A lawyer or attorney is a person who Practice of law, as an advocate, wikt:attorney, attorney at law, barrister, barrister-at-law, bar-at-law, canonist, canon lawyer, civil law notary, counsel, counselor, counsellor, solicitor, legal executive, or public servant preparing, interpreting and applying law, but not as a paralegal or charter executive secretary.
[Henry Campbell Black, ''Black's Law Dictionary'', 5th ed. (Saint Paul, Minnesota: Thomson West, 1979), 799.] Working as a lawyer involves the practical application of abstract legal theories and knowledge to solve specific individualized problems, or to advance the interests of those who hire lawyers to perform legal services.
The role of the lawyer varies greatly across legal jurisdictions, and so it can be treated here in only the most general terms.
[Geoffrey C. Hazard, Jr. & Angelo Dondi, ''Legal Ethics: A Comparative Study'' (Stanford, California: 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.]
In practice, legal jurisdictions exercise their right to determine who is recognized as being a lawyer. As a result, the meaning of the term "lawyer" may vary from place to place. Some jurisdictions have two types of lawyers, barrister
, whilst others fuse the two. A barrister is a lawyer who specializes in higher court appearances. A solicitor is a lawyer who is trained to prepare cases and give advice on legal subjects and can represent people in lower courts. Both barristers and solicitors have gone through law school, completed the requisite practical training. However, in jurisdictions where there is a split-profession, only barristers are admitted as members of their respective bar association.
- In Australia, the word "lawyer" can be used to refer to both barristers and solicitors (whether in private practice or practicing as corporate in-house counsel), and whoever is admitted as a lawyer of the Supreme Court of a state or territory.
- In Canada, the word "lawyer" only refers to individuals who have been called to the bar or, in Quebec, have qualified as civil law notaries. Common law lawyers in Canada are formally and properly called "barristers and solicitors", but should not be referred to as "attorneys", since that term has a different meaning in Canadian usage, being a person appointed under a power of attorney. However, in Quebec, civil law advocates (or ''avocats'' in French language) often call themselves "attorney" and sometimes "barrister and solicitor" in English, and all lawyers in Quebec, or lawyers in the rest of Canada when practicing in French, are addressed with the honorific title, "Me." or "Maître".
- In England and Wales, "lawyer" is used to refer to persons who provide reserved and unreserved legal activities and includes practitioners such as barristers, Attorney at laws, solicitors, registered foreign lawyers, patent attorneys, trade mark attorneys, licensed conveyancers, public notaries, commissioners for oaths, immigration advisers and claims management services. The Legal Services Act 2007 defines the ''"legal activities"'' that may only be performed by a person who is entitled to do so pursuant to the Act. 'Lawyer' is not a protected title.
- In Pakistan, the term "Advocate" is used instead of lawyer in The Legal Practitioners and Bar Councils Act, 1973.
*In India, the term "lawyer" is often commonly used, but the official term is "Advocate#Advocates in India" as prescribed under the Advocates Act, 1961.
[[http://barcouncilofindia.nic.in/disk1/196125.pdf Advocates Act, 1961] , s. 2.]
- In Scotland, the word "lawyer" refers to a more specific group of legally trained people. It specifically includes Advocate#Advocates in Scotland and Solicitor#Scotland. In a generic sense, it may also include judges and law-trained support staff.
- In the United States, the term generally refers to Attorneys in the United States who may Practice of law. It is never used to refer to patent agents
[Carl W. Battle, ''The Patent Guide: A Friendly Guide to Protecting and Profiting from Patents'' (New York: Allworth Press, 1997), 49.] or paralegals. [David G. Cooper and Michael J. Gibson, ''Introduction to Paralegal Studies'', 2nd ed.(Clifton Park: Thomson Delmar Learning, 1998), 4.] In fact, there are statutory and regulatory restrictions on non-lawyers like paralegals practicing law.
- Other nations tend to have comparable terms for the analogous concept.
In most countries, particularly Civil law (legal system)
countries, there has been a tradition of giving many legal tasks to a variety of civil law notary
, clerks, and scrivener
[Richard Abel (lawyer), "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, California: University of California Press, 1988), 4.] [Merryman, 105–109.]
These countries do not have "lawyers" in the American sense, insofar as that term refers to a single type of general-purpose legal services provider;
[Walter O. Reyrauch, ''The Personality of Lawyers'' (New Haven: Yale University Press, 1964), 27.]
rather, their legal professions consist of a large number of different kinds of law-trained persons, known as jurist
s, some of whom are Advocate
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.]
It is difficult to formulate accurate generalizations that cover all the countries with multiple legal professions, because each country has traditionally had its own peculiar method of dividing up legal work among all its different types of legal professionals.
Notably, England, the mother of the common law jurisdictions, emerged from the Middle Ages with similar complexity in its legal professions, but then evolved by the 19th century to a single division between barristers and solicitors. An equivalent division developed between advocates and procurators in some civil law countries; these two types did not always monopolize the practice of law, in that they coexisted with civil law notaries.
[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.]
Several countries that originally had two or more legal professions have since Fused profession 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.
Oral argument in the courts
Arguing a client's case before a judge
in a court of law is the traditional province of the barrister in England, and of advocates in some civil law jurisdictions.
However, the boundary between barristers and solicitors has evolved. In England today, the barrister monopoly law
covers only appellate courts, and barristers must compete directly with solicitors in many trial courts.
[Richard L. Abel, ''The Legal Profession in England and Wales'' (London: Basil Blackwell, 1989), 116.]
In countries like the United States, that have fused legal professions, there are trial lawyers who specialize in trying cases in court, but trial lawyers do not have a legal monopoly
like barristers. In some countries, litigants have the option of arguing ''pro se
'', or on their own behalf. It is common for litigants to appear unrepresented before certain courts like small claims court
s; indeed, many such courts do not allow lawyers to speak for their clients, in an effort to save money for all participants in a small case.
