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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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00 – HOME: CONTENTSABOUT EAB: Contact EAB, Abbreviations & Symbols, FAQ, GLOSSARY, ADs,+.
01 – ABOUT BOATS w/Museum Directory: Early History, Recent History, Modern Vessel Types,+.
02 – BOAT BUILDING, OUTFITTING, REFITTING & REPAIR: Materials, Equipment, Builders,+.
03 – BOAT MARKETING: Boat Shows, Dealers & Brokers, Importing & Exporting, Auctions & Sales,+.
04 – BOAT INSPECTION: Types of Marine Surveys, Marine Surveyors, Schools, DIY Inspections,+.
05 – BOAT TITLES & VESSEL REGISTRY: Boat Title & Registration, Vessel Registry, Title Co's,+.
06 – BOAT FINANCING: Conventional (Banks, Credit Unions,+), Unconventional (Creative),+.
07 – BOAT INSURANCE: Maritime & Recreational: Coverage, Carriers, Agents,+., Claim Processing,+.
08 – BOAT TRANSPORT: By Sea (Piggyback, Delivery Skippers & Crews, & Towing), Over-Land,+.
09 – BOAT HAULING & LAUNCHING: Drydocks, Ways, Lifts, Cranes & Hoists, Launch Ramps,+.
10 – BOAT MOORAGE & STORAGE: Builders, Anchorages, Marinas, Yards, Racks & Stacks,+.
11 – BOATING ORGANIZATIONS: Yacht Clubs & Sailing Clubs, Paddling Clubs, Boat Owners,+.
12 – BOATING & TRAVEL: Events, Destinations, Boat Rentals & Charters, Cruises, Voyages,+.
13 – BOATING & MARITIME EDUCATION: Recreational Seamanship, Ship's Master & Crew,+.
14 – MARINE LAWS & REGULATIONS: International & National LawsLawyers‚ Investigators‚+.
15 – DO-IT-YOURSELF: DIY Boat Building & Repair, DIY Boat Sales, DIY Boat Surveys, DIY Classes,+.
16 – MEDIA w/Creator Directory + Academy eLibrary: pDocs, Books, Magazines, Videos, Websites,+.

The above MAIN TOPICS and a more detailed listing of Subtopics can
be found on the Website Contents page and on the Right Sidebar.


What we have accomplished so far.
Anchors Aweigh Academy and its EverythingAboutBoats.org website.

  • Published over 50,000 website pages about boats and boating, bringing us closer to reaching our goal of becoming "The ultimate reference resource about boats and ships for everyone from the beginning recreational boater to the seasoned professional mariner!"
  • Published over 300 website main topic webpages, many with full articles on the topic. See our Website Contents or the Right Sidebar for the listing of the main topic pages.
  • Published over 9,000 marine vendor webpages, all with their contact information, most with a description of their products and services, many with product documentation, specifications and independent reviews. (incl.: Boat designers, boat building tools, material and equipment manufacturers and suppliers, boat builders and dealers, yacht brokers, marine surveyors, boat insurers, boat transporters, skippers and crews, boatyards and marinas, yacht clubs, boat rentals and yacht charters, boating, seamanship and maritime schools, marine law attorneys and expert witnesses, boat refitters and repairers, book authors, magazine publishers, video producers, and website creators)
  • Acquired over 120,000 pages of product documentation including Catalogs, Brochures, SpecSheets, Pictures, Serial Number Guides, Installation Manuals, OpManuals, Parts Catalogs, Parts Bulletins, Shop Manuals, Wiring Diagrams, Service Bulletins, and Recalls. And have made all viewable to Academy Members through our EAB website eLibrary.
  • Acquired over 1,200 books and magazine back issues in our academy library and so far have made over 700 viewable to Academy Members through our EAB website eLibrary.
  • Published over 500 DIY How-To articles about boat design, construction, inspection, operation, maintenance, troubleshooting and repair. We are working hard to do more.

We are currently formatting and polishing the Anchors Aweigh Academy online and hands-on courses. Our Marine Surveying course has proven to be excellent for both the beginner and the seasoned surveyor, and especially helpful to the Do-It-Yourselfer.


Current Academy Members must SIGN IN to gain FULL access to this
website including expanded pages and valuable Academy programs
like our Academy eLibrary and our Ask-An-Expert Program!

If your membership has expired, CLICK HERE to Renew.

