Pittsburgh Employee Retaliation Attorney

Pittsburgh Employee Retaliation Attorney

Trade secret protection

Believing in the power of community, we actively participate in local initiatives and events to foster a stronger, more inclusive society. You're encouraged to ask questions and express any concerns during this process. Legal aid employment law Learn more about Pittsburgh Employee Retaliation Attorney here They offer comprehensive legal support, ensuring that every angle of your case is meticulously covered. They're actively involved in the community, offering support and resources to those in need. Their expertise and empathy were evident from day one.' It's feedback like this that underscores our dedication to not just winning cases, but also to the human side of legal battles.
Understanding your rights is just the beginning; protecting them is where The Lacy Employment Law Firm excels. They're deeply committed to ensuring that you're treated fairly at work, whether you're facing discrimination, harassment, wrongful termination, or disputes over wages and hours. You've observed their strategies evolve, always staying ahead of legal trends and using every tool at their disposal to secure the best outcomes. Moreover, we're not just reactive; we're proactive.
That's where The Lacy Employment Law Firm steps in. The journey from feeling victimized by workplace issues to achieving justice is paved with legal complexities. The Lacy Employment Law Firm stands ready to help you navigate these tricky waters, ensuring you're paid what you're owed. You'll benefit from a hands-on approach where your case is treated with the urgency and attention it deserves. Read more about The Lacy Employment Law Firm, LLC here.
This isn't just about knowing the statutes; it's about understanding how they're applied in the real world. Stick around to uncover the layers of dedication, success stories, and community involvement that make The Lacy Employment Law Firm a beacon of hope for those caught in the tumultuous waves of employment disputes. This focus on education ensures that you're not only aware of your rights but also equipped to protect them. Our efforts haven't just stopped at individual cases; they've sparked broader conversations about employee rights and workplace standards in our community.

You understand that joining the elite isn't solely about winning cases; it's about creating a lasting impact. Lacy Jr. Workplace retaliation lawyer doesn't stop at envisioning a fairer world; he's actively building it. They're not just advocates; they're experts who stay abreast of the latest legal developments and trends in employment law to ensure they're always a step ahead.

Legal aid employment law

  • Employment law services for businesses
  • Wage and hour attorney
  • Equal employment opportunity lawyer
  • Professional licensure defense
  • Employment law consultation
  • Title VII discrimination lawyer
  • FMLA lawyer
  • Age discrimination lawyer
  • Workplace violence prevention
  • Small business employment law
  • Religious discrimination lawyer
  • Employer liability defense
  • Staff management legal advice
  • Collective bargaining agreements
  • Civil rights attorney
  • Employee rights lawyer
  • Sexual orientation discrimination
  • Layoff and reduction legal advice
With the Lacy Employment Law Firm, you're never just a case number; you're a partner in the pursuit of justice. They're not intimidated by big corporations or complex cases.

Among their collection, you'll notice awards that highlight their expertise in employment law, their commitment to client satisfaction, and their innovative approaches to legal battles. You've likely heard the buzz about The Lacy Employment Law Firm being heralded as a standout among Pittsburgh Employee Retaliation Attorney's legal circles for its staunch advocacy of employee rights. Workplace equity They understand the nuances of employment agreements and are skilled at navigating the complexities of severance negotiations and non-compete clauses. Whether you're dealing with workplace disputes or seeking advice on employment law matters, their team is ready to assist you.

Navigating through the complexities of workplace rights is crucial for every employee to ensure fair treatment and justice in their professional environment. Our goal is to put you in the strongest position possible, whether we're negotiating a settlement or advocating for you in court. By explaining complex legal terms in understandable language, they ensure you're well-informed to make decisions that are right for you. In essence, The Lacy Employment Law Firm is gearing up to be more than just a legal ally.

Clients often highlight how we've turned their daunting legal battles into victories, praising our thorough understanding of employment law and our tailored approach to each case. It's not just about providing legal representation; it's about empowering you with the knowledge to make sound decisions. You're not just another case to them; you're an individual with unique needs and goals, and they're committed to fighting for you. When you're facing workplace disputes, you need a team that's not only deeply knowledgeable about employment law but also passionate about fighting for your rights.

Pittsburgh Wrongful Termination Law Firm

  • Whistleblower

    A person who exposes wrongdoing or illegal activities within an organization or government entity.

    source

    Pittsburgh

    A city in the state of Pennsylvania, known for its rich history and vibrant cultural scene.

    source

    Family and Medical Leave Act of 1993

    A United States labor law that provides eligible employees with unpaid leave for specific family and medical reasons.

    source

    Alternative dispute resolution

    A process of resolving disputes outside of court, often using methods like mediation or arbitration.

    source

    Workplace Fairness

    An organization that promotes fair treatment and equality in the workplace.

    source

    American Bar Association

    A voluntary bar association of lawyers and law students in the United States.

    source

    Unemployment benefits

    Financial assistance provided to individuals who have lost their jobs involuntarily and meet certain eligibility criteria.

    source

    Employment discrimination

    Unfair treatment or unfavorable actions against an individual based on certain protected characteristics, such as race, gender, or disability, in the workplace.

    source

    Employee benefits

    Additional perks and advantages offered to employees by their employers, such as health insurance, retirement plans, or paid time off.

    source

    Lawyer

    A professional who practices law and provides legal advice and representation to clients.

    source

Pittsburgh Workplace Rights Lawyer

Pittsburgh is a city in the Commonwealth of Pennsylvania and the county seat of Allegheny County. It is the second-most populous city in Pennsylvania after Philadelphia and the 68th-most populous city in the U.S. with a population of 302,971 as of the 2020 census. The city anchors the Pittsburgh metropolitan area of Western Pennsylvania; its population of 2.457 million is the largest in both the Ohio Valley and Appalachia, the second-largest in Pennsylvania, and the 26th-largest in the U.S. Pittsburgh is the principal city of the greater Pittsburgh–Weirton–Steubenville combined statistical area that extends into two neighboring states, Ohio and West Virginia.

Pittsburgh Employment Attorney

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Citations and other links

Pittsburgh Employee Retaliation Attorney Workplace Rights Attorney

It's this client-focused approach that sets us apart and why those we've helped recommend us as the best employment lawyers in Pittsburgh Employee Retaliation Attorney for employee rights advocacy. At the Lacy Employment Law Firm, we believe every employee deserves a safe, respectful environment, free from discrimination, harassment, and unlawful treatment. This isn't about having a broad stroke knowledge; it's about specializing in the complexities that matter most to you, the client. When you're navigating the complexities of workplace disputes, knowing you've got a team that's fought tirelessly for others can be your beacon of hope.

Legal aid employment law

  • Trade secret protection
  • Pregnancy discrimination attorney
  • Whistleblower protection attorney
  • Non-disclosure agreements
  • Class action employment lawsuits
  • Legal aid employment law
  • Non-compete agreement
  • Workplace retaliation lawyer
  • Workplace grievance lawyer
  • Alternative dispute resolution
  • Employer legal representation
  • Freelance worker legal services
  • Workplace equity
  • Workers' rights
  • Harassment training for employers
  • Union avoidance strategies
  • Employment legal consulting
  • Workplace policy drafting
The Lacy Employment Law Firm in Pittsburgh Employee Retaliation Attorney, known for its expertise in employment disputes, can offer you the guidance and representation you need. Workplace policy drafting

Moreover, their track record speaks volumes. With every case we take on, your voice becomes the heart of our mission. By choosing Lacy Employment Law Firm, you're not just getting an attorney; you're getting a team that's equipped with the legal acumen to fiercely protect your interests at every turn. They understand that every employment dispute is unique, with its own set of circumstances and nuances.