[See, e.g., [http://caselaw.lp.findlaw.com/cacodes/ccp/116.510-116.570.html Cal. Code. Civ. Proc. § 116.530] (preventing attorneys from appearing in small claims court except as parties or witnesses).]
In other countries, like Venezuela, no one may appear before a judge unless represented by a lawyer.
[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.]
The advantage of the latter regime is that lawyers are familiar with the court's customs and procedures, and make the legal system more efficient for all involved. Unrepresented parties often damage their own credibility or slow the court down as a result of their inexperience.
[Gordon Kent, "Lawyerless Litigants: Is Justice Being Served?" ''Edmonton Journal'', 27 January 2002, A1.] [Alan Feuer, "Lawyering by Laymen: More Litigants Are Taking a Do-It-Yourself Tack," ''The New York Times'', 22 January 2001, B1.]
Research and drafting of court papers
Often, lawyers brief a court in writing on the issues in a case before the issues can be orally argued. They may have to perform extensive research into relevant facts. Also, they are drafting legal papers and preparing for an oral argument.
In England, the usual division of labor is that a solicitor will obtain the facts of the case from the client and then brief a barrister (usually in writing).
[Fiona Boyle, Deveral Capps, Philip Plowden, Clare Sandford, ''A Practical Guide to Lawyering Skills'', 3rd ed. (London: Cavendish Publishing, 2005), 47–50.] The barrister then researches and drafts the necessary court pleadings (which will be filed and served by the solicitor) and orally argues the case. [See Abel, ''England and Wales'', 56 and 141.]
In Spain, the procurator merely signs and presents the papers to the court, but it is the advocate who drafts the papers and argues the case.
In some countries, like Japan, a scrivener or clerk may fill out court forms and draft simple papers for lay persons who cannot afford or do not need attorneys, and advise them on how to manage and argue their own cases.
Advocacy (written and oral) in administrative hearings
In most developed countries, the legislature has granted original jurisdiction
over highly technical matters to executive branch
administrative agencies which oversee such things. As a result, some lawyers have become specialists in administrative law
. In a few countries, there is a special category of jurists with a monopoly over this form of advocacy; for example, France formerly had ''conseils juridiques'' (who were merged into the main legal profession in 1991).
[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.]
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.
[Richard L. Abel, ''American Lawyers'' (New York: Oxford University Press, 1989), 132. See, e.g., ''Hines v. Lowrey'', (upholding limitation on attorneys' fees in veterans' benefits cases to $10); ''Walters v. National Ass'n of Radiation Survivors'', (same).]
Client intake and counseling (with regard to pending litigation)
An important aspect of a lawyer's job is developing and managing relationships with clients (or the client's employees, if the lawyer works in-house for a government or corporation). The client-lawyer relationship is explained in six steps. First, the relationship begins with an intake interview where the lawyer gets to know the client personally. Second step is discovering the facts of the client's case. Thirdly is clarifying what the client wants to accomplish. The fourth step is where the lawyer shapes the client's expectations as to what actually can be accomplished. The second to last step, begins to develop various claims or defenses for the client. Lastly, the lawyer explains her or his fees to the client.
[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.] [John H. Freeman, ''Client Management for Solicitors'' (London: Cavendish Publishing Ltd., 1997), 266–274.]
In England, only solicitors were traditionally in direct contact with the client.
[Abel, ''England and Wales'', 1 and 141.] The solicitor retained a barrister if one was necessary and acted as an intermediary between the barrister and the client. [J. R. Spencer and R. M. Jackson, ''Jackson's Machinery of Justice'', 8th ed. (Cambridge: Cambridge University Press, 1989), 336.] 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. [R.E. Megarry, ''Lawyer and Litigant in England'' (London: Stevens and Sons, 1962), 32.] [Maureen Paton, "Cab-rank exits," ''The Times'', 9 October 2001, 1. This brief article explains the uneasy tension between solicitors and barristers, and the loopholes that have developed. For example, a barrister need not accept a case if the fee is too low or the barrister is just too busy.]
Legal advice is the application of abstract principles of law to the concrete facts of the client's case in order to advise the client about what they should do next. In many countries, only a properly licensed lawyer may provide legal advice to clients for good consideration
, even if no lawsuit
is contemplated or is in progress.
[Arthurs, 125; Johnsen, 74; and Pérez-Perdomo, "Venezuelan Legal Profession," 387.] [Erhard Blankenburg and Ulrike Schultz, "German Advocates: A Highly Regulated Profession," in ''Lawyers in Society: The Civil Law World'', vol. 2, eds. Richard L. Abel and Philip S.C. Lewis, 124–159 (Berkeley: University of California Press, 1988), 124.] [Joaquim 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.]
Therefore, even conveyancer
and corporate in-house counsel must first get a license to practice, though they may actually spend very little of their careers in court. Failure to obey such a rule is the crime of unauthorized practice of law
[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.]
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.
[Abel, ''England and Wales'', 185; Bastard, 318.] [Kees Schuyt, "The Rise of Lawyers in the Dutch Welfare State," in ''Lawyers in Society: The Civil Law World'', vol. 2, eds. Richard L. Abel and Philip S.C. Lewis, 200–224 (Berkeley: University of California Press, 1988), 201.] Some countries go further; in England and Wales, there is ''no'' general prohibition on the giving of legal advice. [Stephen J. McGarry, ''Multidisciplinary Practices and Partnerships: Lawyers, Consultants, and Clients'', § 1.06 (New York: Law Journal Press, 2002), 1–29.] Sometimes civil law notaries are allowed to give legal advice, as in Belgium. [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.]
In many countries, non-jurist accountants may provide what is technically legal advice in tax and accounting matters.
[Murray, 325; and Rokumoto, 164.]
