A lawyer is a law practicing lawyer, lawyer, lawyer, lawyer, lawyer, attorney lawyer, lawyer, lawyer, counselor, counselor, lawyer counselor , or lawyer, but not as executive secretary of paralegal or charter. Working as an attorney involves the practical application of abstract theories and knowledge of law to solve specific individual problems, or to advance the interests of those who hire lawyers to perform legal services.
The role of lawyers varies greatly throughout the jurisdiction of the law, so it can be treated here only in the most general terms.
Video Lawyer
Terminology
In practice, legal jurisdiction exercises their right to determine who is recognized as a lawyer. As a result, the meaning of the term "lawyer" may vary from place to place. Some jurisdictions have two types of lawyers, lawyers, and lawyers. Others combine the two. A lawyer is a lawyer who specializes in higher court appearances. A lawyer is a lawyer trained to prepare cases and provide advice on legal subjects and may represent people in lower courts. Both lawyers and lawyers have gone through law school and have been accepted as bar members.
- In Australia, the word "lawyer" may be used to refer both lawyers and lawyers (whether in private practice or training as an internal company consultant), and anyone who is accepted as a lawyer in a state or territory Supreme Court.
- In Canada, the word "lawyer" refers only to an individual who has been summoned to a bar or, in Quebec, has qualified as a civil law notary. The common law attorneys in Canada are officially and properly called "lawyers and lawyers", but should not be called "lawyers", because the term has a different meaning in the use of Canada, being a person designated under the power. However, in Quebec, civil law advocates (or avocats in French) often refer to themselves as "lawyers" and sometimes "lawyers and lawyers" in English, and all lawyers in Quebec, or lawyers in other Canada. when practicing in French, addressed with the title of honor, "Saya." or "MaÃÆ'®tre".
- In England and Wales, "lawyers" are used to refer to persons who provide law-enforceable and non-listed legal activities and include practitioners such as lawyers, attorneys, lawyers, registered foreign lawyers, patent attorneys, trademark lawyers trade, licensed licensors, notary public, sworn commissioners, immigration advisers and claims management services. The 2007 Legal Services Act defines "legal activities" which can only be exercised by persons authorized to do so in accordance with the Act. 'Lawyer' is not a protected title.
- In India, the term "lawyer" is often used everyday, but the official term is "advocate" as defined in the Advocate Act, 1961.
- In Scotland, the word "lawyer" refers to a more specific group of people who are trained legally. Specifically includes lawyers and lawyers. In a general sense, it may also include judges and trained legal support staff.
- In the United States, the term generally refers to a lawyer who can practice law. It was never used to refer to a patent agent or paralegal. In fact, there are legal and/or regulatory restrictions on non-lawyers such as paralegals who practice law.
- Other countries tend to have comparable terms for analog concepts.
Maps Lawyer
Responsibility
In most countries, especially the civil law countries, there is a tradition of giving many legal duties to civil notaries, scribes, and scribes. These countries have no "lawyers" in the American sense, as long as the term refers to one type of general-purpose legal service provider; In contrast, their legal profession consists of a large number of people who are trained in law, known as jurists, some of whom are supporters who have permission to practice in court. It is difficult to formulate an accurate generalization covering all countries with many legal professions, as each country has traditionally had its own special method of dividing legal work among all different types of legal professionals.
In particular, Britain, the mother of general law jurisdiction, emerged from the Dark Ages with similar complexity in her legal profession, but later developed in the nineteenth century into a single dichotomy between lawyers and lawyers. The equivalent dichotomy developed between supporters and procurators in some civil law countries; these two types do not necessarily monopolize the practice of law, where they coexist with civil law notaries.
Some countries that originally had two or more legal professions since fused or united of their profession into one type of lawyer. Most of the 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 rivalry. In countries with a united profession, a lawyer is usually allowed to carry out all or almost all of the responsibilities listed below.