Union avoidance strategies

  1. HR compliance training
  2. Contract employee rights
  3. Gig economy employment lawyer
  4. Employment law risk assessment
  5. Job termination rights
  6. Employment law seminars
  7. Employee handbook review
  8. Workplace discrimination policies
  9. Work-from-home legal policies
  10. Wrongful termination lawyer
  11. Harassment training for employers
  12. Union avoidance strategies
  13. Employment legal consulting
  14. Workplace policy drafting
  15. Employee contract disputes
  16. Employer defense attorney
  17. Non-solicitation agreements
  18. Disability discrimination lawyer
  19. Independent contractor agreements


Whether you're facing discrimination, harassment, wrongful termination, or disputes over wages and hours, we're here to stand up for your rights. But it's not just about the wins. That's why we're committed to offering pro bono services to those in need, ensuring access to justice isn't limited by financial constraints.

Union avoidance strategies

  1. Independent contractor agreements
  2. Workplace harassment lawyer
  3. Employment contracts
  4. Hostile work environment attorney
  5. HR outsourcing legal services
  6. Gender discrimination attorney
  7. Dispute resolution lawyer
  8. Employment tribunal representation
  9. Family and Medical Leave Act attorney
  10. Human resources legal advice
  11. Contract negotiation lawyer
  12. Employment law audits
  13. Employment law compliance
  14. Employment dispute resolution
  15. Minimum wage disputes
  16. Severance negotiation services
She faced gender discrimination at a tech firm, feeling isolated and powerless.

Moreover, they're gearing up to tackle emerging workplace issues, such as remote work policies and digital privacy concerns, ensuring that workers' rights evolve with the changing landscape of employment. Expect to find them hosting more workshops, seminars, and webinars, making legal advice more accessible to you and your community. As workplace laws evolve and new challenges emerge, Lacy Employment Law Firm is positioned to adapt and lead.

Class action employment lawsuits

  1. Workplace violence prevention
  2. Small business employment law
  3. Religious discrimination lawyer
  4. Employer liability defense
  5. Staff management legal advice
  6. Collective bargaining agreements
  7. Civil rights attorney
  8. Employee rights lawyer
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  11. Employment lawyer free consultation
  12. Employment discrimination attorney
  13. Employment law appeals
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  15. Employee misclassification lawyer
  16. Workplace investigation services
  17. HR compliance training
  18. Contract employee rights
  19. Gig economy employment lawyer
Their involvement goes beyond the courtroom.

Pittsburgh Employee Retaliation Attorney Workplace Rights Attorney
Pittsburgh Employee Retaliation Attorney Labor Dispute Lawyers

Pittsburgh Employee Retaliation Attorney Labor Dispute Lawyers

It's not enough to simply know what you're entitled to in the workplace; you need a dedicated advocate who'll stand up for you when those rights are threatened.

Workplace grievance lawyer

  • Employment law risk assessment
  • Job termination rights
  • Employment law seminars
  • Employee handbook review
  • Workplace discrimination policies
  • Work-from-home legal policies
  • Wrongful termination lawyer
  • Employer legal representation
  • Freelance worker legal services
  • Workplace equity
  • Workers' rights
  • Harassment training for employers
  • Union avoidance strategies
  • Employment legal consulting
  • Workplace policy drafting
  • Employee contract disputes
  • Employer defense attorney
  • Non-solicitation agreements
  • Disability discrimination lawyer
Understanding these rights isn't just about protecting yourself; it's about promoting a healthy, equitable work culture. You're committed to educating employers on best practices, thereby fostering a fairer workplace environment for all. Building on our unmatched expertise in employment law, we're equally passionate about championing workers' rights, ensuring you're treated fairly and with respect in your workplace. The attorneys at The Lacy Employment Law Firm will explain your legal rights and the potential pathways to resolve your issue.

You'll find their trophy case isn't just about decoration; it's a testament to their hard work, dedication, and the trust they've built with their clients. What sets him apart is his ability to tailor his approach to each unique case, ensuring personalized attention and advocacy for every client. They're not just keeping pace; they're setting the pace, adapting to new laws and evolving workplace norms with ease. The gratitude expressed in these testimonials isn't just for the outcomes we've achieved, but for the respect, empathy, and professionalism we've shown every step of the way. Union avoidance strategies

He's committed to continuous learning, attending seminars, and engaging in legal discussions to refine his skills further. Whistleblower protection attorney It's a gesture that goes beyond their call of duty, showing their commitment to empower and uplift the community they serve.

Union avoidance strategies

  • Workplace harassment lawyer
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  • Dispute resolution lawyer
  • Employment tribunal representation
  • Family and Medical Leave Act attorney
  • Human resources legal advice
  • Contract negotiation lawyer
  • Employment law audits
  • Employment law compliance
  • Employment dispute resolution
  • Minimum wage disputes
  • Severance negotiation services
This information will be invaluable as your attorney builds your case. They keep you informed every step of the way, ensuring you understand your rights and the legal processes involved.

Instead, you're a valued individual seeking justice and fairness in your professional life.

Employment legal consulting

  1. Staff management legal advice
  2. Collective bargaining agreements
  3. Civil rights attorney
  4. Employee rights lawyer
  5. Sexual orientation discrimination
  6. Layoff and reduction legal advice
  7. Employment lawyer free consultation
  8. Employment discrimination attorney
  9. Employment law appeals
  10. Employment law for startups
  11. Employee misclassification lawyer
  12. Workplace investigation services
  13. HR compliance training
  14. Contract employee rights
  15. Gig economy employment lawyer
Whether it's through internal channels or by seeking external legal advice, taking action is key to ensuring justice is served. It's not just about legal representation; it's about building a partnership with someone who's your back. The Lacy Employment Law Firm embodies this blend of experience and innovation, making them a standout choice in Pittsburgh Employee Retaliation Attorney.

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One standout success involves a client faced with wrongful termination due to discrimination. They're not just resting on their laurels but are geared up for continued growth, advocacy, and success in the fight for fairness in the workplace. That's when you discover the team at Lacy Employment Law Firm, just like countless others before you. Non-compete agreement Understanding your rights and the complexities of employment law starts with a comprehensive consultation process at The Lacy Employment Law Firm.

It's evidence like this that can strengthen your case, showing the real reasons behind your termination. As you consider the significance of such recognition, you're likely to find their story not just inspiring but also indicative of the evolving landscape of employment law in Pittsburgh Employee Retaliation Attorney, hinting at a broader discussion on excellence in legal practices.

Freelance worker legal services

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  • Wage and hour attorney
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  • FMLA lawyer
  • Age discrimination lawyer
  • Workplace violence prevention
You'll find stories of individuals who felt powerless against corporate giants, finally finding a voice and a champion in their corner.

These examples underscore the firm's dedication to fighting for workers' rights and ensuring justice is served. With experience comes knowledge of precedent-setting cases, negotiation tactics, and even the tendencies of specific judges or opposing counsel. Building on its reputation for unmatched representation, The Lacy Employment Law Firm boasts a deep well of legal expertise in employment law to navigate your case with precision.

We believe that by working together, we can make a significant impact, promoting fairness, equality, and justice for all workers in Pittsburgh Employee Retaliation Attorney. It's about understanding what you're entitled to and knowing how to defend those rights when they're challenged. It's crucial to recognize when you're being discriminated against and know that legal protections are in place to safeguard your rights.

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Hostile Work Environment Lawyers Pittsburgh Employee Retaliation Attorney
Hostile Work Environment Lawyers Pittsburgh Employee Retaliation Attorney

The firm's commitment to advocating for employees is evident in their track record of successfully navigating complex legal battles against formidable opponents.