Protecting intellectual property
In virtually all countries, patent
s, Industrial design rights
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.
[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. & Pol'y 781, 783–790 (2001).]
Negotiating and drafting contracts
In some countries, the negotiating and drafting of contracts is considered to be similar to the provision of legal advice, so that it is subject to the licensing requirement explained above.
[Arthurs, 125; and Pérez-Perdomo, "Venezuelan Legal Profession," 387.]
In others, jurists or notaries may negotiate or draft contracts.
Lawyers in some civil law countries traditionally deprecated "transactional law" or "business law" as beneath them. French law firms developed transactional departments only in the 1990s when they started to lose business to international firms based in the United States and the United Kingdom (where solicitors have always done transactional work).
[Boigeol, "The Rise of Lawyers," 206.]
Conveyancing is the drafting of the documents necessary for the transfer of real property
, such as deed
s and mortgage law
. In some jurisdictions, all real estate
transactions must be carried out by a lawyer (or a solicitor where that distinction still exists).
[Abel, ''England and Wales'', 176; Hazard, 90–93; Murray, 325; and Pérez-Perdomo, "Venezuelan Legal Profession," 387.]
Such a monopoly is quite valuable from the lawyer's point of view; historically, conveyancing accounted for about half of English solicitors' income (though this has since changed),
[Abel, ''England and Wales'', 177.]
and a 1978 study showed that conveyancing "accounts for as much as 80 percent of solicitor-client contact in New South Wales
In most common law jurisdictions outside of the United States, this monopoly arose from an 1804 law
[s. 14 Stamp Act 1804]
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.
[Brian Abel-Smith and Robert Stevens, ''Lawyers and the Courts: A Sociological Study of the English Legal System, 1750–1965'' (Cambridge, Massachusetts: Harvard University Press, 1967), 23.]
In others, the use of a lawyer is optional and banks, title companies, or realtors may be used instead.
[Weisbrot, 251.] In some civil law jurisdictions, real estate transactions are handled by civil law notaries. [Arthurs, 125; Huyse, 227; and Schuyt, 201.] In England and Wales a special class of legal professional–the licensed conveyancer–is also allowed to carry out conveyancing services for reward. [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.]
Carrying out the intent of the deceased
In many countries, only lawyers have the legal authority to draft Will (law)
, Trust law
, 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.
In the United States, the estates of the deceased must generally be administered by a court through probate. American lawyers have a profitable monopoly on dispensing advice about probate law (which has been heavily criticized).
[Ralph Warner & Stephen Elias, ''Fed Up with the Legal System: What's Wrong & How to Fix It'' (Berkeley: Nolo Press, 1994), 11.]
Prosecution and defense of criminal suspects
In many civil law countries, prosecutor
s 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.
[Hazard, 34–35; Huyse, 227; Merryman, 105, and Schuyt, 201.]
In common law countries, prosecutors are usually lawyers holding regular licenses who simply happen to work for the government office that files criminal charges against suspects. Criminal defense lawyer
s specialize in the defense of those charged with any crimes.
[Larry J. Siegel and Joseph J. Senna, ''Introduction to Criminal Justice'', 10th ed. (Belmont, California: Thomson Wadsworth, 2005), 311–325.]
The educational prerequisites for becoming a lawyer vary greatly from country to country. In some countries, law is taught by a faculty of law
, which is a department of a university's general undergraduate college.
[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.]
Law students in those countries pursue a Master of Laws
or Bachelor of Laws
degree. In some countries it is common or even required for students to earn another bachelor's degree at the same time. It is often followed by a series of advanced examinations, apprenticeships, and additional coursework at special government institutes.
[Abel, ''England and Wales'', 45–59; Rokumoto, 165; and Schuyt, 204.]
In other countries, particularly the UK and Admission to the bar in the United States, law is primarily taught at law schools.
the Bar Professional Training Course (BPTC) must be taken to have the right to work and be named as a barrister. Students who decide to pursue a non-law subject at degree level can instead study the Common Professional Examination (GDL) after their degrees, before beginning the Legal Practice Course (LPC) or BPTC. In the United States [Wayne L. Anderson and Marilyn J. Headrick, ''The Legal Profession: Is it for you?'' (Cincinnati: Thomson Executive Press, 1996), 52–53.] and countries following the American model, (such as Canada [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.] with the exception of the province of Quebec) law schools are graduate/professional schools where a bachelor's degree is a prerequisite for admission. Most law schools are part of universities but a few are independent institutions. Law schools in the United States and Canada (with the exception of McGill University) award graduating students a J.D. (Juris Doctor/Doctor of Jurisprudence) (as opposed to the Bachelor of Laws) as the practitioner's law degree. Many schools also offer post-doctoral law degrees such as the LL.M (Legum Magister/Master of Laws), or the S.J.D. (Scientiae Juridicae Doctor/Doctor of Juridical Science) for students interested in advancing their research knowledge and credentials in a specific area of law. [Christen Civiletto Carey and Kristen David Adams, ''The Practice of Law School: Getting In and Making the Most of Your Legal Education'' (New York: ALM Publishing, 2003), 525.]
The methods and quality of legal education vary widely. Some countries require extensive clinical training in the form of apprenticeships or special clinical courses.
[Hazard, 127–129; Merryman, 103; and Olgiati, 345.] Others, like Venezuela, do not. [Pérez-Perdomo, "Venezuelan Legal Profession," 384.] 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). [Robert H. Miller, ''Law School Confidential: A Complete Guide to the Law School Experience, By Students, for Students'' (New York: St. Martin's Griffin, 2000), 25–27.] [Anderson, 4–10.] Many others have only lectures on highly abstract legal doctrines, which forces young lawyers to figure out how to actually think and write like a lawyer at their first apprenticeship (or job). [Blankenburg, 132; Friedman and Pérez-Perdomo, 6; Hazard, 124–128; and Olgiati, 345.] [Sergio Lopez-Ayllon and Hector Fix-Figaro, " '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.] [Herbert Hausmaninger, "Austrian Legal Education," 43 S. Tex. L. Rev. 387, 388 and 400 (2002).] Depending upon the country, a typical class size could range from five students in a seminar to five hundred in a giant lecture room. In the United States, law schools maintain small class sizes, and as such, grant admissions on a more limited and competitive basis. [Miller, 42–60.]
