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Encyclopedia > Lawyer

A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person licensed to practice law."[1] Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain stability, and deliver 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 (i.e., hire) lawyers to perform legal services. Image File history File links Mergefrom. ... Definition Corporate lawyer. ... Binomial name Lota lota Linnaeus, 1758 The burbot (Lota lota) is a freshwater fish related to the cods. ... Blacks Law Dictionary, 7th edition Blacks Law Dictionary is the definitive law dictionary for the law of the United States. ... For information on the type of fish called Lawyer, see the article on Burbot. ... For other uses, see Law (disambiguation). ... Look up sovereign in Wiktionary, the free dictionary. ... This article is about the concept of justice. ...


The role of the lawyer varies significantly across legal jurisdictions, and therefore can be treated here in only the most general terms.[2] More information is available in country-specific articles (see below).

Contents

Terminology

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.

  • In Australia, the word "lawyer" is used to refer to both barristers and solicitors (whether in private practice or practising as corporate in-house counsel) but not people who do not practice the law.
  • In England, "lawyer" is used loosely to refer to a broad variety of law-trained persons. It includes practitioners such as barristers, solicitors, legal executives and licensed conveyancers; and people who are involved with the law but do not practice it on behalf of individual clients, such as judges, court clerks, and drafters of legislation.
  • 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 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 may also be known as "barristers and solicitors", but should not be referred to as "attorneys", since that term has a different meaning in Canadian usage. However, in Quebec, civil law advocates (or avocats in French) often call themselves "attorney" and sometimes "barrister and solicitor".
  • In the United States of America, the term generally refers to attorneys who may practice law.
  • Other nations tend to have comparable terms for the analogous concept.

For the musician, see Sikiru Ayinde Barrister. ... A solicitor is a type of lawyer in many common law jurisdictions, such as the United Kingdom, Hong Kong, Republic of Ireland, Australia, New Zealand and Canada, and in a few regions of the United States. ... For other uses, see England (disambiguation). ... For the musician, see Sikiru Ayinde Barrister. ... A solicitor is a type of lawyer in many common law jurisdictions, such as the United Kingdom, Hong Kong, Republic of Ireland, Australia, New Zealand and Canada, and in a few regions of the United States. ... Legal Executives are qualified lawyers in England and Wales who specialise in a particular area of law. ... A Licensed Conveyancer is a lawyer in the United Kingdom or Australia who has been trained to deal with all aspects of property law. ... This article is about the country. ... An advocate is one who speaks on behalf of another, especially in a legal context, and particularly in reference to the system of Scots law. ... In the United Kingdom and countries having a similar legal system the legal profession is divided into two kinds of lawyers: the solicitors who contact and advise clients, and barristers who argue cases in court. ... In England and Wales, barristers (i. ... This article is about the Canadian province. ... Motto: (traditional) In God We Trust (official, 1956–present) Anthem: The Star-Spangled Banner Capital Washington, D.C. Largest city New York City Official language(s) None at the federal level; English de facto Government Federal Republic  - President George W. Bush (R)  - Vice President Dick Cheney (R) Independence - Declared - Recognized... For information on the type of fish called Lawyer, see the article on Burbot. ... In its most general sense, the practice of law involves giving legal advice to clients, drafting legal documents for clients, and representing clients in legal negotiations and court proceedings such as lawsuits, and is applied to the professional services of a lawyer or Attorney at Law, barrister, solicitor or civil...

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.[3] 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;[4] rather, their legal professions consist of a large number of law-trained persons, known as jurists, of which only some are advocates who are licensed to practice in the courts.[5][6] 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.[7] For other uses of civil law, see civil law. ... 16th century painting of a civil law notary, by Flemish painter Quentin Massys Civil law notaries are trained jurists who often receive the same training as advocating jurists — those with a legal education who become litigators such as barristers in England and Wales and Northern Ireland or avocats in France... A jurist is a professional who studies, develops, applies or otherwise deals with the law. ...


Notably, England, the mother of the common law jurisdictions, emerged from the Dark Ages with similar complexity in its legal professions, but then evolved by the 19th century to a single dichotomy between barristers and solicitors. An equivalent dichotomy developed between advocates and procurators in some civil law countries, though these two types did not always monopolize the practice of law as much as barristers and solicitors, in that they always coexisted with civil law notaries.[8][9][10] For other uses, see England (disambiguation). ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Petrarch, who conceived the idea of a European Dark Age. From Cycle of Famous Men and Women, Andrea di Bartolo di Bargillac, c. ... For the musician, see Sikiru Ayinde Barrister. ... A solicitor is a type of lawyer in many common law jurisdictions, such as the United Kingdom, Hong Kong, Republic of Ireland, Australia, New Zealand and Canada, and in a few regions of the United States. ...


Several countries that originally had two or more legal professions have since fused or united their professions into a single type of lawyer.[11][12][13][14] Most countries in this category are common law countries, though France, a civil law country, merged together its jurists in 1990 and 1991 in response to Anglo-American competition.[15] In countries with fused professions, a lawyer is usually permitted to carry out all or nearly all the responsibilities listed below. Fused profession is a term relating to jurisdictions where the legal profession is not divided between barristers and solicitors. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...


Oral argument in the courts

Arguing a client's case before a judge or jury in a court of law is the traditional province of the barrister in England. However, the boundary between barristers and solicitors has evolved. In England today, the barrister monopoly covers only appellate courts, and barristers must compete directly with solicitors in many trial courts.[16] In countries like the United States that have fused legal professions, there are trial lawyers who specialize in trying cases in court, but trial lawyers do not have a de jure monopoly like barristers. This article does not cite any references or sources. ... An empty jury box in an American courtroom For jury meaning makeshift, see jury rig. ... For information on the type of fish called Lawyer, see the article on Burbot. ...


In some countries, litigants have the option of arguing pro se, or on their own behalf. It is common for litigants to appear unrepresented before certain courts like small claims courts; indeed, many such courts do not allow lawyers to speak for their clients, in an effort to save money for all participants in a small case.[17] In other countries, like Venezuela, no one may appear before a judge unless represented by a lawyer.[18] The advantage of the latter regime is that lawyers are familiar with the court's customs and procedures, and make the legal system more efficient for all involved. Unrepresented parties often damage their own credibility or slow the court down as a result of their inexperience.[19][20] Pro se is a Latin adjective meaning for self, that is applied to someone who represents himself (or herself) without a lawyer in a court proceeding, whether as a defendant or a plaintiff and whether the matter is civil or criminal. ... For the Australian television movies see Small Claims. ...


Research and drafting of court papers

Often, lawyers brief a court in writing on the issues in a case before the issues can be orally argued. They may have to perform extensive research into relevant facts and law while drafting legal papers and preparing for oral argument.


In England, a solicitor gets the facts of the case from the client and briefs a barrister in writing. The barrister then researches, drafts, and files the necessary court pleadings, and orally argues the case.[21]


In Spain, the procurator merely signs and presents the papers to the court, but it is the advocate who drafts the papers and argues the case.[22]


In some countries, like Japan, a scrivener or clerk may fill out court forms and draft simple papers for lay persons who cannot afford or do not need attorneys, and advise them on how to manage and argue their own cases.[23] Telling a problem to a public scrivener. ...


Advocacy (written and oral) in administrative hearings

In most developed countries, the legislature has granted original jurisdiction over highly technical matters to executive branch administrative agencies which oversee such things. As a result, some lawyers have become specialists in administrative law. In a few countries, there is a special category of jurists with a monopoly over this form of advocacy; for example, France formerly had conseil juridiques (who were merged into the main legal profession in 1991).[24] In other countries, like the United States, lawyers have been effectively barred by statute from certain types of administrative hearings in order to preserve their informality.[25] This does not cite any references or sources. ... The executive is the branch of a government charged with implementing, or executing, the law and running the day-to-day affairs of the government or state. ... Administrative law in the United States often relates to, or arises from, so-called independent agencies- such as the Federal Trade Commission (FTC). Here is FTCs headquarters in Washington D.C. Administrative law (or regulatory law) is the body of law that arises from the activities of administrative agencies...


Client intake and counseling (with regard to pending litigation)

An important aspect of a lawyer's job is developing and managing relationships with clients (or the client's employees, if the lawyer works in-house for a government or corporation). The client-lawyer relationship often begins with an intake interview where the lawyer gets to know the client personally, discovers the facts of the client's case, clarifies what the client wants to accomplish, shapes the client's expectations as to what actually can be accomplished, begins to develop various claims or defenses, and explains his or her fees to the client.[26][27]


In England, only solicitors were traditionally in direct contact with the client.[28] The solicitor retained a barrister if one was necessary and acted as an intermediary between the barrister and the client. In most cases a barrister would be obliged, under what is known as the "cab rank rule", to accept instructions for a case in an area in which they held themselves out as practising, at a court at which they normally appeared and at their usual rates.[29][30]


Legal advice (with regard to all legal matters)

Legal advice is the application of abstract principles of law to the concrete facts of the client's case in order to advise the client 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 lawsuit is contemplated or is in progress.[31][32][33] Therefore, even conveyancers and corporate in-house counsel must first get a license to practice, though they may actually spend very little of their careers in court. Failure to obey such a rule is the crime of unauthorized practice of law. Legal advice is the giving of a formal and binding opinion regarding the substance or procedure of the law in exchange for financial or other compensation. ... Consideration is something that is done or promised in return for a contractual promise. ... In its most general sense, the practice of law involves giving legal advice to clients, drafting legal documents for clients, and representing clients in legal negotiations and court proceedings such as lawsuits, and is applied to the professional services of a lawyer or Attorney at Law, barrister, solicitor or civil...


