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Encyclopedia > Legal practitioners

A lawyer is a person qualified to give legal advice who advises clients in legal matters and represents them in courts of law and in other forms of dispute resolution. Person, in the classic sense, refers to a living human being. ... 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. ... This article needs to be cleaned up to conform to a higher standard of quality. ... A court is an official, public forum which a sovereign establishes by lawful authority to adjudicate disputes, and to dispense civil, labour, administrative and criminal justice under the law. ... This article or section does not cite its references or sources. ... Dispute resolution is the process of resolving disputes between parties. ...


Law is a theoretical and abstract discipline, and working as a lawyer represents the "practical" application of legal theory and knowledge to solve real problems or to advance the interests of those who retain (i.e., hire) lawyers for legal services. This article or section does not cite its references or sources. ...


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

Contents


Responsibilities

Many jurisdictions, like England, have traditionally divided their legal professions into barristers and solicitors (known as advocates and procurators, respectively, in some civil law countries).[1][2][3] Royal motto (French): Dieu et mon droit (Translated: God and my right) Englands location (dark green) within the British Isles Languages None official English de facto Capital None official London de facto Largest city London Area – Total Ranked 1st UK 130,395 km² Population – Total (mid-2004) – Total (2001... A barrister (advocate in Scotland and the Channel Islands, barrister-at-law in Ireland and elsewhere) is a lawyer found in some Common law jurisdictions who principally, but not exclusively, represents litigants as their advocate before the courts of that jurisdiction. ... A solicitor is a type of lawyer in many common law jurisdictions, such as the United Kingdom, Hong Kong, Republic of Ireland, Canada and some States of Australia but not the United States. ...


In some civil law countries, there has been a tradition of giving many legal tasks to a variety of civil law notaries, clerks, and scriveners.[4] 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;[5] 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.[6][7] 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. ...


In contrast, several other countries that began with a divided profession have since fused or united their legal profession into a single type of lawyer.[8][9][10][11] In such countries, a lawyer is usually permitted to carry out all or almost all the responsibilities listed below. Fused profession is a term relating to jurisdictions where the legal profession is not divided between barristers and solicitors. ...


Oral argument in the courts

The classic public image of a lawyer is of a polished, well-dressed advocate who smoothly argues a client's case before a judge or jury in a court of law. This is the traditional province of the barrister. It has been suggested that Barrister#Advocates in Scotland be merged into this article or section. ... A judge or justice is an official who presides over a court. ... A jury is a sworn body of persons convened to render a rational, impartial verdict and a finding of fact on a legal question officially submitted to them, or to set a penalty or judgment in a jury trial of a court of law. ...


However, the boundary between barristers and solicitors has gradually evolved over time. For example, in England, the barrister monopoly covers only appellate courts, and barristers must compete directly with solicitors in many trial courts.[12]


In some countries, litigants have the option (though not recommended) of arguing pro se, or on their own behalf, and it is common for litigants to appear unrepresented before certain courts like small claims courts. In others, like Venezuela, no one may appear before a judge unless represented by a lawyer.[13] Small claims courts are courts of limited jurisdiction that hear civil cases between private litigants. ...


Research and drafting of court papers

In most legal systems, lawyers are expected to brief a court in writing on the issue in a case before the issue can be orally argued. They may have to perform extensive research into relevant facts and law.


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.[14]


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.[15]


In some countries, like Japan, a scrivener or clerk may fill out court forms and draft simple papers for laypersons who cannot afford or do not need attorneys, and advise them on how to manage and argue their own cases.[16]


Practice before administrative courts

In most countries, administrative courts are informal bodies. In a few countries, there is a special category of jurists with a monopoly over this form of advocacy; thus, France has its conseil juridiques. [17] In other countries, like the United States, lawyers have actually been barred by statute from certain types of administrative hearings in order to preserve their informality.[18]


Client intake and counseling (with regard to pending litigation)

Before a lawyer can accept a client's case, he or she must interview the client and determine whether it is worth taking. The lawyer must also stay in regular contact with the client and advise them about the case's status and possible outcome.


In England, only solicitors were traditionally in direct contact with the client.[19] The solicitor retained a barrister if one was necessary and acted as an intermediary between the barrister and the client.


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. [20][21][22]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. It has been suggested that this article or section be merged with Consideration under English law. ...