Some countries, particularly industrialized ones, have a traditional preference for full-time law programs,
[Abel, ''American Lawyers'', 57; Miller, 25; and Murray, 337.]
while in developing countries, students often work full- or part-time to pay the tuition and fees of their part-time law programs.
[Falcão, 410.] [J.S. Gandhi, "Past and Present: A Sociological Portrait of the Indian Legal Profession," in ''Lawyers in Society: The Common Law World'', vol. 1, eds. Richard L. Abel and Philip S.C. Lewis, 369–382 (Berkeley: University of California Press, 1988), 375.]
Law schools in developing countries share several common problems, such as an over reliance on practicing judges and lawyers who treat teaching as a part-time hobby (and a concomitant scarcity of full-time law professors);
[Lopez-Ayllon, 324.] [Eliane Botelho Junqueira, "Brazil: The Road of Conflict Bound for Total Justice," in ''Legal Culture in the Age of Globalization: Latin America and Latin Europe'', eds. Lawrence M. Friedman and Rogelio Pérez-Perdomo, 64–107 (Stanford: Stanford University Press, 2003), 89.]
incompetent faculty with questionable credentials;
and textbooks that lag behind the current state of the law by two or three decades.
[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.]
Earning the right to practice law
Some jurisdictions grant a "diploma privilege
" to certain institutions, so that merely earning a degree or credential from those institutions is the primary qualification for practicing law.
[Abel, ''American Lawyers'', 62.] Mexico
allows anyone with a law degree to practice law.
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.
[Hazard, 127, 129, & 133; Miller, 335–341.] [Alan A. Paterson, "The Legal Profession in Scotland: An Endangered Species or a Problem Case for Market Theory?" in ''Lawyers in Society: The Common Law World'', vol. 1, eds. Richard L. Abel and Philip S.C. Lewis, 76–122 (Berkeley: University of California Press, 1988), 89.]
In a handful of U.S. state
s, 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).
[G. Jeffrey MacDonald, "The self-made lawyer: Not every attorney goes to law school," ''The Christian Science Monitor'', 3 June 2003, 13.]
Some countries require a formal apprenticeship with an experienced practitioner, while others do not.
[Hazard, 129 & 133.]
For example, a few jurisdictions still allow an apprenticeship in place of any kind of formal legal education (though the number of persons who actually become lawyers that way is increasingly rare).
The career structure of lawyers varies widely from one country to the next.
Common law/civil law
In most common law
countries, especially those with fused professions, lawyers have many options over the course of their careers. Besides private practice, they can become a prosecutor
, government counsel, corporate in-house counsel, administrative law judge
, or law professor
[Abel, ''American Lawyers'', 167–175; Abel, ''England and Wales'', 214; Arthurs, 131; Gandhi, 374; Merryman, 102, and Weisbrot, 277.]
There are also many non-legal jobs for which legal training is good preparation, such as politician
, corporate executive
, government administrator, investment banker
, or journalist
In developing countries like India, a large majority of law students never actually practice, but simply use their law degree as a foundation for careers in other fields.
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.
[In general, see, Legomsky, Stephen H. (1990) ''Specialized Justice: Courts, Administrative Tribunals, and a Cross-National Theory of Specialization'' Oxford University Press, New York, ]
After one earns a law degree, career mobility may be severely constrained.
For example, unlike their American counterparts,
[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, "Margaret 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.]
it is difficult for German judges to leave the bench and become advocates in private practice.
Another interesting example is France, where for much of the 20th century, all judiciary officials were graduates of an elite professional school for judges. Although the French judiciary has begun experimenting with the Anglo-American model of appointing judges from accomplished advocates, the few advocates who have actually joined the bench this way are looked down upon by their colleagues who have taken the traditional route to judicial office.
[Boigeol, "The Rise of Lawyers," 202.]
In a few civil law countries, such as Sweden,
[Bernard Michael Ortwein II, "The Swedish Legal System: An Introduction," 13 Ind. Int'l & Comp. L. Rev. 405, 440–445 (2003).]
the legal profession is ''not'' rigorously bifurcated and everyone within it can easily change roles and arenas.
In many countries, lawyers are general practitioners who represent clients in a broad field of legal matters.
[Hazard, 39–43; Olgiati, 353.]
In others, there has been a tendency since the start of the 20th century for lawyers to specialize early in their careers.
[Abel, ''American Lawyers'', 122.] [Michael H. Trotter, ''Profit and the Practice of Law: What's Happened to the Legal Profession'' (Athens, GA: University of Georgia Press, 1997), 50.]
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
[Herbert M. Kritzer, "The fracturing legal profession: the case of plaintiffs' personal injury lawyers," 8 Int'l J. Legal Prof. 225, 228–231 (2001).] [Information for lawyers - ''[http://abogadomartin.es/hurto/ Penalista para hurto]'']
Texas offers attorneys the opportunity to receive a board certification through the state's Texas Board of Legal Specialization
. To be board certified, attorney applicants undergo a rigorous examination in one of 24 areas of practice offered by the Texas Board of Legal Specialization. Only those attorneys who are "board certified" are permitted to use the word "specialize" in any publicly accessible materials such as a website or television commercial. See Texas Rule 7.02(a)(6).