Verbal arguments in court
Filming a client's argument before a judge or jury in court is a traditional province of lawyers in England, and lawyers in some civil law jurisdictions. However, the line between lawyers and lawyers has evolved. In the UK today, the lawyer's monopoly covers only the appeals court, and lawyers must compete directly with lawyers in many courts. In countries like the United States, which have united the legal profession, there are court lawyers who specialize in prosecuting cases in court, but court attorneys do not have a de jure monopoly like lawyers. In some countries, litigants have the option of debating pro i , or on their own behalf. It is common for plaintiffs to appear without representation before a particular court such as a small claims court; indeed, many such courts do not allow lawyers to speak to their clients, in an effort to save money for all participants in small cases. In other countries, like Venezuela, no one may appear before a judge unless represented by a lawyer. The advantage of the latter regime is that lawyers are familiar with court customs and procedures, and make the legal system more efficient for all involved. Unrepresented parties often undermine their own credibility or slow the courts because of their lack of experience. Research and draft a court paper
Often, lawyers briefed the courts in writing on issues in a case before the issues could be orally debated. They may have to conduct extensive research into relevant facts and laws while compiling legal documents and preparing verbal arguments.
In the UK, the usual division of labor is that a lawyer will get the case facts from the client and then explain a lawyer (usually in writing). Barrister then conducts research and drafts the necessary court requests (which will be filed and served by lawyers) and verbally argue.
In Spain, the procurator only signs and submits the letters to court, but the advocate writes paper and puts forward his argument.
In some countries, such as Japan, writing experts or scribes can fill out court forms and compile simple documents for laypeople who can not afford or do not need lawyers, and advise them on how to manage and debate their own cases.
Advocacy (written and oral) in administrative examination
In most developed countries, the legislature has provided the original jurisdiction of highly technical matters to the executive branch administrative body that oversees such matters. As a result, some lawyers become specialists in administrative law. In some countries, there is a special category of jurists with a monopoly on this form of advocacy; for example, France had previously had Client input and counseling (related to pending trial)
An important aspect of a lawyer's job is developing and managing relationships with clients (or client employees, if lawyers work in-house for government or companies). The client-lawyer relationship often begins with an intake interview in which the lawyer knows the client personally, discovers facts from the client's case, explains what the client wants to achieve, establishes the client's expectations of what can actually be accomplished, beginning to develop claims or defenses, and explain or charge to clients.
In the UK, only lawyers are traditionally in direct contact with clients. The lawyer arrests a lawyer if necessary and acts as an intermediary between lawyer and client. In most cases, barristers are required, under what is known as a "taxi rating rule", to receive instructions for a case in an area where they refrain as practicing, in court where they usually appear and at their usual level.
Legal advice
Legal advice is the application of abstract principles of law to the concrete facts of a client case to advise clients on what to do next. In many countries, only the right licensed lawyer can provide legal advice to the client for good judgment, even if no lawsuit is contemplated or is in progress. Therefore, even conveyors and consulting firms must first get a license to practice, even though they actually spend only a little of their career in court. Failure to comply with these rules is a crime of unlawful legal practice.
In other countries, legal experts holding legal titles are allowed to provide legal advice to individuals or companies, and it is irrelevant if they are not licensed and can not appear in court. Some countries go further; in England and Wales, there is no general prohibition to provide legal advice. Sometimes civil legal notaries are allowed to provide legal advice, such as in Belgium. In many countries, non-legal accountants may provide legal technical advice in tax and accounting matters.
Protect intellectual property
In most countries, patents, trademarks, industrial designs and other forms of intellectual property must be formally registered with government agencies to obtain maximum legal protection. Such a division of labor among lawyers, licensed lawyers/non-attorney agents, and regular employees or scribes varies greatly from country to country.
Negotiating and contracting
In some countries, negotiations and contract drafting are deemed to be similar to the provisions of legal advice, subject to the licensing requirements described above. On the other hand, jurists or notaries may negotiate or contract.
Lawyers in some civil law countries have traditionally ceased to use "transactional laws" or "business laws" underneath. French law firms developed a transactional department only in the 1990s when they began losing business to international companies based in the United States and Britain (where lawyers always do transactional work).
