Kanpur Bar Association Election

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, barristers and solicitors. Whilst others fuse the two. A barrister is a lawyer who specialises 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) 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, attorneys, 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 India, the term "lawyer" is often colloquially used, but the official term is "advocate" as prescribed under the Advocates Act, 1961.[4]

In Scotland, the word "lawyer" refers to a more specific group of legally trained people. It specifically includes advocates and solicitors. In a generic sense, it may also include judges and law-trained support staff.

In the United States, the term generally refers to attorneys who may practice law. It is never used to refer to patent agents[5] or paralegals.[6] In fact, there are statutory and/or regulatory restrictions on non-lawyers like paralegals practicing law.[7]

Other nations tend to have comparable terms for the analogous concept.

Responsibilities

In most countries, particularly civil law countries, there has been a tradition of giving many legal tasks to a variety of civil law notaries, clerks, and scriveners.[8][9] These countries do not have "lawyers" in the American sense, insofar as that term refers to a single type of general-purpose legal services provider;[10] rather, their legal professions consist of a large number of different kinds of law-trained persons, known as jurists, some of whom are advocates who are licensed to practice in the courts.[11][12][13] It is difficult to formulate accurate generalizations that cover all the countries with multiple legal professions, because each country has traditionally had its own peculiar method of dividing up legal work among all its different types of legal professionals.[14]

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

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

Oral argument in the courts

📷Leondra Kruger, who has made over a dozen oral arguments before the United States Supreme Court.

Arguing a client's case before a judge or jury in a court of law is the traditional province of the barrister in England, and of advocates in some civil law jurisdictions.[23] However, the boundary between barristers and solicitors has evolved. In England today, the barrister monopolycovers only appellate courts, and barristers must compete directly with solicitors in many trial courts.[24] 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 de juremonopoly like barristers. In some countries, litigants have the option of arguing pro se, or on their own behalf. It is common for litigants to appear unrepresented before certain courts like small claims courts; indeed, many such courts do not allow lawyers to speak for their clients, in an effort to save money for all participants in a small case.[25] In other countries, like Venezuela, no one may appear before a judge unless represented by a lawyer.[26] 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.[27][28]

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 and law while drafting legal papers and preparing for 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). The barrister then researches and drafts the necessary court pleadings (which will be filed and served by the solicitor) and orally argues the case.

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).[33] 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.[34]

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 often begins with an intake interview where the lawyer gets to know the client personally, discovers the facts of the client's case, clarifies what the client wants to accomplish, shapes the client's expectations as to what actually can be accomplished, begins to develop various claims or defenses, and explains her or his fees to the client.

In England, only solicitors were traditionally in direct contact with the client.The solicitor retained a barrister if one was necessary and acted as an intermediary between the barrister and the client.[38] 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.

Legal advice

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. Therefore, even conveyancers and corporate in-house counsel must first get a license to practice, though they may actually spend very little of their careers in court. Failure to obey such a rule is the crime of unauthorized practice of law

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. Some countries go further; in England and Wales, there is no general prohibition on the giving of legal advice. Sometimes civil law notaries are allowed to give legal advice, as in Belgium. In many countries, non-jurist accountants may provide what is technically legal advice in tax and accounting matters.

Protecting intellectual property

In virtually all countries, patents, trademarks, industrial designs and other forms of intellectual property must be formally registered with a government agency in order to receive maximum protection under the law. The division of such work among lawyers, licensed non-lawyer jurists/agents, and ordinary clerks or scriveners varies greatly from one country to the next.

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. 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).

Conveyancing

Conveyancing is the drafting of the documents necessary for the transfer of real property, such as deeds and mortgages. In some jurisdictions, all real estate transactions must be carried out by a lawyer (or a solicitor where that distinction still exists). 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), 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 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.

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

Carrying out the intent of the deceased

In many countries, only lawyers have the legal authority to draft wills, trusts, and any other documents that ensure the efficient disposition of a person's property after death. In some civil law countries this responsibility is handled by civil law notaries.

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).

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