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Wikipedia

Lawyer

January 26, 2023

For other uses, see Lawyer (disambiguation).

A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solicitor, legal executive, or public servant — with each role having different functions and privileges.[1] Working as a lawyer generally involves the practical application of abstract legal theories and knowledge to solve specific problems. Some lawyers also work primarily in advancing the interests of the law and legal profession.[2][3]

Lawyer
Helena Normanton in English court dress, c. 1950
Occupation
Namesattorney, advocate, barrister, counsel, judge, justice, solicitor, legal executive
Activity sectors
Law, business
Description
CompetenciesAnalytical skills
Critical thinking
Law
Legal research
Legal writing
Legal ethics
Education required
Professional requirements
Fields of
employment
Courts, government, law firms, NGOs, legal aid, corporations
Related jobs
Barrister, Solicitor, Legislator, Judge, Jurist, Advocate, Attorney, Legal executive, Prosecutor, Law clerk, Law professor, Civil law notary, Magistrate, Politician

Terminology

Different legal jurisdictions have different requirements in the determination of who is recognized as being a lawyer. As a result, the meaning of the term "lawyer" may vary from place to place.

Some jurisdictions have two types of lawyers, barrister and solicitors, while others fuse the two. A barrister (also known as an advocate or counselor in some jurisdictions) is a lawyer who typically specializes in arguing before courts, particularly in higher courts. A solicitor (or attorney) is a lawyer who is trained to prepare cases and give advice on legal subjects. Depending on jurisdiction, solicitors can also represent people in lower courts but do not have ordinarily have rights of audience in higher courts. Both solicitors and barristers are trained in law. However, in jurisdictions where there is a split profession, only barristers are admitted as members of a bar association.

The distinction between barristers and solicitors originated in the English legal system, but many countries that adopted English law have eliminated the distinction. Countries such as New Zealand, Canada (with the exception of Quebec, which practices civil law), India, Pakistan, and the US have adopted a fused profession, where all lawyers have the privileges of both barristers and solicitors.[4]

Some fused-profession jurisdictions use one term to describe lawyers generally. For example, the US lawyers are typically referred to as "attorneys",[5] while Indian and Pakistani lawyers are known as "advocates". Other fused jurisdictions use terms such as "barrister and solicitor" or "attorney and counselor" to describe lawyers in general.

Nonetheless, the terminology of "barrister" and "solicitor" may still be applied to lawyers who deal in the specific kinds of work barristers and solicitors generally do. In countries like the US, however, the term "trial lawyer" typically describes the work of a lawyer who specialises primarily in arguing cases.

Nonetheless, in countries like England, Wales, Australia, and South Africa, the distinction between barristers and solicitors remain. Additionally, England and Wales has a number of other classifications of lawyers, which include registered foreign lawyers, patent attorneys, trademark attorneys, licensed conveyancers, public notaries, commissioners for oaths, immigration advisers and chartered legal executives. Under the English Legal Services Act 2007, "lawyer" is not a protected title. In other jurisdictions, like the United States, there are strict restrictions on who may call themselves a lawyer, with paralegals and patent agents generally disallowed.[6][7][5]

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.[8][9] 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;[10] rather, their legal professions consist of a large number of different kinds of law-trained persons, known as jurists, some of whom are advocates who are licensed to practice in the courts.[11][12][13] 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.[14]

Notably, England, the mother of the common law jurisdictions, emerged from the Middle Ages with similar complexity in its legal professions, but then evolved by the 19th century to a single division between barristers and solicitors. An equivalent division developed between advocates and procurators in some civil law countries; these two types did not always monopolize the practice of law, in that they coexisted with civil law notaries.[15][16][17]

Several countries that originally had two or more legal professions have since fused or united their professions into a single type of lawyer.[18][19][20][21] Most countries in this category are common law countries, though France, a civil law country, merged its jurists in 1990 and 1991 in response to Anglo-American competition.[22] In countries with fused professions, a lawyer is usually permitted to carry out all or nearly all the responsibilities listed below.

Oral argument in the courts

 
Oral arguments being made before the New York Court of Appeals.

Arguing a client's case before a judge or jury in a court of law is the traditional province of the barrister in England and Australia,[23] and of advocates in some civil law jurisdictions.[24] 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.[25] In countries like the United States, which have fused legal professions, there are trial lawyers who specialize in trying cases in court, but trial lawyers do not have a legal monopoly like barristers. 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.[26] In other countries, like Venezuela, no one may appear before a judge unless represented by a lawyer.[27] 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.[28][29]

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. Also, they draft legal papers and prepare for an oral argument.

In England, the usual division of labor is that a solicitor will obtain the facts of the case from the client and then brief a barrister (usually in writing).[30] The barrister then researches and drafts the necessary court pleadings (which will be filed and served by the solicitor) and orally argues the case.[31]

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.[32]

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.[33]

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 conseils juridiques (who were merged into the main legal profession in 1991).[34] 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.[35]

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 is explained in six steps. First, the relationship begins with an intake interview where the lawyer gets to know the client personally. The second step is discovering the facts of the client's case. Thirdly is clarifying what the client wants to accomplish. The fourth step is where the lawyer shapes the client's expectations as to what actually can be accomplished. The second to last step begins to develop various claims or defenses for the client. Lastly, the lawyer explains her or his fees to the client.[36][37]

In England, only solicitors were traditionally in direct contact with the client.[38] The solicitor retained a barrister if one was necessary and acted as an intermediary between the barrister and the client.[39] In most cases barristers were 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 practicing, at a court at which they normally appeared and at their usual rates.[40][41]

Legal advice

Main article: Legal advice

Legal advice is the application of abstract principles of law to the concrete facts of the client's case 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.[42][43][44] 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 the unauthorized practice of law.[45]

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.[46][47] Some countries go further; in England and Wales, there is no general prohibition on the giving of legal advice.[48] Singapore does not have any admission requirements for in-house counsel.[49] Sometimes civil law notaries are allowed to give legal advice, as in Belgium.[50]

In many countries, non-jurist accountants may provide what is technically legal advice in tax and accounting matters.[51]

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.[33][52]

The trend in industrialized countries since the 1970s has been to greatly restrict the role of clerks and scriveners in patent and trademark work, and to require these functions to be performed only by lawyers or other licensed agents. This ensures that all work product in such cases receives the full protection of attorney-client privilege.

In the United States, for example, the Patent and Trademark Office (PTO) may not speak with anyone but the applicant's attorney about pending applications, and all documents filed in connection with a pending application are automatically accorded attorney-client privilege. The European Patent Office has a similar policy.

In contrast, many countries in the world do not recognize attorney-client privilege for work product related to intellectual property, or have only very limited recognition of the privilege. These countries include China, Japan, Korea, much of Southeast Asia, and most of Latin America. As a result, great care must be taken in these countries to protect intellectual property, as any work product related to a pending application may be disclosed to the public.

Many companies choose to file their applications in the United States or Europe first, and then file for protection in other countries where attorney-client privilege is not recognized. This allows them to keep their work product confidential while they are still in the process of perfecting their invention or design.[53]

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.[54] In others, jurists or notaries may negotiate or draft contracts.[55]

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).[56]

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).[57] 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),[58] and a 1978 study showed that conveyancing "accounts for as much as 80 percent of solicitor-client contact in New South Wales."[59] In most common law jurisdictions outside of the United States, this monopoly arose from an 1804 law[60] 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.[61]

In others, the use of a lawyer is optional and banks, title companies, or realtors may be used instead.[62] In some civil law jurisdictions, real estate transactions are handled by civil law notaries.[63] In England and Wales a special class of legal professionals–the licensed conveyancer–is also allowed to carry out conveyancing services for reward.[64]

Carrying out the intent of the deceased

In many countries, only lawyers have the legal authority to draft 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.[55]

In the United States, the estates of the deceased must generally be administered by a court through probate. American lawyers have a profitable monopoly on dispensing advice about probate law (which has been heavily criticized).[65]

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.[66] 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.[67]

Education

Main article: Legal education
 
Law Faculty of Comenius University in Bratislava (Slovakia).

The educational prerequisites for becoming a lawyer vary greatly from country to country. In some countries, law is taught by a faculty of law, which is a department of a university's general undergraduate college.[68] Law students in those countries pursue a Master or Bachelor of Laws degree. In some countries it is common or even required for students to earn another bachelor's degree at the same time. It is often followed by a series of advanced examinations, apprenticeships, and additional coursework at special government institutes.[69]

In other countries, particularly the UK and U.S.A., law is primarily taught at law schools.[70] In America, the American Bar Association decides which law schools to approve and thereby which ones are deemed most respectable.[71] In England and Wales,[72] the Bar Professional Training Course (BPTC) must be taken to have the right to work and be named as a barrister. Students who decide to pursue a non-law subject at degree level can instead study the Graduate Diploma in Law (GDL) after their degrees, before beginning the Legal Practice Course (LPC) or BPTC. In the United States[73] and countries following the American model, (such as Canada[74] 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[75] and Canada (with the exception of McGill University) award graduating students a J.D. (Juris Doctor/Doctor of Jurisprudence) (as opposed to the Bachelor of Laws) as the practitioner's law degree. Many schools also offer post-doctoral law degrees such as the LL.M (Legum Magister/Master of Laws), or the S.J.D. (Scientiae Juridicae Doctor/Doctor of Juridical Science) for students interested in advancing their research knowledge and credentials in a specific area of law.[76]

The methods and quality of legal education vary widely. Some countries require extensive clinical training in the form of apprenticeships or special clinical courses.[77] Others, like Venezuela, do not.[78] 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).[79][80] 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).[81][82][83] 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.[84]

Some countries, particularly industrialized ones, have a traditional preference for full-time law programs,[85] while in developing countries, students often work full- or part-time to pay the tuition and fees of their part-time law programs.[86][87]

Law schools in developing countries share several common problems, such as an over reliance on practicing judges and lawyers who treat teaching as a part-time hobby (and a concomitant scarcity of full-time law professors);[88][89] incompetent faculty with questionable credentials;[90] and textbooks that lag behind the current state of the law by two or three decades.[88][91]

Earning the right to practice law

Main article: Admission to practice law
 
Clara Shortridge Foltz, admitted to the California Bar through an examination before attending law school.

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.[92] Mexico allows anyone with a law degree to practice law.[93] 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.[92][94][95] In a handful of U.S. states, one may become an attorney (a so-called country lawyer) by simply "reading law" and passing the bar examination, without having to attend law school first (although very few people actually become lawyers that way).[96]

Some countries require a formal apprenticeship with an experienced practitioner, while others do not.[97] For example, in South Africa it is required that in addition to obtaining an LL.B degree that person has to complete a year of pupillage under an experienced Advocate and have to be admitted to the bar to practice as an Advocate. Holders of an LL.B must have completed two years of clerkship under a principal Attorney (known as Articles) and passed all four board exams to be admitted as an "Attorney" and refer to themselves as such. A few jurisdictions still allow an apprenticeship in place of any kind of formal legal education (though the number of persons who actually become lawyers that way is increasingly rare).[98]

Some countries, such as Singapore, do not have any admission requirements for in-house counsel.[49]

Career structure

 
U.S. President Abraham Lincoln is a famous example of a lawyer who became a politician.

