Lawyer
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From Wikipedia, the free
encyclopedia A lawyer, according to Black's Law Dictionary,
is "a person learned in the law; as an attorney, counsel or solicitor; a
person licensed to practice law."[1]
Law is the system of rules of conduct established by the sovereign
government of a society to correct wrongs, maintain the stability of
political and social authority, and deliver justice. 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 retain (i.e., hire) lawyers to perform legal services.
The role of the lawyer varies significantly across legal jurisdictions,
and so it can be treated here in only the most general terms.[2][3]
More information is available in country-specific articles (see below)
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Terminology
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.[4]
* In New Zealand and Australia the word "lawyer" is used to refer to both
barristers and solicitors (whether in private practice or practising as
corporate in-house counsel).
* In Canada, the word "lawyer" only refers to individuals who have been
called to the bar or have qualified as civil law notaries in the province of
Quebec. Common law lawyers in Canada may also be known as "barristers and
solicitors", but should not be referred to as "attorneys", since that term
has a different meaning in Canadian usage. However, in Quebec, civil law
advocates (or avocats in French) often call themselves "attorney" and
sometimes "barrister and solicitor".
* In England and Wales, "lawyer" is used loosely to refer to a broad variety
of law-trained persons. It includes practitioners such as barristers,
solicitors, legal executives and licensed conveyancers; and people who are
involved with the law but do not practise it on behalf of individual
clients, such as judges, court clerks, and drafters of legislation.
* In India, the term "lawyer" is often colloquially used, but the official
term is "advocate" as prescribed under the Advocates Act, 1961.[5]
* 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[6] or
paralegals.[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, of which only some 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, though these two types did not
always monopolize the practice of law as much as barristers and solicitors,
in that they always 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 together 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. |
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