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.[23][24] Sometimes civil law notaries are allowed to give legal advice, as in Belgium.[25] In many countries, non-jurist accountants may provide what is technically legal advice in tax and accounting matters.[26]


Protecting intellectual property

In virtually all countries, patents, trademarks, copyrights and other forms of intellectual property must be formally registered with a government agency in order to be protected by 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.[27] A patent is a set of exclusive rights granted by a state to a person for a fixed period of time in exchange for the regulated, public disclosure of certain details of a device, method, process or composition of matter (substance) (known as an invention) which is new, inventive, and... A trademark or trade mark is a distinctive sign of some kind which is used by a business to uniquely identify itself and its products and services to consumers, and to distinguish the business and its products or services from those of other businesses. ... Copyright symbol. ... In law, intellectual property (IP) is an umbrella term for various legal entitlements which attach to certain types of information, ideas, or other intangibles in their expressed form. ...


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.[28] In others, jurists or notaries may negotiate or draft contracts.[29]


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).[30]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),[31] and a 1978 study showed that conveyancing "accounts for as much as 80 percent of solicitor-client contact in New South Wales."[32] In others, the use of a lawyer is optional and banks, title companies, or realtors may be used instead.[33] In some civil law jurisdictions, real estate transactions are handled by civil law notaries.[34] The factual accuracy of this article is disputed. ... A deed is a legal instrument used to grant a right. ... A mortgage is a method of using property as security for the payment of a debt. ... Real estate is a legal term that encompasses land along with anything permanently affixed to the land, such as buildings. ... Emblems: Floral - Waratah (Telopea Speciosissima); Bird - Kookaburra (Dacelo Gigas); Animal - Platypus (Ornithorhynchus Anatinus); Fish - Blue Groper (Achoerodus Viridis) Motto: Orta Recens Quam Pura Nites (Newly Risen, How Brightly You Shine) Slogan or Nickname: First State, Premier State Other Australian states and territories Capital Sydney Government Governor Premier Const. ... 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. ...


Carrying out the intent of the deceased

In many countries, lawyers have a monopoly on the 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. [35] Look up will in Wiktionary, the free dictionary. ... 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, and American lawyers have a profitable monopoly over probate law.[36] Probate is the legal process of settling the estate of a deceased person; specifically, distributing the decedents property. ...


Pro bono or legal aid services

Lawyers are generally subject to some kind of official recommendation that they voluntarily provide a certain number of hours of free pro bono services to the poor each year. 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. ...


In some countries, there are legal aid lawyers who specialize in providing legal services to the poor, disadvantaged, and indigent.[37][38]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.[39] In others, legal aid specialists are practically nonexistent. This may be because nonlawyers are allowed to provide such services, as in Norway,[40] or because mandatory fee structures have enabled widespread implementation of affordable legal expense insurance, as in Germany.[41] In Italy, trade unions and political parties provide what can be characterized as legal aid services.[42] Most liberal democracies consider that it is necessary to provide some level of legal aid to persons otherwise unable to afford legal representation. ...


Prosecution 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.[43] 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.


Education

At the universities of most 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 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.[44] Faculty of law is another name for a law school or school of law, the terms commonly used in the United States. ... The degree of Bachelor of Laws is the principal academic degree in law in most common law countries other than the United States, where it has been replaced by the Juris Doctor degree. ...


In a few countries, particularly the United States, law is primarily taught at law schools. 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 award graduating students with a J.D. (Doctor of Jurisprudence) as the standard law degree, and many offer post-doctoral law degrees such as the LL.M. (Legum Magister/Master of Laws), or the S.J.D. (Doctor of the Science of Law) for students interested in furthering 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; for alternative uses, see JD. Juris Doctor (J.D.) is awarded by American law schools as the first degree in 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.[45] Others do not, like Venezuela.[46] A few countries teach how to read and think like a lawyer through assigned readings of judicial opinions 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 adapt to legal writing style either at their apprenticeship or their first job.[47] Depending upon the country, a typical class size could range from five students in a seminar to five hundred in a giant lecture room. Most U.S. schools tend to retain small class sizes, and as such, grant admissions on a more limited and competitive basis. Socratic method (or method of elenchos 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. ...