Workplace policy drafting

  1. Employee contract disputes
  2. Employer defense attorney
  3. Non-solicitation agreements
  4. Disability discrimination lawyer
  5. Independent contractor agreements
  6. Workplace harassment lawyer
  7. Employment contracts
  8. Hostile work environment attorney
  9. HR outsourcing legal services
  10. Gender discrimination attorney
  11. Dispute resolution lawyer
  12. Employment tribunal representation
  13. Family and Medical Leave Act attorney
  14. Human resources legal advice
  15. Contract negotiation lawyer
  16. Employment law audits
At Lacy Law, you'll find a unique blend of compassion and aggressive representation. When you choose the Lacy Employment Law Firm, you're not just getting a legal representative; you're gaining a powerful ally in your corner. Whether you're facing discrimination, wrongful termination, or any other workplace issue, they're equipped to handle it. While they offer a comprehensive range of services, from legal expertise to unparalleled client support, there's more beneath the surface that has both former clients and the community taking notice.
It's this combination of education, experience, and a proven track record that makes them so effective in protecting workers' rights. By harnessing innovative legal strategies and deepening their expertise, they're aiming to tackle more complex cases and address emerging challenges in the workplace. They really listened and fought for what was fair.' This kind of testimony is what we strive for-it's not just about the legal victories, but about how we make our clients feel supported and heard. A friendly staff member will greet you, ready to listen to your concerns and schedule a consultation with one of their experienced lawyers.
Their phone number is prominently displayed on their website, making it easy for you to find and use. Read more about Pittsburgh Employee Retaliation Attorney here By choosing The Lacy Employment Law Firm, you're not just hiring an attorney; you're partnering with a team determined to fight for your rights and secure the best possible outcome for your case. Plus, we stay abreast of the latest legal developments to ensure our strategies are as cutting-edge as they're effective. The Lacy Employment Law Firm didn't just win back the client's job; they also secured back pay, damages, and a settlement that compensated for the emotional distress suffered.
Whether it's discrimination, wrongful termination, or wage disputes, Andrew's approach is always the same: relentless pursuit of justice and tireless advocacy for his clients' rights. From the get-go, you could see Andrew wasn't just another attorney. They've worked tirelessly, ensuring each client feels heard and represented. This means if you're let go for discriminatory reasons, as a form of retaliation, or without the due process promised in your contract, you've likely been wrongfully terminated.

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This breadth of experience means they're well-equipped to handle the complexities of your case, no matter the sector you're in. These stories aren't just wins; they're beacons of hope. You're positioned to witness a firm that's not just resting on its laurels but is actively pushing the boundaries of what's possible in advocating for employee rights. One client remarked, 'They turned a daunting process into one where I felt empowered and validated.
The firm's success isn't just about the number of cases won; it's about how those victories have improved the lives of their clients. Among their most notable recognitions, The Lacy Employment Law Firm has been repeatedly named among the “Best Employment Lawyers in Pittsburgh Employee Retaliation Attorney” by various legal publications. The Lacy Employment Law Firm didn't back down.
Whether you're battling for unpaid overtime or challenging misclassification as an independent contractor, they're equipped to fight for your rights. This outcome is a testament to the firm's negotiation skills and their commitment to not just winning cases, but also restoring their clients' lives and careers. They've built a reputation for not only understanding the intricate details of employment law but for aggressively pursuing justice for their clients.
Then there's Michael, facing discrimination that seemed insurmountable. Class action employment lawsuits This hands-on experience ensures they're not just theorists but practitioners who know what strategies work best in real-world scenarios. They're well-versed in both state and federal wage laws, ensuring they can advocate effectively for your rights.

Learn more about Pittsburgh Employee Retaliation Attorney here
Whistleblower retaliation law firm Pittsburgh Employee Retaliation Attorney
Lawyer
Helena Normanton in English court dress, c. 1950[a]
Occupation
NamesAttorney, advocate, barrister, counsel, counsellor, 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

A lawyer is a person who is qualified to offer advice about the law, draft legal documents, or represent individuals in legal matters.

The exact nature of a lawyer's work varies depending on the legal jurisdiction and the legal system, as well as the lawyer's area of practice. In many jurisdictions, the legal profession is divided into various branches — including barristers, solicitors, conveyancers, notaries, canon lawyer — who perform different tasks related to the law.[1]

Historically, the role of lawyers can be traced back to ancient civilizations such as Greece and Rome. In modern times, the practice of law includes activities such as representing clients in criminal or civil court, advising on business transactions, protecting intellectual property, and ensuring compliance with laws and regulations.

Depending on the country, the education required to become a lawyer can range from completing an undergraduate law degree to undergoing postgraduate education and professional training. In many jurisdictions, passing a bar examination is also necessary before one can practice law.

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 upholding the rule of law, human rights, and the interests of the legal profession.[2][3]

Terminology

[edit]

Some jurisdictions have multiple types of lawyers, while others only have one or two.

England, the mother of the common law jurisdictions, emerged from the Middle Ages with a complexity in its legal professions similar to that of civil law jurisdictions, but then evolved by the 19th century to a single division between barristers and solicitors.

Several countries that originally had two or more legal professions have since fused or united their professions into a single type of lawyer.[4][5][6][7] 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.[8] In countries with fused professions, a lawyer is usually permitted to carry out all or nearly all the responsibilities listed below.

In some jurisdictions descended from the English common law tradition, including England and Wales, there are often two kinds of lawyers. A barrister (also known as an advocate or counselor) is a lawyer who typically specializes in arguing before courts, particularly in higher courts. A solicitor (or attorney) is a lawyer who prepares cases and gives advice on legal subjects. In some jurisdictions, solicitors also represent people in court. Fused professions, where lawyers have rights of both barristers and solicitors, have emerged in other former English common law jurisdictions, such as the United States, India, and Pakistan.[9][10]

On the other hand, civil law jurisdictions do not have "lawyers" in terms of a single general-purpose legal services provider.[11] Rather, their legal professions consist of a large number of different kinds of legally-trained persons, known as jurists, some of whom are advocates who are licensed to practice in the courts.[12][13][14] In some civil law countries, a similar distinction to the common law tradition exists between advocates and procurators.[15][16][17]

Because each country has traditionally had its own method of dividing up legal work among its legal professionals, it has been difficult to formulate accurate generalizations that cover all the countries with multiple legal professions.[18] Other kinds of legal practitioners include:

While some jurisdictions regulate the use of the title "lawyer", others do not.[9][21][22]

Titles

[edit]
Example of a diploma from Suffolk University Law School conferring the Juris Doctor degree

Historically, lawyers in most European countries were addressed with the title of doctor. The first university degrees, starting with the law school of the University of Bologna in the 11th century, were all law degrees and doctorates.[23] Therefore, in many 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. In some jurisdictions, the term "doctor" has since fallen into disuse, but it is still in use in many countries within and outside of Europe.[24][25]

The title of doctor has traditionally not been used to address lawyers in England or other common law countries. Until 1846, lawyers in England were trained by apprenticeship or in the Inns of Court, with no undergraduate degree being required.[26] Although the most common law degree in the United States is the Juris Doctor,[27] most J.D. holders in the United States do not use the title "doctor".[28] It is, however, common for lawyers in the United States to use the honorific suffix "Esq." (for "Esquire").

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). In Poland, the title Mecenas is used to refer to advocates and attorneys at law,[29] although as an informal title its status is not protected by law.[30][31]

In South Africa and India, lawyers who have been admitted to the bar may use the title "Advocate", abbreviated to "Adv" in written correspondence. Lawyers who have completed two years of clerkship with a principal Attorney and passed all four board exams may be admitted as an "Attorney". Likewise, Italian law graduates who have qualified for the bar use the title "Avvocato", abbreviated in "Avv."

Responsibilities

[edit]

Oral Arguments in a Courtroom

[edit]
Oral arguments being made before the New York Court of Appeals

Some lawyers, particularly barristers and advocates, argue the legal cases of clients case before a judge or jury in a court of law.[32][33]

In some jurisdictions, there are specialist lawyers who have exclusive rights of audience before a court.[34] In others, particularly fused legal jurisdictions, there are lawyers who specialize in courtroom advocacy but who do not have a legal monopoly over the profession.