[Texas Bar Rule 7.02(a)(6) - ''[https://www.texasbar.com/Content/NavigationMenu/ForLawyers/MembershipInformation/AdvertisingReview2/TDRPC_VII.pdf TexasBar.com]'']
Lawyers in private practice generally work in specialized business
es known as law firm
with the exception of English barristers. The vast majority of law firms worldwide are small business
es that range in size from 1 to 10 lawyers.
The United States, with its large number of firms with more than 50 lawyers, is an exception.
[Junqueira, 92. According to this source, as of 2003, there were 901 law firms with more than 50 lawyers in the United States.]
The United Kingdom and Australia are also exceptions, as the UK, Australia and the U.S. are now home to several firms with more than 1,000 lawyers after a wave of mergers in the late 1990s.
s in England, Wales, Northern Ireland and some states in Australia do ''not'' work in "law firms". Those who offer their services to members of the general public—as opposed to those working "in-house" — are required to be self-employed.
[Gary Slapper and David Kelly, ''The English Legal System'', 7th ed. (London: Cavendish Publishing Ltd., 2004), 550.]
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.
Professional associations and regulation
Mandatory licensing and membership in professional organizations
In some jurisdictions, either the judiciary
or the Ministry of Justice
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.
[Boigeol, “The French Bar,” 271; Merryman, 106, and Junqueira, 89.]
In the U.S., such associations are known as mandatory, integrated, or unified bar association
s. In the Commonwealth of Nations, similar organizations are known as Inns of Court
, bar council
s or law society
[Abel, ''England and Wales'', 127 and 243–249; Arthurs, 135; and Weisbrot, 279.]
In civil law countries, comparable organizations are known as Orders of Advocates,
[Bastard, 295; and Falcão, 401.]
Chambers of Advocates,
Colleges of Advocates,
Faculties of Advocates,
or similar names. Generally, a nonmember caught practicing law may be liable for the crime of unauthorized practice of law
In common law countries with divided legal professions, barristers traditionally belong to the bar council (or an Inn of Court) and solicitors belong to the law society. In the English-speaking world, the largest mandatory professional association of lawyers is the State Bar of California
, with 230,000 members.
Some countries admit and regulate lawyers at the national level, so that a lawyer, once licensed, can argue cases in any court in the land. This is common in small countries like New Zealand, Japan, and Belgium.
[Murray, 339; Rokumoto, 163; and Schuyt, 207.]
Others, especially those with federal governments, tend to regulate lawyers at the state or provincial level; this is the case in the United States,
[Abel, ''American Lawyers'', 116.]
to name a few. Brazil is the most well-known federal government that regulates lawyers at the national level.
Some countries, like Italy, regulate lawyers at the regional level,
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).
In Germany, lawyers are admitted to regional bars and may appear for clients before all courts nationwide with the exception of the Federal Court of Justice of Germany
(''Bundesgerichtshof'' or BGH); oddly, securing admission to the BGH's bar limits a lawyer's practice solely to the supreme federal courts and the Federal Constitutional Court of Germany
[Howard D. Fisher, ''The German Legal System and Legal Language'', 3rd ed. (London: Routledge Cavendish, 2002), 208–209.]
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,
[''Andrews v Law Society of British Columbia''  1 SCR 143.]
and similarly, American citizenship and residency requirements were struck down as unconstitutional by the U.S. Supreme Court
in 1973 and 1985, respectively.
[Abel, ''American Lawyers'', 68.]
The European Court of Justice
made similar decisions in 1974 and 1977 striking down citizenship restrictions in Belgium and France.
[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.]
Who regulates lawyers
A key difference among countries is whether lawyers should be regulated solely by an independent judiciary and its subordinate institutions (a self-regulating legal profession),
[For a classic explanation of the self-regulating legal profession, see the [http://www.abanet.org/cpr/mrpc/preamble.html Preamble] to the ABA Model Rules of Professional Conduct, ¶¶ 10–13.]
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.
[Abel, ''Civil Law World'', 10; Johnsen, 70; Olgiati, 339; and Rokumoto, 161.]
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.
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.
[Falcão, 423.] [Maria da Gloria Bonelli, "Lawyers' Associations and the Brazilian State, 1843–1997," 28 Law & Soc. Inquiry 1045, 1065 (2003).]
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.
[Kandis Scott, "Decollectivization and Democracy: Current Law Practice in Romania," 36 Geo. Wash. Int'l L. Rev. 817, 820. (2004).] [Timothy J. Tyler, "Judging the Past: Germany's Post-Unification Lawyers' Admissions Review Law," 29 Tex. Int'l L.J. 457, 472 (1994).]
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
[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.]
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).
[Abel, ''American Lawyers'', 142–143; Abel, ''England and Wales'', 29; and Arthurs, 148.]
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
[Arthurs, 138; and Weisbrot, 281.]
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.
[Abel, ''American Lawyers'', 246–247.]
Disciplinary mechanisms have been astonishingly ineffective, and penalties have been light or nonexistent.
[Abel, ''American Lawyers'', 147; Abel, ''England and Wales'', 135 and 250; Arthurs, 146; Hazard, 135; Paterson, 104; and Weisbrot, 284.] [Richard L. Abel, ''English Lawyers Between Market and State: The Politics of Professionalism'' (New York: Oxford University Press, 2003), 374–375.] [William T. Gallagher, "Ideologies of Professionalism and the Politics of Self-Regulation in the California State Bar," 22 Pepp. L. Rev. 485, 490–491 (1995).]
Lawyers are always free to form voluntary associations of their own, apart from any licensing or mandatory membership that may be required by the laws of their jurisdiction. Like their mandatory counterparts, such organizations may exist at all geographic levels.
[Abel, ''England and Wales'', 132–133.]
In American English, such associations are known as voluntary bar associations.
The largest voluntary professional association of lawyers in the English-speaking world is the American Bar Association
In some countries, like France
, lawyers have also formed trade union
[Boigeol, “The French Bar,” 274; and Olgiati, 344.]
