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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." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain stability, 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. More information is available in country-specific articles (see below).

Notes

  1. ^ Henry Campbell Black, Black's Law Dictionary, 5th ed. (St. Paul: West Publishing Co., 1979), 799.
  2. ^ Geoffrey C. Hazard, Jr. & Angelo Dondi, Legal Ethics: A Comparative Study (Stanford: Stanford University Press, 2004, ISBN 0-8047-4882-9), 20-23.
  3. ^ John Henry Merryman and Rogelio Pérez-Perdomo, The Civil Law Tradition: An Introduction to the Legal Systems of Europe and Latin America, 3rd ed. (Stanford: Stanford University Press, 2007), 102-103.
  4. ^ Hazard, 22-23.
  5. ^ Advocates Act, 1961, s. 2.
  6. ^ Carl W. Battle, The Patent Guide: A Friendly Guide to Protecting and Profiting from Patents (New York: Allworth Press, 1997), 49.
  7. ^ David G. Cooper and Michael J. Gibson, Introduction to Paralegal Studies, 2nd ed.(Clifton Park: Thomson Delmar Learning, 1998), 4.
  8. ^ Richard L. Abel, "Lawyers in the Civil Law World," in Lawyers in Society: The Civil Law World, vol. 2, eds. Richard L. Abel and Philip S.C. Lewis, 1-53 (Berkeley: University of California Press, 1988), 4.
  9. ^ Merryman, 105-109.
  10. ^ Walter O. Reyrauch, The Personality of Lawyers (New Haven: Yale University Press, 1964), 27.
  11. ^ Jon T. Johnsen, "The Professionalization of Legal Counseling in Norway," in Lawyers in Society: The Civil Law World, vol. 2, eds. Richard L. Abel and Philip S.C. Lewis, 54-123 (Berkeley: University of California Press, 1988), 91.
  12. ^ Kahei Rokumoto, "The Present State of Japanese Practicing Attorneys: On the Way to Full Professionalization?" in Lawyers in Society: The Civil Law World, vol. 2, eds. Richard L. Abel and Philip S.C. Lewis, 160-199 (Berkeley: University of California Press, 1988), 164.
  13. ^ Merryman, 105.
  14. ^ Hazard, 21-33.
  15. ^ Benoit Bastard and Laura Cardia-Vonèche, "The Lawyers of Geneva: an Analysis of Change in the Legal Profession," trans. by Richard L. Abel, in Lawyers in Society: The Civil Law World, vol. 2, eds. Richard L. Abel and Philip S.C. Lewis, 295-335 (Berkeley: University of California Press, 1988), 297.
  16. ^ Carlos Viladás Jene, "The Legal Profession in Spain: An Understudied but Booming Occupation," in Lawyers in Society: The Civil Law World, vol. 2, eds. Richard L. Abel and Philip S.C. Lewis, 369-379 (Berkeley: University of California Press, 1988), 369.
  17. ^ Vittorio Olgiati and Valerio Pocar, "The Italian Legal Profession: An Institutional Dilemma," in Lawyers in Society: The Civil Law World, vol. 2, eds. Richard L. Abel and Philip S.C. Lewis, 336-368 (Berkeley: University of California Press, 1988), 338.
  18. ^ Bastard, 299, and Hazard, 45.
  19. ^ Harry W. Arthurs, Richard Weisman, and Frederick H. Zemans, "Canadian Lawyers: A Peculiar Professionalism," in Lawyers in Society: The Common Law World, vol. 1, eds. Richard L. Abel and Philip S.C. Lewis, 123-185 (Berkeley: University of California Press, 1988), 124.
  20. ^ David Weisbrot, "The Australian Legal Profession: From Provincial Family Firms to Multinationals," in Lawyers in Society: The Common Law World, vol. 1, eds. Richard L. Abel and Philip S.C. Lewis, 244-317 (Berkeley: University of California Press, 1988), 250.
  21. ^ Georgina Murray, "New Zealand Lawyers: From Colonial GPs to the Servants of Capital," in Lawyers in Society: The Common Law World, vol. 1, eds. Richard L. Abel and Philip S.C. Lewis, 318-368 (Berkeley: University of California Press, 1988), 324.
  22. ^ Anne Boigeol, "The Rise of Lawyers in France," in Legal Culture in the Age of Globalization: Latin America and Latin Europe, eds. Lawrence M. Friedman and Rogelio Pérez-Perdomo, 185-219 (Stanford: Stanford University Press, 2003), 208.
  23. ^ Hazard, 30-32.