Convey
Submission of information is the preparation of the necessary documents for the transfer of real property rights, such as deeds and mortgages. In some jurisdictions, all real estate transactions must be done by a lawyer (or lawyer where the difference still exists). Such monopolies are quite valuable from the standpoint of lawyers; Historically, conveyors accounted for about half the income of British lawyers (though this has changed), and a study in 1978 showed that the submission "accounts for 80 percent of client-law contacts in New South Wales." In most general jurisdictions outside the United States, this monopoly emerged from the 1804 law introduced by William Pitt the Younger as quid pro quo to raise the costs of certifying legal professionals such as lawyers, lawyers, lawyers , and notaries.
On the other hand, the use of a lawyer is optional and the bank, title company, or realtors can be used instead. In some jurisdictions of civil law, real estate transactions are handled by notaries of civil law. In England and Wales, a special class of legal professionals - licensed conveyors - is also permitted to carry out freight services for gifts.
Implementing the deceased's intention
In many countries, only lawyers have the legitimate authority to draw up wills, creeds, and 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 land belonging to the deceased should generally be administered by the court through a will. American lawyers have a favorable monopoly in advising the law of ratification (which has been heavily criticized).
Prosecution and defense of a criminal suspect
In many civil law states, prosecutors are trained and employed as part of the judiciary; they are lawyers who are trained in law, but may not always be lawyers in the sense that the word is used in the world of common law. In a common law state, prosecutors are usually lawyers who hold regular licenses who happen to work for government offices who file criminal charges against the suspect. Criminal defense lawyers specialize in defending persons accused of crimes.
Education
The prerequisite of education to become a lawyer varies greatly from country to country. In some countries, law is taught by law faculty, which is the university's general college department. Law students in these countries pursue a Master's 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. LLM is also not the only obstacle; often followed by a series of advanced exams, internships, and additional courses at special government agencies.
In other countries, especially the UK and the US, the law is primarily taught in law schools. In America, the American Bar Association decides which law schools will be approved and thus which is considered the most honorable. In England and Wales, Bar Professional Training Course (BPTC) must be taken to have the right to work and be named as a lawyer. Students who decide to pursue a non-law subject at the undergraduate level may even study the Graduate Diploma in Law (GDL) after their degree, before starting the Legal Practice Course (LPC) or BPTC. In the United States and countries that follow the American model, (such as Canada with the exception of the province of Quebec) law schools are graduates/professional schools where a bachelor's degree is a prerequisite for admission. Most law schools are part of the university but some are independent institutions. Law schools in the United States and Canada (with the exception of McGill University) award the Law majors (Juris Doctor/Doctor of Jurisprudence) (as opposed to Bachelor of Law) as a bachelor degree practitioner. Many schools also offer post-doctoral degrees such as LL.M (Legum Master/Master of Laws), or S.J.D. (Scientiae Juridicae Doctor/Doctor of Juridical Science) for students interested in advancing their knowledge and research credentials in a particular field of law.
The methods and quality of legal education vary widely. Some countries require extensive clinical training in the form of internships or special clinical courses. Others, like Venezuela, do not. Some countries prefer to teach through an assigned judicial opinion reading (a book-cash method) followed by cross-examination in an intensive class by professors (Socrates method). Many others just lecture on the very abstract legal doctrine, which forces young lawyers to find out how to really think and write like a lawyer on their first internship (or job). Depending on the country, common class sizes can range from five students in a seminar up to five hundred in the lecture hall of giants. In the United States, law schools maintain small class sizes, and thus, provide acceptance on a more limited and competitive basis.
Some countries, especially industrialized countries, have a traditional preference for full-time law programs, while in developing countries, students often work full or part-time to pay tuition and the cost of their part-time legal program.
Law schools in developing countries have some common problems, such as excessive dependence on judges and practicing lawyers who treat teaching as a part-time hobby (and along with the scarcity of full-time law professors); incompetent faculty with questionable credentials; and textbooks that lag behind the current state of law for two or three decades.