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 become a prosecutor, government counsel, corporate in-house counsel, administrative law judge, judge, arbitrator, or law professor.[99] There are also many non-legal jobs for which legal training is good preparation, such as politician, corporate executive, government administrator, investment banker, entrepreneur, or journalist.[100] 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.[101]

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.[102] After one earns a law degree, career mobility may be severely constrained.[103] For example, unlike their American counterparts,[104] it is difficult for German judges to leave the bench and become advocates in private practice.[105] Another interesting example is France, where for much of the 20th century, all judiciary officials were graduates of an elite professional school for judges. Although the French judiciary 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 judicial office.[106]

In a few civil law countries, such as Sweden,[107] 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 represent clients in a broad field of legal matters.[108] In others, there has been a tendency since the start of the 20th century for lawyers to specialize early in their careers.[109][110]

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.[111][112] Texas offers attorneys the opportunity to receive a board certification through the state's Texas Board of Legal Specialization. To be board certified, attorney applicants undergo a rigorous examination in one of 24 areas of practice offered by the Texas Board of Legal Specialization. Only those attorneys who are "board certified" are permitted to use the word "specialize" in any publicly accessible materials such as a website or television commercial. See Texas Rule 7.02(a)(6).[113]

Organizations

Main article: Law firm

Lawyers in private practice generally work in specialized businesses known as law firms,[114] 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.[115] The United States, with its large number of firms with more than 50 lawyers, is an exception.[116] 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.

Notably, barristers in England, Wales, Northern Ireland and some states in Australia do not work in "law firms". Those who offer their services to members of the general public—as opposed to those working "in-house" — are required to be self-employed.[117] 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 specialized chambers this is commonplace. Where lawyer will decide to work is largely down to the remuneration that they will receive. Trainee lawyer salaries vary widely throughout the UK, with their location having a big impact on their pay.[118]

Professional associations and regulation

 
Stamp issued to commemorate the 75th anniversary of the American Bar Association.

Mandatory licensing and membership in professional organizations

In some jurisdictions, either the judiciary[119] or the Ministry of Justice[120] 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.[121] 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.[122] In civil law countries, comparable organizations are known as Orders of Advocates,[123] Chambers of Advocates,[124] Colleges of Advocates,[125] Faculties of Advocates,[126] or similar names. Generally, a nonmember caught practicing law may be liable for the crime of unauthorized practice of law.[127]

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 230,000 members.

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.[128] Others, especially those with federal governments, tend to regulate lawyers at the state or provincial level; this is the case in the United States,[129] Canada,[130] Australia,[131] and Switzerland,[132] to name a few. Brazil is the most well-known federal government that regulates lawyers at the national level.[133]

Some countries, like Italy, regulate lawyers at the regional level,[134] 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).[135] 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 (Bundesgerichtshof 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.[136]

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.

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,[137] and similarly, American citizenship and residency requirements were struck down as unconstitutional by the U.S. Supreme Court in 1973 and 1985, respectively.[138] The European Court of Justice made similar decisions in 1974 and 1977 striking down citizenship restrictions in Belgium and France.[139]

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),[140] or whether lawyers should be subject to supervision by the Ministry of Justice in the executive branch.

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.[141] 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.[120] 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.[142][143]

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.[144][145] China is a prime example: technically, the People's Republic of China did not have lawyers, and instead had only poorly trained, state-employed "legal workers," prior to the enactment of a comprehensive reform package in 1996 by the Standing Committee of the National People's Congress.[146]

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).[147] 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.[148]

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.[149] Disciplinary mechanisms have been astonishingly ineffective, and penalties have been light or nonexistent.[150][151][152]

Voluntary associations

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.[93][153] In American English, such associations are known as voluntary bar associations.[154] The largest voluntary professional association of lawyers in the English-speaking world is the American Bar Association.

In some countries, like France and Italy, lawyers have also formed trade unions.[155]

Cultural perception

 
A British political cartoon showing a barrister and a solicitor throwing black paint at a woman sitting at the feet of a statue representing Justice.

Hostility towards the legal profession is a widespread phenomenon. For example, William Shakespeare famously wrote, "The first thing we do, let's kill all the lawyers" in Henry VI, Part 2, Act IV, Scene 2. 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.[156] Complaints about too many lawyers were common in both England and the United States in the 1840s,[157][158] Germany in the 1910s,[159] and in Australia,[160] Canada,[161] the United States,[162][163][164] and Scotland[165] in the 1980s.

Public distrust of lawyers reached record heights in the United States after the Watergate scandal.[164][166] 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.[167] Lawyer jokes (already a perennial favorite) also soared in popularity in English-speaking North America as a result of Watergate.[168] In 1989, American legal self-help publisher Nolo Press published a 171-page compilation of negative anecdotes about lawyers from throughout human history.[169]

In Adventures in Law and Justice (2003), legal researcher Bryan Horrigan dedicated a chapter to "Myths, Fictions, and Realities" about law and illustrated the perennial criticism of lawyers as "amoral [...] guns for hire"[170] with a quote from Ambrose Bierce's satirical The Devil's Dictionary (1911) that summarized the noun as: "LAWYER, n. One skilled in circumvention of the law."[171]

More generally, in Legal Ethics: A Comparative Study (2004), law professor Geoffrey C. Hazard, Jr. with Angelo Dondi briefly examined the "regulations attempting to suppress lawyer misconduct" and noted that their similarity around the world was paralleled by a "remarkable consistency" in certain "persistent grievances" about lawyers that transcends both time and locale, from the Bible to medieval England to dynastic China.[172] The authors then generalized these common complaints about lawyers as being classified into five "general categories" 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
  • charging excessive fees[173]

Some studies have shown that suicide rates among lawyers may be as much as six times higher than the average population, and commentators suggest that the low opinion the public has of lawyers, combined with their own high ideals of justice, which in practice they may see denied, increase the depression rates of those in this profession.[174][175] Additionally, lawyers are twice as likely to suffer from addiction to alcohol and other drugs.[176]

Compensation

Main article: Attorney's fee
 
Peasants paying for legal services with produce in The Village Lawyer, c. 1621, by Pieter Brueghel the Younger

In the United States, lawyers typically earn between $45,000 and $160,000 per year, although earnings vary by age, experience, and practice setting.[177][178][179][180] Solo practitioners typically earn less than lawyers in corporate law firms but more than those working for state or local government.

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,[181] a contingency fee[182] (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. Recent studies suggest that when lawyers charge a fixed-fee rather than billing by the hour, they work less hard on behalf of clients and client get worse outcomes.[183][184] 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,[185] although in turn, its legislators have carved out many exceptions to the so-called "American Rule" of no fee shifting.

Lawyers working directly on the payroll of governments, nonprofits, and corporations usually earn a regular annual salary.[186] In many countries, with the notable exception of Germany,[187] lawyers can also volunteer their labor in the service of worthy causes through an arrangement called pro bono (short for pro bono publico, "for the common good").[188] Traditionally such work was performed on behalf of the poor, but in some countries it has now expanded to many other causes such as the environment.

In some countries, there are legal aid lawyers who specialize in providing legal services to the indigent.[189][190] 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.[191] A similar system, though not as extensive or generous, operates in Australia, Canada, and South Africa.[192]

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.[193] 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.[194] In Germany, mandatory fee structures have enabled widespread implementation of affordable legal expense insurance.[195]

History

Main articles: History of the legal profession and History of the American legal profession
 
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.

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.[196] However, around the middle of the fourth century, the Athenians disposed of the perfunctory request for a friend.[197] 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.[198] 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.[199] 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.[200]

Ancient Rome

A law enacted in 204 BC barred Roman advocates from taking fees, but the law was widely ignored.[201] 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.[202] This was apparently not much money; the Satires of Juvenal complained that there was no money in working as an advocate.[203]

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.[204] But very early on, unlike Athens, Rome developed a class of specialists who were learned in the law, known as jurisconsults (iuris consulti).[205] Jurisconsults were wealthy amateurs who dabbled in law as an intellectual hobby; they did not make their primary living from it.[205] They gave legal opinions (responsa) on legal issues to all comers (a practice known as publice respondere).[206] 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.[205] 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."[205]

 
Detail from the sarcophagus of Roman lawyer Valerius Petronianus 315–320 AD. Picture by Giovanni Dall'Orto.

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.[207] 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.[208] The centralization and bureaucratization of the profession was apparently gradual at first, but accelerated during the reign of Emperor Hadrian.[209] At the same time, the jurisconsults went into decline during the imperial period.[210]

In the words of Fritz Schulz, "by the fourth century things had changed in the eastern Empire: advocates now were really lawyers."[211] For example, by the fourth century, advocates had to 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.[212] 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.[213] Claudius's fee ceiling lasted all the way into the Byzantine period, though by then it was measured at 100 solidi.[214] It was widely evaded, either through demands for maintenance and expenses or a sub rosa barter transaction.[214] The latter was cause for disbarment.[214]

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.[215] They were ubiquitous and most villages had one.[215] In Roman times, notaries were widely considered to be inferior to advocates and jury consults.

Middle Ages

 
King James I overseeing a medieval court, from an illustrated manuscript of a legal code.

After the fall of the Western Roman Empire and the onset of the Early Middle 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.' "[216] However, from 1150 (when Decretum Gratiani was compiled) 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 Catholic Church as priests.[217] 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.[218]

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.[219] During the same decade, the emperor of the Holy Roman Empire Frederick II, the king of the Kingdom of Sicily, imposed a similar oath in his civil courts.[220] By 1250, the nucleus of a new legal profession had clearly formed.[221] 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.[222] Although not adopted by the council, it was highly influential in many such courts throughout Europe.[222] 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,[223] and in 1280 the mayor's court of the city of London promulgated regulations concerning admission procedures, including the administering of an oath.[224] And in 1345, the French crown promulgated a royal ordinance which set forth 24 rules governing advocates, of which 12 were integrated into the oath to be taken by them.[225]

The French medieval oaths were widely influential and of enduring importance; for example, they directly influenced the structure of the advocates' oath adopted by the Canton of Geneva in 1816.[226] In turn, the 1816 Geneva oath served as the inspiration for the attorney's oath drafted by David Dudley Field as Section 511 of the proposed New York Code of Civil Procedure of 1848, which was the first attempt in the United States at a comprehensive statement of a lawyer's professional duties.[226]

Titles

 
Example of a diploma from Suffolk University Law School conferring the Juris Doctor degree.

Generally speaking, the modern practice is for lawyers to avoid use of any title, although formal practice varies across the world.

Historically lawyers in most European countries were addressed with the title of doctor, and countries outside of Europe have generally followed the practice of the European country which had policy influence through colonization. The first university degrees, starting with the law school of the University of Bologna (or glossators) in the 11th century, were all law degrees and doctorates.[227] Degrees in other fields did not start until the 13th century, but the doctor continued to be the only degree offered at many of the old universities until the 20th century. Therefore, in many of the southern European countries, including Portugal, Italy and Malta, lawyers have traditionally been addressed as “doctor,” a practice, which was transferred to many countries in South America and Macau. The term "doctor" has since fallen into disuse, although it is still a legal title in Italy and in use in many countries outside of Europe.[228]

In French- (France, Quebec, Belgium, Luxembourg, French-speaking area of Switzerland) and Dutch-speaking countries (Netherlands, Belgium), legal professionals are addressed as Maître ..., abbreviated to Me ... (in French) or Meester ..., abbreviated to mr. ... (in Dutch).