Prejudices against lawyers
Hostility towards the legal profession is sometimes considered a widespread phenomenon. The legal profession was abolished in Prussia
in 1780 and in France in 1789, though both countries eventually realized that their judicial systems could not function efficiently without lawyers.
[Blankenburg, 126; and Boigeol, “The French Bar,” 272.]
Complaints about too many lawyers were common in both England and the United States in the 1840s,
[Abel, ''England and Wales'', 37.] [Gerald W. Gawalt, "Sources of Anti-Lawyer Sentiment in Massachusetts, 1740–1840," in ''Essays in Nineteenth-Century American Legal History'', ed. Wythe Holt, 624–648 (Westport, Connecticut: 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.]
Germany in the 1910s,
and in Australia,
the United States,
[Marc Galanter, "Predators and Parasites: Lawyer-Bashing and Civil Justice, " 28 Ga. L. Rev. 633, 644–648 (1994).] [Stephen D. Easton, "Fewer Lawyers? Try Getting Your Day in Court," ''Wall Street Journal'', 27 November 1984, 1. This article rebuts the common complaint of too many lawyers in the U.S. by pointing out that it is virtually impossible for a plaintiff to prevail in the vast majority of countries with less lawyers, like Japan, because there are simply not enough lawyers or judges to go around. Even wrongful death cases with clear evidence of fault can drag on for decades in Japan. Thus, any reduction in the number of lawyers would result in reduced enforcement of individual rights.] [Gerry Spence, ''With Justice For None: Destroying An American Myth'' (New York City: Times Books, 1989), 27–40]
in the 1980s.
Public distrust of lawyers reached record heights in the United States after the Watergate scandal
[Jerold Auerbach, ''Unequal Justice: Lawyers and Social Change in Modern America'' (New York: Oxford University Press, 1976), 301.]
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.
[For examples of legal self-help books written by lawyers which concede that the profession has a bad image, see Mark McCormack, ''The Terrible Truth About Lawyers'' (New York: Beech Tree Books, 1987), 11; Kenneth Menendez, ''Taming the Lawyers'' (Santa Monica, California, Merritt Publishing, 1996), 2; and Stuart Kahan and Robert M. Cavallo, ''Do I Really Need A Lawyer?'' (Radnor, Pennsylvania: Chilton Book Company, 1979), 2.]
Lawyer jokes (already a perennial favorite) also soared in popularity in English language
-speaking North America
as a result of Watergate.
[Gayle White, "So, a lawyer, a skunk and a catfish walk into a bar...: No shortage of jokes," ''National Post'', 27 May 2006, FW8.]
In 1989, American legal self-help publisher Nolo Press
published a 171-page compilation of negative anecdotes about lawyers from throughout human history.
[Andrew Roth & Jonathan Roth, ''Devil's Advocates: The Unnatural History of Lawyers'' (Berkeley: Nolo Press, 1989), ix.]
In ''Adventures in Law and Justice'' (2003), legal researcher Bryan Horrigan
dedicated a chapter to "Myths, Fictions, and Realities" about law and illustrated the perennial criticism of lawyers as "amoral [...] guns for hire"
[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, ), 55 & 62–66. Bierce is quoted p. [https://books.google.com/books?id=ncdieVR930MC&pg=PA64 64].]
with a quote from Ambrose Bierce
's satirical ''The Devil's Dictionary
'' (1911) that summarized the noun as: "LAWYER, n. One skilled in circumvention of the law."
[Ambrose Bierce, [http://www.dict.org/bin/Dict?Form=Dict2&Database=devils&Query=Lawyer "Lawyer"], in ''The Devil's Dictionary'' (1911), electronic entry at Dict.org. Also found quoted in many legal books.]
More generally, in ''Legal Ethics: A Comparative Study'' (2004), law professor Geoffrey C. Hazard, Jr.
with Angelo Dondi briefly examined the "regulations attempting to suppress lawyer misconduct" and noted that their similarity around the world was paralleled by a "remarkable consistency" in certain "persistent grievances" about lawyers that transcends both time and locale, from the Bible to medieval England to dynastic China.
[Hazard, [https://books.google.com/books?id=1pcFGm5DZDkC&pg=PA60 60].]
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
clients and other persons and misappropriating property
in dealings with clients
* charging excessive fee
Some studies have shown that suicide rates among lawyers may be as much as six times higher than the average population, and commentators suggest that the low opinion the public has of lawyers, combined with their own high ideals of justice, which in practice they may see denied, increase the depression rates of those in this profession.
[[http://www.jdjournal.com/2013/06/04/increase-of-kentucky-lawyer-suicides-exposes-the-unique-stresses-of-the-profession/ June, Daniel, "Increase of Kentucky Lawyer Suicides Exposes the Unique Stresses of the Profession"]]
In the United States, lawyers typically earn between $45,000 and $160,000 per year, although earnings vary by age and experience, practice setting, sex, and race.
[United States Census Bureau, American Community Survey] [United States Census Bureau, [https://www.census.gov/data/tables/time-series/demo/income-poverty/historical-income-people.html Current Population Survey]] [United States Department of Labor, [http://www.bls.gov/oes/current/oes231011.htm Bureau of Labor Statistics, Occupational Employment Statistics]] [[http://www.law.du.edu/documents/directory/publications/sterling/AJD2.pdf After the JD II]]
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,
[Anderson, 111–112.] a contingency fee [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.] (usually in cases involving personal injury), or a lump sum payment if the matter is straightforward. Normally, most lawyers negotiate a written fee agreement up front and may require a non-refundable advance payment in advance. Recent studies suggest that when lawyers charge a fixed-fee rather than billing by the hour, they work less hard on behalf of clients and client get worse outcomes. [ (reviewing history of the American Rule).] 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.
