Editing Lawyer (section)

==Responsibilities==
===Oral Arguments in a Courtroom===
[[File: New York Court of Appeals hearing oral arguments.jpg|thumb|Oral arguments being made before the [[New York Court of Appeals]]|alt=|250x250px]]
Some lawyers, particularly barristers and advocates, argue the legal cases of clients case before a [[judge]] or [[jury]] in a court of law.<ref>{{cite web|url=https://austbar.asn.au/for-the-community/what-is-a-barrister|title=What is a Barrister?|access-date=2020-04-06|archive-date=2020-03-03|archive-url=https://web.archive.org/web/20200303163323/https://austbar.asn.au/for-the-community/what-is-a-barrister|url-status=live}}</ref><ref>Hazard, 30–32.</ref> 

In some jurisdictions, there are specialist lawyers who have exclusive rights of audience before a court.<ref>Richard L. