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Lawyer, a person trained and authorized to prepare,
administer, and prosecute or defend litigation as the representative of
another, and also to advice on legal matters that may or may not require legal
action.
Lawyers apply the law to specific cases. They examine facts
and evidence by interviewing clients and examining documents, and prepare and
present pleadings in court. During the trial, they present evidence, question
witnesses, and discuss issues of fact and law. If they do not win the case,
they can request a new trial or relief in an appeals court.
In many cases, through negotiation, reconciliation, and
compromise, lawyers can achieve a non-judicial settlement of a case. In
addition, the law empowers people to organize and establish their legal rights
in many areas and in a variety of ways, such as through wills, contracts, or
company bylaws, and lawyers help to do this. Many of these regulations. Since
the 20th century, representing clients before boards of directors and
arbitration tribunals, as well as before legislative committees, has been a
growing area of work for lawyers.
Lawyers have multiple loyalties in their work, including
loyalty to their clients, to the administration of justice, to the community,
to their partners in practice, and to themselves. When these loyalties
conflict, the standards of the profession seek to converge.
Legal practice varies from country to country. In England,
lawyers are divided into barristers, who represent before the higher courts,
and solicitors, who do red tape and represent before the lower courts. In the
United States, attorneys often specialize in limited areas of law, such as
criminal, divorce, corporate, probate, or personal injury law, although many
also engage in general practice.
In France, many types of professionals and even laymen deal
with different aspects of legal work. The most respected is the lawyer, who has
the same rank as a judge or a law professor. Roughly comparable to the English
barrister, the barrister's main job is to advocate in court. In France, as in
most civil law countries, the hearing of witnesses is conducted by the judge
and not by the lawyer as in common law countries. In their pleadings, the
lawyers explain their arguments and point out inconsistencies in the testimony;
it is the main means available to lawyers to persuade the court of the law and
the facts. In addition to lawyers, there used to be avoids and liken ciaos to
practice medicine; The former represented the litigants in all procedural
matters except oral presentation, drafting of writings and negotiated
transactions, while the latter, of which there were few, were in charge of the
defense before certain commercial courts. Today, the distinction between avoids
and barristers has been abolished in all courts, with the exception of the
Courts of Appeal, where avoids continue to practice as before.
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In addition to these professional groups, there are also
honorary legal advisers who advise on various legal issues and are often
employed by commercial companies. In almost all civil law countries there are
notaries (see notary) who have the exclusive right to carry out administrative
work, such as marriage contracts and wills.
In Germany, a distinction is made mainly between lawyers and
notaries. However, the German lawyer plays an even more limited role in the
courtroom than the French lawyer, mainly because presentations on legal issues
are limited and litigation is often left to junior partners. Lawyers are often
limited to practicing before the courts of certain jurisdictions. Other
limitations are that some attorneys only practice before appellate courts,
often requiring a new attorney for each level of litigation. In Germany,
lawyers are more active in the public administration than in common law
countries.
In communist countries, lawyers were often employed as advisers to government agencies, but they had much less freedom to represent people. See also defender; Lawyer; Lawyer.