Lawyer

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.

Working as a lawyer generally involves the practical application of abstract legal theories and knowledge to solve specific problems.

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.

[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.

[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.

[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] In most developed countries, the legislature has granted original jurisdiction over highly technical matters to executive branch administrative agencies which oversee such things.

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.

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.

[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.

[60] 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.

[42][61] 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.

[71] 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.

[72] In common law countries, prosecutors are usually lawyers holding regular licenses who work for the government office that files criminal charges against suspects.

[84][85] Many others focus on theoretical aspects of law, leaving the professional and practical training of lawyers to apprenticeship and employment contexts.

[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.

[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.

[114][115] Lawyers in private practice generally work in specialized businesses known as law firms,[116] with the exception of English barristers.

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.

[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.

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.

"[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.

[190][191] 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.

[205] 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.

[211] 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.

"[215] 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.

[218] 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.

Example of a diploma from Suffolk University Law School conferring the Juris Doctor degree
Oral arguments being made before the New York Court of Appeals
Law Faculty of Comenius University in Bratislava (Slovakia)
Clara Shortridge Foltz , admitted to the California Bar through an examination before attending law school
U.S. President Abraham Lincoln is a famous example of a lawyer who became a politician.
Stamp issued to commemorate the 75th anniversary of the American Bar Association
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
Peasants paying for legal services with produce in The Village Lawyer , c. 1621 , by Pieter Brueghel the Younger
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.
Detail from the sarcophagus of Roman lawyer Valerius Petronianus 315–320 AD. Picture by Giovanni Dall'Orto .
King James I overseeing a medieval court, from an illustrated manuscript of a legal code