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Lawyers presenting oral arguments before the New York Court of Appeals
A lawyer or attorney is a person who practices law, as an advocate, attorney at law, barrister, barrister-at-law, bar-at-law, canonist, canon lawyer, civil law notary, counsel, counselor, solicitor, legal executive, or public servant preparing, interpreting and applying the law, but not as a paralegal or charter executive secretary. 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 hire lawyers to perform legal services. The role of the lawyer varies greatly across different legal jurisdictions.
In practice, legal jurisdictions exercise their right to determine who is recognized as being a lawyer. As a result, the meaning of the term “lawyer” may vary from place to place. Some jurisdictions have two types of lawyers, barrister and solicitors, while others fuse the two. A barrister is a lawyer who specializes in higher court appearances. A solicitor is a lawyer who is trained to prepare cases and give advice on legal subjects and can represent people in lower courts. Both barristers and solicitors have gone through law school, and completed the requisite practical training. However, in jurisdictions where there is a split-profession, only barristers are admitted as members of their respective bar associations.
In New Zealand, a person can only call themselves a lawyer if they have been admitted to the bar and enrolled as a Barrister and Solicitor of the High Court of New Zealand. A Barrister is usually the term used to refer to a lawyer that frequents Court, or a Court lawyer.
In Australia, the word “lawyer” can be used to refer to both barristers and solicitors (whether in private practice or practicing as corporate in-house counsel), and whoever is admitted as a lawyer of the Supreme Court of a state or territory.
In Canada, the word “lawyer” only refers to individuals who have been called to the bar or, in Quebec, have qualified as civil law notaries. Common law lawyers in Canada are formally and properly called “barristers and solicitors”, but should not be referred to as “attorneys”, since that term has a different meaning in Canadian usage, being a person appointed under a power of attorney. However, in Quebec, civil law advocates (or avocats in French) often call themselves “attorney” and sometimes “barrister and solicitor” in English, and all lawyers in Quebec, or lawyers in the rest of Canada when practising in French, are addressed with the honorific title, “Me.” or “Maître”.
In England and Wales, “lawyer” is used to refer to persons who provide reserved and unreserved legal activities and includes practitioners such as barristers, attorneys, solicitors, registered foreign lawyers, patent attorneys, trademark attorneys, licensed conveyancers, public notaries, commissioners for oaths, immigration advisers and claims management services. The Legal Services Act 2007 defines the “legal activities” that may only be performed by a person who is entitled to do so pursuant to the Act. “Lawyer” is not a protected title.
In South Africa, the profession is divided into “advocates” and “attorneys”, having comparable descriptions to “barristers” and “solicitors” in the UK. Advocates spend one year under pupillage and attorneys spend two years under Articles of Clerkship before being admitted in the High Court to the role of advocates or attorneys as the case may be. “Lawyer” is a generic term referring to anyone qualified in law, however, its use is not widespread, especially not within the profession. “Legal practitioner” has gained limited usage with the introduction of the Legal Practice Act 28 of 2014, under which the functions of attorneys and advocates overlap and are less distinct. This is not prevalent, however. “Legal advisor” is commonly used to describe in-house or corporate advisors.
In Pakistan, the term “Advocate” is used instead of lawyer in the Legal Practitioners and Bar Councils Act, 1973.
In India, the term “lawyer” is often commonly used, but the official term is “advocate” as prescribed under the Advocates Act, 1961.
In Scotland, the word “lawyer” refers to a more specific group of legally trained people. It specifically includes advocates and solicitors. In a generic sense, it may also include judges and law-trained support staff.
In the United States, the term generally refers to attorneys who may practice law. It is never used to refer to patent agents or paralegals. In fact, there are statutory and regulatory restrictions on non-lawyers like paralegals practicing law.
Other nations tend to have comparable terms for the analogous concept.
Civil Law vs Common Law: Civil law is a legal system originating in mainland Europe and adopted in much of the world. The civil law system is intellectualized within the framework of Roman law, and with core principles codified into a referable system, which serves as the primary source of law. The civil law system is often contrasted with the common law system, which originated in medieval England, whose intellectual framework historically came from uncodified judge-made case law, and gives precedential authority to prior court decisions. Common law systems are applied in the United States and Canada.
Responsibilities
In most countries, particularly civil law countries, there has been a tradition of giving many legal tasks to a variety of civil law notaries, clerks, and scriveners. These countries do not have “lawyers” in the American sense, insofar as that term refers to a single type of general-purpose legal services provider; rather, their legal professions consist of a large number of different kinds of law-trained persons, known as jurists, some of whom are advocates who are licensed to practice in the courts. It is difficult to formulate accurate generalizations that cover all the countries with multiple legal professions because each country has traditionally had its own peculiar method of dividing up legal work among all its different types of legal professionals.