The title of doctor has never been used to address lawyers in England or other common law countries (with the exception of the United States). This is because until 1846 lawyers in England were not required to have a university degree and were trained by other attorneys by apprenticeship or in the Inns of Court.[229] Since law degrees started to become a requirement for lawyers in England, the degree awarded has been the undergraduate LL.B. In South Africa holders of a LL.B, who have completed a year of pupillage and have been admitted to the bar may use the title "Advocate", abbreviated to "Adv" in written correspondence. Holders of an LL.B who have completed two years of clerkship with a principal Attorney and passed all four board exams may be admitted as an "Attorney" and refer to themselves as such. Likewise, Italian law graduates who have qualified for the bar use the title "Avvocato", abbreviated in "Avv."

Even though most lawyers in the United States do not use any titles, the law degree in that country is the Juris Doctor, a professional doctorate degree,[230] and some J.D. holders in the United States use the title of "Doctor" in professional[231] and academic situations.

In countries where holders of the first law degree traditionally use the title of doctor (e.g. Peru, Brazil, Macau, Portugal, Argentina), J.D. holders who are attorneys will often use the title of doctor as well.[232] It is common for English-language male lawyers to use the honorific suffix "Esq." (for "Esquire"). In the United States the style is also used by female lawyers.

In many Asian countries, holders of the Juris Doctor degree are also called "博士" (doctor).[233]

In the Philippines and Filipino communities overseas, lawyers who are either Filipino or naturalized-citizen expatriates at work there, especially those who also profess other jobs at the same time, are addressed and introduced as either Attorney or Counselor (especially in courts), rather than Sir/Madam in speech or Mr./Mrs./Ms. (G./Gng./Bb. in Filipino) before surnames. That word is used either in itself or before the given name or surname.