[Anderson, 120–121.] In many countries, with the notable exception of Germany, [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.] lawyers can also volunteer their labor in the service of worthy causes through an arrangement called ''pro bono publico'' (short for ''pro bono publico'', "for the common good"). [Abel, ''American Lawyers'', 129–130.] Traditionally such work was performed on behalf of the poor, but in some countries it has now expanded to many other causes such as the environment (biophysical).
In some countries, there are legal aid lawyers who specialize in providing legal services to the indigent.
[Abel, ''American Lawyers'', 133.] [Arthurs, 161; Murray, 342; Pérez-Perdomo, 392; Schuyt, 211; and Weisbrot, 288.] 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. [Boigeol, “The French Bar,” 280; and Jene, 376.] A similar system, though not as extensive or generous, operates in Australia, Canada, and South Africa.
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.
[Olgiati, 354, and Huyse, 240.] 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. [Huyse, 240–241.] In Germany, mandatory fee structures have enabled widespread implementation of affordable legal expense insurance. [Blankenburg, 143.]
The earliest people who could be described as "lawyers" were probably the orators of ancient Athens (see History of Athens). However, Athenian orators faced serious structural obstacles. First, there was a rule that individuals were supposed to plead their own cases, which was soon bypassed by the increasing tendency of individuals to ask a "friend" for assistance.
[Robert J. Bonner, ''Lawyers and Litigants in Ancient Athens: The Genesis of the Legal Profession'' (New York: Benjamin Blom, 1927), 202.] However, around the middle of the fourth century, the Athenians disposed of the perfunctory request for a friend. [Bonner, 204.] 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. [Bonner, 206.] They had to uphold the legal fiction that they were merely an ordinary citizen generously helping out a friend for free, and thus they could never organize into a real profession—with professional associations and titles and all the other pomp and circumstance—like their modern counterparts. [Bonner, 208–209.] Therefore, if one narrows the definition to those men who could practice the legal profession openly and legally, then the first lawyers would have to be the orators of ancient Rome. [Hazard, 18.]
A law enacted in 204 BC barred Roman advocates from taking fees, but the law was widely ignored.
[John Crook (classicist), ''Law and Life of Ancient Rome'' (Ithaca: Cornell University Press, 1967), 90.] The ban on fees was abolished by 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 sestertius. [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 Township, Erie County, Pennsylvania: The Franklin Library, 1982), 208.] This was apparently not much money; the Satires of Juvenal complained that there was no money in working as an advocate. [Crook, 91.]
Like their Greek contemporaries, early Roman advocates were trained in rhetoric, not law, and the judges before whom they argued were also not law-trained.
[Crook, 87.] But very early on, unlike Athens, Rome developed a class of specialists who were learned in the law, known as jurisconsults (''iuris consulti''). [Crook, 88.] Jurisconsults were wealthy amateurs who dabbled in law as an intellectual hobby; they did not make their primary living from it. They gave legal opinions (''responsa'') on legal issues to all comers (a practice known as ''publice respondere''). [Crook, 89.] 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. Thus, the Romans were the first to have a class of people who spent their days thinking about legal problems, and this is why their law became so "precise, detailed, and technical."
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.
[Crook, 90.] 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. [A. H. M. Jones, ''The Later Roman Empire, 284–602: A Social, Economic, and Administrative Survey'', vol. 1 (Norman, Oklahoma: University of Oklahoma Press, 1964), 507.] The centralization and bureaucratization of the profession was apparently gradual at first, but accelerated during the reign of Emperor Hadrian. [Fritz Schulz, ''History of Roman Legal Science'' (Oxford: Oxford University Press, 1946), 113.] At the same time, the jurisconsults went into decline during the imperial period. [Schulz, 113.]
In the words of Fritz Schulz (jurist), "by the fourth century things had changed in the eastern Empire: advocates now were really lawyers."
[Schulz, 268.] For example, by the fourth century, advocates had to be enrolled on the bar of a court to argue before it, they could only be attached to one court at a time, and there were restrictions (which came and went depending upon who was emperor) on how many advocates could be enrolled at a particular court. [Jones, 508–510.] By the 380s, advocates were studying law in addition to rhetoric (thus reducing the need for a separate class of jurisconsults); in 460, Leo I the Thracian 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. [Jones, 512–513.] Claudius's fee ceiling lasted all the way into the Byzantine period, though by then it was measured at 100 Solidus (coin). [Jones, 511.] It was widely evaded, either through demands for maintenance and expenses or a ''sub rosa'' barter (economics) transaction. The latter was cause for disbarment.
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.
[Jones, 515.] They were ubiquitous and most villages had one. In Roman times, notaries were widely considered to be inferior to advocates and jury consults.
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.' "
[James A. Brundage, "The Rise of the Professional Jurist in the Thirteenth Century," 20 Syracuse J. Int'l L. & Com. 185 (1994).] However, from 1150 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 Roman Catholic Church as priests. [Brundage, 185–186.] 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. [Brundage, 186–187.]
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.
[Brundage, 188.] During the same decade, the emperor of the Holy Roman Empire Frederick II, Holy Roman Emperor, the king of the Kingdom of Sicily, imposed a similar oath in his civil courts. [Brundage, 188–189.] By 1250, the nucleus of a new legal profession had clearly formed. [Brundage, 190.] 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. [Brundage, 189.] Although not adopted by the council, it was highly influential in many such courts throughout Europe. 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 Deception, [Statute of Westminster 1275, ch. 29.] and in 1280 the mayor's court of the city of London promulgated regulations concerning admission procedures, including the administering of an oath. [John Hamilton Baker, ''An Introduction to British Legal History'', 3rd ed. (London: Butterworths, 1990), 179.] 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. [Lucien Karpik, ''French Lawyers: A Study in Collective Action, 1274 to 1994'' (Oxford: Oxford University Press, 1999), 21.]
