A lawyer is a person who is qualified to offer advice about the law, draft legal documents, and 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.Henry Campbell Black, Black's Law Dictionary, 5th ed. (St. Paul: West Publishing Co., 1979), 799.
Historically, the role of lawyers can be traced back to ancient civilizations such as Greece and Rome.
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.Geoffrey C. Hazard, Jr. & Angelo Dondi, Legal Ethics: A Comparative Study (Stanford: Stanford University Press, 2004, ), 20–23.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.
Terminology Some jurisdictions have multiple types of lawyers, while others only have two or one.
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.Documents from Medieval and Early Modern England from the National Archives in London. Publications of the Selden_Society include a Year Books series and other volumes transcribing and translating the original manuscripts of early common law cases and law reports, each volume having its editor's scholarly introduction. Publications of the Selden Society One history of the law before the Norman Conquest is Pollock and Maitland, The History of English Law before the Time of Edward_I, .
Several countries that originally had two or more legal professions have since fused or united their professions into a single type of lawyer.Bastard, 299, and Hazard, 45.Harry W. Arthurs, Richard Weisman, and Frederick H. Zemans, "Canadian Lawyers: A Peculiar Professionalism", in Lawyers in Society: The Common Law World, vol. 1, eds. Richard L. Abel and Philip S.C. Lewis, 123–185 (Berkeley: University of California Press, 1988), 124.David Weisbrot, "The Australian Legal Profession: From Provincial Family Firms to Multinationals", in Lawyers in Society: The Common Law World, vol. 1, eds. Richard L. Abel and Philip S.C. Lewis, 244–317 (Berkeley: University of California Press, 1988), 250.Georgina Murray, "New Zealand Lawyers: From Colonial GPs to the Servants of Capital", in Lawyers in Society: The Common Law World, vol. 1, eds. Richard L. Abel and Philip S.C. Lewis, 318–368 (Berkeley: University of California Press, 1988), 324. 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.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. 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.
Civil law jurisdictions do not have "lawyers" in the American sense, insofar as that term is used in American English to refer to a single unified type of general-purpose legal services provider. 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.Jon T. Johnsen, "The Professionalization of Legal Counseling in Norway", in Lawyers in Society: The Civil Law World, vol. 2, eds. Richard L. Abel and Philip S.C. Lewis, 54–123 (Berkeley: University of California Press, 1988), 91.Kahei Rokumoto, "The Present State of Japanese Practicing Attorneys: On the Way to Full Professionalization?" in Lawyers in Society: The Civil Law World, vol. 2, eds. Richard L. Abel and Philip S.C. Lewis, 160–199 (Berkeley: University of California Press, 1988), 164.Merryman, 105. In some civil law countries, a similar distinction to the common law tradition exists between advocates and procurators.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.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.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.
In the United States, Sri Lanka, and the Philippines, the preferred term for one practising law, "attorney at law" (sometimes spelled "attorney-at-law"), usually is abbreviated in everyday speech to "attorney". This term has its roots in the verb to attorn, meaning to transfer one's rights and obligations to another. South Africa only applies this term for certain practitioners.
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.Hazard, 21–33. Other kinds of legal practitioners include:
Patent attorneys Trademark attorneys Conveyancers NotariesRichard L. Abel, "Lawyers in the Civil Law World", in Lawyers in Society: The Civil Law World, vol. 2, eds. Richard L. Abel and Philip S.C. Lewis, 1–53 (Berkeley: University of California Press, 1988), 4.Merryman, 105–109. Scriveners Legal executives
While some jurisdictions regulate the use of the title "lawyer", others do not.Carl W. Battle, The Patent Guide: A Friendly Guide to Protecting and Profiting from Patents (New York: Allworth Press, 1997), 49.David G. Cooper and Michael J. Gibson, Introduction to Paralegal Studies, 2nd ed.(Clifton Park: Thomson Delmar Learning, 1998), 4.
Titles
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.Herbermann, et al. (1915). Catholic Encyclopedia . New York: Encyclopedia Press. Accessed May 26, 2008. García y García, A. (1992). "The Faculties of Law ", A History of the University in Europe, London: Cambridge University Press. Accessed May 26, 2008. Therefore, in many southern European countries, including Portugal, Italy, and Malta, lawyers have traditionally been addressed as "doctor", a practice that 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.Regio Decreto 4 giugno 1938, n.1269 , Art. 48. . Accessed February 10, 2009.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 . Florida Bar Association, July 1, 2006.
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.Stein, R. (1981). The Path of Legal Education from Edward to Langdell: A History of Insular Reaction , Pace University School of Law Faculty Publications, 1981, 57 Chi.-Kent L. Rev. 429, pp. 430, 432, 434, 436 Although the most common law degree in the United States is the Juris Doctor,Association of American Universities Data Exchange. Glossary of Terms for Graduate Education . Accessed May 26, 2008; National Science Foundation (2006). NSF.gov "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). . 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 . 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" . 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). most J.D. holders in the United States do not use the title "doctor".American Bar Association. Model Code of Professional Responsibility , Disciplinary Rule 2–102(E). Cornell University Law School, LLI. Accessed February 10, 2009. Peter H. Geraghty. Abanet.org 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 , abbreviated to (in French) or , abbreviated to (in Dutch). In Poland, the title is used to refer to advocates and attorneys at law, although as an informal title its status is not protected by law.
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 Oral arguments in a courtroom
Some lawyers, particularly barristers and advocates, argue the legal cases of clients case before a judge or jury in a court of law.Hazard, 30–32.