See also

Notes

  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, ISBN 0-8047-4882-9), 20–23.
  3. ^ John Henry Merryman and Rogelio Pérez-Perdomo, The Civil Law Tradition: An Introduction to the Legal Systems of Europe and Latin America, 3rd ed. (Stanford: Stanford University Press, 2007),102–103.
  4. ^ Advocates Act, 1961 2008-08-19 at the Wayback Machine, s. 2.
  5. ^ a b "Rule 5.5: Unauthorized Practice of Law; Multijurisdictional Practice of Law". American Bar Association. from the original on 2015-06-02. Retrieved 2015-04-18.
  6. ^ Carl W. Battle, The Patent Guide: A Friendly Guide to Protecting and Profiting from Patents (New York: Allworth Press, 1997), 49.
  7. ^ David G. Cooper and Michael J. Gibson, Introduction to Paralegal Studies, 2nd ed.(Clifton Park: Thomson Delmar Learning, 1998), 4.
  8. ^ 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.
  9. ^ Merryman, 105–109.
  10. ^ Walter O. Weyrauch, The Personality of Lawyers (New Haven: Yale University Press, 1964), 27.
  11. ^ 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.
  12. ^ 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.
  13. ^ Merryman, 105.
  14. ^ Hazard, 21–33.
  15. ^ 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.
  16. ^ 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.
  17. ^ 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.
  18. ^ Bastard, 299, and Hazard, 45.
  19. ^ 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.
  20. ^ 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.
  21. ^ 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.
  22. ^ 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.
  23. ^ "What is a Barrister?". from the original on 2020-03-03. Retrieved 2020-04-06.
  24. ^ Hazard, 30–32.
  25. ^ Richard L. Abel, The Legal Profession in England and Wales (London: Basil Blackwell, 1989), 116.
  26. ^ See, e.g., Cal. Code. Civ. Proc. § 116.530 2009-08-09 at the Wayback Machine (preventing attorneys from appearing in small claims court except as parties or witnesses).
  27. ^ 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.
  28. ^ Gordon Kent, "Lawyerless Litigants: Is Justice Being Served?" Edmonton Journal, 27 January 2002, A1.
  29. ^ Alan Feuer, "Lawyering by Laymen: More Litigants Are Taking a Do-It-Yourself Tack," The New York Times, 22 January 2001, B1.
  30. ^ Fiona Boyle, Several Capps, Philip Plowden, Clare Sandford, A Practical Guide to Lawyering Skills, 3rd ed. (London: Cavendish Publishing, 2005), 47–50.
  31. ^ See Abel, England and Wales, 56 and 141.
  32. ^ Jene, 369.
  33. ^ a b Rokumoto, 164.
  34. ^ 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.
  35. ^ 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); Walters v. National Ass'n of Radiation Survivors, 473 U.S. 305 (1985) (same).
  36. ^ 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.
  37. ^ John H. Freeman, Client Management for Solicitors (London: Cavendish Publishing Ltd., 1997), 266–274.
  38. ^ Abel, England and Wales, 1 and 141.
  39. ^ J. R. Spencer and Richard M. Jackson, Jackson's Machinery of Justice, 8th ed. (Cambridge: Cambridge University Press, 1989), 336.
  40. ^ R.E. Megarry, Lawyer and Litigant in England (London: Stevens and Sons, 1962), 32.
  41. ^ 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.
  42. ^ Arthurs, 125; Johnsen, 74; and Pérez-Perdomo, "Venezuelan Legal Profession," 387.
  43. ^ 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.
  44. ^ 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.
  45. ^ Justine Fischer and Dorothy H. Lackmann, Unauthorized Practice Handbook: A Compilation of Statutes, Cases, and Commentary on the Unauthorized Practice of Law (Buffalo: William S. Hein Company, 1990), 30–35.
  46. ^ Abel, England and Wales, 185; Bastard, 318.
  47. ^ 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.
  48. ^ Stephen J. McGarry, Multidisciplinary Practices and Partnerships: Lawyers, Consultants, and Clients, § 1.06[1] (New York: Law Journal Press, 2002), 1–29.
  49. ^ a b Holland & Marie (26 November 2018). "HMLegal – Your Outsourced, In-House Counsel Solution". Holland & Marie. from the original on 10 August 2019. Retrieved 10 August 2019.
  50. ^ 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.
  51. ^ Murray, 325; and Rokumoto, 164.
  52. ^ 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. & Poly 781, 783–790 (2001).
  53. ^ Faber J. "Attorney Efficient | Lawyer Blog". Retrieved 2022-05-04.
  54. ^ Arthurs, 125; and Pérez-Perdomo, "Venezuelan Legal Profession," 387.
  55. ^ a b Huyse, 227.
  56. ^ Boigeol, "The Rise of Lawyers," 206.
  57. ^ Abel, England and Wales, 176; Hazard, 90–93; Murray, 325; and Pérez-Perdomo, "Venezuelan Legal Profession," 387.
  58. ^ Abel, England and Wales, 177.
  59. ^ Weisbrot, 292.
  60. ^ s. 14 Stamp Act 1804
  61. ^ 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.
  62. ^ Weisbrot, 251.
  63. ^ Arthurs, 125; Huyse, 227; and Schuyt, 201.
  64. ^ Simon Domberger and Avrom Sherr, "The Impact of Competition on Pricing and Quality of Legal Services," in The Regulatory Challenge, eds. Matthew Bishop, John Kay, Colin Mayer, 119–137 (New York: Oxford University Press, 1995), 121–122.
  65. ^ Ralph Warner & Stephen Elias, Fed Up with the Legal System: What's Wrong & How to Fix It (Berkeley: Nolo Press, 1994), 11.
  66. ^ Hazard, 34–35; Huyse, 227; Merryman, 105, and Schuyt, 201.
  67. ^ Larry J. Siegel and Joseph J. Senna, Introduction to Criminal Justice, 10th ed. (Belmont: Thomson Wadsworth, 2005), 311–325.
  68. ^ 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.
  69. ^ Abel, England and Wales, 45–59; Rokumoto, 165; and Schuyt, 204.
  70. ^ (PDF). Law School Admission Council. 11 March 2016. Archived from the original (PDF) on 26 February 2017. Retrieved 22 July 2017.
  71. ^ "ABA-Approved Law Schools". American Bar Association. from the original on 2018-10-08. Retrieved 2015-04-18.
  72. ^ "The Bar Professional Training Course (BPTC)". Chambers Student. from the original on 2012-03-23. Retrieved 2012-02-23.
  73. ^ Wayne L. Anderson and Marilyn J. Headrick, The Legal Profession: Is it for you? (Cincinnati: Thomson Executive Press, 1996), 52–53.
  74. ^ 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.
  75. ^ "ABA-Approved Law Schools". ABA. American Bar Association. from the original on 22 November 2017. Retrieved 18 November 2017.
  76. ^ Christen Civiletto Carey and Kristen David Adams, The Practice of Law School: Getting In and Making the Most of Your Legal Education (New York: ALM Publishing, 2003), 525.
  77. ^ Hazard, 127–129; Merryman, 103; and Olgiati, 345.
  78. ^ Pérez-Perdomo, "Venezuelan Legal Profession," 384.
  79. ^ 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.
  80. ^ Anderson, 4–10.
  81. ^ Blankenburg, 132; Friedman and Pérez-Perdomo, 6; Hazard, 124–128; and Olgiati, 345.
  82. ^ Sergio Lopez-Ayllon and Hector Fix-Fierro, " '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.
  83. ^ Herbert Hausmaninger, "Austrian Legal Education," 43 S. Tex. L. Rev. 387, 388 and 400 (2002).
  84. ^ Miller, 42–60.
  85. ^ Abel, American Lawyers, 57; Miller, 25; and Murray, 337.
  86. ^ Falcão, 410.
  87. ^ 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.
  88. ^ a b Lopez-Ayllon, 324.
  89. ^ 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.
  90. ^ Junqueira, 89.
  91. ^ 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.
  92. ^ a b Abel, American Lawyers, 62.
  93. ^ a b Lopez-Ayllon, 330.
  94. ^ Hazard, 127, 129, & 133; Miller, 335–341.
  95. ^ 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.
  96. ^ G. Jeffrey MacDonald, "The self-made lawyer: Not every attorney goes to law school," The Christian Science Monitor, 3 June 2003, 13.
  97. ^ Hazard, 129 & 133.
  98. ^ Weisbrot, 266.
  99. ^ Abel, American Lawyers, 167–175; Abel, England and Wales, 214; Arthurs, 131; Gandhi, 374; Merryman, 102, and Weisbrot, 277.
  100. ^ Anderson, 124–131.
  101. ^ Gandhi, 374.
  102. ^ In general, see, Legomsky, Stephen H. (1990) Specialized Justice: Courts, Administrative Tribunals, and a Cross-National Theory of Specialization Oxford University Press, New York, ISBN 978-0-19-825429-4
  103. ^ Merryman, 102–105.
  104. ^ 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.
  105. ^ Blankenburg, 133.
  106. ^ Boigeol, "The Rise of Lawyers," 202.
  107. ^ Bernard Michael Ortwein II, "The Swedish Legal System: An Introduction," 13 Ind. Int'l & Comp. L. Rev. 405, 440–445 (2003).
  108. ^ Hazard, 39–43; Olgiati, 353.
  109. ^ Abel, American Lawyers, 122.
  110. ^ Michael H. Trotter, Profit and the Practice of Law: What's Happened to the Legal Profession (Athens, GA: University of Georgia Press, 1997), 50.
  111. ^ Herbert M. Kritzer, "The fracturing legal profession: the case of plaintiffs' personal injury lawyers," 8 Int'l J. Legal Prof. 225, 228–231 (2001).
  112. ^ Information for lawyers – Penalista para hurto 2015-12-28 at the Wayback Machine
  113. ^ Texas Bar Rule 7.02(a)(6) – TexasBar.com 2021-03-08 at the Wayback Machine
  114. ^ Anderson, 111–117.
  115. ^ Hazard, 39.
  116. ^ Junqueira, 92. According to this source, as of 2003, there were 901 law firms with more than 50 lawyers in the United States.
  117. ^ Gary Slapper and David Kelly, The English Legal System, 7th ed. (London: Cavendish Publishing Ltd., 2004), 550.
  118. ^ "The Highest Paying Jobs for Lawyers". Oxbridge Law Tutors. from the original on 2022-02-20. Retrieved 2022-02-21.
  119. ^ Weisbrot, 264.
  120. ^ a b Johnsen, 86.
  121. ^ Boigeol, “The French Bar,” 271; Merryman, 106, and Junqueira, 89.
  122. ^ Abel, England and Wales, 127 and 243–249; Arthurs, 135; and Weisbrot, 279.
  123. ^ Bastard, 295; and Falcão, 401.
  124. ^ Blankenburg, 139.
  125. ^ Jene, 370.
  126. ^ Paterson, 79.
  127. ^ Arthurs, 143.
  128. ^ Murray, 339; Rokumoto, 163; and Schuyt, 207.
  129. ^ Abel, American Lawyers, 116.
  130. ^ Arthurs, 139.
  131. ^ Weisbrot, 244.
  132. ^ Bastard, 299.
  133. ^ Falcão, 404.
  134. ^ Olgiati, 343.