In some countries, litigants have the option of arguing on their own behalf.[35] In other countries, like Venezuela, no one may appear before a judge unless represented by a lawyer.[36] The advantage of the latter regime is that lawyers are familiar with the court's customs and procedures, making 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.[37][38]

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 split common law jurisdictions, 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.[39] The barrister then researches and drafts the necessary court pleadings, which will be filed and served by the solicitor, and orally argues the case.[40]

In Spanish civil law, the procurator merely signs and presents the papers to the court, but it is the advocate who drafts the papers and argues the case.[41] In other civil law jurisdictions, 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.[42]

Advocacy 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).[43] 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.[44]

Client intake and counseling

[edit]

In some fused common law jurisdictions, the client-lawyer relationship begins with an intake interview where the lawyer gets to know the client personally, following which the lawyer discovers the facts of the client's case, clarifies what the client wants to accomplish, and 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.[45][46]

In England, only solicitors were traditionally in direct contact with the client,[47][needs update] but barristers nowadays may apply for rights to liaise with clients directly. The solicitor retained a barrister if one was necessary and acted as an intermediary between the barrister and the client.[48] 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.[49][50]

[edit]

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 some jurisdictions, only a properly licensed lawyer may provide legal advice to clients for good consideration, even if no lawsuit is contemplated or is in progress.[51][52][53] In these jurisdictions, 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. Some jurisdictions have made the violation of such a rule the crime of unauthorized practice of law.[54]

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.[55][56] Some countries go further; in England and Wales, there is no general prohibition on the giving of legal advice.[57] Singapore does not have any admission requirements for in-house counsel.[58] Sometimes civil law notaries are allowed to give legal advice, as in Belgium.[59]

In many countries, non-jurist accountants may provide what is technically legal advice in tax and accounting matters.[60]

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.[42][61]

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.[62] In others, jurists or notaries may negotiate or draft contracts.[63]

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.[64] Historically, conveyancing accounted for about half of English solicitors' income, though this has since changed,[65] and a 1978 study showed that conveyancing "accounts for as much as 80 percent of solicitor-client contact in New South Wales."[66] In most common law jurisdictions outside of the United States, this monopoly arose from an 1804 law[67] 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.[68]

In others, the use of a lawyer is optional and banks, title companies, or realtors may be used instead.[69] In some civil law jurisdictions, real estate transactions are handled by civil law notaries.[70] In England and Wales, a special class of legal professionals–the licensed conveyancer–is also allowed to carry out conveyancing services for reward.[71]

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.[63]

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.[72] In common law countries, prosecutors are usually lawyers holding regular licenses who work for the government office that files criminal charges against suspects. Criminal defense lawyers specialize in the defense of those charged with any crimes.[73]

Education and training

[edit]
Law Faculty of Comenius University in Bratislava (Slovakia)

The educational prerequisites for becoming a lawyer vary greatly across countries. In some countries, law is an undergraduate degree culminating in a bachelors or master's degree in law. In some of these jurisdictions, it is common or even required for students to earn another bachelor's degree at the same time.[74][75] Where law is taught as an undergraduate degree, legal training after law school may comprise advanced examinations, apprenticeships, and additional coursework at special government institutes. For example, in many English common law jurisdictions, individuals with a law degree have to undergo further education and professional training before qualifying as a lawyer, such as the Bar Professional Training Course.[76]

In other jurisdictions, particularly the United States and Canada, law is taught at the graduate level following the completion of an unrelated bachelor's degree.[77][78] In America, the American Bar Association decides which law schools to approve for the purposes of admission to the bar.[79] Law schools in the United States and Canada award graduating students a J.D. (Juris Doctor) as a professional law degree.[80] 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.[81]

The methods and quality of legal education vary widely. Some countries require extensive clinical training in the form of apprenticeships or special clinical courses.[82] Others, like Venezuela, do not.[83] 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).[84][85] Many others focus on theoretical aspects of law, leaving the professional and practical training of lawyers to apprenticeship and employment contexts.[86][87][88]

Some countries, particularly industrialized ones, have a traditional preference for full-time law programs,[89] while in developing countries, students often work full- or part-time to pay the tuition and fees of their part-time law programs.[90][91] 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 commitment, a concomitant scarcity of full-time law professors),[92][93] incompetent faculty with underqualified credentials,[94] and textbooks that lag behind the current state of the law.[92][95]

Earning the right to practice law

[edit]
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.[96] Mexico allows anyone with a law degree to practice law.[97] 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.[96][98][99]

Some countries require a formal apprenticeship with an experienced practitioner, while others do not.[100] 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.[101]

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 and 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.[102] 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.[103] 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.[104]

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.[105] After one earns a law degree, career mobility may be severely constrained.[106] For example, unlike their Anglo-American counterparts,[107] it is difficult for German judges to leave the bench and become advocates in private practice.[108] Another interesting example is France, where for much of the 20th century, all judiciary officials were graduates of an elite professional school for judges.[109]

In a few civil law countries, such as Sweden,[110] 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.[111] In others, there has been a tendency since the start of the 20th century for lawyers to specialize early in their careers.[112][113] 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.[114][115]

Organizations

[edit]

Lawyers in private practice generally work in specialized businesses known as law firms,[116] 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.[117] The United States,[118] United Kingdom and Australia are exceptions, 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 generally self-employed.[119] 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.

Some large businesses employ their own legal staff in a legal department.[120] Other organizations buy in legal services from outside companies.[121]

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[122] or the Ministry of Justice[123] 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.[124] 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.[125] In civil law countries, comparable organizations are known as Orders of Advocates,[126] Chambers of Advocates,[127] Colleges of Advocates,[128] Faculties of Advocates,[129] or similar names. Generally, a nonmember caught practicing law may be liable for the crime of unauthorized practice of law.[130]

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 can be seen in countries including New Zealand, Japan, and Belgium.[131] Others, especially those with federal governments, tend to regulate lawyers at the state or provincial level; this is the case in the United States,[132] Canada,[133] Australia,[134] and Switzerland,[135] to name a few. Brazil is the most well-known federal government that regulates lawyers at the national level.[136]

Some countries, like Italy, regulate lawyers at the regional level,[137] 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).[138] 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.[139]

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,[140] and similarly, American citizenship and residency requirements were struck down as unconstitutional by the U.S. Supreme Court in 1973 and 1985, respectively.[141] The European Court of Justice made similar decisions in 1974 and 1977 striking down citizenship restrictions in Belgium and France.[142]

Regulation of 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),[143] 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.[144] 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.[123] 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.[145][146]

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.[147][148] 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.[149]

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.[150] 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.[151] 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.[152] In some jurisdictions, mechanisms have been astonishingly ineffective, and penalties have been light or nonexistent.[153][154][155]

Voluntary associations

[edit]

Voluntary lawyer associations may exist at all geographic levels from the provincial to the global.[97][156] Some associations are termed voluntary bar associations.[157] In some countries, lawyers have also formed trade unions.[158]

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.[159] Complaints about too many lawyers were common in both England and the United States in the 1840s,[160][161] Germany in the 1910s,[162] and in Australia,[163] Canada,[164] the United States,[165][166][167] and Scotland[168] in the 1980s.

Public distrust of lawyers reached record heights in the United States after the Watergate scandal.[167][169] 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.[170] Lawyer jokes also soared in popularity in English-speaking North America as a result of Watergate.[171]

In Adventures in Law and Justice, 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"[172] with a quote from Ambrose Bierce's satirical The Devil's Dictionary that summarized the noun as: "LAWYER, n. One skilled in circumvention of the law."[173]

More generally, in Legal Ethics: A Comparative Study, 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.[174] 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.[175]

Some studies have shown that suicide rates among lawyers in certain jurisdictions 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.[176][177] Additionally, lawyers are twice as likely to suffer from addiction to alcohol and other drugs.[178]

Compensation

[edit]
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.[179][180][181][182] 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,[183] a contingency fee,[184] or a lump sum payment. 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 clients get worse outcomes.[185][186] 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,[187] 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.[188] In many countries, with the notable exception of Germany,[189] 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").[190] Traditionally such work was performed on behalf of the poor, but in some countries it has now expanded to many other causes such as environmental law.

