Smooth talkers in robes who spend their days arguing in court? No, not really! Lawyers do many things. Most spend more time writing or negotiating than arguing in court.
Lawyers represent their clients. They help solve clients’ legal problems, such as a divorce, being fired for no reason or being accused of a crime.
Lawyers also give advice.They answer their clients’ questions and help them understand their rights and responsibilities. For example, employers might ask a lawyer whether they can ban electronic cigarettes at work.
Some lawyers act as mediators. For example, they might help parents decide custody issues after a divorce. When acting as mediators, lawyers don’t take sides. Instead, they try to help both sides reach an agreement.
Lawyers are officers of the court. This means they must have respect for the law and act with honour, dignity and integrity.
Lawyers must be able to do the following things:
be careful, accurate and thorough, especially when giving advice
persuade others and think on their feet, especially in court
understand others’ concerns, especially when looking for common ground during negotiations or mediation
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
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 or paralegals. In fact, there are statutory and/or regulatory restrictions on non-lawyers like paralegals practicing law.
Other nations tend to have comparable terms for the analogous conce