In other countries, jurists who hold law degrees are allowed to provide legal advice to individuals or to corporations, and it is irrelevant if they lack a license and cannot appear in court.[34][35] Some countries go further; in England and Wales, there is no general prohibition on the giving of legal advice.[36] Sometimes civil law notaries are allowed to give legal advice, as in Belgium.[37] In many countries, non-jurist accountants may provide what is technically legal advice in tax and accounting matters.[38]


Protecting intellectual property

In virtually all countries, patents, trademarks, industrial designs and other forms of intellectual property must be formally registered with a government agency in order to receive maximum protection under the law. The division of such work among lawyers, licensed non-lawyer jurists/agents, and ordinary clerks or scriveners varies greatly from one country to the next.[39][40] For other uses, see Patent (disambiguation). ... “(TM)” redirects here. ... Industrial design rights are intellectual property rights that protect the visual design of objects that are not purely utilitarian. ... For the 2006 film, see Intellectual Property (film). ...


Negotiating and drafting contracts

In some countries, the negotiating and drafting of contracts is considered to be similar to the provision of legal advice, so that it is subject to the licensing requirement explained above.[41] In others, jurists or notaries may negotiate or draft contracts.[42]


Lawyers in some civil law countries traditionally deprecated "transactional law" or "business law" as beneath them. French law firms developed transactional departments only in the 1990s when they started to lose business to international firms based in the United States and the United Kingdom (where solicitors have always done transactional work).[43]


Conveyancing

Conveyancing is the drafting of the documents necessary for the transfer of real property, such as deeds and mortgages. In some jurisdictions, all real estate transactions must be carried out by a lawyer (or a solicitor where that distinction still exists).[44] Such a monopoly is quite valuable from the lawyer's point of view; historically, conveyancing accounted for about half of English solicitors' income (though this has since changed),[45] and a 1978 study showed that conveyancing "accounts for as much as 80 percent of solicitor-client contact in New South Wales."[46] In most common law jurisdictions outside of the United States, this monopoly arose from an 1804 law[47] that was introduced by William Pitt the Younger as a quid pro quo for the raising of fees on the certification of legal professionals such as barristers, solicitors, attorneys and notaries.[48] This article does not cite any references or sources. ... An English deed written on fine parchment or vellum with seal tag dated 1638. ... This article is about the legal mechanism used to secure property in favor of a creditor. ... Real estate is a legal term that encompasses land along with anything permanently affixed to the land, such as buildings. ... NSW redirects here. ... William Pitt the Younger (28 May 1759 – 23 January 1806) was a British politician of the late eighteenth and early nineteenth centuries. ... Quid pro quo (Latin for something for something [1]) indicates a more-or-less equal exchange or substitution of goods or services. ...


In others, the use of a lawyer is optional and banks, title companies, or realtors may be used instead.[49] In some civil law jurisdictions, real estate transactions are handled by civil law notaries.[50] In England and Wales a special class of legal professional, the Licensed Conveyancer is also allowed to carry out conveyancing services for reward. Realtor is a U.S. registered trademark that identifies a real estate professional who is a member of the National Association of Realtors (NAR) and subscribes to its Code of Ethics. ... A Licensed Conveyancer is a lawyer in the United Kingdom or Australia who has been trained to deal with all aspects of property law. ...


Carrying out the intent of the deceased

In many countries, only lawyers have the legal authority to do drafting of wills, trusts, and any other documents that ensure the efficient disposition of a person's property after death. In some civil law countries this responsibility is handled by civil law notaries.[51] In the common law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ... In common law legal systems, a trust is a contractual relationship in which a person or entity (the trustee) has legal title to certain property (the trust property or trust corpus), but is bound by a fiduciary duty to exercise that legal control for the benefit of one or more...


In the United States, the estates of the deceased must be administered by a court through probate. American lawyers have a profitable monopoly on dispensing advice about probate law (which has been heavily criticized).[52] Probate is the legal process of settling the estate of a deceased person; specifically, resolving all claims and distributing the decedents property. ...


Prosecution and defense of criminal suspects

In many civil law countries, prosecutors are trained and employed as part of the judiciary; they are law-trained jurists, but may not necessarily be lawyers in the sense that the word is used in the common law world.[53] In common law countries, prosecutors are usually lawyers holding regular licenses who simply happen to work for the government office that files criminal charges against suspects. Criminal defense lawyers specialize in the defense of those charged with any crimes. The prosecutor is the chief legal representative of the prosecution in countries adopting the common law adversarial system or the civil law inquisitorial system. ...


Education

Main article: Legal education

The educational prerequisites to 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.[54] 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. Nor is the LL.B the sole obstacle; it is often followed by a series of advanced examinations, apprenticeships, and additional coursework at special government institutes.[55] Legal education is the education of individuals who intend to become legal professionals (attorneys and judges) or those who simply intend to use their law degree to some end, either related to law (such as politics or academic) or unrelated (such as business entrepreneurship). ... Faculty of law is another name for a law school or school of law, the terms commonly used in the United States. ... The Master of Laws is an advanced law degree, commonly abbreviated LL.M. (also LLM or LL.M) from its Latin name, Legum Magister. ... The degree of Bachelor of Laws is the principal academic degree in law in the majority of common law countries other than the United States, where it has been replaced by the Juris Doctor degree. ...


In other countries, particularly the United States, law is primarily taught at law schools. In the United States[56] and countries following the American model, (such as Canada[57] 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 some in Canada and elsewhere) award graduating students a J.D. (Juris Doctor/Doctor of Jurisprudence) (as opposed to the Bachelor of Laws) as the practitioner's law degree. However, like other professional doctorates (including the M.D.), the J.D. is not the exact equivalent of the Ph.D., since it does not require the submission of a full dissertation based on original research. 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 the Science of Law) for students interested in advancing their knowledge and credentials in a specific area of law. // A law school is an institution where future lawyers obtain legal degrees. ... J.D. redirects here. ... The degree of Bachelor of Laws is the principal academic degree in law in the majority of common law countries other than the United States, where it has been replaced by the Juris Doctor degree. ...


The methods and quality of legal education vary widely. Some countries require extensive clinical training in the form of apprenticeships or special clinical courses.[58] Others do not, like Venezuela.[59] 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).[60][61] 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).[62][63][64] 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.[65] The casebook method, also known as the case method, is the primary method of teaching law in law schools in the United States. ... Socratic Method (or Method of Elenchus or Socratic Debate) is a dialectic method of inquiry, largely applied to the examination of key moral concepts and first described by Plato in the Socratic Dialogues. ...


Some students have a preference for full-time law programs,[66] while others often work full- or part-time to pay the tuition and fees of their part-time law programs.[67][68]


Law schools in developing countries share several common problems, such as an overreliance on practicing judges and lawyers who treat teaching as a part-time hobby (and a concomitant scarcity of full-time law professors);[69][70] incompetent faculty with questionable credentials;[71] and textbooks that lag behind the current state of the law by two or three decades.[72][73]


Earning the right to practice law

Main articles: Call to the bar and Admission to the bar

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.[74] Mexico allows anyone with a law degree to practice law.[75] 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.[74][76][77] In a handful of U.S. states, one may become an attorney by simply passing the bar examination, without having to attend law school first (though very few people actually become lawyers that way).[78] The Call to the Bar is a legal term of art in most common law jurisdictions. ... In the United States, admission to the bar is permission granted to a lawyer to practice law. ... The diploma privilege is a method for lawyers to be admitted to the bar without taking a bar examination. ... A bar examination is an examination to determine whether a candidate is qualified to practice law in a given jurisdiction. ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  US Government Portal      A U.S. state is any one of the fifty subnational entities of...


Some countries require a formal apprenticeship with an experienced practitioner, while others do not. For example, 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).[79]


Career structure

U.S. President Abraham Lincoln is a famous example of a lawyer-turned-politician.
U.S. President Abraham Lincoln is a famous example of a lawyer-turned-politician.

The career structure of lawyers varies widely from one country to the next. Image File history File links Download high resolution version (2850x3742, 1215 KB) Description Abraham Lincoln, 16th President of the United States of America. ... Image File history File links Download high resolution version (2850x3742, 1215 KB) Description Abraham Lincoln, 16th President of the United States of America. ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  US Government Portal      For other uses, see President of the United States (disambiguation). ... For other uses, see Abraham Lincoln (disambiguation). ...