  135. ^ Huyse, 239.
  136. ^ Howard D. Fisher, The German Legal System and Legal Language, 3rd ed. (London: Routledge Cavendish, 2002), 208–209.
  137. ^ Andrews v Law Society of British Columbia [1989] 1 SCR 143.
  138. ^ Abel, American Lawyers, 68.
  139. ^ 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.
  140. ^ For a classic explanation of the self-regulating legal profession, see the Preamble 2008-12-19 at the Wayback Machine to the ABA Model Rules of Professional Conduct, ¶¶ 10–13.
  141. ^ Abel, Civil Law World, 10; Johnsen, 70; Olgiati, 339; and Rokumoto, 161.
  142. ^ Falcão, 423.
  143. ^ Maria da Gloria Bonelli, "Lawyers' Associations and the Brazilian State, 1843–1997," 28 Law & Soc. Inquiry 1045, 1065 (2003).
  144. ^ Kandis Scott, "Decollectivization and Democracy: Current Law Practice in Romania," 36 Geo. Wash. Int'l L. Rev. 817, 820. (2004).
  145. ^ Timothy J. Tyler, "Judging the Past: Germany's Post-Unification Lawyers' Admissions Review Law," 29 Tex. Int'l L.J. 457, 472 (1994).
  146. ^ Michael J. Moser, "Globalization and Legal Services in China: Current Status and Future Directions," in The Internationalization of the Practice of Law, eds. Jens I. Drolhammer and Michael Pfeifer, 127–136 (The Hague: Kluwer Law International, 2001), 128–129.
  147. ^ Abel, American Lawyers, 142–143; Abel, England and Wales, 29; and Arthurs, 148.
  148. ^ Arthurs, 138; and Weisbrot, 281.
  149. ^ Abel, American Lawyers, 246–247.
  150. ^ Abel, American Lawyers, 147; Abel, England and Wales, 135 and 250; Arthurs, 146; Hazard, 135; Paterson, 104; and Weisbrot, 284.
  151. ^ Richard L. Abel, English Lawyers Between Market and State: The Politics of Professionalism (New York: Oxford University Press, 2003), 374–375.
  152. ^ 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).
  153. ^ Abel, England and Wales, 132–133.
  154. ^ Arthurs, 141.
  155. ^ Boigeol, “The French Bar,” 274; and Olgiati, 344.
  156. ^ Blankenburg, 126; and Boigeol, “The French Bar,” 272.
  157. ^ Abel, England and Wales, 37.
  158. ^ 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.
  159. ^ Blankenburg, 127.
  160. ^ Weisbrot, 246.
  161. ^ Arthurs, 128.
  162. ^ Marc Galanter, "Predators and Parasites: Lawyer-Bashing and Civil Justice, " 28 Ga. L. Rev. 633, 644–648 (1994).
  163. ^ 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.
  164. ^ a b Gerry Spence, With Justice For None: Destroying An American Myth (New York: Times Books, 1989), 27–40
  165. ^ Paterson, 76.
  166. ^ Jerold Auerbach, Unequal Justice: Lawyers and Social Change in Modern America (New York: Oxford University Press, 1976), 301.
  167. ^ 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.
  168. ^ Gayle White, "So, a lawyer, a skunk and a catfish walk into a bar...: No shortage of jokes," National Post, 27 May 2006, FW8.
  169. ^ Andrew Roth & Jonathan Roth, Devil's Advocates: The Unnatural History of Lawyers (Berkeley: Nolo Press, 1989), ix.
  170. ^ Bryan Horrigan, "Myths, Fictions, and Realities" (chap. 2), in Adventures in Law and Justice: Exploring Big Legal Questions in Everyday Life, Law at Large, 55–82 (Sydney: University of New South Wales Press, 2003, ISBN 0-86840-572-8), 55 & 62–66. Bierce is quoted p. 64 2016-04-15 at the Wayback Machine.
  171. ^ Ambrose Bierce, "Lawyer" 2015-09-23 at the Wayback Machine, in The Devil's Dictionary (1911), electronic entry at Dict.org. Also found quoted in many legal books.
  172. ^ Hazard, 60 2016-04-15 at the Wayback Machine.
  173. ^ Hazard, 60.
  174. ^ "June, Daniel, "Increase of Kentucky Lawyer Suicides Exposes the Unique Stresses of the Profession"". from the original on 2022-02-21. Retrieved 2013-06-04.
  175. ^ "Seven Reasons Why Practicing Law Might Be More Stressful Than Spending 18 Months in a POW Camp". BCGSearch.com. 2015-05-11. from the original on 2017-07-03. Retrieved 2017-06-12.
  176. ^ Murray, Bob (2017-01-04). "Dealing with depression". from the original on 2017-01-05. Retrieved 2017-01-04.
  177. ^ United States Census Bureau, American Community Survey
  178. ^ United States Census Bureau, Current Population Survey 2017-01-10 at the Wayback Machine
  179. ^ United States Department of Labor, Bureau of Labor Statistics, Occupational Employment Statistics 2006-05-07 at the Wayback Machine
  180. ^ "After the JD II" (PDF). (PDF) from the original on 2016-03-03. Retrieved 2016-07-26.
  181. ^ Anderson, 111–112.
  182. ^ 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 the United States.
  183. ^ Schwall, Benjamin (2015-06-25). "High-Powered Attorney Incentives: A Look at the New Indigent Defense System in South Carolina". Rochester, NY: Social Science Research Network. SSRN 2623202. {{cite journal}}: Cite journal requires |journal= (help)
  184. ^ "Research – Amanda Y. Agan". sites.google.com. from the original on 2016-09-25. Retrieved 2016-05-06.
  185. ^ See Fleischmann Distilling Corp. v. Maier Brewing Co., 386 U.S. 714 (1967) (reviewing history of the American Rule).
  186. ^ Anderson, 120–121.
  187. ^ 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.
  188. ^ Abel, American Lawyers, 129–130.
  189. ^ Abel, American Lawyers, 133.
  190. ^ Arthurs, 161; Murray, 342; Pérez-Perdomo, 392; Schuyt, 211; and Weisbrot, 288.
  191. ^ Boigeol, “The French Bar,” 280; and Jene, 376.
  192. ^ "We provide professional legal advice and representation to those who can't afford it". Legal Aid South Africa. from the original on 23 February 2015. Retrieved 16 February 2015.
  193. ^ Olgiati, 354, and Huyse, 240.
  194. ^ Huyse, 240–241.
  195. ^ Blankenburg, 143.
  196. ^ Robert J. Bonner, Lawyers and Litigants in Ancient Athens: The Genesis of the Legal Profession (New York: Benjamin Blom, 1927), 202.
  197. ^ Bonner, 204.
  198. ^ Bonner, 206.
  199. ^ Bonner, 208–209.
  200. ^ Hazard, 18.
  201. ^ John A. Crook, Law and Life of Ancient Rome (Ithaca: Cornell University Press, 1967), 90.
  202. ^ 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.
  203. ^ Crook, 91.
  204. ^ Crook, 87.
  205. ^ a b c d Crook, 88.
  206. ^ Crook, 89.
  207. ^ Crook, 90.
  208. ^ 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.
  209. ^ Fritz Schulz, History of Roman Legal Science (Oxford: Oxford University Press, 1946), 113.
  210. ^ Schulz, 113.
  211. ^ Schulz, 268.
  212. ^ Jones, 508–510.
  213. ^ Jones, 512–513.
  214. ^ a b c Jones, 511.
  215. ^ a b Jones, 515.
  216. ^ James A. Brundage, "The Rise of the Professional Jurist in the Thirteenth Century," 20 Syracuse J. Int'l L. & Com. 185 (1994).
  217. ^ Brundage, 185–186.
  218. ^ Brundage, 186–187.
  219. ^ Brundage, 188.
  220. ^ Brundage, 188–189.
  221. ^ Brundage, 190.
  222. ^ a b Brundage, 189.
  223. ^ Statute of Westminster 1275, ch. 29.
  224. ^ John Hamilton Baker, An Introduction to British Legal History, 3rd ed. (London: Butterworths, 1990), 179.
  225. ^ Lucien Karpik, French Lawyers: A Study in Collective Action, 1274 to 1994 (Oxford: Oxford University Press, 1999), 21.
  226. ^ a b Carol Rice Andrews, Standards of Conduct for Lawyers: An 800-Year Evolution 2020-07-09 at the Wayback Machine, 57 SMU L. Rev. 1385 (2004).
  227. ^ Herbermann, et al. (1915). Catholic Encyclopedia 2017-08-04 at the Wayback Machine. New York: Encyclopedia Press. Accessed May 26, 2008. García y García, A. (1992). "The Faculties of Law 2016-01-03 at the Wayback Machine," A History of the University in Europe, London: Cambridge University Press. Accessed May 26, 2008.
  228. ^ Regio Decreto 4 giugno 1938, n.1269 2009-08-09 at the Wayback Machine, Art. 48. (in Italian). Accessed February 10, 2009.
  229. ^ Stein, R. (1981). The Path of Legal Education from Edward to Langdell: A History of Insular Reaction 2021-03-03 at the Wayback Machine, Pace University School of Law Faculty Publications, 1981, 57 Chi.-Kent L. Rev. 429, pp. 430, 432, 434, 436
  230. ^ Association of American Universities Data Exchange. Glossary of Terms for Graduate Education 2009-03-04 at the Wayback Machine. Accessed May 26, 2008; National Science Foundation (2006). NSF.gov 2016-03-08 at the Wayback Machine "Time to Degree of U.S. Research Doctorate Recipients", "Info brief, Science Resource Statistics" NSF 06-312, 2006, p. 7. (under "Data notes" mentions that the J.D. is a professional doctorate); San Diego County Bar Association (1969). "Ethics Opinion 1969-5". Accessed May 26, 2008. (under "other references" discusses differences between academic and professional doctorate, and statement that the J.D. is a professional doctorate); University of Utah (2006). University of Utah – The Graduate School – Graduate Handbook 2008-06-26 at the Wayback Machine. Accessed May 28, 2008. (the J.D. degree is listed under doctorate degrees); German Federal Ministry of Education. "U.S. Higher Education / Evaluation of the Almanac Chronicle of Higher Education" 2008-04-13 at the Wayback Machine. Accessed May 26, 2008. (report by the German Federal Ministry of Education analysing the Chronicle of Higher Education from the U.S. and stating that the J.D. is a professional doctorate); Encyclopædia Britannica. (2002). "Encyclopædia Britannica", 3:962:1a. (the J.D. is listed among other doctorate degrees).
  231. ^ American Bar Association. Model Code of Professional Responsibility 2017-08-30 at the Wayback Machine, Disciplinary Rule 2–102(E). Cornell University Law School, LLI. Accessed February 10, 2009. Peter H. Geraghty. Abanet.org 2008-07-08 at the Wayback Machine, "Are There Any Doctors Or Associates In the House?" American Bar Association, 2007.
  232. ^ Florida Bar News.In Italy J.D. holders use the title of Dottore, but lawyers who have qualified for the bar only use the style Avvocato. Debate over 'doctor of law' title continues 2009-08-04 at the Wayback Machine. Florida Bar Association, July 1, 2006.
  233. ^ Google Translate; The Contemporary Chinese Dictionary. (2001). Foreign Language Teaching and Research Press, Beijing.; Longman Dictionary of Contemporary English (Chinese-English). (2006). Pearson Education, Hong Kong, 2006.

