketing costs are shared, most of the work of the group known as the "room" or [107] "set". Important effect of organizational structure different is in the court in the same chamber, the chamber at some of the special, is that conflicts are not interested this is common does not occur, and work for both sides with an uppercase letter.
Professional and regulatory organizations [edit]
Required license and membership in professional organizations [edit]
In some jurisdictions, to oversee the regulation of lawyers direct entry into one of the [109] Ministry of Justice or judicial [108], licensing, and.
In other jurisdictions, have granted such authority to the association of professionals must be by order of the court, all belonging to the lawyer of the statute, or tradition. In the United States [110], such an association are known to have required, or as an integrated bar association, that is integrated. In the British Commonwealth, an organization of similar countries, has been known as an inn court, social or legal council bar of the Civil Code [111], orders of the support organization equivalent, support is known as the [112] The name of the Chamber of Commerce and Industry of the University of advocates [113], of the Faculty of Advocates [114], or other similar [115]. In general, non-members, caught may be held liable for unauthorized practice of criminal law to practice law. [116]
And common law countries in the legal profession is split, the barrister and solicitor traditionally belong to (or in the Court) Bar Council, belongs to a society of law. In English speaking countries, the largest professional association of lawyers is mandatory in the 230,000 members, is the bar of California.
In some countries, licensed attorney, to be able to argue its case to the court once all of the land, the lawyer acknowledged at the national level, to adjust. This means that if the United States, Canada, Other This is particularly important [117], those with the federal government, New Zealand tend to regulate lawyers at the local level or state, Japan, a small country like Belgium the [118] is common, [119] Australia, [120], to specify Switzerland, to name a few [121] In. Brazil is the most well-known federal government to regulate lawyers at the national level. [122]
Some in some countries, like Italy, regulate lawyers at the regional level, and [123], as in Belgium, further, they are not equivalent in the local Association of Bar licensed and regulated by the (to adjust them at the local level courts nationwide) are are can be defended in the [124] Germany, the lawyer has been admitted to the bar of the region, (BGH or Bundesgerichtshof) justice of Germany may be displayed on the client before the courts of the country with the exception of federal court; in a strange way, the practice of lawyers to the Federal Constitutional Court and the German federal court best simply to secure admission to the bar of the BGH limits. [125]
In general, geographical constraints, the cause of his client can be troublesome for a lawyer discovers that he needs to sue in court beyond the normal geographic scope of the license. But can have a rule sub-professional HAC special opportunities for the courts of most of these, a lawyer, as well as rule sets and responsibility, another expert yet, possible other differences of procedural law and substantive You need to deal with the.
In some countries, may be displayed on a regular basis on behalf of foreign clients, to grant a non-resident license, to a lawyer. You need to hold the nationality of the country as a prerequisite for jurisdiction or lived in all the other lawyers, receive a license to practice. However, since the 1970s, the trend in developed countries, has been to abolish the citizenship and residence restrictions.