Common law/civil law

In most common law countries, especially those with fused professions, lawyers have many options over the course of their careers. Besides private practice, they can always aspire to becoming a prosecutor, government counsel, corporate in-house counsel, administrative law judge, judge, arbitrator, law professor, or politician.[80] There are also many non-legal jobs which legal training is good preparation for, such as corporate executive, government administrator, investment banker, entrepreneur, or journalist.[81] In developing countries like India, a large majority of law students never actually practice, but simply use their law degree as a foundation for careers in other fields.[82] The prosecutor is the chief legal representative of the prosecution in countries adopting the common law adversarial system or the civil law inquisitorial system. ... An administrative law judge (ALJ) in the United States is an official who presides at an administrative trial-type hearing. ... This article does not cite any references or sources. ... Arbitration, in the law, is a form of alternative dispute resolution — specifically, a legal alternative to litigation whereby the parties to a dispute agree to submit their respective positions (through agreement or hearing) to a neutral third party (the arbitrator(s) or arbiter(s)) for resolution. ... A law professor is a professor at a law school. ... The Politics series Politics Portal This box:      A politician is an individual who is a formally recognized and active member of a government, or a person who influences the way a society is governed through an understanding of political power and group dynamics. ... It has been suggested that this article or section be merged into Corporate title. ... An investment banker works for an investment bank. ... An entrepreneur (a loanword from French introduced and first defined by the Irish economist Richard Cantillon) is a person who operates a new enterprise or venture and assumes some accountability for the inherent risks. ... For other uses, see Journalist (disambiguation). ...


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 hard to cross. After one earns a law degree, career mobility may be severely constrained. For example, unlike their American counterparts,[83] it is difficult for German judges to leave the bench and become advocates in private practice.[84] Another interesting example is France, where for much of the 20th century, all magistrates were graduates of an elite professional school for judges. Although the French magistracy has begun experimenting with the Anglo-American model of appointing judges from accomplished advocates, the few advocates who have actually joined the bench this way are looked down upon by their colleagues who have taken the traditional route to magistracy.[85]


In a few civil law countries, such as Sweden,[86] the legal profession is not rigorously bifurcated and everyone within it can easily change roles and arenas.


Specialization

In many countries, lawyers are general practitioners who will take almost any kind of case that walks in the door.[87] In others, there has been a tendency since the start of the 20th century for lawyers to specialize early in their careers.[88][89] In countries where specialization is prevalent, many lawyers specialize in representing one side in one particular area of the law; thus, it is common in the United States to hear of plaintiffs' personal injury attorneys.[90]


Organization

Main article: Law firm

Lawyers in private practice generally work in specialized businesses known as law firms,[91] with the exception of English barristers. The vast majority of law firms worldwide are small businesses that range in size from 1 to 10 lawyers.[92] The United States, with its large number of firms with more than 50 lawyers, is an exception.[93] The United Kingdom and Australia are also exceptions, as the UK, Australia and the U.S. are now home to several firms with more than 1,000 lawyers after a wave of mergers in the late 1990s. A law firm is a business entity formed by one or more lawyers to engage in the practice of law. ... In economics, a business is a legally-recognized organizational entity existing within an economically free country designed to sell goods and/or services to consumers, usually in an effort to generate profit. ... A law firm is a business entity formed by one or more lawyers to engage in the practice of law. ... Mom and pop store redirects here. ...


Notably, barristers 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 "in house" — are required to be self-employed.[94] Most work in groupings known as "sets" or "chambers", where some administrative and marketing costs are shared. An important effect of this different organizational structure is that there is no conflict of interest where barristers in the same chambers work for opposing sides in a case, and in some specialised chambers this is commonplace. For the musician, see Sikiru Ayinde Barrister. ...


Professional associations and regulation

Mandatory licensing and membership in professional organizations

In some jurisdictions, either the judiciary[95] or the Ministry of Justice[96] 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.[97] 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.[98] In civil law countries, comparable organizations are known as Orders of Advocates,[99] Chambers of Advocates,[100] Colleges of Advocates,[101] Faculties of Advocates,[102] or similar names. Generally, a nonmember caught practicing law may be liable for the crime of unauthorized practice of law.[103] This article does not cite any references or sources. ... Combined arms of the four Inns of Court. ... A bar council in a Commonwealth country is a professional body that regulates the profession of barristers together with the Inns of Court. ... The Law Society of England and Wales is the professional association that regulates and represents the solicitors profession in England and Wales. ... In its most general sense, the practice of law involves giving legal advice to clients, drafting legal documents for clients, and representing clients in legal negotiations and court proceedings such as lawsuits, and is applied to the professional services of a lawyer or Attorney at Law, barrister, solicitor or civil...


In common law countries with divided legal professions, barristers traditionally belong to the bar council (or an Inn of Court) and solicitors belong to the law society. In the English-speaking world, the largest mandatory professional association of lawyers is the State Bar of California, with 200,000 members. The State Bars main office in San Francisco is housed on several floors of this office building The State Bar of California is Californias official bar association. ...


Some countries admit and regulate lawyers at the national level, so that a lawyer, once licensed, can argue cases in any court in the land. This is common in small countries like New Zealand, Japan, and Belgium.[104] Others, especially those with federal governments, tend to regulate lawyers at the state or provincial level; this is the case in the United States,[105] Canada,[106] Australia,[107] and Switzerland,[108] to name a few. Brazil is the most well-known federal government that regulates lawyers at the national level.[109]


Some countries, like Italy, regulate lawyers at the regional level,[110] and a few, like Belgium, even regulate them at the local level (that is, they are licensed and regulated by the local equivalent of bar associations but can advocate in courts nationwide).[111] In Germany, lawyers are admitted to regional bars and may appear for clients before all courts nationwide with the exception of the Federal Court of Justice of Germany (Bundesgerichthof or BGH); oddly, securing admission to the BGH's bar limits a lawyer's practice solely to the supreme federal courts and the Federal Constitutional Court of Germany.[112] The Bundesgerichtshof or BGH (German for federal court) is the highest appeals court in Germany for cases of civil and criminal law. ... The Bundesverfassungsgericht The Federal Constitutional Court (in German: Bundesverfassungsgericht, BVerfG) is a special court established by the German constitutional document, the Grundgesetz (Basic Law). ...


Generally, geographic limitations can be troublesome for a lawyer who discovers that his client's cause requires him to litigate in a court beyond the normal geographic scope of his license. Although most courts have special pro hac vice rules for such occasions, the lawyer will still have to deal with a different set of professional responsibility rules, as well as the possibility of other differences in substantive and procedural law. Pro hac vice, Latin for for this occassion or for this event, is a legal term usually referring to a lawyer who has not been admitted to practice in a certain jurisdiction, but has been allowed to participate in a particular case in that jurisdiction. ... Professional responsibility is the area of legal practice that encompasses the duties of attorneys to act in a professional manner, obey the law, avoid conflicts of interest, and put the interests of clients ahead of their own interests. ...


Some countries grant licenses to non-resident lawyers, who may then appear regularly on behalf of foreign clients. Others require all lawyers to live in the jurisdiction or to even hold national citizenship as a prerequisite for receiving a license to practice. But the trend in industrialized countries since the 1970s has been to abolish citizenship and residency restrictions. For example, the Supreme Court of Canada struck down a citizenship requirement on equality rights grounds in 1989,[113] and similarly, American citizenship and residency requirements were struck down as unconstitutional by the U.S. Supreme Court in 1973 and 1985, respectively.[114] The European Court of Justice made similar decisions in 1974 and 1977 striking down citizenship restrictions in Belgium and France.[115] The Supreme Court of Canada (French: Cour suprême du Canada) is the highest court of Canada and is the final court of appeal in the Canadian justice system. ... The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... Official emblem of the ECJ The Court of Justice of the European Communities, usually called the European Court of Justice (ECJ), is the highest court in the European Union (EU). ...


Who regulates lawyers

A key difference among countries is whether lawyers should be regulated solely by an independent judiciary and its subordinate institutions (a self-regulating legal profession), or whether lawyers should be subject to supervision by the Ministry of Justice in the executive branch. The Justice Minister is a cabinet position in a government. ... The executive is the branch of a government charged with implementing, or executing, the law and running the day-to-day affairs of the government or state. ...


In most civil law countries, the government has traditionally exercised tight control over the legal profession in order to ensure a steady supply of loyal judges and bureaucrats. That is, lawyers were expected first and foremost to serve the state, and the availability of counsel for private litigants was an afterthought.[116] Even in civil law countries like Norway which have partially self-regulating professions, the Ministry of Justice is the sole issuer of licenses, and makes its own independent re-evaluation of a lawyer's fitness to practice after a lawyer has been expelled from the Advocates' Association.[117] Brazil is an unusual exception in that its national Order of Advocates has become a fully self-regulating institution (with direct control over licensing) and has successfully resisted government attempts to place it under the control of the Ministry of Labor.[118][119]


Of all the civil law countries, Communist countries historically went the farthest towards total state control, with all Communist lawyers forced to practice in collectives by the mid-1950s.[120][121]


In contrast, common law lawyers have traditionally regulated themselves through institutions where the influence of non-lawyers, if any, was weak and indirect (despite nominal state control).[122] Such institutions have been traditionally dominated by private practitioners who opposed strong state control of the profession on the grounds that it would endanger the ability of lawyers to zealously and competently advocate their clients' causes in the adversarial system of justice.[123] The adversarial system (or adversary system) of law is the system of law, generally adopted in common law countries, that relies on the skill of each advocate representing his or her partys positions and involves a neutral person, usually the judge, trying to determine the truth of the case. ...