In some countries, there are legal aid lawyers who specialize in providing legal services to the indigent.[191][192] 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.[193] A similar system, though not as extensive or generous, operates in Australia, Canada, and South Africa.[194]

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. 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.[195] In Germany, mandatory fee structures have enabled widespread implementation of affordable legal expense insurance.[196]

History

[edit]
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. 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.[197] However, around the middle of the fourth century, the Athenians disposed of the perfunctory request for a friend.[198] 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.[199] 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.[200] If one narrows the definition of lawyers to people who could practice the legal profession openly and legally, then the first lawyers would be the orators of ancient Rome.[201]

Ancient Rome

[edit]

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

Like their Greek contemporaries, early Roman advocates were trained in rhetoric, not law, and the judges before whom they argued were also not legally trained.[205] But very early on, unlike Athens, Rome developed a class of specialists who were learned in the law, known as jurisconsults (iuris consulti).[206] Jurisconsults were wealthy amateurs who dabbled in law as an intellectual hobby; they did not make their primary living from it.[206] They gave legal opinions (responsa) on legal issues to all comers (a practice known as publice respondere).[207] 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.[206] 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 developed in a systematic and technical way.[206]

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.[208] 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.[209] The centralization and bureaucratization of the profession was apparently gradual at first, but accelerated during the reign of Emperor Hadrian.[210] At the same time, the jurisconsults went into decline during the imperial period.[211]

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 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][227] 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]

See also

[edit]

Notes

[edit]
  1. ^ She is wearing the ceremonial robes of a King's Counsel.