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Lawyer (category)

January 26, 2023
lawyer, other, uses, disambiguation, lawyer, person, practices, role, lawyer, varies, greatly, across, different, legal, jurisdictions, lawyer, classified, advocate, attorney, barrister, canon, lawyer, civil, notary, counsel, counselor, solicitor, legal, execu. For other uses see Lawyer disambiguation A lawyer is a person who practices law The role of a lawyer varies greatly across different legal jurisdictions A lawyer can be classified as an advocate attorney barrister canon lawyer civil law notary counsel counselor solicitor legal executive or public servant with each role having different functions and privileges 1 Working as a lawyer generally involves the practical application of abstract legal theories and knowledge to solve specific problems Some lawyers also work primarily in advancing the interests of the law and legal profession 2 3 LawyerHelena Normanton in English court dress c 1950OccupationNamesattorney advocate barrister counsel judge justice solicitor legal executiveActivity sectorsLaw businessDescriptionCompetenciesAnalytical skillsCritical thinkingLawLegal researchLegal writingLegal ethicsEducation requiredProfessional requirementsFields ofemploymentCourts government law firms NGOs legal aid corporationsRelated jobsBarrister Solicitor Legislator Judge Jurist Advocate Attorney Legal executive Prosecutor Law clerk Law professor Civil law notary Magistrate Politician Contents 1 Terminology 2 Responsibilities 2 1 Oral argument in the courts 2 2 Research and drafting of court papers 2 3 Advocacy written and oral in administrative hearings 2 4 Client intake and counseling with regard to pending litigation 2 5 Legal advice 2 6 Protecting intellectual property 2 7 Negotiating and drafting contracts 2 8 Conveyancing 2 9 Carrying out the intent of the deceased 2 10 Prosecution and defense of criminal suspects 3 Education 3 1 Earning the right to practice law 4 Career structure 4 1 Common law civil law 4 2 Specialization 4 3 Organizations 5 Professional associations and regulation 5 1 Mandatory licensing and membership in professional organizations 5 2 Who regulates lawyers 5 3 Voluntary associations 6 Cultural perception 7 Compensation 8 History 8 1 Ancient Greece 8 2 Ancient Rome 8 3 Middle Ages 9 Titles 10 See also 11 Notes 12 External linksTerminology EditDifferent legal jurisdictions have different requirements in the determination of who is recognized as being a lawyer As a result the meaning of the term lawyer may vary from place to place Some jurisdictions have two types of lawyers barrister and solicitors while others fuse the two A barrister also known as an advocate or counselor in some jurisdictions is a lawyer who typically specializes in arguing before courts particularly in higher courts A solicitor or attorney is a lawyer who is trained to prepare cases and give advice on legal subjects Depending on jurisdiction solicitors can also represent people in lower courts but do not have ordinarily have rights of audience in higher courts Both solicitors and barristers are trained in law However in jurisdictions where there is a split profession only barristers are admitted as members of a bar association The distinction between barristers and solicitors originated in the English legal system but many countries that adopted English law have eliminated the distinction Countries such as New Zealand Canada with the exception of Quebec which practices civil law India Pakistan and the US have adopted a fused profession where all lawyers have the privileges of both barristers and solicitors 4 Some fused profession jurisdictions use one term to describe lawyers generally For example the US lawyers are typically referred to as attorneys 5 while Indian and Pakistani lawyers are known as advocates Other fused jurisdictions use terms such as barrister and solicitor or attorney and counselor to describe lawyers in general Nonetheless the terminology of barrister and solicitor may still be applied to lawyers who deal in the specific kinds of work barristers and solicitors generally do In countries like the US however the term trial lawyer typically describes the work of a lawyer who specialises primarily in arguing cases Nonetheless in countries like England Wales Australia and South Africa the distinction between barristers and solicitors remain Additionally England and Wales has a number of other classifications of lawyers which include registered foreign lawyers patent attorneys trademark attorneys licensed conveyancers public notaries commissioners for oaths immigration advisers and chartered legal executives Under the English Legal Services Act 2007 lawyer is not a protected title In other jurisdictions like the United States there are strict restrictions on who may call themselves a lawyer with paralegals and patent agents generally disallowed 6 7 5 Responsibilities EditIn 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 8 9 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 10 rather their legal professions consist of a large number of different kinds of law trained persons known as jurists some of whom are advocates who are licensed to practice in the courts 11 12 13 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 14 Notably England the mother of the common law jurisdictions emerged from the Middle Ages with similar complexity in its legal professions but then evolved by the 19th century to a single division between barristers and solicitors An equivalent division developed between advocates and procurators in some civil law countries these two types did not always monopolize the practice of law in that they coexisted with civil law notaries 15 16 17 Several countries that originally had two or more legal professions have since fused or united their professions into a single type of lawyer 18 19 20 21 Most countries in this category are common law countries though France a civil law country merged its jurists in 1990 and 1991 in response to Anglo American competition 22 In countries with fused professions a lawyer is usually permitted to carry out all or nearly all the responsibilities listed below Oral argument in the courts Edit Oral arguments being made before the New York Court of Appeals Arguing a client s case before a judge or jury in a court of law is the traditional province of the barrister in England and Australia 23 and of advocates in some civil law jurisdictions 24 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 25 In countries like the United States which have fused legal professions there are trial lawyers who specialize in trying cases in court but trial lawyers do not have a legal monopoly like barristers 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 26 In other countries like Venezuela no one may appear before a judge unless represented by a lawyer 27 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 28 29 Research and drafting of court papers Edit 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 Also they draft legal papers and prepare for an oral argument In England the usual division of labor is that a solicitor will obtain the facts of the case from the client and then brief a barrister usually in writing 30 The barrister then researches and drafts the necessary court pleadings which will be filed and served by the solicitor and orally argues the case 31 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 32 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 33 Advocacy written and oral in administrative hearings Edit 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 conseils juridiques who were merged into the main legal profession in 1991 34 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 35 Client intake and counseling with regard to pending litigation Edit 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 is explained in six steps First the relationship begins with an intake interview where the lawyer gets to know the client personally The second step is discovering the facts of the client s case Thirdly is clarifying what the client wants to accomplish The fourth step is where the lawyer shapes the client s expectations as to what actually can be accomplished The second to last step begins to develop various claims or defenses for the client Lastly the lawyer explains her or his fees to the client 36 37 In England only solicitors were traditionally in direct contact with the client 38 The solicitor retained a barrister if one was necessary and acted as an intermediary between the barrister and the client 39 In most cases barristers were 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 practicing at a court at which they normally appeared and at their usual rates 40 41 Legal advice Edit Main article Legal advice Legal advice is the application of abstract principles of law to the concrete facts of the client s case 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 42 43 44 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 the unauthorized practice of law 45 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 46 47 Some countries go further in England and Wales there is no general prohibition on the giving of legal advice 48 Singapore does not have any admission requirements for in house counsel 49 Sometimes civil law notaries are allowed to give legal advice as in Belgium 50 In many countries non jurist accountants may provide what is technically legal advice in tax and accounting matters 51 Protecting intellectual property Edit 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 33 52 The trend in industrialized countries since the 1970s has been to greatly restrict the role of clerks and scriveners in patent and trademark work and to require these functions to be performed only by lawyers or other licensed agents This ensures that all work product in such cases receives the full protection of attorney client privilege In the United States for example the Patent and Trademark Office PTO may not speak with anyone but the applicant s attorney about pending applications and all documents filed in connection with a pending application are automatically accorded attorney client privilege The European Patent Office has a similar policy In contrast many countries in the world do not recognize attorney client privilege for work product related to intellectual property or have only very limited recognition of the privilege These countries include China Japan Korea much of Southeast Asia and most of Latin America As a result great care must be taken in these countries to protect intellectual property as any work product related to a pending application may be disclosed to the public Many companies choose to file their applications in the United States or Europe first and then file for protection in other countries where attorney client privilege is not recognized This allows them to keep their work product confidential while they are still in the process of perfecting their invention or design 53 Negotiating and drafting contracts Edit 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 54 In others jurists or notaries may negotiate or draft contracts 55 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 56 Conveyancing Edit 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 57 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 58 and a 1978 study showed that conveyancing accounts for as much as 80 percent of solicitor client contact in New South Wales 59 In most common law jurisdictions outside of the United States this monopoly arose from an 1804 law 60 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 61 In others the use of a lawyer is optional and banks title companies or realtors may be used instead 62 In some civil law jurisdictions real estate transactions are handled by civil law notaries 63 In England and Wales a special class of legal professionals the licensed conveyancer is also allowed to carry out conveyancing services for reward 64 Carrying out the intent of the deceased Edit In many countries only lawyers have the legal authority to draft 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 55 In the United States the estates of the deceased must generally be administered by a court through probate American lawyers have a profitable monopoly on dispensing advice about probate law which has been heavily criticized 65 Prosecution and defense of criminal suspects Edit 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 66 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 67 Education EditMain article Legal education Law Faculty of Comenius University in Bratislava Slovakia The educational prerequisites for becoming a lawyer vary greatly from country to country In some countries law is taught by a faculty of law which is a department of a university s general undergraduate college 68 Law students in those countries pursue a Master or Bachelor of Laws degree In some countries it is common or even required for students to earn another bachelor s degree at the same time It is often followed by a series of advanced examinations apprenticeships and additional coursework at special government institutes 69 In other countries particularly the UK and U S A law is primarily taught at law schools 70 In America the American Bar Association decides which law schools to approve and thereby which ones are deemed most respectable 71 In England and Wales 72 the Bar Professional Training Course BPTC must be taken to have the right to work and be named as a barrister Students who decide to pursue a non law subject at degree level can instead study the Graduate Diploma in Law GDL after their degrees before beginning the Legal Practice Course LPC or BPTC In the United States 73 and countries following the American model such as Canada 74 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 75 and Canada with the exception of McGill University award graduating students a J D Juris Doctor Doctor of Jurisprudence as opposed to the Bachelor of Laws as the practitioner s law degree Many schools also offer post doctoral law degrees such as the LL M Legum Magister Master of Laws or the S J D Scientiae Juridicae Doctor Doctor of Juridical Science for students interested in advancing their research knowledge and credentials in a specific area of law 76 The methods and quality of legal education vary widely Some countries require extensive clinical training in the form of apprenticeships or special clinical courses 77 Others like Venezuela do not 78 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 79 80 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 81 82 83 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 84 Some countries particularly industrialized ones have a traditional preference for full time law programs 85 while in developing countries students often work full or part time to pay the tuition and fees of their part time law programs 86 87 Law schools in developing countries share several common problems such as an over reliance on practicing judges and lawyers who treat teaching as a part time hobby and a concomitant scarcity of full time law professors 88 89 incompetent faculty with questionable credentials 90 and textbooks that lag behind the current state of the law by two or three decades 88 91 Earning the right to practice law Edit Main article Admission to practice law Clara Shortridge Foltz admitted to the California Bar through an examination before attending law school 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 92 Mexico allows anyone with a law degree to practice law 93 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 92 94 95 In a handful of U S states one may become an attorney a so called country lawyer by simply reading law and passing the bar examination without having to attend law school first although very few people actually become lawyers that way 96 Some countries require a formal apprenticeship with an experienced practitioner while others do not 97 For example in South Africa it is required that in addition to obtaining an LL B degree that person has to complete a year of pupillage under an experienced Advocate and have to be admitted to the bar to practice as an Advocate Holders of an LL B must have completed two years of clerkship under a principal Attorney known as Articles and passed all four board exams to be admitted as an Attorney and refer to themselves as such A few jurisdictions still allow an apprenticeship in place of any kind of formal legal education though the number of persons who actually become lawyers that way is increasingly rare 98 Some countries such as Singapore do not have any admission requirements for in house counsel 49 Career structure Edit U S President Abraham Lincoln is a famous example of a lawyer who became a politician The career structure of lawyers varies widely from one country to the next Common law civil law Edit 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 become a prosecutor government counsel corporate in house counsel administrative law judge judge arbitrator or law professor 99 There are also many non legal jobs for which legal training is good preparation such as politician corporate executive government administrator investment banker entrepreneur or journalist 100 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 101 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 102 After one earns a law degree career mobility may be severely constrained 103 For example unlike their American counterparts 104 it is difficult for German judges to leave the bench and become advocates in private practice 105 Another interesting example is France where for much of the 20th century all judiciary officials were graduates of an elite professional school for judges Although the