However, the concept of the self-regulating profession has been criticized as a sham which serves to legitimize the professional monopoly while protecting the profession from public scrutiny.[124] Disciplinary mechanisms have been astonishingly ineffective, and penalties have been light or nonexistent.[125][126][127]


Voluntary associations of lawyers

Lawyers are always free to form voluntary associations of their own, apart from any licensing or mandatory membership that may be required by the laws of their jurisdiction. Like their mandatory counterparts, such organizations may exist at all geographic levels.[128][129] In American English, such associations are known as voluntary bar associations.[130] The largest voluntary professional association of lawyers in the English-speaking world is the American Bar Association. American Bar Associations Washington, DC office The American Bar Association (ABA) is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. ...


In some countries, like France and Italy, lawyers have also formed trade unions.[131] The Lawrence textile strike (1912), with soldiers surrounding peaceful demonstrators A trade union or labor union is an organization of workers who have banded together to achieve common goals in key areas such as wages, hours, and working conditions, forming a cartel of labour. ...


Criticism 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 systems could not function efficiently without lawyers.[132] Complaints about too many lawyers were common in both England and the United States in the 1840s[133][134] Germany in the 1910s,[135] and in Australia,[136] Canada,[137] the United States,[138][139][140] and Scotland[141] in the 1980s. For other uses, see Prussia (disambiguation). ... // First use of general anesthesia in an operation, by Crawford Long The first electrical telegraph sent by Samuel Morse on May 24, 1844 from Baltimore to Washington, D.C.. First signing of the Treaty of Waitangi (Te Tiriti o Waitangi) on February 6, 1840 at Waitangi, Northland New Zealand. ... // The 1910s represent the culmination of European militarism which had its beginnings during the second half of the 19th Century. ... This article is about the country. ... The 1980s refers to the years from 1980 to 1989. ...


Public distrust of lawyers reached record heights in the United States after the Watergate scandal.[142][140] In the aftermath of Watergate, legal self-help books became popular among those who wished to solve their legal problems without having to deal with lawyers.[143] Lawyer jokes (already a perennial favorite) also soared in popularity in English-speaking North America as a result of Watergate.[144] In 1989, American legal self-help publisher Nolo Press published a 171-page compilation of negative anecdotes about lawyers from throughout human history.[145] Watergate redirects here. ... Lawyer jokes are a species of professional humor and reflect the exasperation of the general public with the cost, uncertainty and delay of the legal system, at least in the U.S., where there are estimated to be about 2 million law school graduates (not all of whom are practicing... The English language is a West Germanic language that originates in England. ... North American redirects here. ... Nolo Press is a pioneering book publisher in Berkeley, California that produces do it yourself legal books that reduced the need for people to hire lawyers for making wills or writing business partnership contracts. ...


A 2004 comparative study examined the various legal professions around the world and noted a "remarkable consistency" in complaints about lawyers that transcends both time and locale.[146] The authors then generalized the most common complaints about lawyers as follows:

  • abuse of litigation in various ways, including using dilatory tactics and false evidence and making frivolous arguments to the courts;
  • preparation of false documentation, such as false deeds, contracts, or wills;
  • deceiving clients and other persons and misappropriating property;
  • procrastination in dealings with clients; and
  • charging excessive fees.[147]

Compensation

Main article: Attorney's fee

Lawyers are paid for their work in a variety of ways. In private practice, they may work for an hourly fee according to a billable hour structure,[148] a contingency fee[149] (usually in cases involving personal injury), or a lump sum payment if the matter is straightforward. Normally, most lawyers negotiate a written fee agreement up front and may require a non-refundable retainer in advance. In many countries there are fee-shifting arrangements by which the loser must pay the winner's fees and costs; the United States is the major exception,[150] although in turn, its legislators have carved out many exceptions to the so-called "American Rule" of no fee shifting. Attorneys fees or attorneys fees are the costs of legal representation that an attorneys client or a party to a lawsuit incurs. ... A contingent fee in the United States or conditional fee in the United Kingdom is any fee for services provided where the fee is only payable if there is a favourable result. ... A personal injury occurs when a person has suffered some form of injury, either physical or psychological, as the result of an accident. ... An advance payment, or simply an advance, is the part of a contractually due sum that is paid in advance, while the balance will only follow after receipt on the counterpart in goods or services. ...


Lawyers working directly on the payroll of governments, nonprofits, and corporations usually earn a regular annual salary.[151] In many countries, with the notable exception of Germany,[152] lawyers can also volunteer their labor in the service of worthy causes through an arrangement called pro bono (for the common good).[153] Traditionally such work was performed on behalf of the poor, but in some countries it has now expanded to many other causes like the natural environment. Pro bono is a phrase derived from Latin meaning for the good. The complete phrase is pro bono publico, for the public good. It is used to designate legal or other professional work undertaken voluntarily and without payment, as a public service. ... This article is about the natural environment. ...


In some countries, there are legal aid lawyers who specialize in providing legal services to the indigent.[154][155] France and Spain even have formal fee structures by which lawyers are compensated by the government for legal aid cases on a per-case basis.[156] A similar system, though not as extensive or generous, operates in Australia, Canada, as well as South Africa.[citation needed] Most liberal democracies consider that it is necessary to provide some level of legal aid to persons otherwise unable to afford legal representation. ...


In other countries, legal aid specialists are practically nonexistent. This may be because non-lawyers are allowed to provide such services; in both Italy and Belgium, trade unions and political parties provide what can be characterized as legal aid services.[157] Some legal aid in Belgium is also provided by young lawyer apprentices subsidized by local bar associations (known as the pro deo system), as well as consumer protection nonprofit organizations and Public Assistance Agencies subsidized by local governments.[158] In Germany, mandatory fee structures have enabled widespread implementation of affordable legal expense insurance.[159]


History

16th century painting of a civil law notary, by Flemish painter Quentin Massys. A civil law notary is roughly analogous to a common law solicitor, except that, unlike solicitors, civil law notaries do not practice litigation to any degree.
16th century painting of a civil law notary, by Flemish painter Quentin Massys. A civil law notary is roughly analogous to a common law solicitor, except that, unlike solicitors, civil law notaries do not practice litigation to any degree.

Image File history File links Download high resolution version (1256x1551, 242 KB) File links The following pages on the English Wikipedia link to this file (pages on other projects are not listed): Lawyer Civil law notary User:Thudgens User:CronoDroid User:Pydos User:Schmiteye/sandbox Template:User lawyerwannabe User:Lucinor... Image File history File links Download high resolution version (1256x1551, 242 KB) File links The following pages on the English Wikipedia link to this file (pages on other projects are not listed): Lawyer Civil law notary User:Thudgens User:CronoDroid User:Pydos User:Schmiteye/sandbox Template:User lawyerwannabe User:Lucinor... 16th century painting of a civil law notary, by Flemish painter Quentin Massys Civil law notaries are trained jurists who often receive the same training as advocating jurists — those with a legal education who become litigators such as barristers in England and Wales and Northern Ireland or avocats in France... The Ugly Duchess by Quentin Matsys (1525-30) Oil on wood, 64 x 45,5 cm National Gallery, London Quentin Matsys, also known as Quentin Massys, Quentin Metsys or Kwinten Metsys (1466 - 1530), was a painter in the Flemish tradition, founder of the Antwerp school. ... A solicitor is a type of lawyer in many common law jurisdictions, such as the United Kingdom, Hong Kong, Republic of Ireland, Australia, New Zealand and Canada, and in a few regions of the United States. ...

Ancient Greece

The earliest people who could be described as "lawyers" were probably the orators of ancient Athens (see History of Athens). However, Athenian orators faced serious structural obstacles. First, there was a rule that individuals were supposed to plead their own cases, which was soon bypassed by the increasing tendency of individuals to ask a "friend" for assistance.[160] Fortunately, around the middle of the fourth century BC, the Athenians disposed of the perfunctory request for a friend.[161] Second, a more serious obstacle, which the Athenian orators never completely overcame, was the rule that no one could take a fee to plead the cause of another. This law was widely disregarded in practice, but was never abolished, which meant that orators could never present themselves as legal professionals or experts.[162] They had to uphold the legal fiction that they were merely an ordinary citizen generously helping out a friend for free, and thus they could never organize into a real profession — with professional associations and titles and all the other pomp and circumstance — like their modern counterparts.[163] Therefore, if one narrows the definition to those men who could practice the legal profession openly and legally, then the first lawyers would have to be the orators of ancient Rome. Orator is a Latin word for speaker (from the Latin verb oro, meaning I speak or I pray). In ancient Rome, the art of speaking in public (Ars Oratoria) was a professional competence especially cultivated by politicians and lawyers. ... This article is about the capital of Greece. ... The History of Athens is one of the longest of any city in Europe and in the world. ... (5th century BC - 4th century BC - 3rd century BC - other centuries) (2nd millennium BC - 1st millennium BC - 1st millennium AD) Events Invasion of the Celts into Ireland Kingdom of Macedon conquers Persian empire Romans build first aqueduct Chinese use bellows The Scythians are beginning to be absorbed into the Sarmatian... In the common law tradition, legal fictions are suppositions of fact taken to be true by the courts of law, but which are not necessarily true. ... Ancient Rome was a civilization that grew from a small agricultural community founded on the Italian Peninsula circa the 9th century BC to a massive empire straddling the Mediterranean Sea. ...