References

[edit]
  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. ^ Bastard, 299, and Hazard, 45.
  5. ^ 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.
  6. ^ 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.
  7. ^ 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.
  8. ^ 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.
  9. ^ a b "THE ADVOCATES ACT, 1961" (PDF). Bar Council of India. 1961. Archived from the original (PDF) on 19 Aug 2008. Retrieved 1 May 2023.
  10. ^ "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.
  11. ^ Walter O. Weyrauch, The Personality of Lawyers (New Haven: Yale University Press, 1964), 27.
  12. ^ 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.
  13. ^ 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.
  14. ^ Merryman, 105.
  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. ^ Hazard, 21–33.
  19. ^ a b 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.
  20. ^ a b Merryman, 105–109.
  21. ^ Carl W. Battle, The Patent Guide: A Friendly Guide to Protecting and Profiting from Patents (New York: Allworth Press, 1997), 49.
  22. ^ David G. Cooper and Michael J. Gibson, Introduction to Paralegal Studies, 2nd ed.(Clifton Park: Thomson Delmar Learning, 1998), 4.
  23. ^ Herbermann, et al. (1915). Catholic Encyclopedia Archived 2017-08-04 at the Wayback Machine. New York: Encyclopedia Press. Accessed May 26, 2008. García y García, 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.
  24. ^ Regio Decreto 4 giugno 1938, n.1269 Archived 2009-08-09 at the Wayback Machine, Art. 48. (in Italian). Accessed February 10, 2009.
  25. ^ 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.
  26. ^ 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
  27. ^ 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); Encyclopædia Britannica. (2002). "Encyclopædia Britannica", 3:962:1a. (the J.D. is listed among other doctorate degrees).
  28. ^ 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
  29. ^ "mecenas". sjp.pwn.pl (in Polish). Retrieved 3 September 2024.
  30. ^ "Mecenas a adwokat – w czym tkwi różnica?". Adwokaci Ambicki Trela (in Polish). 5 September 2022. Retrieved 3 September 2024.
  31. ^ "Tytuł "mecenas" zarezerwowany jest dla adwokatów i radców prawnych". Adwokatura Polska (in Polish). Retrieved 3 September 2024.
  32. ^ "What is a Barrister?". Archived from the original on 2020-03-03. Retrieved 2020-04-06.
  33. ^ Hazard, 30–32.
  34. ^ Richard L. Abel, The Legal Profession in England and Wales (London: Basil Blackwell, 1989), 116.
  35. ^ 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).
  36. ^ 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.
  37. ^ Gordon Kent, "Lawyerless Litigants: Is Justice Being Served?" Edmonton Journal, 27 January 2002, A1.
  38. ^ Alan Feuer, "Lawyering by Laymen: More Litigants Are Taking a Do-It-Yourself Tack", The New York Times, 22 January 2001, B1.
  39. ^ Fiona Boyle, Several Capps, Philip Plowden, Clare Sandford, A Practical Guide to Lawyering Skills, 3rd ed. (London: Cavendish Publishing, 2005), 47–50.
  40. ^ See Abel, England and Wales, 56 and 141.
  41. ^ Jene, 369.
  42. ^ a b Rokumoto, 164.
  43. ^ 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.
  44. ^ 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).
  45. ^ 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.
  46. ^ John H. Freeman, Client Management for Solicitors (London: Cavendish Publishing Ltd., 1997), 266–274.
  47. ^ Abel, England and Wales, 1 and 141.
  48. ^ J. R. Spencer and Richard M. Jackson, Jackson's Machinery of Justice, 8th ed. (Cambridge: Cambridge University Press, 1989), 336.
  49. ^ R.E. Megarry, Lawyer and Litigant in England (London: Stevens and Sons, 1962), 32.
  50. ^ 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.
  51. ^ Arthurs, 125; Johnsen, 74; and Pérez-Perdomo, "Venezuelan Legal Profession", 387.
  52. ^ 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.
  53. ^ 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.
  54. ^ 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.
  55. ^ Abel, England and Wales, 185; Bastard, 318.
  56. ^ 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.
  57. ^ Stephen J. McGarry, Multidisciplinary Practices and Partnerships: Lawyers, Consultants, and Clients, § 1.06[1] (New York: Law Journal Press, 2002), 1–29.
  58. ^ Holland & Marie (26 November 2018). "HMLegal – Your Outsourced, In-House Counsel Solution". Holland & Marie. Archived from the original on 10 August 2019. Retrieved 10 August 2019.
  59. ^ 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.
  60. ^ Murray, 325; and Rokumoto, 164.
  61. ^ 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).
  62. ^ Arthurs, 125; and Pérez-Perdomo, "Venezuelan Legal Profession", 387.
  63. ^ a b Huyse, 227.
  64. ^ Abel, England and Wales, 176; Hazard, 90–93; Murray, 325; and Pérez-Perdomo, "Venezuelan Legal Profession", 387.
  65. ^ Abel, England and Wales, 177.
  66. ^ Weisbrot, 292.
  67. ^ s. 14 Stamp Act 1804
  68. ^ 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.
  69. ^ Weisbrot, 251.
  70. ^ Arthurs, 125; Huyse, 227; and Schuyt, 201.
  71. ^ 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.
  72. ^ Hazard, 34–35; Huyse, 227; Merryman, 105, and Schuyt, 201.
  73. ^ Larry J. Siegel and Joseph J. Senna, Introduction to Criminal Justice, 10th ed. (Belmont: Thomson Wadsworth, 2005), 311–325.
  74. ^ 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.
  75. ^ Abel, England and Wales, 45–59; Rokumoto, 165; and Schuyt, 204.
  76. ^ "The Bar Professional Training Course (BPTC)". Chambers Student. Archived from the original on 2012-03-23. Retrieved 2012-02-23.
  77. ^ Wayne L. Anderson and Marilyn J. Headrick, The Legal Profession: Is it for you? (Cincinnati: Thomson Executive Press, 1996), 52–53.
  78. ^ 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.
  79. ^ "ABA-Approved Law Schools". American Bar Association. Archived from the original on 2018-10-08. Retrieved 2015-04-18.
  80. ^ "ABA-Approved Law Schools". ABA. American Bar Association. Archived from the original on 22 November 2017. Retrieved 18 November 2017.
  81. ^ G. Jeffrey MacDonald, "The self-made lawyer: Not every attorney goes to law school", The Christian Science Monitor, 3 June 2003, 13.
  82. ^ Hazard, 127–129; Merryman, 103; and Olgiati, 345.
  83. ^ Pérez-Perdomo, "Venezuelan Legal Profession", 384.
  84. ^ 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.
  85. ^ Anderson, 4–10.
  86. ^ Blankenburg, 132; Friedman and Pérez-Perdomo, 6; Hazard, 124–128; and Olgiati, 345.
  87. ^ 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.
  88. ^ Herbert Hausmaninger, "Austrian Legal Education", 43 S. Tex. L. Rev. 387, 388 and 400 (2002).
  89. ^ Abel, American Lawyers, 57; Miller, 25; and Murray, 337.
  90. ^ Falcão, 410.
  91. ^ 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.
  92. ^ a b Lopez-Ayllon, 324.
  93. ^ 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.
  94. ^ Junqueira, 89.
  95. ^ 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.
  96. ^ a b Abel, American Lawyers, 62.
  97. ^ a b Lopez-Ayllon, 330.
  98. ^ Hazard, 127, 129, & 133; Miller, 335–341.
  99. ^ 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.
  100. ^ Hazard, 129 & 133.
  101. ^ Weisbrot, 266.
  102. ^ Abel, American Lawyers, 167–175; Abel, England and Wales, 214; Arthurs, 131; Gandhi, 374; Merryman, 102, and Weisbrot, 277.
  103. ^ Anderson, 124–131.
  104. ^ Gandhi, 374.
  105. ^ 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
  106. ^ Merryman, 102–105.
  107. ^ 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.
  108. ^ Blankenburg, 133.
  109. ^ Boigeol, "The Rise of Lawyers", 202.
  110. ^ Bernard Michael Ortwein II, "The Swedish Legal System: An Introduction", 13 Ind. Int'l & Comp. L. Rev. 405, 440–445 (2003).
  111. ^ Hazard, 39–43; Olgiati, 353.
  112. ^ Abel, American Lawyers, 122.
  113. ^ Michael H. Trotter, Profit and the Practice of Law: What's Happened to the Legal Profession (Athens, GA: University of Georgia Press, 1997), 50.
  114. ^ Herbert M. Kritzer, "The fracturing legal profession: the case of plaintiffs' personal injury lawyers", 8 Int'l J. Legal Prof. 225, 228–231 (2001).
  115. ^ Information for lawyers – Penalista para hurto Archived 2015-12-28 at the Wayback Machine
  116. ^ Anderson, 111–117.
  117. ^ Hazard, 39.
  118. ^ Junqueira, 92. According to this source, as of 2003, there were 901 law firms with more than 50 lawyers in the United States.
  119. ^ Gary Slapper and David Kelly, The English Legal System, 7th ed. (London: Cavendish Publishing Ltd., 2004), 550.
  120. ^ Sobowale, J., BECOMING AN IN-HOUSE LAWYER, Canadian Bar Association, published 1 January 2015, accessed 15 March 2023
  121. ^ Charlson, J. and Chinyio, E., A case study of joint procurement and provision of legal services to a group of a universities in the Midlands, published in Smith, S.D and Ahiaga-Dagbui, D.D (eds), Procs 29th Annual ARCOM Conference, 2–4 September 2013, Reading, UK, Association of Researchers in Construction Management, 493-502, accessed 15 March 2023
  122. ^ Weisbrot, 264.
  123. ^ a b Johnsen, 86.
  124. ^ Boigeol, "The French Bar", 271; Merryman, 106, and Junqueira, 89.
  125. ^ Abel, England and Wales, 127 and 243–249; Arthurs, 135; and Weisbrot, 279.
  126. ^ Bastard, 295; and Falcão, 401.
  127. ^ Blankenburg, 139.
  128. ^ Jene, 370.
  129. ^ Paterson, 79.
  130. ^ Arthurs, 143.
  131. ^ Murray, 339; Rokumoto, 163; and Schuyt, 207.
  132. ^ Abel, American Lawyers, 116.
  133. ^ Arthurs, 139.
  134. ^ Weisbrot, 244.
  135. ^ Bastard, 299.
  136. ^ Falcão, 404.
  137. ^ Olgiati, 343.
  138. ^ Huyse, 239.
  139. ^ Howard D. Fisher, The German Legal System and Legal Language, 3rd ed. (London: Routledge Cavendish, 2002), 208–209.
  140. ^ Andrews v Law Society of British Columbia [1989] 1 SCR 143.
  141. ^ Abel, American Lawyers, 68.
  142. ^ 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.
  143. ^ 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.
  144. ^ Abel, Civil Law World, 10; Johnsen, 70; Olgiati, 339; and Rokumoto, 161.
  145. ^ Falcão, 423.
  146. ^ Maria da Gloria Bonelli, "Lawyers' Associations and the Brazilian State, 1843–1997", 28 Law & Soc. Inquiry 1045, 1065 (2003).
  147. ^ Kandis Scott, "Decollectivization and Democracy: Current Law Practice in Romania", 36 Geo. Wash. Int'l L. Rev. 817, 820. (2004).
  148. ^ Timothy J. Tyler, "Judging the Past: Germany's Post-Unification Lawyers' Admissions Review Law", 29 Tex. Int'l L.J. 457, 472 (1994).
  149. ^ 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.
  150. ^ Abel, American Lawyers, 142–143; Abel, England and Wales, 29; and Arthurs, 148.
  151. ^ Arthurs, 138; and Weisbrot, 281.
  152. ^ Abel, American Lawyers, 246–247.
  153. ^ Abel, American Lawyers, 147; Abel, England and Wales, 135 and 250; Arthurs, 146; Hazard, 135; Paterson, 104; and Weisbrot, 284.
  154. ^ Richard L. Abel, English Lawyers Between Market and State: The Politics of Professionalism (New York: Oxford University Press, 2003), 374–375.
  155. ^ 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).
  156. ^ Abel, England and Wales, 132–133.
  157. ^ Arthurs, 141.
  158. ^ Boigeol, "The French Bar", 274; and Olgiati, 344.
  159. ^ Blankenburg, 126; and Boigeol, "The French Bar", 272.
  160. ^ Abel, England and Wales, 37.
  161. ^ 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.
  162. ^ Blankenburg, 127.
  163. ^ Weisbrot, 246.
  164. ^ Arthurs, 128.
  165. ^ Marc Galanter, "Predators and Parasites: Lawyer-Bashing and Civil Justice, " 28 Ga. L. Rev. 633, 644–648 (1994).
  166. ^ 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.
  167. ^ a b Gerry Spence, With Justice For None: Destroying An American Myth (New York: Times Books, 1989), 27–40
  168. ^ Paterson, 76.
  169. ^ Jerold Auerbach, Unequal Justice: Lawyers and Social Change in Modern America (New York: Oxford University Press, 1976), 301.
  170. ^ 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.
  171. ^ Gayle White, "So, a lawyer, a skunk and a catfish walk into a bar...: No shortage of jokes", National Post, 27 May 2006, FW8.
  172. ^ 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 Archived 2016-04-15 at the Wayback Machine.
  173. ^ 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.
  174. ^ Hazard, 60 Archived 2016-04-15 at the Wayback Machine.
  175. ^ Hazard, 60.
  176. ^ "June, Daniel, "Increase of Kentucky Lawyer Suicides Exposes the Unique Stresses of the Profession"". 4 June 2013. Archived from the original on 2022-02-21. Retrieved 2013-06-04.
  177. ^ "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.
  178. ^ Murray, Bob (2017-01-04). "Dealing with depression". Archived from the original on 2017-01-05. Retrieved 2017-01-04.
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  184. ^ 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.
  185. ^ 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)
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  189. ^ 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.
  190. ^ Abel, American Lawyers, 129–130.
  191. ^ Abel, American Lawyers, 133.
  192. ^ Arthurs, 161; Murray, 342; Pérez-Perdomo, 392; Schuyt, 211; and Weisbrot, 288.
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  202. ^ John A. Crook, Law and Life of Ancient Rome (Ithaca: Cornell University Press, 1967), 90.
  203. ^ 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.
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  206. ^ a b c d Crook, 88.
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Lawyer
Helena Normanton in English court dress, c. 1950[a]
Occupation
NamesAttorney, advocate, barrister, counsel, counsellor, 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

A lawyer is a person who is qualified to offer advice about the law, draft legal documents, or represent individuals in legal matters.