Notably, England, the mother of the common law jurisdictions, emerged from the Middle Ages with similar complexity in its legal professions, but then evolved by the 19th century to a single division between barristers and solicitors. An equivalent division developed between advocates and procurators in some civil law countries; these two types did not always monopolize the practice of law, in that they 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, merged its jurists in 1990 and 1991 in response to Anglo-American competition. In countries with fused professions, a lawyer is usually permitted to carry out all or nearly all the responsibilities listed below.
- Oral argument in the courts.
- Research and drafting of court papers.
- Advocacy (written and oral) in administrative hearings.
- Client intake and counseling (with regard to pending litigation).
- Legal advice.
- Protecting intellectual property.
- Negotiating and drafting contracts.
- Conveyancing.
- Carrying out the intent of the deceased.
- Prosecution and defense of criminal suspects.
Education
The educational prerequisites for becoming a lawyer vary greatly from country to country. In some countries, law is taught by a faculty of law, which is a department of a university’s general undergraduate college. Law students in those countries pursue a Master or Bachelor of Laws degree. In some countries it is common or even required for students to earn another bachelor’s degree at the same time. It is often followed by a series of advanced examinations, apprenticeships, and additional coursework at special government institutes.
In other countries, particularly the UK and U.S.A., law is primarily taught at law schools. In America, the American Bar Association decides which law schools to approve and thereby which ones are deemed most respectable. In England and Wales, the Bar Professional Training Course (BPTC) must be taken to have the right to work and be named as a barrister. Students who decide to pursue a non-law subject at degree level can instead study the Graduate Diploma in Law (GDL) after their degrees, before beginning the Legal Practice Course (LPC) or BPTC. In the United States and countries following 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 universities but a few are independent institutions. Law schools in the United States and Canada (with the exception of McGill University) award graduating students a J.D. (Juris Doctor/Doctor of Jurisprudence) (as opposed to the Bachelor of Laws) as the practitioner’s law degree. Many schools also offer post-doctoral law degrees such as the LL.M (Legum Magister/Master of Laws), or the S.J.D. (Scientiae Juridicae Doctor/Doctor of Juridical Science) for students interested in advancing their research knowledge and credentials in a specific area of law.
The methods and quality of legal education vary widely. Some countries require extensive clinical training in the form of apprenticeships or special clinical courses. Others, like Venezuela, do not. A few countries prefer to teach through assigned readings of judicial opinions (the casebook method) followed by intense in-class cross-examination by the professor (the Socratic method). Many others have only 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 upon the country, a typical class size could range from five students in a seminar to five hundred in a giant lecture room. In the United States, law schools maintain small class sizes, and as such, grant admissions on a more limited and competitive basis.
Some countries, particularly industrialized ones, have a traditional preference for full-time law programs, while in developing countries, students often work full- or part-time to pay the tuition and fees of their part-time law programs.
Law schools in developing countries share several common problems, such as an over reliance on practicing judges and lawyers who treat teaching as a part-time hobby (and a concomitant scarcity of full-time law professors); incompetent faculty with questionable credentials; and textbooks that lag behind the current state of the law by two or three decades.
Earning the right to practice law
Some jurisdictions grant a “diploma privilege” to certain institutions, so that merely earning a degree or credential from those institutions is the primary qualification for practicing law. Mexico allows anyone with a law degree to practice law. However, in a large number of countries, a law student must pass a bar examination (or a series of such examinations) before receiving a license to practice. In a handful of U.S. states, one may become an attorney (a so-called country lawyer) by simply “reading law” and passing the bar examination, without having to attend law school first (although very few people actually become lawyers that way).
Some countries require a formal apprenticeship with an experienced practitioner, while others do not. For example, in South Africa it is required that in addition to obtaining an LL.B degree that person has to complete a year of pupillage under an experienced Advocate and have to be admitted to the bar to practice as an Advocate. Holders of an LL.B must have completed two years of clerkship under a principal Attorney (known as Articles) and passed all four board exams to be admitted as an “Attorney” and refer to themselves as such. A few jurisdictions still allow an apprenticeship in place of any kind of formal legal education (though the number of persons who actually become lawyers that way is increasingly rare).
In some jurisdictions, either the judiciary or the Ministry of Justice directly supervises the admission, licensing, and regulation of lawyers.
Other jurisdictions, by statute, tradition, or court order, have granted such powers to a professional association which all lawyers must belong to. In the U.S., such associations are known as mandatory, integrated, or unified bar associations. In the Commonwealth of Nations, similar organizations are known as Inns of Court, bar councils or law societies. In civil law countries, comparable organizations are known as Orders of Advocates, Chambers of Advocates, Colleges of Advocates, Faculties of Advocates, or similar names. Generally, a nonmember caught practicing law may be liable for the crime of unauthorized practice of law.
From Wikipedia/Lawyer.
From Wikipedia/Civil.
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