  24. ^ Richard L. Abel, The Legal Profession in England and Wales (London: Basil Blackwell, 1989), 116.
  25. ^ See, e.g., Cal. Code. Civ. Proc. § 116.530 (preventing attorneys from appearing in small claims court except as parties or witnesses).
  26. ^ Rogelio Pérez-Perdomo, "The Venezuelan Legal Profession: Lawyers in an Inegalitarian Society," in Lawyers in Society: The Civil Law World, vol. 2, eds. Richard L. Abel and Philip S.C. Lewis, 380-399 (Berkeley: University of California Press, 1988), 387.
  27. ^ Gordon Kent, "Lawyerless Litigants: Is Justice Being Served?" Edmonton Journal, 27 January 2002, A1.
  28. ^ Alan Feuer, "Lawyering by Laymen: More Litigants Are Taking a Do-It-Yourself Tack," New York Times, 22 January 2001, B1.
  29. ^ Fiona Boyle, Deveral Capps, Philip Plowden, Clare Sandford, A Practical Guide to Lawyering Skills, 3rd ed. (London: Cavendish Publishing, 2005), 47-50.
  30. ^ See Abel, England and Wales, 56 and 141.
  31. ^ Jene, 369.
  32. ^ a b Rokumoto, 164.
  33. ^ Anne Boigeol, "The French Bar: The Difficulties of Unifying a Divided Profession," in Lawyers in Society: The Civil Law World, vol. 2, eds. Richard L. Abel and Philip S.C. Lewis, 258-294 (Berkeley: University of California Press, 1988), 263; and Boigeol, "The Rise of Lawyers," 206.
  34. ^ Richard L. Abel, American Lawyers (New York: Oxford University Press, 1989), 132. See, e.g., Hines v. Lowrey, 305 U.S. 85 (1938) (upholding limitation on attorneys' fees in veterans' benefits cases to $10).
  35. ^ Paul J. Zwier & Anthony J. Bocchini, Fact Investigation: A Practical Guide to Interviewing, Counseling, and Case Theory Development (Louisville, CO: National Institute for Trial Advocacy, 2000), 13-44.
  36. ^ John H. Freeman, Client Management for Solicitors (London: Cavendish Publishing Ltd., 1997), 266-274.
  37. ^ Abel, England and Wales, 1 and 141.
  38. ^ J. R. Spencer and Richard M. Jackson, Jackson's Machinery of Justice, 8th ed. (Cambridge: Cambridge University Press, 1989), 336.
  39. ^ R.E. Megarry, Lawyer and Litigant in England (London: Stevens and Sons, 1962), 32.
  40. ^ Maureen Paton, "Cab-rank exits," The Times, 9 October 2001, 1. This brief article explains the uneasy tension between solicitors and barristers, and the loopholes that have developed. For example, a barrister need not accept a case if the fee is too low or the barrister is just too busy.
  41. ^ Arthurs, 125; Johnsen, 74; and Pérez-Perdomo, "Venezuelan Legal Profession," 387.
  42. ^ Erhard Blankenburg and Ulrike Schultz, "German Advocates: A Highly Regulated Profession," in Lawyers in Society: The Civil Law World, vol. 2, eds. Richard L. Abel and Philip S.C. Lewis, 124-159 (Berkeley: University of California Press, 1988), 124.
  43. ^ Joaquim Falcão, "Lawyers in Brazil," in Lawyers in Society: The Civil Law World, vol. 2, eds. Richard L. Abel and Philip S.C. Lewis, 400-442 (Berkeley: University of California Press, 1988), 401.
  44. ^ Justine Fischer and Dorothy H. Lackmann, Unauthorized Practice Handbook: A Compilation of Statutes, Cases, and Commentary on the Unauthorized Practice of Law (Buffalo: William S. Hein Company, 1990), 30-35.
  45. ^ Abel, England and Wales, 185; Bastard, 318.
  46. ^ Kees Schuyt, "The Rise of Lawyers in the Dutch Welfare State," in Lawyers in Society: The Civil Law World, vol. 2, eds. Richard L. Abel and Philip S.C. Lewis, 200-224 (Berkeley: University of California Press, 1988), 201.
  47. ^ Stephen J. McGarry, Multidisciplinary Practices and Partnerships: Lawyers, Consultants, and Clients, § 1.06 (New York: Law Journal Press, 2002), 1-29.
  48. ^ Luc Huyse, "Legal Experts in Belgium," in Lawyers in Society: The Civil Law World, vol. 2, eds. Richard L. Abel and Philip S.C. Lewis, 225-257 (Berkeley: University of California Press, 1988), 227.
  49. ^ Murray, 325; and Rokumoto, 164.
  50. ^ Lee Rousso, "Japan's New Patent Attorney Law Breaches Barrier Between The 'Legal' And 'Quasi-Legal' Professions: Integrity

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