Obtaining rights to practice law
Some jurisdictions provide "diploma privileges" to certain institutions, so obtaining only the degree or credentials of those institutions is the ultimate qualification for practicing law. Mexico allows anyone with a law degree to practice law. However, in a large number of countries, a law student must pass a bar exam (or a series of such checks) before receiving a license to practice. In some US states, a person can be a lawyer (called a state lawyer) simply by "reading the law" and passing a bar exam, without having to attend law school first (although very few people actually become lawyers that way).
Some countries require a formal internship with experienced practitioners, while others do not. For example, some jurisdictions still allow apprenticeship in place of some sort of formal legal education (although the number of people who actually become lawyers in that way is rarer).
Career structure
The career structure of lawyers varies from country to country.
General law/civil law
In most countries of common law, especially those with a united profession, lawyers have many choices during their careers. In addition to private practice, they can be prosecutors, government advisors, corporate advisers within the firm, administrative judges, judges, arbitrators, or law professors. There are also many non-legal jobs where legal training is a good preparation, such as politicians, corporate executives, government administrators, investment bankers, businessmen, or journalists. In developing countries like India, most law students never really practice, but only use their law degree as a foundation for careers in other fields.
In most civil law countries, attorneys generally draw up their legal education around their chosen specialties; the boundaries between different types of lawyers are carefully defined and difficult to cross. Once a person obtains a law degree, career mobility may be very limited. For example, unlike their American counterparts, it is difficult for a German judge to leave the bench and become a supporter in private practice. Another interesting example is France, where during most of the 20th century, all court officials were elite professional school graduates for judges. Although French courts have begun experimenting with Anglo-American models that designate judges from supreme advocates, some advocates who actually join this bench are in this way despised by their colleagues who have taken the traditional route to the judiciary.
In some civil law countries, like Sweden, the legal profession is not strictly branched and everyone in it can easily change roles and arenas.
Specialization
In many countries, lawyers are common practitioners who represent clients in the broad field of legal matters. In other countries, there is a trend since the beginning of the 20th century for lawyers to specialize early in their careers.
In countries where specialization is prevalent, many lawyers specialize in representing one side in a particular legal field; thus, it is common in the United States to hear personal plaintiffs' personal injury lawyers. Texas offers lawyers the opportunity to receive board certification through the Texas Specialization Law Council. To become a certified board, the applicant's lawyers are subjected to a rigorous examination in one of 24 practice areas offered by the Texas Board of Legal Specialization. Only "board certified" lawyers are permitted to use the word "specialize" in any publicly accessible material such as a website or television ad. See Texas Rule 7.02 (a) (6).
Organization
Lawyers in private practice generally work in specialized businesses known as law firms, with the exception of British lawyers. The majority of law firms around the world are small businesses that have sizes ranging from 1 to 10 lawyers. The United States, with its large number of companies with more than 50 lawyers, is an exception. The United Kingdom and Australia are also an exception, as Britain, Australia and the US are now home to several companies with more than 1,000 lawyers after the merger wave in the late 1990s.
In particular, lawyers 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 - compared to those who work "at home" - must work alone. Most work in groups known as "sets" or "rooms", where some administrative and marketing costs are shared. One important influence of this different organizational structure is that there are no conflicts of interest in which lawyers in the same room work for opposing parties in a case, and in some of these special rooms are common.
Professional associations and regulations
Granting compulsory licenses and membership in professional organizations
In some jurisdictions, the judiciary or the Ministry of Justice directly oversees the attorney's acceptance, permissions, and arrangements.
Other jurisdictions, by law, tradition, or court order, have given such authority to professional associations that all lawyers must have. In the US, such associations are known as mandatory, integrated, or integrated bar associations. At the Commonwealth of Nations, similar organizations are known as Inns of Court, bar councils or law law societies. In civil law countries, comparable organizations are known as the Order of Advocates, Advocates' Chamber, Advocate College, Faculty of Advocates, or similar names. Generally, a nonmembers caught in legal practice may be liable for crimes of unlawful legal practice.