Early Ancient Rome

A law enacted in 204 BC barred Roman advocates from taking fees, but the law was widely ignored.[164] The ban on fees was abolished by Emperor Claudius, who legalized advocacy as a profession and allowed the Roman advocates to become the first lawyers who could practice openly — but he also imposed a fee ceiling of 10,000 sesterces.[165] This was apparently not much money; the Satires of Juvenal complain that there was no money in working as an advocate.[166] For other persons named Claudius, see Claudius (disambiguation). ... The sestertius was an ancient Roman coin. ... Frontispiece depicting Juvenal and Persius, from a volume translated by John Dryden in 1711. ...


Like their Greek contemporaries, early Roman advocates were trained in rhetoric, not law, and the judges before whom they argued were also not law-trained.[167] But very early on, unlike Athens, Rome developed a class of specialists who were learned in the law, known as jurisconsults (iuris consulti).[168] Jurisconsults were wealthy amateurs who dabbled in law as an intellectual hobby; they did not make their primary living from it.[169] They gave legal opinions (responsa) on legal issues to all comers (a practice known as publice respondere).[170] Roman judges and governors would routinely consult with an advisory panel of jurisconsults before rendering a decision, and advocates and ordinary people also went to jurisconsults for legal opinions.[171] Thus, the Romans were the first to have a class of people who spent their days thinking about legal problems, and this is why their law became so "precise, detailed, and technical."[172] Rhetoric (from Greek , rhêtôr, orator, teacher) is generally understood to be the art or technique of persuasion through the use of oral, visual, or written language; however, this definition of rhetoric has expanded greatly since rhetoric emerged as a field of study in universities. ...


Late Ancient Rome

During the Roman Republic and the early Roman Empire, jurisconsults and advocates were unregulated, since the former were amateurs and the latter were technically illegal.[173] Any citizen could call himself an advocate or a legal expert, though whether people believed him would depend upon his personal reputation. This changed once Claudius legalized the legal profession. By the start of the Byzantine Empire, the legal profession had become well-established, heavily regulated, and highly stratified.[174] The centralization and bureaucratization of the profession was apparently gradual at first, but accelerated during the reign of Emperor Hadrian.[175] At the same time, the jurisconsults went into decline during the imperial period.[176] This article is about the state which existed from the 6th century BC to the 1st century BC. For the state which existed in the 18th century, see Roman Republic (18th century). ... For other uses, see Roman Empire (disambiguation). ... Byzantine redirects here. ... Publius Aelius Traianus Hadrianus (January 24, 76 –– July 10, 138), known as Hadrian in English, was emperor of Rome from 117 A.D. to 138 A.D., as well as a Stoic and Epicurean philosopher. ...


In the words of Fritz Schulz, "by the fourth century things had changed in the eastern Empire: advocates now were really lawyers."[177] For example, by the fourth century, advocates had be enrolled on the bar of a court to argue before it, they could only be attached to one court at a time, and there were restrictions (which came and went depending upon who was emperor) on how many advocates could be enrolled at a particular court.[178] By the 380s, advocates were studying law in addition to rhetoric (thus reducing the need for a separate class of jurisconsults); in 460, Emperor Leo imposed a requirement that new advocates seeking admission had to produce testimonials from their teachers; and by the sixth century, a regular course of legal study lasting about four years was required for admission.[179] Claudius's fee ceiling lasted all the way into the Byzantine period, though by then it was measured at 100 solidi.[180] Of course, it was widely evaded, either through demands for maintenance and expenses or a sub rosa barter transaction.[181] The latter was cause for disbarment.[182] Leo I coin. ... Julian solidus, ca. ... Barter is a type of trade that do not use any medium of exchange, in which goods or services are exchanged for other goods and/or services. ...


The notaries (tabelliones) appeared in the late Roman Empire. Like their modern-day descendants, the civil law notaries, they were responsible for drafting wills, conveyances, and contracts.[183] They were ubiquitous and most villages had one.[184] In Roman times, notaries were widely considered to be inferior to advocates and jurisconsults.[185] Roman notaries were not law-trained; they were barely literate hacks who wrapped the simplest transactions in mountains of legal jargon, since they were paid by the line.[186]


Middle Ages

After the fall of the western Empire and the onset of the Dark Ages, the legal profession of Western Europe collapsed. As James Brundage has explained: "[by 1140], no one in Western Europe could properly be described as a professional lawyer or a professional canonist in anything like the modern sense of the term 'professional.' "[187] However, from 1150 onward, a small but increasing number of men became experts in canon law but only in furtherance of other occupational goals, such as serving the Roman Catholic Church as priests.[188] From 1190 to 1230, however, there was a crucial shift in which some men began to practice canon law as a lifelong profession in itself.[189] Topics in Christianity Movements · Denominations Ecumenism · Preaching · Prayer Music · Liturgy · Calendar Symbols · Art · Criticism Important figures Apostle Paul · Church Fathers Constantine · Athanasius · Augustine Anselm · Aquinas · Palamas · Wycliffe Tyndale · Luther · Calvin · Wesley Arius · Marcion of Sinope Pope · Patriarch of Constantinople Christianity Portal This box:      Canon law is the term used for... Catholic Church redirects here. ...


The legal profession's return was marked by the renewed efforts of church and state to regulate it. In 1231 two French councils mandated that lawyers had to swear an oath of admission before practicing before the bishop's courts in their regions, and a similar oath was promulgated by the papal legate in London in 1237.[190] During the same decade, Frederick II, the emperor of the Kingdom of Sicily, imposed a similar oath in his civil courts.[191] By 1250 the a nucleus of a new legal profession had clearly formed.[192] The new trend towards professionalization culminated in a controversial proposal at the Second Council of Lyon in 1275 that all ecclesiastical courts should require an oath of admission.[193] Although not adopted by the council, it was highly influential in many such courts throughout Europe.[194] The civil courts in England also joined the trend towards professionalization; in 1275 a statute was enacted that prescribed punishment for professional lawyers guilty of deceit, and in 1280 the mayor's court of the city of London promulgated regulations concerning admission procedures, including the administering of an oath.[195] The Second Council of Lyon was a Roman Catholic council convoked 31 March 1272, which convened in Lyon in 1274. ...