French judiciary 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 judicial office 106 In a few civil law countries such as Sweden 107 the legal profession is not rigorously bifurcated and everyone within it can easily change roles and arenas Specialization Edit In many countries lawyers are general practitioners who represent clients in a broad field of legal matters 108 In others there has been a tendency since the start of the 20th century for lawyers to specialize early in their careers 109 110 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 111 112 Texas offers attorneys the opportunity to receive a board certification through the state s Texas Board of Legal Specialization To be board certified attorney applicants undergo a rigorous examination in one of 24 areas of practice offered by the Texas Board of Legal Specialization Only those attorneys who are board certified are permitted to use the word specialize in any publicly accessible materials such as a website or television commercial See Texas Rule 7 02 a 6 113 Organizations Edit Main article Law firm Lawyers in private practice generally work in specialized businesses known as law firms 114 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 115 The United States with its large number of firms with more than 50 lawyers is an exception 116 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 Notably barristers in England Wales Northern Ireland and some states in Australia do not work in law firms Those who offer their services to members of the general public as opposed to those working in house are required to be self employed 117 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 specialized chambers this is commonplace Where lawyer will decide to work is largely down to the remuneration that they will receive Trainee lawyer salaries vary widely throughout the UK with their location having a big impact on their pay 118 Professional associations and regulation Edit Stamp issued to commemorate the 75th anniversary of the American Bar Association Mandatory licensing and membership in professional organizations Edit In some jurisdictions either the judiciary 119 or the Ministry of Justice 120 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 121 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 122 In civil law countries comparable organizations are known as Orders of Advocates 123 Chambers of Advocates 124 Colleges of Advocates 125 Faculties of Advocates 126 or similar names Generally a nonmember caught practicing law may be liable for the crime of unauthorized practice of law 127 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 230 000 members 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 128 Others especially those with federal governments tend to regulate lawyers at the state or provincial level this is the case in the United States 129 Canada 130 Australia 131 and Switzerland 132 to name a few Brazil is the most well known federal government that regulates lawyers at the national level 133 Some countries like Italy regulate lawyers at the regional level 134 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 135 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 Bundesgerichtshof 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 136 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 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 137 and similarly American citizenship and residency requirements were struck down as unconstitutional by the U S Supreme Court in 1973 and 1985 respectively 138 The European Court of Justice made similar decisions in 1974 and 1977 striking down citizenship restrictions in Belgium and France 139 Who regulates lawyers Edit 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 140 or whether lawyers should be subject to supervision by the Ministry of Justice in the executive branch 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 141 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 120 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 142 143 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 144 145 China is a prime example technically the People s Republic of China did not have lawyers and instead had only poorly trained state employed legal workers prior to the enactment of a comprehensive reform package in 1996 by the Standing Committee of the National People s Congress 146 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 147 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 148 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 149 Disciplinary mechanisms have been astonishingly ineffective and penalties have been light or nonexistent 150 151 152 Voluntary associations Edit 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 93 153 In American English such associations are known as voluntary bar associations 154 The largest voluntary professional association of lawyers in the English speaking world is the American Bar Association In some countries like France and Italy lawyers have also formed trade unions 155 Cultural perception Edit A British political cartoon showing a barrister and a solicitor throwing black paint at a woman sitting at the feet of a statue representing Justice Hostility towards the legal profession is a widespread phenomenon For example William Shakespeare famously wrote The first thing we do let s kill all the lawyers in Henry VI Part 2 Act IV Scene 2 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 156 Complaints about too many lawyers were common in both England and the United States in the 1840s 157 158 Germany in the 1910s 159 and in Australia 160 Canada 161 the United States 162 163 164 and Scotland 165 in the 1980s Public distrust of lawyers reached record heights in the United States after the Watergate scandal 164 166 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 167 Lawyer jokes already a perennial favorite also soared in popularity in English speaking North America as a result of Watergate 168 In 1989 American legal self help publisher Nolo Press published a 171 page compilation of negative anecdotes about lawyers from throughout human history 169 In Adventures in Law and Justice 2003 legal researcher Bryan Horrigan dedicated a chapter to Myths Fictions and Realities about law and illustrated the perennial criticism of lawyers as amoral guns for hire 170 with a quote from Ambrose Bierce s satirical The Devil s Dictionary 1911 that summarized the noun as LAWYER n One skilled in circumvention of the law 171 More generally in Legal Ethics A Comparative Study 2004 law professor Geoffrey C Hazard Jr with Angelo Dondi briefly examined the regulations attempting to suppress lawyer misconduct and noted that their similarity around the world was paralleled by a remarkable consistency in certain persistent grievances about lawyers that transcends both time and locale from the Bible to medieval England to dynastic China 172 The authors then generalized these common complaints about lawyers as being classified into five general categories 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 charging excessive fees 173 Some studies have shown that suicide rates among lawyers may be as much as six times higher than the average population and commentators suggest that the low opinion the public has of lawyers combined with their own high ideals of justice which in practice they may see denied increase the depression rates of those in this profession 174 175 Additionally lawyers are twice as likely to suffer from addiction to alcohol and other drugs 176 Compensation EditMain article Attorney s fee Peasants paying for legal services with produce in The Village Lawyer c 1621 by Pieter Brueghel the Younger In the United States lawyers typically earn between 45 000 and 160 000 per year although earnings vary by age experience and practice setting 177 178 179 180 Solo practitioners typically earn less than lawyers in corporate law firms but more than those working for state or local government 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 181 a contingency fee 182 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 Recent studies suggest that when lawyers charge a fixed fee rather than billing by the hour they work less hard on behalf of clients and client get worse outcomes 183 184 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 185 although in turn its legislators have carved out many exceptions to the so called American Rule of no fee shifting Lawyers working directly on the payroll of governments nonprofits and corporations usually earn a regular annual salary 186 In many countries with the notable exception of Germany 187 lawyers can also volunteer their labor in the service of worthy causes through an arrangement called pro bono short for pro bono publico for the common good 188 Traditionally such work was performed on behalf of the poor but in some countries it has now expanded to many other causes such as the environment In some countries there are legal aid lawyers who specialize in providing legal services to the indigent 189 190 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 191 A similar system though not as extensive or generous operates in Australia Canada and South Africa 192 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 193 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 194 In Germany mandatory fee structures have enabled widespread implementation of affordable legal expense insurance 195 History EditMain articles History of the legal profession and History of the American legal profession 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 Ancient Greece Edit 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 196 However around the middle of the fourth century the Athenians disposed of the perfunctory request for a friend 197 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 198 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 199 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 200 Ancient Rome Edit A law enacted in 204 BC barred Roman advocates from taking fees but the law was widely ignored 201 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 202 This was apparently not much money the Satires of Juvenal complained that there was no money in working as an advocate 203 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 204 But very early on unlike Athens Rome developed a class of specialists who were learned in the law known as jurisconsults iuris consulti 205 Jurisconsults were wealthy amateurs who dabbled in law as an intellectual hobby they did not make their primary living from it 205 They gave legal opinions responsa on legal issues to all comers a practice known as publice respondere 206 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 205 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 205 Detail from the sarcophagus of Roman lawyer Valerius Petronianus 315 320 AD Picture by Giovanni Dall Orto 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 207 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 208 The centralization and bureaucratization of the profession was apparently gradual at first but accelerated during the reign of Emperor Hadrian 209 At the same time the jurisconsults went into decline during the imperial period 210 In the words of Fritz Schulz by the fourth century things had changed in the eastern Empire advocates now were really lawyers 211 For example by the fourth century advocates had to 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 212 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 213 Claudius s fee ceiling lasted all the way into the Byzantine period though by then it was measured at 100 solidi 214 It was widely evaded either through demands for maintenance and expenses or a sub rosa barter transaction 214 The latter was cause for disbarment 214 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 215 They were ubiquitous and most villages had one 215 In Roman times notaries were widely considered to be inferior to advocates and jury consults Middle Ages Edit King James I overseeing a medieval court from an illustrated manuscript of a legal code After the fall of the Western Roman Empire and the onset of the Early Middle 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 216 However from 1150 when Decretum Gratiani was compiled 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 Catholic Church as priests 217 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 218 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 219 During the same decade the emperor of the Holy Roman Empire Frederick II the king of the Kingdom of Sicily imposed a similar oath in his civil courts 220 By 1250 the nucleus of a new legal profession had clearly formed 221 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 222 Although not adopted by the council it was highly influential in many such courts throughout Europe 222 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 223 and in 1280 the mayor s court of the city of London promulgated regulations concerning admission procedures including the administering of an oath 224 And in 1345 the French crown promulgated a royal ordinance which set forth 24 rules governing advocates of which 12 were integrated into the oath to be taken by them 225 The French medieval oaths were widely influential and of enduring importance for example they directly influenced the structure of the advocates oath adopted by the Canton of Geneva in 1816 226 In turn the 1816 Geneva oath served as the inspiration for the attorney s oath drafted by David Dudley Field as Section 511 of the proposed New York Code of Civil Procedure of 1848 which was the first attempt in the United States at a comprehensive statement of a lawyer s professional duties 226 Titles Edit Example of a diploma from Suffolk University Law School conferring the Juris Doctor degree Generally speaking the modern practice is for lawyers to avoid use of any title although formal practice varies across the world Historically lawyers in most European countries were addressed with the title of doctor and countries outside of Europe have generally followed the practice of the European country which had policy influence through colonization The first university degrees starting with the law school of the University of Bologna or glossators in the 11th century were all law degrees and doctorates 227 Degrees in other fields did not start until the 13th century but the doctor continued to be the only degree offered at many of the old universities until the 20th century Therefore in many of the southern European countries including Portugal Italy and Malta lawyers have traditionally been addressed as doctor a practice which was transferred to many countries in South America and Macau The term doctor has since fallen into disuse although it is still a legal title in Italy and in use in many countries outside of Europe 228 In French France Quebec Belgium Luxembourg French speaking area of Switzerland and Dutch speaking countries Netherlands Belgium legal professionals are addressed as Maitre abbreviated to Me in French or Meester abbreviated to mr in Dutch The title of doctor has never been used to address lawyers in England or other common law countries with the exception of the United States This is because until 1846 lawyers in England were not required to have a university degree and were trained by other attorneys by apprenticeship or in the Inns of Court 229 Since law degrees started to become a requirement for lawyers in England the degree awarded has been the undergraduate LL B In South Africa holders of a LL B who have completed a year of pupillage and have been admitted to the bar may use the title Advocate abbreviated to Adv in written correspondence Holders of an LL B who have completed two years of clerkship with a principal Attorney and passed all four board exams may be admitted as an Attorney and refer to themselves as such Likewise Italian law graduates who have qualified for the bar use the title Avvocato abbreviated in Avv Even though most lawyers in the United States do not use any titles the law degree in that country is the Juris Doctor a professional doctorate degree 230 and some J D holders in the United States use the title of Doctor in professional 231 and academic situations In countries where holders of the first law degree traditionally use the title of doctor e g Peru Brazil Macau Portugal Argentina J D holders who are attorneys will often use the title of doctor as well 232 It is common for English language male lawyers to use the honorific suffix Esq for Esquire In the United States the style is also used by female lawyers In many Asian countries holders of the Juris Doctor degree are also called 博士 doctor 233 In the Philippines and Filipino communities overseas lawyers who are either Filipino or naturalized citizen expatriates at work there especially those who also profess other jobs at the same time are addressed and introduced as either Attorney or Counselor especially in courts rather than Sir Madam in speech or Mr Mrs Ms G Gng Bb in Filipino before surnames That word is used either in itself or before the given name or surname See also EditAmbulance chasing Association of Pension Lawyers Avocats Sans Frontieres Cause lawyer Corporate lawyer Court dress Fiduciary Ghost lawyer Law broker Lawyer supported mediation Legalese List of jurists Notary public Privilege of the predecessors Public defender Rules lawyer Shyster Sole practitioner lawyer St Ivo of Kermartin patron saint of lawyers Trainee solicitorNotes Edit Henry Campbell Black Black s Law Dictionary 5th ed St Paul West Publishing Co 1979 799 Geoffrey C Hazard Jr amp Angelo Dondi Legal Ethics A Comparative Study Stanford Stanford University Press 2004 ISBN 0 8047 4882 9 20 23 John