In the common law countries with a divided legal profession, lawyers have traditionally become members of the bar council (or the Inn of Court) and lawyers of the legal community. In the English-speaking world, the largest professional attorney association is the State Bar of California, with 230,000 members.
Some countries recognize and organize lawyers at the national level, so a lawyer, once licensed, can debate cases in any court in the country. This is common in small countries such as New Zealand, Japan, and Belgium. Others, especially those with the federal government, tend to arrange lawyers at the state or provincial level; this is the case in the United States, Canada, Australia, and Switzerland, to name a few. Brazil is the most famous federal government that organizes lawyers at the national level.
Some countries, such as Italy, organize lawyers at the regional level, and some, such as Belgium, even organize them locally (that is, they are licensed and regulated by local associations of lawyers associations but can advocate in national courts). In Germany, lawyers are accepted in regional bars and may appear to clients before all national courts with the exception of the German Federal Court (Bundesgerichtshof or BGH); Surprisingly, ensuring admission to the BGH bar limited the practice of solicitors solely to the highest federal courts and the Federal Constitutional Court of Germany.
In general, geographical restrictions can be problematic for an attorney who finds out that the client causes him to file a lawsuit in court outside the normal geographical sphere of his license. Although most courts have special pro hac vice rules for such events, lawyers will still have to deal with a range of different professional liability rules, as well as the possibility of other differences in substantive and procedural law.
Some countries grant licenses to non-resident lawyers, who can then appear regularly on behalf of foreign clients. Others require all lawyers to stay in jurisdiction or even hold national citizenship as a prerequisite for receiving a license to practice. But the trend in industrialized countries since the 1970s was to abolish citizenship and restrictions on shelter. For example, the Supreme Court of Canada has passed the citizenship requirement on the basis of equality rights in 1989, and likewise, American citizenship and residence requirements were beaten as unconstitutional by the US Supreme Court in 1973 and 1985, respectively. European courts made similar decisions in 1974 and 1977 in violation of citizenship restrictions in Belgium and France.
Who set up a lawyer
The main difference between countries is whether the lawyer should be governed only by the independent judiciary and its subordinate institutions (self-governing legal profession), or whether the lawyer should be subject to oversight by the Justice Ministry in the executive branch.
In most civil law countries, governments traditionally exercise strict control over the legal profession to ensure the supply of faithful judges and bureaucrats. That is, lawyers are expected first and foremost to serve the country, and the availability of advice to private litigants is a reflection. Even in civil law countries like Norway with a partially self-governing profession, the Justice Department is the only licensed issuer, and makes its own independent reevaluation of the attorney's fitness to practice after the lawyer has been removed from the Advocate. Association. Brazil is an unusual exception because its National Advocate Order has become a self-regulating institution (with direct control over licensing) and has successfully rejected the government's efforts to place it under the control of the Ministry of Labor.
Of all civil law countries, communist countries have historically become the furthest towards total state control, with all Communist lawyers being forced to practice collectively in the mid-1950s. China is a prime example: technically, the People's Republic of China has no lawyers, and instead has only an untrained "legal worker", state workers before the introduction of a comprehensive reform package in 1996 by the Standing Committee of the National People's Congress.
In contrast, general law attorneys have traditionally governed themselves through institutions in which non-lawyers' influence, if any, is weak and indirect (despite nominal state control). Such institutions are traditionally dominated by private practitioners who oppose strong state control over the profession on the ground that it would jeopardize the ability of lawyers to be passionately and competently advocating the cause of their clients in a hostile justice system.
However, the self-governing concept of the profession has been criticized as a fake that serves to legitimize professional monopolies while protecting the profession from public scrutiny. Disciplinary mechanisms are very ineffective, and the punishment is mild or absent.
Voluntary association
Lawyers are always free to form their own voluntary association, regardless of any license or compulsory membership that may be required by the law of their jurisdiction. Like their compulsive counterparts, such organizations may exist at all geographical levels. In American English, such associations are known as voluntary bar associations. The professional association of the largest professional lawyers in the English-speaking world is the American Bar Association.