References

  1. ^ Henry Campbell Black, Black's Law Dictionary, 5th ed. (St. Paul: West Publishing Co., 1979), 799.
  2. ^ Geoffrey C. Hazard, Jr. & Angelo Dondi, Legal Ethics: A Comparative Study (Stanford: Stanford University Press, 2004), 20-23.
  3. ^ Richard L. Abel, "Lawyers in the Civil Law World," in Lawyers in Society: The Civil Law World, vol. 2, eds. Richard L. Abel and Philip S.C. Lewis, 1-53 (Berkeley: University of California Press, 1988), 4.
  4. ^ Walter O. Reyrauch, The Personality of Lawyers (New Haven: Yale University Press, 1964), 27.
  5. ^ Jon T. Johnsen, "The Professionalization of Legal Counseling in Norway," in Lawyers in Society: The Civil Law World, vol. 2, eds. Richard L. Abel and Philip S.C. Lewis, 54-123 (Berkeley: University of California Press, 1988), 91.
  6. ^ Kahei Rokumoto, "The Present State of Japanese Practicing Attorneys: On the Way to Full Professionalization?" in Lawyers in Society: The Civil Law World, vol. 2, eds. Richard L. Abel and Philip S.C. Lewis, 160-199 (Berkeley: University of California Press, 1988), 164.
  7. ^ Hazard, 21-33.
  8. ^ Benoit Bastard and Laura Cardia-Vonèche, "The Lawyers of Geneva: an Analysis of Change in the Legal Profession," trans. by Richard L. Abel, in Lawyers in Society: The Civil Law World, vol. 2, eds. Richard L. Abel and Philip S.C. Lewis, 295-335 (Berkeley: University of California Press, 1988), 297.
  9. ^ Carlos Viladás Jene, "The Legal Profession in Spain: An Understudied but Booming Occupation," in Lawyers in Society: The Civil Law World, vol. 2, eds. Richard L. Abel and Philip S.C. Lewis, 369-379 (Berkeley: University of California Press, 1988), 369.
  10. ^ Vittorio Olgiati and Valerio Pocar, "The Italian Legal Profession: An Institutional Dilemma," in Lawyers in Society: The Civil Law World, vol. 2, eds. Richard L. Abel and Philip S.C. Lewis, 336-368 (Berkeley: University of California Press, 1988), 338.
  11. ^ Bastard, 299.
  12. ^ Harry W. Arthurs, Richard Weisman, and Frederick H. Zemans, "Canadian Lawyers: A Peculiar Professionalism," in Lawyers in Society: The Common Law World, vol. 1, eds. Richard L. Abel and Philip S.C. Lewis, 123-185 (Berkeley: University of California Press, 1988), 124.
  13. ^ David Weisbrot, "The Australian Legal Profession: From Provincial Family Firms to Multinationals," in Lawyers in Society: The Common Law World, vol. 1, eds. Richard L. Abel and Philip S.C. Lewis, 244-317 (Berkeley: University of California Press, 1988), 250.
  14. ^ Georgina Murray, "New Zealand Lawyers: From Colonial GPs to the Servants of Capital," in Lawyers in Society: The Common Law World, vol. 1, eds. Richard L. Abel and Philip S.C. Lewis, 318-368 (Berkeley: University of California Press, 1988), 324.
  15. ^ Anne Boigeol, "The Rise of Lawyers in France," in Legal Culture in the Age of Globalization: Latin America and Latin Europe, eds. Lawrence M. Friedman and Rogelio Pérez-Perdomo, 185-219 (Stanford: Stanford University Press, 2003), 208.
  16. ^ Richard L. Abel, The Legal Profession in England and Wales (London: Basil Blackwell, 1989), 116.
  17. ^ See, e.g., Cal. Code. Civ. Proc. § 116.530 [1] (preventing attorneys from appearing in small claims court except as parties or witnesses).
  18. ^ Rogelio Pérez-Perdomo, "The Venezuelan Legal Profession: Lawyers in an Inegalitarian Society," in Lawyers in Society: The Civil Law World, vol. 2, eds. Richard L. Abel and Philip S.C. Lewis, 380-399 (Berkeley: University of California Press, 1988), 387.
  19. ^ Gordon Kent, "Lawyerless Litigants: Is Justice Being Served?" Edmonton Journal, 27 January 2002, A1.
  20. ^ Alan Feuer, "Lawyering by Laymen: More Litigants Are Taking a Do-It-Yourself Tack," New York Times, 22 January 2001, B1.
  21. ^ See Abel, England and Wales, 56 and 141.
  22. ^ Jene, 369.
  23. ^ Rokumoto, 164.
  24. ^ Anne Boigeol, "The French Bar: The Difficulties of Unifying a Divided Profession," in Lawyers in Society: The Civil Law World, vol. 2, eds. Richard L. Abel and Philip S.C. Lewis, 258-294 (Berkeley: University of California Press, 1988), 263; and Boigeol, "The Rise of Lawyers," 206.
  25. ^ Richard L. Abel, American Lawyers (New York: Oxford University Press, 1989), 132. See, e.g., Hines v. Lowrey, 305 U.S. 85 (1938) (upholding limitation on attorneys' fees in veterans' benefits cases to $10).
  26. ^ Paul J. Zwier & Anthony J. Bocchini, Fact Investigation: A Practical Guide to Interviewing, Counseling, and Case Theory Development (Louisville, CO: National Institute for Trial Advocacy, 2000), 13-44.
  27. ^ John H. Freeman, Client Management for Solicitors (London: Cavendish Publishing Ltd., 1997), 266-274.
  28. ^ Abel, England and Wales, 1 and 141.
  29. ^ R.E. Megarry, Lawyer and Litigant in England (London: Stevens and Sons, 1962), 32.
  30. ^ Maureen Paton, "Cab-rank exits," The Times, 9 October 2001, 1. This brief article explains the uneasy tension between solicitors and barristers, and the loopholes that have developed. For example, a barrister need not accept a case if the fee is too low or the barrister is just too busy.
  31. ^ Arthurs, 125; Johnsen, 74; and Pérez-Perdomo, "Venezuelan Legal Profession," 387.
  32. ^ Erhard Blankenburg and Ulrike Schultz, "German Advocates: A Highly Regulated Profession," in Lawyers in Society: The Civil Law World, vol. 2, eds. Richard L. Abel and Philip S.C. Lewis, 124-159 (Berkeley: University of California Press, 1988), 124.
  33. ^ Joaquim Falcão, "Lawyers in Brazil," in Lawyers in Society: The Civil Law World, vol. 2, eds. Richard L. Abel and Philip S.C. Lewis, 400-442 (Berkeley: University of California Press, 1988), 401.
  34. ^ Abel, England and Wales, 185; Bastard, 318.
  35. ^ Kees Schuyt, "The Rise of Lawyers in the Dutch Welfare State," in Lawyers in Society: The Civil Law World, vol. 2, eds. Richard L. Abel and Philip S.C. Lewis, 200-224 (Berkeley: University of California Press, 1988), 201.
  36. ^ Stephen J. McGarry, Multidisciplinary Practices and Partnerships: Lawyers, Consultants, and Clients, § 1.06[1] (New York: Law Journal Press, 2002), 1-29.
  37. ^ Luc Huyse, "Legal Experts in Belgium," in Lawyers in Society: The Civil Law World, vol. 2, eds. Richard L. Abel and Philip S.C. Lewis, 225-257 (Berkeley: University of California Press, 1988), 227.
  38. ^ Murray, 325; and Rokumoto, 164.
  39. ^ Rokumoto, 164.
  40. ^ Lee Rousso, "Japan's New Patent Attorney Law Breaches Barrier Between The 'Legal' And 'Quasi-Legal' Professions: Integrity Of Japanese Patent Practice At Risk?" 10 Pac. Rim L. & Pol'y 781, 783-790 (2001).
  41. ^ Arthurs, 125; and Pérez-Perdomo, "Venezuelan Legal Profession," 387.
  42. ^ Huyse, 227.
  43. ^ Boigeol, "The Rise of Lawyers," 206.
  44. ^ Abel, England and Wales, 176; Murray, 325; and Pérez-Perdomo, "Venezuelan Legal Profession," 387.
  45. ^ Abel, England and Wales, 177.
  46. ^ Weisbrot, 292.
  47. ^ s. 14 Stamp Act 1804
  48. ^ Brian Abel-Smith and Robert Stevens, Lawyers and the Courts: A Sociological Study of the English Legal System, 1750-1965 (Cambridge: Harvard University Press, 1967), 23.
  49. ^ Weisbrot, 251.
  50. ^ Arthurs, 125; Huyse, 227; and Schuyt, 201.
  51. ^ Huyse, 227.
  52. ^ Ralph Warner & Stephen Elias, Fed Up with the Legal System: What's Wrong & How to Fix It (Berkeley: Nolo Press, 1994), 11.
  53. ^ Hazard, 34-35; Huyse, 227; and Schuyt, 201.
  54. ^ Lawrence M. Friedman and Rogelio Pérez-Perdomo, "Latin Legal Cultures in the Age of Globalization," in Legal Culture in the Age of Globalization: Latin America and Latin Europe, eds. Lawrence M. Friedman and Rogelio Pérez-Perdomo, 1-19 (Stanford: Stanford University Press, 2003), 6.
  55. ^ Abel, England and Wales, 45-59; Rokumoto, 165; and Schuyt, 204.
  56. ^ Wayne L. Anderson and Marilyn J. Headrick, The Legal Profession: Is it for you? (Cincinnati: Thomson Executive Press, 1996), 52-53.
  57. ^ Anonymous, "Careers in the legal profession offer a variety of opportunities: While we may not think about it often, the legal system affects us every day," The Telegram, 14 April 2004, D8.
  58. ^ Olgiati, 345.
  59. ^ Pérez-Perdomo, "Venezuelan Legal Profession," 384.
  60. ^ Robert H. Miller, Law School Confidential: A Complete Guide to the Law School Experience, By Students, for Students (New York: St. Martin's Griffin, 2000), 25-27.
  61. ^ Anderson, 4-10.
  62. ^ Friedman and Pérez-Perdomo, 6; Blankenburg, 132; and Olgiati, 345.
  63. ^ Sergio Lopez-Ayllon and Hector Fix-Figaro, " 'Faraway, So Close!' The Rule of Law and Legal Change in Mexico: 1970-2000," in Legal Culture in the Age of Globalization: Latin America and Latin Europe, eds. Lawrence M. Friedman and Rogelio Pérez-Perdomo, 285-351 (Stanford: Stanford University Press, 2003), 324.
  64. ^ Herbert Hausmaninger, "Austrian Legal Education," 43 S. Tex. L. Rev. 387, 388 and 400 (2002).
  65. ^ Miller, 42-60.
  66. ^ Abel, American Lawyers, 57; Miller, 25; and Murray, 337.
  67. ^ Falcão, 410.
  68. ^ J.S. Gandhi, "Past and Present: A Sociological Portrait of the Indian Legal Profession," in Lawyers in Society: The Common Law World, vol. 1, eds. Richard L. Abel and Philip S.C. Lewis, 369-382 (Berkeley: University of California Press, 1988), 375.
  69. ^ Lopez-Ayllon, 324.
  70. ^ Eliane Botelho Junqueira, "Brazil: The Road of Conflict Bound for Total Justice," in Legal Culture in the Age of Globalization: Latin America and Latin Europe, eds. Lawrence M. Friedman and Rogelio Pérez-Perdomo, 64-107 (Stanford: Stanford University Press, 2003), 89.
  71. ^ Junqueira, 89.
  72. ^ Rogelio Pérez-Perdomo, "Venezuela, 1958-1999: The Legal System in an Impaired Democracy," in Legal Culture in the Age of Globalization: Latin America and Latin Europe, eds. Lawrence M. Friedman and Rogelio Perez-Perdomo, 414-478 (Stanford: Stanford University Press, 2003), 459. For example, a 1997 study found that not a single law school in Venezuela had bothered to integrate any part of the Convention on Children's Rights into its curriculum, even though Venezuela had signed the treaty in 1990 and subsequently modified its domestic laws to bring them into compliance. Rather than embark on curriculum reform, Venezuelan law schools now offer special postgraduate courses so that recent graduates can bring their legal knowledge up-to-date with current law.