IF YOU ARE NOT YET AN ANCHORS AWEIGH ACADEMY MEMBER,
CLICK HERE to discover how you can become a Member and gain FULL access to
thousands of expanded pages and articles, and dozens of excellent programs
WITH JUST A SMALL DONATION!


Comments for Public Viewing

Submit any comments for public viewing via email To: Comments♣EverthingAboutBoats.org (Replace "♣" with "@")
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All comments are moderated before they appear on this page. See Comment Rules.

General Comments About the Website

FROM Donald: "This is an awesome website. I found the information that I needed right away from one of the over 20,000 free articles that you provide as a public service. I'm surprised that so much if this site is free. But I still signed up so I could access the thousands of expanded pages, interesting articles, and dozens of valuable programs! The member's library of books, magazines and videos that I can view online is really terrific! I understand that you and your staff are all unpaid volunteers. Please keep up the good work. And I commend you for your plans to add another 10,000 free informative articles over the next year. I'm thrilled to support you in this endeavor with my small membership donation. Thanks again for all your hard work."

FROM Huey: "I agree with my Uncle, I too have found the articles to be very enlightening. They say that it will take about 100,000 articles to cover the full scope that they have envisioned for the website. They have over 20,000 articles so far and that's doing pretty well, but it could take several years to get the rest. I also noticed that many of the Main Topic Pages and some of the article pages are still in the rough draft stage. I guess that they will fill in as they can get volunteers to work on them. But what I can't figure out is why anyone would spend the time writing informative in depth articles just to give away free to this website for publication? What's in it for them?"

FROM Dewey: "Well Huey, to me It looks like most of the articles on this website are written by very informed people, like boating instructors, boat designers, boat builders, riggers, electricians, fitters, marine repair technicians and marine surveyors. Writing such articles helps establish them as knowledgeable professionals. After all, this website was originally created by a school for marine technicians and marine surveyors. The website is growing in content every day. They even had to move to a bigger, more powerful server because the website's traffic has been growing exponentially."

FROM Louie: "I agree with everyone above. This site is quickly becoming the ultimate reference resource about every aspect of boats and ships for everyone from the beginning recreational boater to the seasoned professional mariner. I use the topic pages on the right sidebar to browse around the website. It's like a Junior Woodchucks' Guidebook for Boaters. Their Members' Library of over 300 popular and obscure books and over 200 magazine back issues that can be viewed online is fabulous. The Academy's magazine is especially informative. On top of that, there is the "Ask-An-Expert program for members where you can get an expert's answer to any of your boat questions. And a whole years membership is only $25. What a deal! I really love being part of this "Everything About Boats" community and help provide thousands of helpful articles free to the public. I think that I'll sit down right now and write an article about my experiences boating with my uncle."

FROM Scrooge: "You rave about this website like it was the best thing since sliced bread. Well, I think it stinks. Sure, it has a lot of good information for boaters, and they're adding more every day, but it will probably never be finished. Furthermore, I don't even own a boat. And I wouldn't have a boat even if someone gave me one. Boats are a waste of money and time and energy and money! They're just a hole in the water you pour money into. If you gave me a boat, I'd sell it quicker then you could say Baggywrinkle. Then I'd lock up the cash with all my other money so I could keep my eye on it and count it every day. Bah humbug."

FROM Daisy: "I'm just so glad that Donald got the boat so we and the boys could enjoy boating — together. And of course all of the girls, April, May, and June, love to be on the water too, especially when that is where the boys are. Oh poor Scrooge, boating is more fun then you could possibly imagine."

FROM Scrooge: "After seeing how much fun you all have on the water together, I regret that I didn't have that much fun when I was young. I've had a change of heart, and I'm giving each of you a Lifetime Academy Membership."

FROM Editor: "For those of you that have stayed with us this far, many thanks, and we hope that you found this little narrative informative. Your faithful support inspires us to keep working on this phenomenal website. We know that we have a lot more to do. Ultimately, we hope that we can help you enjoy the wonder filled world of boating as much as we do. We are all waiting to see what you have to say about this webpage article. Submit any comments via email To: Comments♣EverythingAboutBoats.org (Replace "♣" with "@"). Be sure to include this page's title in the subject line. Also, your corrections, updates, additions and suggestions are welcomed. Please submit them via email To: Editor♣EverythingAboutBoats.org (Replace "♣" with "@"). It has been truly amazing to see what we have been able to accomplished when we've worked together. Thanks to all those that have donated their valuable time and energy, and a special THANK YOU to all that have supported this cause with their membership donations."

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