In some countries, such as France and Italy, lawyers have also formed unions.
Cultural perception
Hostility to the legal profession is a widespread phenomenon. Legal professions were abolished in Prussia in 1780 and in France in 1789, although both countries finally realized that their justice system could not function efficiently without a lawyer. Complaints about too many attorneys were common in Britain and the United States in the 1840s, Germany in the 1910s, and in Australia, Canada, the United States, and Scotland in the 1980s.
Public distrust of lawyers reached a record high in the United States after the Watergate scandal. In the aftermath of Watergate, legal self-help books became popular among those who wanted to solve their legal problems without having to deal with lawyers. The lawyer's joke (already a perennial favorite) has also increased in popularity in the English-speaking North America as a result of Watergate. In 1989, the United States legal aid publisher Nolo Press published a 171-page negative anecdotal compilation of lawyers from all over human history.
In Adventure in Law and Justice (2003), lawyer Bryan Horrigan dedicates a chapter to "Myth, Fiction, and Reality" about the law and illustrates the lawyers' perennial criticism as "immoral [...] weapons for hired "with quotes from Ambrose Bierce's satire The Devil's Dictionary (1911) which summarizes the noun as:" ATTORNEY, n. The person skilled in evading the law. "
More generally, within Legal Ethics: A Comparative Study (2004), law professor Geoffrey C. Hazard, Jr. with Angelo Dondi briefly examining the "rules that seek to suppress the lawyer's mistakes" and noting that their similarities around the world are paralleled by "extraordinary consistency" in certain "persistent" complaints about lawyers who transcend time and place, from Scripture to Medieval England to Chinese dynasties. The authors then generalize the common complaints about these lawyers as being classified into the following five "general categories":
- misuse of litigation in various ways, including using exaggerated tactics and false evidence and making frivolous arguments to court
- the preparation of fake documentation, such as wrongdoing, contract, or will
- deceiving clients and others and misusing properties
- delays in dealing with clients
- overcharged
Several studies have shown that suicide rates among lawyers may be as much as six times higher than the average population, and commentators suggest that low opinion societies have lawyers, combined with their own high ideals of justice, which in practice they may see rejected , increasing their depression level in this profession. In addition, lawyers are twice as likely to suffer from alcoholism and other drugs.
Compensation
In the United States, attorneys typically earn between $ 45,000 and $ 160,000 per year, although earnings vary by age and experience, exercise settings, gender, and race. Solo practitioners typically earn less than lawyers in corporate law firms but more than those who work for state or local government.
Lawyers are paid for their work in various ways. In private practice, they can work on an hourly basis in accordance with billable hours structure, contingency costs (usually in cases involving personal injury), or a single payment if this is easy. Typically, most lawyers negotiate a written agreement in advance and may require a non-refundable retainer beforehand. Recent studies show that when lawyers charge a fixed fee rather than hourly billing, they work less for clients and clients get worse outcomes. In many countries there are cost-shifting arrangements by who losers have to pay the cost and cost of the winner; The United States is a major exception, although in turn, its legislators have carved many exceptions to the so-called "American Rules" without shifting costs.
Lawyers working directly in government, nonprofit, and corporate payrolls typically earn regular annual salary. In many countries, with the exception of Germany, lawyers can also volunteer their work to serve noble purposes through an arrangement called pro bono (short for pro bono publico, for good) general"). Traditionally such work is done in the name of the poor, but in some countries, it has expanded to many other causes such as the environment.
In some countries, there are lawyer lawyers specializing in providing legal services to the poor. France and Spain even have a formal fee structure in which lawyers are compensated by the government for legal aid cases on a case-by-case basis. Similar systems, though not extensive or generous, operate in Australia, Canada, and South Africa.
In other countries, legal aid specialists are almost non-existent. This may be because non-lawyers are allowed to provide such services; in Italy and Belgium, trade unions and political parties provide what can be characterized as legal aid services. Some legal aid in Belgium is also provided by young lawyers who are subsidized by local bar associations (known as pro deo systems), as well as non-profit consumer protection organizations and Public Subsidized Institutions that are subsidized by the local government. In Germany, the mandatory cost structure has enabled the widespread adoption of legal cost insurance.