  73. ^ Lopez-Ayllon, 324.
  74. ^ a b Abel, American Lawyers, 62.
  75. ^ Lopez-Ayllon, 330.
  76. ^ Miller, 335-341.
  77. ^ Alan A. Paterson, "The Legal Profession in Scotland: An Endangered Species or a Problem Case for Market Theory?" in Lawyers in Society: The Common Law World, vol. 1, eds. Richard L. Abel and Philip S.C. Lewis, 76-122 (Berkeley: University of California Press, 1988), 89.
  78. ^ G. Jeffrey MacDonald, "The self-made lawyer: Not every attorney goes to law school," The Christian Science Monitor, 3 June 2003, 13.
  79. ^ Weisbrot, 266.
  80. ^ Abel, American Lawyers, 167-175; Abel, England and Wales, 214; Arthurs, 131; Gandhi, 374; and Weisbrot, 277.
  81. ^ Anderson, 124-131.
  82. ^ Gandhi, 374.
  83. ^ Although it is common for former American judges to return to private practice, it is highly controversial for them to suggest that they still retain any judicial powers (for example, by wearing judicial robes in advertisements). Brad McElhinny, "Workman criticized for using robe in ad: Group files State Bar complaint about the way former justice seeks clients," Charleston Daily Mail, 3 February 2005, 1A.
  84. ^ Blankenburg, 133.
  85. ^ Boigeol, "The Rise of Lawyers," 202.
  86. ^ Bernard Michael Ortwein II, "The Swedish Legal System: An Introduction," 13 Ind. Int'l & Comp. L. Rev. 405, 440-445 (2003).
  87. ^ Olgiati, 353.
  88. ^ Abel, American Lawyers, 122.
  89. ^ Michael H. Trotter, Profit and the Practice of Law: What's Happened to the Legal Profession (Athens, GA: University of Georgia Press, 1997), 50.
  90. ^ Herbert M. Kritzer, "The fracturing legal profession: the case of plaintiffs' personal injury lawyers," 8 Int'l J. Legal Prof. 225, 228-231 (2001).
  91. ^ Anderson, 111-117.
  92. ^ Hazard, 39.
  93. ^ Junqueira, 92. According to this source, as of 2003, there were 901 law firms with more than 50 lawyers in the United States.
  94. ^ Gary Slapper and David Kelly, The English Legal System, 7th ed. (London: Cavendish Publishing Ltd., 2004), 550.
  95. ^ Weisbrot, 264.
  96. ^ Johnsen, 86.
  97. ^ Boigeol, “The French Bar,” 271; and Junqueira, 89.
  98. ^ Abel, England and Wales, 127 and 243-249; Arthurs, 135; and Weisbrot, 279.
  99. ^ Bastard, 295; and Falcão, 401.
  100. ^ Blankenburg, 139.
  101. ^ Jene, 370.
  102. ^ Paterson, 79.
  103. ^ Arthurs, 143.
  104. ^ Murray, 339; Rokumoto, 163; and Schuyt, 207.
  105. ^ Abel, American Lawyers, 116.
  106. ^ Arthurs, 139.
  107. ^ Weisbrot, 244.
  108. ^ Bastard, 299.
  109. ^ Falcão, 404.
  110. ^ Olgiati, 343.
  111. ^ Huyse, 239.
  112. ^ Howard D. Fisher, The German Legal System and Legal Language, 3rd ed. (London: Routledge Cavendish, 2002), 208-209.
  113. ^ Andrews v. Law Society of British Columbia, [1989] 1 S.C.R. 143.
  114. ^ Abel, American Lawyers, 68.
  115. ^ Mary C. Daly, "Ethical and Liability Issues in International Legal Practice," in Comparative Law Yearbook of International Business, vol. 17, eds. Dennis Campbell and Susan Cotter, 223-268 (London: Kluwer Law International, 1995), 233.
  116. ^ Abel, Civil Law World, 10; Johnsen, 70; Olgiati, 339; and Rokumoto, 161.
  117. ^ Johnsen, 86.
  118. ^ Falcão, 423.
  119. ^ Maria da Gloria Bonelli, "Lawyers' Associations and the Brazilian State, 1843-1997," 28 Law & Soc. Inquiry 1045, 1065 (2003).
  120. ^ Kandis Scott, "Decollectivization and Democracy: Current Law Practice in Romania," 36 Geo. Wash. Int'l L. Rev. 817, 820. (2004).
  121. ^ Timothy J. Tyler, "Judging the Past: Germany's Post-Unification Lawyers' Admissions Review Law," 29 Tex. Int'l L.J. 457, 472 (1994).
  122. ^ Abel, American Lawyers, 142-143; Abel, England and Wales, 29; and Arthurs, 148.
  123. ^ Arthurs, 138; and Weisbrot, 281.
  124. ^ Abel, American Lawyers, 246-247.
  125. ^ Abel, American Lawyers, 147; Abel, England and Wales, 135 and 250; Arthurs, 146; Paterson, 104; and Weisbrot, 284.
  126. ^ Richard L. Abel, English Lawyers Between Market and State: The Politics of Professionalism (New York: Oxford University Press, 2003), 374-375.
  127. ^ William T. Gallagher, "Ideologies of Professionalism and the Politics of Self-Regulation in the California State Bar," 22 Pepp. L. Rev. 485, 490-491 (1995).
  128. ^ Abel, England and Wales, 132-133.
  129. ^ Lopez-Ayllon, 330.
  130. ^ Arthurs, 141.
  131. ^ Boigeol, “The French Bar,” 274; and Olgiati, 344.
  132. ^ Blankenburg, 126; and Boigeol, “The French Bar,” 272.
  133. ^ Abel, England and Wales, 37.
  134. ^ Gerald W. Gawalt, "Sources of Anti-Lawyer Sentiment in Massachusetts, 1740-1840," in Essays in Nineteenth-Century American Legal History, ed. Wythe Holt, 624-648 (Westport, CT: Greenwood Press, 1976), 624-625. According to this source, the strong anti-lawyer sentiment of the period was rather ironic, since lawyers were actually so scarce in the American colonies that a 1715 Massachusetts law forbade litigants from retaining two lawyers because of the risk of depriving one's opponent of counsel.
  135. ^ Blankenburg, 127.
  136. ^ Weisbrot, 246.
  137. ^ Arthurs, 128.
  138. ^ Marc Galanter, "Predators and Parasites: Lawyer-Bashing and Civil Justice, " 28 Ga. L. Rev. 633, 644-648 (1994).
  139. ^ Stephen D. Easton, "Fewer Lawyers? Try Getting Your Day in Court," Wall Street Journal, 27 November 1984, 1. This article rebuts the common complaint of too many lawyers in the U.S. by pointing out that it is virtually impossible for a plaintiff to prevail in the vast majority of countries with less lawyers, like Japan, because there are simply not enough lawyers or judges to go around. Even wrongful death cases with clear evidence of fault can drag on for decades in Japan. Thus, any reduction in the number of lawyers would result in reduced enforcement of individual rights.
  140. ^ a b Gerry Spence, With Justice For None: Destroying An American Myth (New York: Times Books, 1989), 27-40
  141. ^ Paterson, 76.
  142. ^ Jerold Auerbach, Unequal Justice: Lawyers and Social Change in Modern America (New York: Oxford University Press, 1976), 301.
  143. ^ For examples of legal self-help books written by lawyers which concede that the profession has a bad image, see Mark H. McCormack, The Terrible Truth About Lawyers (New York: Beech Tree Books, 1987), 11; Kenneth Menendez, Taming the Lawyers (Santa Monica, CA, Merritt Publishing, 1996), 2; and Stuart Kahan and Robert M. Cavallo, Do I Really Need A Lawyer? (Radnor, PA: Chilton Book Company, 1979), 2.
  144. ^ Gayle White, "So, a lawyer, a skunk and a catfish walk into a bar...: No shortage of jokes," National Post, 27 May 2006, FW8.
  145. ^ Andrew Roth & Jonathan Roth, Devil's Advocates: The Unnatural History of Lawyers (Berkeley: Nolo Press, 1989), ix.
  146. ^ Hazard, 60.
  147. ^ Hazard, 60.
  148. ^ Anderson, 111-112.
  149. ^ Herbert M. Kritzer, Risks, Reputations, and Rewards: Contingency Fee Legal Practice in the United States (Stanford: Stanford University Press, 2004), 258-259. According to this source, contingency fees (or de facto equivalents) are allowed, as of 2004, in Canada, England, Scotland, Northern Ireland, Ireland, New Zealand, Australia, the Dominican Republic, Greece, France, Brazil, Japan, and, of course, the United States.
  150. ^ See Fleischmann Distilling Corp. v. Maier Brewing Co., 386 U.S. 714 (1967) (reviewing history of the American Rule).
  151. ^ Anderson, 120-121.
  152. ^ Matthias Kilian and Francis Regan, "Legal expenses insurance and legal aid — two sides of the same coin? The experience from Germany and Sweden," 11 Int'l J. Legal Prof. 233, 239 (2004). According to this article, pro bono arrangements are illegal in Germany.
  153. ^ Abel, American Lawyers, 129-130.
  154. ^ Abel, American Lawyers, 133.
  155. ^ Arthurs, 161; Murray, 342; Pérez-Perdomo, 392; Schuyt, 211; and Weisbrot, 288.
  156. ^ Boigeol, “The French Bar,” 280; and Jene, 376.
  157. ^ Olgiati, 354, and Huyse, 240.
  158. ^ Huyse, 240-241.
  159. ^ Blankenburg, 143.
  160. ^ Robert J. Bonner, Lawyers and Litigants in Ancient Athens: The Genesis of the Legal Profession (New York: Benjamin Blom, 1927), 202.
  161. ^ Bonner, 204.
  162. ^ Bonner, 206.
  163. ^ Bonner, 208-209.
  164. ^ John A. Crook, Law and Life of Ancient Rome (Ithaca: Cornell University Press, 1967), 90.
  165. ^ Crook, 90. Crook cites Tacitus, Annals VI, 5 and 7 for this point. For more information about the complex political affair that forced Emperor Claudius to decide this issue, see The Annals of Tacitus, Book VI (Franklin Center, PA: The Franklin Library, 1982), 208.
  166. ^ Crook, 91.
  167. ^ Crook, 87.
  168. ^ Crook, 88.
  169. ^ Crook, 88.
  170. ^ Crook, 89.
  171. ^ Crook, 88.
  172. ^ Crook, 88.
  173. ^ Crook, 90.
  174. ^ A. H. M. Jones, The Later Roman Empire, 284-602: A Social, Economic, and Administrative Survey, vol. 1 (Norman, OK: University of Oklahoma Press, 1964), 507.
  175. ^ Fritz Schulz, History of Roman Legal Science (Oxford: Oxford University Press, 1946), 113.
  176. ^ Schulz, 113.
  177. ^ Schulz, 268.
  178. ^ Jones, 508-510.
  179. ^ Jones, 512-513.
  180. ^ Jones, 511.
  181. ^ Jones, 511.
  182. ^ Jones, 511.
  183. ^ Jones, 515.
  184. ^ Jones, 515.
  185. ^ Jones, 515.
  186. ^ Jones, 516.
  187. ^ James A. Brundage, "The Rise of the Professional Jurist in the Thirteenth Century," 20 Syracuse J. Int'l L. & Com. 185 (1994).
  188. ^ Brundage, 185-186.
  189. ^ Brundage, 186-187.
  190. ^ Brundage, 188.
  191. ^ Brundage, 188-189.
  192. ^ Brundage, 190.
  193. ^ Brundage, 189.
  194. ^ Brundage, 189.
  195. ^ John Hamilton Baker, An Introduction to British Legal History, 3rd ed. (London: Butterworths, 1990), 179.

