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Encyclopedia > Practice of law

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 law notary. However, there is a substantial amount of overlap between the practice of law and various other professions where clients are represented by agents. These professions include real estate, banking, accounting, and insurance. Moreover, a growing number of independent paralegals are offering services which have traditionally been offered only by lawyers and their employee paralegals. Many documents may now be drafted by computer assisted drafting libraries, where the clients are asked a series of questions posed by the software in order to construct the legal documents. The practice of law is very exhausting. The training to be a lawyer is very rigorous. It includes long hours of study and many examinations, which requires a great amount of mental and physical strength and willingness. Weighing scales represent the way law balances peoples interests For other senses of this word, see Law (disambiguation). ... Negotiation is the process where interested parties resolve disputes, agree upon courses of action, bargain for individual or collective advantage, and/or attempt to craft outcomes which serve their mutual interests. ... A trial at the Old Bailey in London as drawn by Thomas Rowlandson and Augustus Pugin for Ackermanns Microcosm of London (1808-11). ... A lawsuit is a civil action brought before a court in which the party commencing the action, the plaintiff, seeks a legal remedy. ... English barrister 16th century painting of a civil law notary, by Flemish painter Quentin Massys. ... For information on the type of fish called Lawyer, see the article on Burbot. ... English barrister A barrister is a lawyer found in many common law jurisdictions who employ a split profession (as opposed to a fused profession) in relation to legal representation. ... 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, but not the United States (in the United States the word has a quite different meaning—see below). ... 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. ... Agency is an area of law dealing with a contractual or quasi-contractual relationship between at least two parties in which one, the principal, authorizes the other, the agent, to represent her or his legal interests and to perform legal acts that sometimes bind the principal. ... Real estate is a legal term that encompasses land along with anything permanently affixed to the land, such as buildings. ... For other uses, see Bank (disambiguation). ... It has been suggested that Accounting scholarship be merged into this article or section. ... The examples and perspective in this article or section may not represent a worldwide view. ... // In the United States, a paralegal works in the legal profession, typically as an assistant to a lawyer. ... A Lego RCX Computer is an example of an embedded computer used to control mechanical devices. ...

Contents

United States perspective

In the United States, the practice of law is conditioned upon admission to the bar of a particular state or other territorial jurisdiction. The American Bar Association and the American Law Institute are among the organizations that are concerned with the interests of lawyers as a profession and the promulgation of uniform standards of professionalism and ethics, but regulation of the practice of law is left to the individual states. In the United States, admission to the bar is permission granted to a lawyer to practice law. ... Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures State Courts Counties, Cities, and Towns Other countries â€¢ Politics Portal      A state of the United States is any one of the fifty subnational entities referred to... In law, jurisdiction (from the Latin jus, juris meaning law and dicere meaning to speak) is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area... 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. ... The American Law Institute (ALI) was established in 1923 to promote the clarification and simplification of American common law and its adaptation to changing social needs. ...


Unauthorized practice of law

The "unauthorized practice of law" (UPL) is prohibited by statute or court rules in every state except Arizona. For example, Texas law generally prohibits a person who is not an attorney from representing a client in a personal injury or property damage matter, and punishes a violation as a misdemeanor. [1] Some states also criminalize the separate behavior of falsely claiming to be lawyer (in Texas, for example, this is a felony). [2] The Statute of Grand Duchy of Lithuania A statute is a formal, written law of a country or state, written and enacted by its legislative authority, perhaps to then be ratified by the highest executive in the government, and finally published. ... Official language(s) English Capital Phoenix Largest city Phoenix Area  Ranked 6th  - Total 113,998 sq mi (295,254 km²)  - Width 310 miles (500 km)  - Length 400 miles (645 km)  - % water 0. ... Official language(s) See: Languages of Texas Capital Austin Largest city Houston Area  Ranked 2nd  - Total 268,581 sq mi (695,622 km²)  - Width 773 miles (1,244 km)  - Length 790 miles (1,270 km)  - % water 2. ...


Interpretations of the term "unauthorized practice of law" vary among jurisdictions. For example, the use of independent paralegals in California is tolerated to a high degree. Many of the activities paralegals perform in California may be considered the "unauthorized practice of law" if performed in New York.


Most unauthorized practice of law may be unintentional. Probably the most common violators are accountants, paralegals, public notaries, and people who formerly worked for an attorney. Many times what seems to them to be "common knowledge" or "just helping out a friend" in fact crosses the line into practice of law. For instance, many accountants who represent small businesses will "fill out some forms" to create a corporation. They are drafting legal documents, which requires a law license. A notary public who reads instructions, asks questions, and tells a person which forms to use and how to fill them out may be giving legal advice. Buying a legal form in a store and helping a friend fill it out involves giving legal advice and drafting legal documents. Lawyers often begin drafting documents by modifying forms obtained from form books rather than drafting "from scratch."


In most states, unauthorized practice of law is a criminal offense. However, while there are cases of individuals being prosecuted for the unauthorized practice of law, absent fraud, theft, or serious violations of consumer protection laws, common practice is simply to explain to the person that the questioned activities constituted unauthorized practice of law and get an agreement that the person will desist. Consumer protection is government regulation to protect the interests of consumers, for example by requiring businesses to disclose detailed information about products, particularly in areas where safety or public health is an issue, such as food. ...


References

  1. ^ Tex. Gov’t Code sec. 38.123
  2. ^ Tex. Gov’t Code sec. 38.122

See also


  Results from FactBites:
 
Practice of law - Wikipedia, the free encyclopedia (602 words)
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 law notary.
In the United States, the practice of law is conditioned upon admission to the bar of a particular state or other territorial jurisdiction.
The American Bar Association and the American Law Institute are among the organizations that are concerned with the interests of lawyers as a profession and the promulgation of uniform standards of professionalism and ethics, but regulation of the practice of law is left to the individual states.
  More results at FactBites »

 
 

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