Advanced countries tend to have a preference for full-time law programs,[48] while students in developing countries like Brazil and India often work full-time to pay the tuition and fees of their part-time law programs.[49][50]


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.[51] However, in many countries, a law student must pass a bar examination (or an series of such examinations) before receiving a license to practice.[51][52] A bar examination is a lengthy examination (two or more days) conducted at regular intervals to determine whether a candidate is qualified to practice law in a given jurisdiction. ...


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).[53]


Career structure

The career structure of lawyers varies widely from one country to the next.


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, law professor, or politician.[54] There are also many non-legal jobs which legal training is good preparation for, such as corporate executive, government administrator, investment banker, or journalist. 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.[55]


In most civil law countries, jurists generally structure their legal education around their chosen specialty; the boundaries between different types of jurists 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, it is difficult for German judges to leave the bench and become advocates in private practice.[56]


Specialization

In many countries, lawyers are general practitioners who will take almost any kind of case that walks in the door.[57] In others, there has been a tendency since the start of the 20th century for lawyers to specialize early in their careers.[58]


Professional associations and regulation

Mandatory licensing and membership in professional organizations

In some jurisdictions, either the judiciary[59] or the Ministry of Justice[60] 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.[61] In American English, such associations are known as mandatory, integrated, or unified bar associations. In Commonwealth English, similar organizations are known as Inns of Court, bar councils or law societies.[62] In civil law countries, comparable organizations are known as Orders of Advocates,[63] Chambers of Advocates,[64] Colleges of Advocates,[65], Faculties of Advocates,[66] or similar names. Generally, a nonmember caught practicing law may be liable for the crime of unauthorized practice of law.[67] American English (AmE) is the dialect of the English language used mostly in the United States of America. ... A bar association is a professional body of lawyers who, in some jurisdictions, are responsible for the regulation of the legal profession. ... Commonwealth English is a collective term for the perceived standard English language used in the Commonwealth of Nations1, applying in theory to Australian English, British English, Caribbean English, Canadian English, Hiberno-English (Irish English)2, Hong Kong English3, Indian English (includes Pakistani English), formal Malaysian English, New Zealand English, formal... The Inns of Court, in London, are where barristers train and traditionally practice, although growth in the profession caused many barristers chambers to move outside the precincts of the Inns of Court in the late 20th century. ... 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.[68] Others, especially those with federal governments, tend to regulate lawyers at the state or provincial level; this is the case in the United States,[69] Canada,[70] Germany,[71] Australia,[72] and Switzerland,[73] to name a few. Brazil is the most well-known federal government that regulates lawyers at the national level.[74]


Some countries, like Italy, regulate lawyers at the regional level,[75] 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).[76]


Such 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; for example, the Supreme Court of Canada has upheld the constitutionality of a citizenship requirement.[77] In contrast, American citizenship and residency requirements were struck down as unconstitutional by the U.S. Supreme Court in 1973 and 1985, respectively.[78] The Supreme Court Building in Ottawa The Supreme Court of Canada (French: Cour suprême du Canada) is highest court of Canada and is the final court of appeal for all litigants 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...


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. ... Under the doctrine of the separation of powers, the executive is the branch of a government charged with implementing, or executing, the law. ...


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.[79] 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.[80] 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.[81]


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).[82] 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.[83] 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 the different advocates representing their partys positions and not on some neutral party, usually the judge, trying to ascertain the truth of the case. ...


However, the concept of the self-regulating profession has been heavily criticized as a sham which serves to legitimate the professional monopoly while protecting the profession from public scrutiny.[84] In many countries, disciplinary mechanisms have been astonishingly ineffective, and penalties have been light or nonexistent in the vast majority of cases.[85]


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.[86] In American English, such associations are known as voluntary bar associations.[87] 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 which is not specific to any jurisdiction in the United States. ...


In some countries, like France and Italy, lawyers have also formed trade unions.[88] The examples and perspective in this article or section may not represent a worldwide view. ...