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See also

For information on the type of fish called Lawyer, see the article on Burbot. ... An advocate is one who speaks on behalf of another, especially in a legal context. ... For the musician, see Sikiru Ayinde Barrister. ... A solicitor is a type of lawyer in many common law jurisdictions, such as the United Kingdom, Hong Kong, Republic of Ireland, Australia, New Zealand and Canada, and in a few regions of the United States. ... Court dress comprises two forms of dress: dress prescribed for Royal courts; and dress prescribed for courts of law. ... This article is about the title. ... The court of chancery, which governed fiduciary relations prior to the Judicature Acts The fiduciary duty is a legal relationship between two or more parties, most commonly a fiduciary or trustee and a principal or beneficiary, that in English common law is arguably the most important concept within the portion... St. ... In Australia and New Zealand, a law broker is a professional that assists individuals who are searching for a lawyer. ... A law firm is a business entity formed by one or more lawyers to engage in the practice of law. ... Lawyer jokes are a species of professional humor and reflect the exasperation of the general public with the cost, uncertainty and delay of the legal system, at least in the U.S., where there are estimated to be about 2 million law school graduates (not all of whom are practicing... Legalese is the term given to the special technical terminology of any given language (usually English) in a legal document. ... The following lists are of prominent jurists, including judges, listed in alphabetical order by jurisdiction. ... This is a list of people primarily famous as lawyers, ordered within each category alphabetically by last name. ... Legal Executives are qualified lawyers in England and Wales who specialise in a particular area of law. ... A Licensed Conveyancer is a lawyer in the United Kingdom or Australia who has been trained to deal with all aspects of property law. ... A US Embossed Notary Seal. ... Telling a problem to a public scrivener. ... In its most general sense, the practice of law involves giving legal advice to clients, drafting legal documents for clients, and representing clients in legal negotiations and court proceedings such as lawsuits, and is applied to the professional services of a lawyer or Attorney at Law, barrister, solicitor or civil... The prosecutor is the chief legal representative of the prosecution in countries adopting the common law adversarial system or the civil law inquisitorial system. ... In the United States, a public defender is a lawyer whose duty is to provide legal counsel and representation to indigent defendants in criminal cases who are unable to pay for legal assistance. ... A rules lawyer is a player in a game who for whatever reason attempts to use an oftentimes encyclopedic knowledge of the rules of a subject to gain an unfair advantage, to annoy or to ingratiate himself with other players, to amuse themselves with a round of badinage with others... Look up Charlatan in Wiktionary, the free dictionary. ... For other uses, see Law (disambiguation). ... For other uses, see Law (disambiguation). ... Administrative law in the United States often relates to, or arises from, so-called independent agencies- such as the Federal Trade Commission (FTC). Here is FTCs headquarters in Washington D.C. Administrative law (or regulatory law) is the body of law that arises from the activities of administrative agencies... The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply. ... A contract is a legally binding exchange of promises or agreement between parties that the law will enforce. ... This article is about legal torts. ... This article or section does not cite any references or sources. ... This law-related article does not cite its references or sources. ... The Court of Chancery, London, early 19th century This article is about the concept of equity in the jurisprudence of common law countries. ... International law deals with the relationships between states, or between persons or entities in different states. ... Conflict of laws, or private international law, or international private law is that branch of international law and interstate law that regulates all lawsuits involving a foreign law element, where a difference in result will occur depending on which laws are applied as the lex causae. ... Supranational law is a form of international law, based on the limitation of the rights of sovereign nations between one another. ... Image File history File links Scale_of_justice_2. ... For other uses, see Law (disambiguation). ... Labour law (American English: labor) or employment law is the body of laws, administrative rulings, and precedents which addresses the legal rights of, and restrictions on, working people and their organizations. ... Human rights law is a system of laws, both domestic and international which is intended to promote human rights. ... Legal procedure is the body of law and rules used in the administration of justice in the court system, including such areas as civil procedure, criminal procedure, appellate procedure, administrative procedure, labour procedure, and probate. ... The law of evidence governs the use of testimony (e. ... Immigration law refers to national government policies which control the phenomenon of immigration to their country. ... Family Law was a television drama starring Kathleen Quinlan as a divorced lawyer who attempted to start her own law firm after her lawyer husband took all their old clients. ... In the common law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ... Commercial law (sometimes known as business law) is the body of law which governs business and commerce. ... Corporate law (also corporations law or company law) refers to the law establishing separate legal entities known as the company or corporation and governs the most prevalent legal models for firms, for instance limited companies (Ltd or Pty Ltd), publicly limited companies (plc) or incorporated businesses (Inc. ... Notice of closure stuck on the door of a computer store the day after its parent company, Granville Technology Group Ltd, declared bankruptcy (strictly, put into administration—see text) in the United Kingdom. ... For the 2006 film, see Intellectual Property (film). ... The following analysis is based on English law. ... Restitution is the name given to a form of legal relief in which the plaintiff recovers something from the defendant that belongs, or should belong, to the plaintiff. ... Tax law is the codified system of laws that describes government levies on economic transactions, commonly called taxes. ... Bank regulations are a form of government regulation which subject banks to certain requirements, restrictions and guidelines, aiming to uphold the soundness and integrity of the financial system. ... Antitrust redirects here. ... Consumer protection is a form of government regulation which protects the interests of consumers. ... 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Using the term Roman law in a broader sense, one may say that Roman law is not only the legal system of ancient Rome but the law that was applied throughout most of Europe until the end of the 18th century. ... Topics in Christianity Movements · Denominations Ecumenism · Preaching · Prayer Music · Liturgy · Calendar Symbols · Art · Criticism Important figures Apostle Paul · Church Fathers Constantine · Athanasius · Augustine Anselm · Aquinas · Palamas · Wycliffe Tyndale · Luther · Calvin · Wesley Arius · Marcion of Sinope Pope · Patriarch of Constantinople Christianity Portal This box:      Canon law is the term used for... Shariah (Arabic: transliteration: ) is the body of Islamic religious law. ... This article is about law in society. ... Legal history is a term that has at least two meanings. ... For the jurisprudence of courts, see Case law. ... Law and economics, or economic analysis of law is an approach to legal theory that applies methods of economics to law. ... Sociology of law refers to both a sub-discipline of sociology and an approach within the field of legal studies. ... For other uses, see Law (disambiguation). ... In the law, the judiciary or judicial system is the system of courts which administer justice in the name of the sovereign or state, a mechanism for the resolution of disputes. ... A legislatureis a type of representative deliberative assembly with the power to ratify laws. ... The Politics series Politics Portal This box:      This article is about the sociological concept. ... A lawyer is a person licensed by the state to advise clients in legal matters and represent them in courts of law and in other forms of dispute resolution. ... 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Encyclopedia4U - Lawyer - Encyclopedia Article (983 words)
A lawyer or attorney at law is an individual licensed by the state to advise clients in legal matters and represent them in courts of law and other legal agencies.
Lawyers are "attorneys at law," authorised to plead cases on behalf of their clients.
Lawyers in the U.S. The United States Department of Labor's Bureau of Labor Statistics (1) estimates that in 2001, there were 490,000 practicing lawyers in the U.S. It is frequently said that there are more lawyers per capita in the US than in any other country in the world.
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