History
Ancient Greek
The earliest people who could be described as "lawyers" were probably the orators of ancient Athens (see History of Athens). However, the orators of Athens face serious structural obstacles. Firstly, there is a rule that people should plead their own case, which is soon impeded by an increasing tendency of the individual to ask "friends" for help. However, around the middle of the fourth century, the Athenians threw away their perfunctory requests for a friend. Secondly, a more serious obstacle, never exceeded entirely by the orators of Athens, is the rule that no one can take charge to defend other causes. This law is widely ignored in practice, but never abolished, which means that the orator can not present himself as an expert or jurist. They must uphold the legal fiction that they are just ordinary citizens who generously help friends for free, and thus they will never be able to organize into a real profession - with professional associations and titles and all the grandeur and other circumstances - like their peers modern. Therefore, if one narrows the definition to those who can practice legal profession openly and legally, then the first lawyer must be an orator of ancient Rome.
Ancient Rome
A law enacted in 204 BC prohibited Roman supporters from taking pay, but the law was widely ignored. The charge ban was abolished by Emperor Claudius, who legalized advocacy as a profession and allowed Roma's supporters to become the first lawyer to practice openly - but he also imposed a ceiling of 10,000 sesterces. This is apparently not a lot of money; The Satires of Juvenal complain that there is no money in working as an advocate.
Like their contemporaries, early Roman supporters were trained in rhetoric, not law, and the judges they had previously debated were also not trained in law. But early on, unlike Athens, Rome developed a specialist class studied in law, known as juriscons (iuris consulti). Jurisconsults are wealthy amateurs who try law as an intellectual hobby; they do not make their ultimate life out of it. They provide legal opinions (legal responses) about legal matters to all comers (a practice known as publice respondere ). Roman judges and governors will routinely consult with the juriscons advisory boards before making a decision, and supporters and ordinary people also go to juriscons for legal opinions. So, the Romans were the first to have a class of people who spent their days thinking about legal matters, and this is why their law became so "precise, detailed, and technical."
During the Roman Republic and early Roman Empire, juriscons and supporters were not regulated, because the first was amateur and the latter was technically illegal. Every citizen may call himself a lawyer or jurist, though whether a person believes he will rely on his personal reputation. This changed after Claudius legalized the legal profession. At the beginning of the Byzantine Empire, the legal profession has become established, highly regulated, and highly stratified. The centralization and bureaucratization of the profession seemed gradual at first, but accelerated during the reign of Emperor Hadrian. At the same time, the jury will decline during the period of the empire.
In the words of Fritz Schulz, "in the fourth century things have changed in the Eastern Empire: the supporters are now really lawyers." For example, in the fourth century, supporters had to be registered in the court bar to argue before, they could only be attached to one court at a time, and there were restrictions (who came and went depending on who became emperors) about how many advocates could registered in a particular court. In the 380s, advocates studied law other than rhetoric (thus reducing the need for separate jury classes); in 460, Emperor Leo imposed the requirement that new lawyers seeking recognition should produce testimony from their teacher; and in the sixth century, a regular law study program lasting about four years is required for admission. Claudius's cost ceiling goes all the way to the Byzantine period, though at the time it is measured at 100 solidi. It is widely avoided, either through demands for maintenance and expense or barter transaction of sub rosa. The latter is the cause of the distarment.
Notaries ( tabelliones ) appeared in the final Roman Empire. Like their modern-day descendants, notaries of civil law, they are responsible for preparing wills, conveyances, and contracts. They are everywhere and most villages have one. In Roman times, notaries were widely considered inferior to advocates and jurors in consultation.
Medieval
After the fall of the Western Roman Empire and the beginning of the Early Middle Ages, the Western European legal profession collapsed. As James Brundage explained: "[before 1140], no one in Western Europe could be described as a professional lawyer or a professional canon in terms of the modern sense of the term 'professional'." However, from 1150 onwards, the number of men which is small but rises to be an expert in canon law but only in the progress of other work goals, such as serving the Roman Catholic Church as a priest. From 1190 to 1230, there was a crucial change in which some men began practicing canon law as a lifelong profession.