Criticism of lawyers

Hostility towards the legal profession is a universal 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.[89] Complaints about too many lawyers were common in both England and the United States in the 1840s[90][91] Germany in the 1910s,[92]; and in Australia,[93] Canada,[94] the United States,[95] and Scotland[96] in the 1980s. The coat of arms of the Kingdom of Prussia, 1701-1918 The word Prussia (Old Prussian: Prūsa, German: Preußen, Polish: Prusy, Lithuanian: Prūsai, Latin: Borussia) has had various (often contradictory) meanings: The land of the Baltic Prussians (in what is now parts of southern Lithuania, the Kaliningrad... // Events and Trends Technology First use of anaesthesia in an operation, by Crawford Long War, peace and politics First signing of the Treaty of Waitangi (Te Tiriti o Waitangi) on February 6, 1840 at Waitangi New Zealand. ... // Events and trends The 1910s represent the culmination of European militarism which had its beginings during the second half of the 19th Century. ... Motto: Nemo me impune lacessit (English: No one provokes me with impunity) Scotlands location within Europe Scotlands location within the United Kingdom Languages English, Gaelic, Scots Capital Edinburgh Largest city Glasgow First Minister Jack McConnell Area - Total - % water Ranked 2nd UK 78,782 km² 1. ... The 1980s decade refers to the years from 1980 to 1989, inclusive. ...


Public distrust of lawyers reached record heights in the United States after the Watergate scandal.[97][95] 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.[98] In 1989, American legal self-help publisher Nolo Press published a 171-page compilation of negative anecdotes about lawyers from throughout human history.[99] The term Watergate refers to a series of events, spanning from 1972 to 1974, that began with U.S. President Nixons administrations abuse of power toward the goal of undermining political opposition in the public anti-war movement and the Democratic Party. ... 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. ...


More information by country

Commonwealth countries

It has been suggested that Barrister#Advocates in Scotland be merged into this article or section. ... A barrister (advocate in Scotland and the Channel Islands, barrister-at-law in Ireland and elsewhere) is a lawyer found in some Common law jurisdictions who principally, but not exclusively, represents litigants as their advocate before the courts of that jurisdiction. ... A solicitor is a type of lawyer in many common law jurisdictions, such as the United Kingdom, Hong Kong, Republic of Ireland, Canada and some States of Australia but not the United States. ...

United States

For information on the type of fish called Lawyer, see the article on Burbot. ...

See also

An ambulance chaser is a derogatory term for an unethical lawyer, especially those who represent plaintiffs in personal injury actions. ... An attorney is someone who represents someone else in the transaction of business: For attorney-at-law, see lawyer, solicitor, barrister or civil law notary. ... A law firm is a business entity formed by one or more lawyers to engage in the practice of law. ... The following lists are of prominent jurists, including judges, listed in alphabetical order by jurisdiction. ... This article or section may contain external links added only to promote a website, product or service – otherwise known as spam. ... This is a list of people primarily famous as lawyers, ordered within each category alphabetically by last name. ... The examples and perspective in this article or section may not represent a worldwide view. ... The examples and perspective in this article or section may not represent a worldwide view. ...

External links

United States

The Bureau of Labor Statistics was founded in 1884 by President Chester A. Arthur. ...