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.
[Carol Rice Andrews, ''Standards of Conduct for Lawyers: An 800-Year Evolution'', 57 SMU L. Rev. 1385 (2004).] 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.
Generally speaking, the modern practice is for lawyers to avoid use of any title, although formal practice varies across the world.
Historically lawyers in most European countries were addressed with the title of doctor, and countries outside of Europe have generally followed the practice of the European country which had policy influence through colonization. The first university degrees, starting with the law school of the University of Bologna (or glossators) in the 11th century, were all law degrees and doctorates.
[Herbermann, et al. (1915). [http://www.newadvent.org/cathen/05072b.htm Catholic Encyclopedia]. New York: Encyclopedia Press. Accessed May 26, 2008. García y García, A. (1992). [https://books.google.com/books?id=5Z1VBEbF0HAC&pg=RA1-PA399&lpg=RA1-PA399&dq=bologna+doctor+title&source=web&ots=ov98N_ekq2&sig=nAvm4JUEZJg389NCdSNfX1Gc-7s&hl=en#PPP1,M1 "The Faculties of Law]," ''A History of the University in Europe'', London: Cambridge University Press. Accessed May 26, 2008.] Degrees in other fields did not start until the 13th century, but the doctor continued to be the only degree offered at many of the old universities until the 20th century. Therefore, in many of the southern European countries, including Portugal and Italy, lawyers have traditionally been addressed as “doctor,” a practice, which was transferred to many countries in South America and Macau. The term "doctor" has since fallen into disuse, although it is still a legal title in Italy and in use in many countries outside of Europe. [[http://www.italgiure.giustizia.it/nir/lexs/1938/lexs_112065.html Regio Decreto 4 giugno 1938, n.1269] , Art. 48. (in Italian). Accessed February 10, 2009.]
In French language- (France, Quebec, Belgium, Luxembourg) and Dutch language-speaking countries (Netherlands, Belgium), legal professionals are addressed as ''Maître ...'', abbreviated to ''Me ...'' (in French) or ''Meester ...'', abbreviated to ''mr. ...'' (in Dutch).
The title of doctor has never been used to address lawyers in England or other common law countries (with the exception of the United States). This is because until 1846 lawyers in England were not required to have a university degree and were trained by other attorneys by apprenticeship or in the Inns of Court.
[Stein, R. (1981). [http://digitalcommons.pace.edu/lawfaculty/228/ 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] Since law degrees started to become a requirement for lawyers in England, the degree awarded has been the undergraduate LL.B. In South Africa holders of a law degree who have completed a year of pupillage and have been admitted to the bar may use the title "Advocate", abbreviated to "Adv" in written correspondence. Likewise, Italian law graduates who have qualified for the bar use the title "Avvocato", abbreviated in "Avv."
Even though most lawyers in the United States do not use any titles, the law degree in that country is the Juris Doctor, a professional doctorate degree,
[Association of American Universities Data Exchange. [http://www.pb.uillinois.edu/aaude/documents/graded_glossary.doc Glossary of Terms for Graduate Education] . Accessed May 26, 2008; National Science Foundation (2006). [https://www.nsf.gov/statistics/infbrief/nsf06312/nsf06312.pdf 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). [https://archive.is/20070807073217/http://www.sdcba.org/ethics/ethicsopinion69-5.html "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). [http://www.gradschool.utah.edu/catalog/degree.php 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. [http://www.blk-bonn.de/papers/hochschulsystem_usa.pdf "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).] and some J.D. holders in the United States use the title of "Doctor" in professional [American Bar Association. [https://www.law.cornell.edu/ethics/aba/mcpr/MCPR.HTM Model Code of Professional Responsibility], Disciplinary Rule 2–102(E). Cornell University Law School, LLI. Accessed February 10, 2009. Peter H. Geraghty. [http://www.abanet.org/media/youraba/200709/ethics.html Abanet.org] , "Are There Any Doctors Or Associates In the House?" American Bar Association, 2007.] and academic situations.
In countries where holders of the first law degree traditionally use the title of doctor (e.g. Peru, Brazil, Macau, Portugal, Argentina), J.D. holders who are attorneys will often use the title of doctor as well.
[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. [http://goliath.ecnext.com/coms2/gi_0199-5764887/Debate-over-doctor-of-law.html Debate over 'doctor of law' title continues]. Florida Bar Association, July 1, 2006.] It is common for English-language male lawyers to use the honorific suffix "Esq." (for "Esquire"). In the United States the style is also used by female lawyers.
In many Asian countries, holders of the Juris Doctor degree are also called "博士" (doctor).
[[http://arquivo.pt/wayback/20080218151543/http://translate.google.com/translate_t Google Translate]; The Contemporary Chinese Dictionary. (2001). Foreign Language Teaching and Research Press, Beijing.; Longman Dictionary of Contemporary English (Chinese-English). (2006). Pearson Education, Hong Kong, 2006.]
In the Philippines and Overseas Filipinos, lawyers who are either Filipino or naturalized-citizen expatriates at work there, especially those who also profess other jobs at the same time, are addressed and introduced as either ''Attorney'' or ''Counselor'' (especially in courts), rather than ''Sir/Madam'' in speech or ''Mr./Mrs./Ms.'' (''G./Gng./Bb.'' in Filipino) before surnames. That word is used either in itself or before the given name or surname.
* Ambulance chasing
* Association of Pension Lawyers
* Avocats Sans Frontières
* Cause lawyer
* Corporate lawyer
* Court dress
* Ghost lawyer
* Law broker
* Lawyer supported mediation
* List of jurists
* Notary public
* Privilege of the predecessors
* Public defender
* Rules lawyer
* Sole Practitioner (lawyer)
* St. Ivo of Kermartin (patron saint of lawyers)
* Trainee solicitor