The return of the legal profession is marked by the church's new efforts and the state to govern it. In 1231 two French councils mandated that lawyers should swear an oath of confession before practicing before a bishop's court in their area, and a similar oath was announced by the pope's envoy in London in 1237. During that same decade, the Roman Emperor of the Roman Empire Frederick II , king of the Sicilian kingdom, imposed a similar oath in his civil court. In 1250 the nucleus of the new legal profession was clearly established. The new tendency toward professionalization culminated in a controversial proposal in Council II of Lyon in 1275 that all ecclesiastical courts must require a confession oath. Although not adopted by the council, it was very influential in many courts across Europe. The civil courts in England also join the trend towards professionalization; in 1275 the law enacted that the prescribed penalty for professional lawyers was guilty of deception, and in 1280 the mayoral court of London imposed rules on admissions procedures, including taking oaths. And in 1345, the crown of France declared a royal rule that established 24 rules governing the supporters, which were integrated into the oaths to be taken by them.
French medieval oaths are very influential and very important; for example, they directly affected the oath structure of the supporters adopted by the Geneva Canton in 1816. In turn, the Geneva oath of 1816 became the inspiration for the lawyer's oath composed 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 on a comprehensive statement about the professional task of lawyers.
Title
In general, modern practice is for lawyers to avoid using any degree, although formal practice varies around the world.
Historically, lawyers in most European countries were handled with a doctorate, and countries outside Europe generally followed the practices of European countries that had policy influence through colonialism. The first university degree, beginning with the Bologna University law school (or glossator) in the 11th century, was all degrees and doctoral law. The degrees in other fields did not begin until the 13th century, but doctors continued to be the only degree offered in many of the old universities until the 20th century. Therefore, in many countries in southern Europe, including Portugal and Italy, lawyers are traditionally referred to as "doctors", a practice, which is transferred to many countries in South America and Macau. The term "doctor" has fallen into disuse, though it is still a legal degree in Italy and is used in many countries outside Europe.
In France- (France, Quebec, Belgium, Luxembourg) and Dutch-speaking countries (Dutch, Belgian), legal professionals are referred to as MaÃÆ'®tre... , abbreviated to M e ... (in French) or Meester... , shortened to mr.... (in Dutch).
A doctor's degree has never been used to handle lawyers in England or other common law countries (with the exception of the United States). This is because until 1846 the lawyers in the UK were not required to have university degrees and were trained by other lawyers by apprentices or at the Court Inn. Since the law degree begins to be a requirement for lawyers in the UK, a degree awarded is a bachelor's degree LL.B. In South Africa, holders of a law degree who have completed a year of training and have been accepted in the bar may use the title "Advocate", abbreviated "Adv" in written correspondence. Likewise, Italian law graduates who qualify for bars use the title "Avvocato", abbreviated "Avv."
Although most lawyers in the United States do not use any degree, the law degree in that country is Juris Doctor, a professional doctorate, and some JD holders in the United States use the title "Doctor" in professional and academic situations..
In countries where the first legal title holder traditionally uses a doctor's degree (eg Peru, Brazil, Macau, Portugal, Argentina), JD holders who are lawyers will often use a doctor's degree as well. It is common for English speaking male lawyers to use the suffix "Esq." (for "Esquire"). In the United States, this style is also used by female lawyers.
In many Asian countries, holders of the Juris Doctor title are also called "??" (doctor).
In Filipino and Filipino societies abroad, lawyers who are citizens of the Philippines or foreign nationals working there, especially those who have another job at the same time, will be dealt with and introduced as Attorney or Counselor (especially in court), rather than Sir/Madam in speech or Mr./Mrs./Ms. ( G./Win./Bb. in Filipino) before the surname. The word is used either in itself or before the given name or family name.
Also see
Note
Source of the article : Wikipedia
0 Comments