The exact nature of a lawyer's work varies depending on the legal jurisdiction and the legal system, as well as the lawyer's area of practice. In many jurisdictions, the legal profession is divided into various branches — including barristers, solicitors, conveyancers, notaries, canon lawyer — who perform different tasks related to the law.[1]

Historically, the role of lawyers can be traced back to ancient civilizations such as Greece and Rome. In modern times, the practice of law includes activities such as representing clients in criminal or civil court, advising on business transactions, protecting intellectual property, and ensuring compliance with laws and regulations.

Depending on the country, the education required to become a lawyer can range from completing an undergraduate law degree to undergoing postgraduate education and professional training. In many jurisdictions, passing a bar examination is also necessary before one can practice law.

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 upholding the rule of law, human rights, and the interests of the legal profession.[2][3]

Terminology

[edit]

Some jurisdictions have multiple types of lawyers, while others only have one or two.

England, the mother of the common law jurisdictions, emerged from the Middle Ages with a complexity in its legal professions similar to that of civil law jurisdictions, but then evolved by the 19th century to a single division between barristers and solicitors.

Several countries that originally had two or more legal professions have since fused or united their professions into a single type of lawyer.[4][5][6][7] 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.[8] In countries with fused professions, a lawyer is usually permitted to carry out all or nearly all the responsibilities listed below.

In some jurisdictions descended from the English common law tradition, including England and Wales, there are often two kinds of lawyers. A barrister (also known as an advocate or counselor) is a lawyer who typically specializes in arguing before courts, particularly in higher courts. A solicitor (or attorney) is a lawyer who prepares cases and gives advice on legal subjects. In some jurisdictions, solicitors also represent people in court. Fused professions, where lawyers have rights of both barristers and solicitors, have emerged in other former English common law jurisdictions, such as the United States, India, and Pakistan.[9][10]

On the other hand, civil law jurisdictions do not have "lawyers" in terms of a single general-purpose legal services provider.[11] Rather, their legal professions consist of a large number of different kinds of legally-trained persons, known as jurists, some of whom are advocates who are licensed to practice in the courts.[12][13][14] In some civil law countries, a similar distinction to the common law tradition exists between advocates and procurators.[15][16][17]

Because each country has traditionally had its own method of dividing up legal work among its legal professionals, it has been difficult to formulate accurate generalizations that cover all the countries with multiple legal professions.[18] Other kinds of legal practitioners include:

While some jurisdictions regulate the use of the title "lawyer", others do not.[9][21][22]

Titles

[edit]
Example of a diploma from Suffolk University Law School conferring the Juris Doctor degree

Historically, lawyers in most European countries were addressed with the title of doctor. The first university degrees, starting with the law school of the University of Bologna in the 11th century, were all law degrees and doctorates.[23] Therefore, in many 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. In some jurisdictions, the term "doctor" has since fallen into disuse, but it is still in use in many countries within and outside of Europe.[24][25]

The title of doctor has traditionally not been used to address lawyers in England or other common law countries. Until 1846, lawyers in England were trained by apprenticeship or in the Inns of Court, with no undergraduate degree being required.[26] Although the most common law degree in the United States is the Juris Doctor,[27] most J.D. holders in the United States do not use the title "doctor".[28] It is, however, common for lawyers in the United States to use the honorific suffix "Esq." (for "Esquire").

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). In Poland, the title Mecenas is used to refer to advocates and attorneys at law,[29] although as an informal title its status is not protected by law.[30][31]

In South Africa and India, lawyers who have been admitted to the bar may use the title "Advocate", abbreviated to "Adv" in written correspondence. Lawyers who have completed two years of clerkship with a principal Attorney and passed all four board exams may be admitted as an "Attorney". Likewise, Italian law graduates who have qualified for the bar use the title "Avvocato", abbreviated in "Avv."

Responsibilities

[edit]

Oral Arguments in a Courtroom

[edit]
Oral arguments being made before the New York Court of Appeals

Some lawyers, particularly barristers and advocates, argue the legal cases of clients case before a judge or jury in a court of law.[32][33]

In some jurisdictions, there are specialist lawyers who have exclusive rights of audience before a court.[34] In others, particularly fused legal jurisdictions, there are lawyers who specialize in courtroom advocacy but who do not have a legal monopoly over the profession.

In some countries, litigants have the option of arguing on their own behalf.[35] In other countries, like Venezuela, no one may appear before a judge unless represented by a lawyer.[36] The advantage of the latter regime is that lawyers are familiar with the court's customs and procedures, making 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.[37][38]

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 split common law jurisdictions, 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.[39] The barrister then researches and drafts the necessary court pleadings, which will be filed and served by the solicitor, and orally argues the case.[40]

In Spanish civil law, the procurator merely signs and presents the papers to the court, but it is the advocate who drafts the papers and argues the case.[41] In other civil law jurisdictions, 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.[42]

Advocacy 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).[43] 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.[44]

Client intake and counseling

[edit]

In some fused common law jurisdictions, the client-lawyer relationship begins with an intake interview where the lawyer gets to know the client personally, following which the lawyer discovers the facts of the client's case, clarifies what the client wants to accomplish, and 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.[45][46]

In England, only solicitors were traditionally in direct contact with the client,[47][needs update] but barristers nowadays may apply for rights to liaise with clients directly. The solicitor retained a barrister if one was necessary and acted as an intermediary between the barrister and the client.[48] 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.[49][50]

[edit]

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 some jurisdictions, only a properly licensed lawyer may provide legal advice to clients for good consideration, even if no lawsuit is contemplated or is in progress.[51][52][53] In these jurisdictions, 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. Some jurisdictions have made the violation of such a rule the crime of unauthorized practice of law.[54]

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.[55][56] Some countries go further; in England and Wales, there is no general prohibition on the giving of legal advice.[57] Singapore does not have any admission requirements for in-house counsel.[58] Sometimes civil law notaries are allowed to give legal advice, as in Belgium.[59]

In many countries, non-jurist accountants may provide what is technically legal advice in tax and accounting matters.[60]

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.[42][61]

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.[62] In others, jurists or notaries may negotiate or draft contracts.[63]

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.[64] Historically, conveyancing accounted for about half of English solicitors' income, though this has since changed,[65] and a 1978 study showed that conveyancing "accounts for as much as 80 percent of solicitor-client contact in New South Wales."[66] In most common law jurisdictions outside of the United States, this monopoly arose from an 1804 law[67] 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.[68]

In others, the use of a lawyer is optional and banks, title companies, or realtors may be used instead.[69] In some civil law jurisdictions, real estate transactions are handled by civil law notaries.[70] In England and Wales, a special class of legal professionals–the licensed conveyancer–is also allowed to carry out conveyancing services for reward.[71]

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.[63]