Henry Merryman and Rogelio Perez Perdomo The Civil Law Tradition An Introduction to the Legal Systems of Europe and Latin America 3rd ed Stanford Stanford University Press 2007 102 103 Advocates Act 1961 Archived 2008 08 19 at the Wayback Machine s 2 a b Rule 5 5 Unauthorized Practice of Law Multijurisdictional Practice of Law American Bar Association Archived from the original on 2015 06 02 Retrieved 2015 04 18 Carl W Battle The Patent Guide A Friendly Guide to Protecting and Profiting from Patents New York Allworth Press 1997 49 David G Cooper and Michael J Gibson Introduction to Paralegal Studies 2nd ed Clifton Park Thomson Delmar Learning 1998 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 Merryman 105 109 Walter O Weyrauch The Personality of Lawyers New Haven Yale University Press 1964 27 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 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 Merryman 105 Hazard 21 33 Benoit Bastard and Laura Cardia Voneche 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 Carlos Viladas 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 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 Bastard 299 and Hazard 45 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 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 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 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 Perez Perdomo 185 219 Stanford Stanford University Press 2003 208 What is a Barrister Archived from the original on 2020 03 03 Retrieved 2020 04 06 Hazard 30 32 Richard L Abel The Legal Profession in England and Wales London Basil Blackwell 1989 116 See e g Cal Code Civ Proc 116 530 Archived 2009 08 09 at the Wayback Machine preventing attorneys from appearing in small claims court except as parties or witnesses Rogelio Perez 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 Gordon Kent Lawyerless Litigants Is Justice Being Served Edmonton Journal 27 January 2002 A1 Alan Feuer Lawyering by Laymen More Litigants Are Taking a Do It Yourself Tack The New York Times 22 January 2001 B1 Fiona Boyle Several Capps Philip Plowden Clare Sandford A Practical Guide to Lawyering Skills 3rd ed London Cavendish Publishing 2005 47 50 See Abel England and Wales 56 and 141 Jene 369 a b Rokumoto 164 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 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 Walters v National Ass n of Radiation Survivors 473 U S 305 1985 same Paul J Zwier amp 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 John H Freeman Client Management for Solicitors London Cavendish Publishing Ltd 1997 266 274 Abel England and Wales 1 and 141 J R Spencer and Richard M Jackson Jackson s Machinery of Justice 8th ed Cambridge Cambridge University Press 1989 336 R E Megarry Lawyer and Litigant in England London Stevens and Sons 1962 32 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 Arthurs 125 Johnsen 74 and Perez Perdomo Venezuelan Legal Profession 387 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 Joaquim Falcao 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 Justine Fischer and Dorothy H Lackmann Unauthorized Practice Handbook A Compilation of Statutes Cases and Commentary on the Unauthorized Practice of Law Buffalo William S Hein Company 1990 30 35 Abel England and Wales 185 Bastard 318 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 Stephen J McGarry Multidisciplinary Practices and Partnerships Lawyers Consultants and Clients 1 06 1 New York Law Journal Press 2002 1 29 a b Holland amp Marie 26 November 2018 HMLegal Your Outsourced In House Counsel Solution Holland amp Marie Archived from the original on 10 August 2019 Retrieved 10 August 2019 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 Murray 325 and Rokumoto 164 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 amp Poly 781 783 790 2001 Faber J Attorney Efficient Lawyer Blog Retrieved 2022 05 04 Arthurs 125 and Perez Perdomo Venezuelan Legal Profession 387 a b Huyse 227 Boigeol The Rise of Lawyers 206 Abel England and Wales 176 Hazard 90 93 Murray 325 and Perez Perdomo Venezuelan Legal Profession 387 Abel England and Wales 177 Weisbrot 292 s 14 Stamp Act 1804 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 Weisbrot 251 Arthurs 125 Huyse 227 and Schuyt 201 Simon Domberger and Avrom Sherr The Impact of Competition on Pricing and Quality of Legal Services in The Regulatory Challenge eds Matthew Bishop John Kay Colin Mayer 119 137 New York Oxford University Press 1995 121 122 Ralph Warner amp Stephen Elias Fed Up with the Legal System What s Wrong amp How to Fix It Berkeley Nolo Press 1994 11 Hazard 34 35 Huyse 227 Merryman 105 and Schuyt 201 Larry J Siegel and Joseph J Senna Introduction to Criminal Justice 10th ed Belmont Thomson Wadsworth 2005 311 325 Lawrence M Friedman and Rogelio Perez 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 Perez Perdomo 1 19 Stanford Stanford University Press 2003 6 Abel England and Wales 45 59 Rokumoto 165 and Schuyt 204 Thinking About Law School PDF Law School Admission Council 11 March 2016 Archived from the original PDF on 26 February 2017 Retrieved 22 July 2017 ABA Approved Law Schools American Bar Association Archived from the original on 2018 10 08 Retrieved 2015 04 18 The Bar Professional Training Course BPTC Chambers Student Archived from the original on 2012 03 23 Retrieved 2012 02 23 Wayne L Anderson and Marilyn J Headrick The Legal Profession Is it for you Cincinnati Thomson Executive Press 1996 52 53 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 ABA Approved Law Schools ABA American Bar Association Archived from the original on 22 November 2017 Retrieved 18 November 2017 Christen Civiletto Carey and Kristen David Adams The Practice of Law School Getting In and Making the Most of Your Legal Education New York ALM Publishing 2003 525 Hazard 127 129 Merryman 103 and Olgiati 345 Perez Perdomo Venezuelan Legal Profession 384 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 Anderson 4 10 Blankenburg 132 Friedman and Perez Perdomo 6 Hazard 124 128 and Olgiati 345 Sergio Lopez Ayllon and Hector Fix Fierro 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 Perez Perdomo 285 351 Stanford Stanford University Press 2003 324 Herbert Hausmaninger Austrian Legal Education 43 S Tex L Rev 387 388 and 400 2002 Miller 42 60 Abel American Lawyers 57 Miller 25 and Murray 337 Falcao 410 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 a b Lopez Ayllon 324 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 Perez Perdomo 64 107 Stanford Stanford University Press 2003 89 Junqueira 89 Rogelio Perez 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 a b Abel American Lawyers 62 a b Lopez Ayllon 330 Hazard 127 129 amp 133 Miller 335 341 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 G Jeffrey MacDonald The self made lawyer Not every attorney goes to law school The Christian Science Monitor 3 June 2003 13 Hazard 129 amp 133 Weisbrot 266 Abel American Lawyers 167 175 Abel England and Wales 214 Arthurs 131 Gandhi 374 Merryman 102 and Weisbrot 277 Anderson 124 131 Gandhi 374 In general see Legomsky Stephen H 1990 Specialized Justice Courts Administrative Tribunals and a Cross National Theory of Specialization Oxford University Press New York ISBN 978 0 19 825429 4 Merryman 102 105 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 Blankenburg 133 Boigeol The Rise of Lawyers 202 Bernard Michael Ortwein II The Swedish Legal System An Introduction 13 Ind Int l amp Comp L Rev 405 440 445 2003 Hazard 39 43 Olgiati 353 Abel American Lawyers 122 Michael H Trotter Profit and the Practice of Law What s Happened to the Legal Profession Athens GA University of Georgia Press 1997 50 Herbert M Kritzer The fracturing legal profession the case of plaintiffs personal injury lawyers 8 Int l J Legal Prof 225 228 231 2001 Information for lawyers Penalista para hurto Archived 2015 12 28 at the Wayback Machine Texas Bar Rule 7 02 a 6 TexasBar com Archived 2021 03 08 at the Wayback Machine Anderson 111 117 Hazard 39 Junqueira 92 According to this source as of 2003 there were 901 law firms with more than 50 lawyers in the United States Gary Slapper and David Kelly The English Legal System 7th ed London Cavendish Publishing Ltd 2004 550 The Highest Paying Jobs for Lawyers Oxbridge Law Tutors Archived from the original on 2022 02 20 Retrieved 2022 02 21 Weisbrot 264 a b Johnsen 86 Boigeol The French Bar 271 Merryman 106 and Junqueira 89 Abel England and Wales 127 and 243 249 Arthurs 135 and Weisbrot 279 Bastard 295 and Falcao 401 Blankenburg 139 Jene 370 Paterson 79 Arthurs 143 Murray 339 Rokumoto 163 and Schuyt 207 Abel American Lawyers 116 Arthurs 139 Weisbrot 244 Bastard 299 Falcao 404 Olgiati 343 Huyse 239 Howard D Fisher The German Legal System and Legal Language 3rd ed London Routledge Cavendish 2002 208 209 Andrews v Law Society of British Columbia 1989 1 SCR 143 Abel American Lawyers 68 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 For a classic explanation of the self regulating legal profession see the Preamble Archived 2008 12 19 at the Wayback Machine to the ABA Model Rules of Professional Conduct 10 13 Abel Civil Law World 10 Johnsen 70 Olgiati 339 and Rokumoto 161 Falcao 423 Maria da Gloria Bonelli Lawyers Associations and the Brazilian State 1843 1997 28 Law amp Soc Inquiry 1045 1065 2003 Kandis Scott Decollectivization and Democracy Current Law Practice in Romania 36 Geo Wash Int l L Rev 817 820 2004 Timothy J Tyler Judging the Past Germany s Post Unification Lawyers Admissions Review Law 29 Tex Int l L J 457 472 1994 Michael J Moser Globalization and Legal Services in China Current Status and Future Directions in The Internationalization of the Practice of Law eds Jens I Drolhammer and Michael Pfeifer 127 136 The Hague Kluwer Law International 2001 128 129 Abel American Lawyers 142 143 Abel England and Wales 29 and Arthurs 148 Arthurs 138 and Weisbrot 281 Abel American Lawyers 246 247 Abel American Lawyers 147 Abel England and Wales 135 and 250 Arthurs 146 Hazard 135 Paterson 104 and Weisbrot 284 Richard L Abel English Lawyers Between Market and State The Politics of Professionalism New York Oxford University Press 2003 374 375 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 Abel England and Wales 132 133 Arthurs 141 Boigeol The French Bar 274 and Olgiati 344 Blankenburg 126 and Boigeol The French Bar 272 Abel England and Wales 37 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 Blankenburg 127 Weisbrot 246 Arthurs 128 Marc Galanter Predators and Parasites Lawyer Bashing and Civil Justice 28 Ga L Rev 633 644 648 1994 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 a b Gerry Spence With Justice For None Destroying An American Myth New York Times Books 1989 27 40 Paterson 76 Jerold Auerbach Unequal Justice Lawyers and Social Change in Modern America New York Oxford University Press 1976 301 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 Gayle White So a lawyer a skunk and a catfish walk into a bar No shortage of jokes National Post 27 May 2006 FW8 Andrew Roth amp Jonathan Roth Devil s Advocates The Unnatural History of Lawyers Berkeley Nolo Press 1989 ix Bryan Horrigan Myths Fictions and Realities chap 2 in Adventures in Law and Justice Exploring Big Legal Questions in Everyday Life Law at Large 55 82 Sydney University of New South Wales Press 2003 ISBN 0 86840 572 8 55 amp 62 66 Bierce is quoted p 64 Archived 2016 04 15 at the Wayback Machine Ambrose Bierce Lawyer Archived 2015 09 23 at the Wayback Machine in The Devil s Dictionary 1911 electronic entry at Dict org Also found quoted in many legal books Hazard 60 Archived 2016 04 15 at the Wayback Machine Hazard 60 June Daniel Increase of Kentucky Lawyer Suicides Exposes the Unique Stresses of the Profession Archived from the original on 2022 02 21 Retrieved 2013 06 04 Seven Reasons Why Practicing Law Might Be More Stressful Than Spending 18 Months in a POW Camp BCGSearch com 2015 05 11 Archived from the original on 2017 07 03 Retrieved 2017 06 12 Murray Bob 2017 01 04 Dealing with depression Archived from the original on 2017 01 05 Retrieved 2017 01 04 United States Census Bureau American Community Survey United States Census Bureau Current Population Survey Archived 2017 01 10 at the Wayback Machine United States Department of Labor Bureau of Labor Statistics Occupational Employment Statistics Archived 2006 05 07 at the Wayback Machine After the JD II PDF Archived PDF from the original on 2016 03 03 Retrieved 2016 07 26 Anderson 111 112 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 the United States Schwall Benjamin 2015 06 25 High Powered Attorney Incentives A Look at the New Indigent Defense System in South Carolina Rochester NY Social Science Research Network SSRN 2623202 a href Template Cite journal html title Template Cite journal cite journal a Cite journal requires journal help Research Amanda Y Agan sites google com Archived from the original on 2016 09 25 Retrieved 2016 05 06 See Fleischmann Distilling Corp v Maier Brewing Co 386 U S 714 1967 reviewing history of the American Rule Anderson 120 121 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 Abel American Lawyers 129 130 Abel American Lawyers 133 Arthurs 161 Murray 342 Perez Perdomo 392 Schuyt 211 and Weisbrot 288 Boigeol The French Bar 280 and Jene 376 We provide professional legal advice and representation to those who can t afford it Legal Aid South Africa Archived from the original on 23 February 2015 Retrieved 16 February 2015 Olgiati 354 and Huyse 240 Huyse 240 241 Blankenburg 143 Robert J Bonner Lawyers and Litigants in Ancient Athens The Genesis of the Legal Profession New York Benjamin Blom 1927 202 Bonner 204 Bonner 206 Bonner 208 209 Hazard 18 John A Crook Law and Life of Ancient Rome Ithaca Cornell University Press 1967 90 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 Crook 91 Crook 87 a b c d Crook 88 Crook 89 Crook 90 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 Fritz Schulz History of Roman Legal Science Oxford Oxford University Press 1946 113 Schulz 113 Schulz 268 Jones 508 510 Jones 512 513 a b c Jones 511 a b Jones 515 James A Brundage The Rise of the Professional Jurist in the Thirteenth Century 20 Syracuse J Int l L amp Com 185 1994 Brundage 185 186 Brundage 186 187 Brundage 188 Brundage 188 189 Brundage 190 a b Brundage 189 Statute of Westminster 1275 ch 29 John Hamilton Baker An Introduction to British Legal History 3rd ed London Butterworths 1990 179 Lucien Karpik French Lawyers A Study in Collective Action 1274 to 1994 Oxford Oxford University Press 1999 21 a b Carol Rice Andrews Standards of Conduct for Lawyers An 800 Year Evolution Archived 2020 07 09 at the Wayback Machine 57 SMU L Rev 1385 2004 Herbermann et al 1915 Catholic Encyclopedia Archived 2017 08 04 at the Wayback Machine New York Encyclopedia Press Accessed May 26 2008 Garcia y Garcia A 1992 The Faculties of Law Archived 2016 01 03 at the Wayback Machine A History of the University in Europe London Cambridge University Press Accessed May 26 2008 Regio Decreto 4 giugno 1938 n 1269 Archived 2009 08 09 at the Wayback Machine Art 48 in Italian Accessed February 10 2009 Stein R 1981 The Path of Legal Education from Edward to Langdell A History of Insular Reaction Archived 2021 03 03 at the Wayback Machine Pace University School of Law Faculty Publications 1981 57 Chi Kent L Rev 429 pp 430 432 434 436 Association of American Universities Data Exchange Glossary of Terms for Graduate Education Archived 2009 03 04 at the Wayback Machine Accessed May 26 2008 National Science Foundation 2006 NSF gov Archived 2016 03 08 at the Wayback Machine Time to Degree of U S Research Doctorate Recipients Info brief Science Resource Statistics NSF 06 312 2006 p 7 under Data notes mentions that the J D is a professional doctorate San Diego County Bar Association 1969 Ethics Opinion 1969 5 Accessed May 26 2008 under other references discusses differences between academic and professional doctorate and statement that the J D is a professional doctorate University of Utah 2006 University of Utah The Graduate School Graduate Handbook Archived 2008 06 26 at the Wayback Machine Accessed May 28 2008 the J D degree is listed under doctorate degrees German Federal Ministry of Education U S Higher Education Evaluation of the Almanac Chronicle of Higher Education Archived 2008 04 13 at the Wayback Machine Accessed May 26 2008 report by the German Federal Ministry of Education analysing the Chronicle of Higher Education from the U S and stating that the J D is a professional doctorate Encyclopaedia Britannica 2002 Encyclopaedia Britannica 3 962 1a the J D is listed among other doctorate degrees American Bar Association Model Code of Professional Responsibility Archived 2017 08 30 at the Wayback Machine Disciplinary Rule 2 102 E Cornell University Law School LLI Accessed February 10 2009 Peter H Geraghty Abanet org Archived 2008 07 08 at the Wayback Machine Are There Any Doctors Or Associates In the House American Bar Association 2007 Florida Bar News In Italy J D holders use the title of Dottore but lawyers who have qualified for the bar only use the style Avvocato Debate over doctor of law title continues Archived 2009 08 04 at the Wayback Machine Florida Bar Association July 1 2006 Google Translate The Contemporary Chinese Dictionary 2001 Foreign Language Teaching and Research Press Beijing Longman Dictionary of Contemporary English Chinese English 2006 Pearson Education Hong Kong 2006 External links Edit Wikiquote has quotations related to Lawyer Look up lawyer in Wiktionary the free dictionary Wikimedia Commons has media related to Lawyer category Retrieved from https en wikipedia org w index php title Lawyer amp oldid 1135293034, wikipedia, wiki, book, books, library,

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