References

  1. ^ 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.
  2. ^ 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.
  3. ^ 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.
  4. ^ 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.
  5. ^ Walter O. Reyrauch, The Personality of Lawyers (New Haven: Yale University Press, 1964): 27.
  6. ^ 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.
  7. ^ 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.
  8. ^ Bastard, 299.
  9. ^ 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.
  10. ^ 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.
  11. ^ 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.
  12. ^ Richard L. Abel, The Legal Profession in England and Wales (London: Basil Blackwell, 1989), 116.
  13. ^ 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.
  14. ^ See Abel, England and Wales, 56 and 141.
  15. ^ Jene, 369.
  16. ^ Rokumoto, 164.
  17. ^ 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.
  18. ^ Richard L. Abel, American Lawyers (New York: Oxford University Press, 1989): 132.
  19. ^ Abel, England and Wales, 1 and 141.
  20. ^ Arthurs, 125; Johnsen, 74; and Perdomo, 387.
  21. ^ 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.
  22. ^ 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.
  23. ^ Abel, England and Wales, 185; Bastard, 318.
  24. ^ 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.
  25. ^ 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.
  26. ^ Murray, 325; and Rokumoto, 164.
  27. ^ Rokumoto, 164.
  28. ^ Arthurs, 125; and Perdomo, 387.
  29. ^ Huyse, 227.
  30. ^ Abel, England and Wales, 176; Murray, 325; and Perdomo, 387.
  31. ^ Abel, England and Wales, 177.
  32. ^ Weisbrot, 292.
  33. ^ Weisbrot, 251.
  34. ^ Arthurs, 125; Huyse, 227; and Schuyt, 201.
  35. ^ Huyse, 227.
  36. ^ Ralph Warner & Stephen Elias, Fed Up with the Legal System: What's Wrong & How to Fix It (Berkeley: Nolo Press, 1994): 11.
  37. ^ Abel, American Lawyers, 133.
  38. ^ Arthurs, 161; Murray, 342; Perdomo, 392; Schuyt, 211; and Weisbrot, 288.
  39. ^ Boigeol, 280; and Jene, 376.
  40. ^ Johnsen, 75
  41. ^ Blankenburg, 143.
  42. ^ Olgiati, 354.
  43. ^ Huyse, 227; and Schuyt, 201.
  44. ^ Abel, England and Wales, 45-59 and ; Rokumoto, 165; and Schuyt, 204.
  45. ^ Olgiati, 345.
  46. ^ Perdomo, 384.
  47. ^ Blankenburg, 132; and Olgiati, 345.
  48. ^ Abel, American Lawyers, 57; and Murray, 337.
  49. ^ Falcão, 410.
  50. ^ 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.
  51. ^ a b Abel, American Lawyers, 62.
  52. ^ 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.
  53. ^ Weisbrot, 266.
  54. ^ Abel, England and Wales, 214; Arthurs, 131; Gandhi, 374; and Weisbrot, 277.
  55. ^ Gandhi, 374.
  56. ^ Blankenburg, 133.
  57. ^ Olgiati, 353.
  58. ^ Abel, American Lawyers, 122.
  59. ^ Weisbrot, 264.
  60. ^ Johnsen, 86.
  61. ^ Boigeol, 271.
  62. ^ Abel, England and Wales, 127 and 243-249; Arthurs, 135; and Weisbrot, 279.
  63. ^ Bastard, 295; and Falcão, 401.
  64. ^ Blankenburg, 139.
  65. ^ Jene, 370.
  66. ^ Paterson, 79.
  67. ^ Arthurs, 143.
  68. ^ Murray, 339; Rokumoto, 163; and Schuyt, 207.
  69. ^ Abel, American Lawyers, 116.
  70. ^ Arthurs, 135.
  71. ^ Blankenburg, 139.
  72. ^ Weisbrot, 244.
  73. ^ Bastard, 299.
  74. ^ Falcão, 404.
  75. ^ Olgiati, 343.
  76. ^ Huyse, 239.
  77. ^ Arthurs, 140.
  78. ^ Abel, American Lawyers, 68.
  79. ^ Abel, Civil Law World, 10; Johnsen, 70; Olgiati, 339; and Rokumoto, 161.
  80. ^ Johnsen, 86.
  81. ^ Falcão, 423.
  82. ^ Abel, England and Wales, 29; and Arthurs, 148.
  83. ^ Arthurs, 138; and Weisbrot, 281.
  84. ^ Abel, American Lawyers, 246.
  85. ^ Abel, American Lawyers, 147; Abel, England and Wales, 135 and 250; Arthurs, 146; Paterson, 104; and Weisbrot, 284.
  86. ^ Abel, England and Wales, 132-133.
  87. ^ Arthurs, 141.
  88. ^ Boigeol, 274; and Olgiati, 344.
  89. ^ Blankenburg, 126; and Boigeol, 272.
  90. ^ Abel, England and Wales, 37.
  91. ^ 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.
  92. ^ Blankenburg, 127.
  93. ^ Weisbrot, 246.
  94. ^ Arthurs, 128.
  95. ^ a b Gerry Spence, With Justice For None: Destroying An American Myth (New York: Times Books, 1989): 27-40
  96. ^ Paterson, 76.
  97. ^ Jerold Auerbach, Unequal Justice: Lawyers and Social Change in Modern America (New York: Oxford University Press, 1976): 301.
  98. ^ 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, Merritt Publishing, 1996): 2; and Stuart Kahan and Robert M. Cavallo, Do I Really Need A Lawyer? (Radnor, PA: Chilton Book Company, 1979): 2.
  99. ^ Andrew Roth & Jonathan Roth, Devil's Advocates: The Unnatural History of Lawyers (Berkeley: Nolo Press, 1989): ix.

 
 

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