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.[72] In common law countries, prosecutors are usually lawyers holding regular licenses who work for the government office that files criminal charges against suspects. Criminal defense lawyers specialize in the defense of those charged with any crimes.[73]

Education and training

[edit]
Law Faculty of Comenius University in Bratislava (Slovakia)

The educational prerequisites for becoming a lawyer vary greatly across countries. In some countries, law is an undergraduate degree culminating in a bachelors or master's degree in law. In some of these jurisdictions, it is common or even required for students to earn another bachelor's degree at the same time.[74][75] Where law is taught as an undergraduate degree, legal training after law school may comprise advanced examinations, apprenticeships, and additional coursework at special government institutes. For example, in many English common law jurisdictions, individuals with a law degree have to undergo further education and professional training before qualifying as a lawyer, such as the Bar Professional Training Course.[76]

In other jurisdictions, particularly the United States and Canada, law is taught at the graduate level following the completion of an unrelated bachelor's degree.[77][78] In America, the American Bar Association decides which law schools to approve for the purposes of admission to the bar.[79] Law schools in the United States and Canada award graduating students a J.D. (Juris Doctor) as a professional law degree.[80] 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.[81]

The methods and quality of legal education vary widely. Some countries require extensive clinical training in the form of apprenticeships or special clinical courses.[82] Others, like Venezuela, do not.[83] 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).[84][85] Many others focus on theoretical aspects of law, leaving the professional and practical training of lawyers to apprenticeship and employment contexts.[86][87][88]

Some countries, particularly industrialized ones, have a traditional preference for full-time law programs,[89] while in developing countries, students often work full- or part-time to pay the tuition and fees of their part-time law programs.[90][91] 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 commitment, a concomitant scarcity of full-time law professors),[92][93] incompetent faculty with underqualified credentials,[94] and textbooks that lag behind the current state of the law.[92][95]

Earning the right to practice law

[edit]
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.[96] Mexico allows anyone with a law degree to practice law.[97] 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.[96][98][99]

Some countries require a formal apprenticeship with an experienced practitioner, while others do not.[100] 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.[101]

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 and 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.[102] 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.[103] 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.[104]

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.[105] After one earns a law degree, career mobility may be severely constrained.[106] For example, unlike their Anglo-American counterparts,[107] it is difficult for German judges to leave the bench and become advocates in private practice.[108] Another interesting example is France, where for much of the 20th century, all judiciary officials were graduates of an elite professional school for judges.[109]

In a few civil law countries, such as Sweden,[110] 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.[111] In others, there has been a tendency since the start of the 20th century for lawyers to specialize early in their careers.[112][113] 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.[114][115]

Organizations

[edit]

Lawyers in private practice generally work in specialized businesses known as law firms,[116] 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.[117] The United States,[118] United Kingdom and Australia are exceptions, 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 generally self-employed.[119] 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.

Some large businesses employ their own legal staff in a legal department.[120] Other organizations buy in legal services from outside companies.[121]

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[122] or the Ministry of Justice[123] 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.[124] 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.[125] In civil law countries, comparable organizations are known as Orders of Advocates,[126] Chambers of Advocates,[127] Colleges of Advocates,[128] Faculties of Advocates,[129] or similar names. Generally, a nonmember caught practicing law may be liable for the crime of unauthorized practice of law.[130]

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 can be seen in countries including New Zealand, Japan, and Belgium.[131] Others, especially those with federal governments, tend to regulate lawyers at the state or provincial level; this is the case in the United States,[132] Canada,[133] Australia,[134] and Switzerland,[135] to name a few. Brazil is the most well-known federal government that regulates lawyers at the national level.[136]

Some countries, like Italy, regulate lawyers at the regional level,[137] 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).[138] 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.[139]

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,[140] and similarly, American citizenship and residency requirements were struck down as unconstitutional by the U.S. Supreme Court in 1973 and 1985, respectively.[141] The European Court of Justice made similar decisions in 1974 and 1977 striking down citizenship restrictions in Belgium and France.[142]

Regulation of 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),[143] 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.[144] 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.[123] 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.[145][146]

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.[147][148] 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.[149]

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.[150] 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.[151] 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.[152] In some jurisdictions, mechanisms have been astonishingly ineffective, and penalties have been light or nonexistent.[153][154][155]

Voluntary associations

[edit]

Voluntary lawyer associations may exist at all geographic levels from the provincial to the global.[97][156] Some associations are termed voluntary bar associations.[157] In some countries, lawyers have also formed trade unions.[158]

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.[159] Complaints about too many lawyers were common in both England and the United States in the 1840s,[160][161] Germany in the 1910s,[162] and in Australia,[163] Canada,[164] the United States,[165][166][167] and Scotland[168] in the 1980s.

Public distrust of lawyers reached record heights in the United States after the Watergate scandal.[167][169] 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.[170] Lawyer jokes also soared in popularity in English-speaking North America as a result of Watergate.[171]

In Adventures in Law and Justice, 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"[172] with a quote from Ambrose Bierce's satirical The Devil's Dictionary that summarized the noun as: "LAWYER, n. One skilled in circumvention of the law."[173]

More generally, in Legal Ethics: A Comparative Study, 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.[174] 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.[175]

Some studies have shown that suicide rates among lawyers in certain jurisdictions 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.[176][177] Additionally, lawyers are twice as likely to suffer from addiction to alcohol and other drugs.[178]

Compensation

[edit]
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.[179][180][181][182] 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,[183] a contingency fee,[184] or a lump sum payment. 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 clients get worse outcomes.[185][186] 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,[187] 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.[188] In many countries, with the notable exception of Germany,[189] 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").[190] Traditionally such work was performed on behalf of the poor, but in some countries it has now expanded to many other causes such as environmental law.

In some countries, there are legal aid lawyers who specialize in providing legal services to the indigent.[191][192] 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.[193] A similar system, though not as extensive or generous, operates in Australia, Canada, and South Africa.[194]

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. 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.[195] In Germany, mandatory fee structures have enabled widespread implementation of affordable legal expense insurance.[196]

History

[edit]
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. 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.[197] However, around the middle of the fourth century, the Athenians disposed of the perfunctory request for a friend.[198] 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.[199] 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.[200] If one narrows the definition of lawyers to people who could practice the legal profession openly and legally, then the first lawyers would be the orators of ancient Rome.[201]

Ancient Rome

[edit]

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

Like their Greek contemporaries, early Roman advocates were trained in rhetoric, not law, and the judges before whom they argued were also not legally trained.[205] But very early on, unlike Athens, Rome developed a class of specialists who were learned in the law, known as jurisconsults (iuris consulti).[206] Jurisconsults were wealthy amateurs who dabbled in law as an intellectual hobby; they did not make their primary living from it.[206] They gave legal opinions (responsa) on legal issues to all comers (a practice known as publice respondere).[207] 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.[206] 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 developed in a systematic and technical way.[206]

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.[208] 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.[209] The centralization and bureaucratization of the profession was apparently gradual at first, but accelerated during the reign of Emperor Hadrian.[210] At the same time, the jurisconsults went into decline during the imperial period.[211]

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 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][227] 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]

See also

[edit]

Notes

[edit]
  1. ^ She is wearing the ceremonial robes of a King's Counsel.

References

[edit]
  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. ^ Bastard, 299, and Hazard, 45.
  5. ^ 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.
  6. ^ 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.
  7. ^ 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.
  8. ^ 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.
  9. ^ a b "THE ADVOCATES ACT, 1961" (PDF). Bar Council of India. 1961. Archived from the original (PDF) on 19 Aug 2008. Retrieved 1 May 2023.
  10. ^ "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.
  11. ^ Walter O. Weyrauch, The Personality of Lawyers (New Haven: Yale University Press, 1964), 27.
  12. ^ 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.
  13. ^ 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.
  14. ^ Merryman, 105.
  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.
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  44. ^ 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).
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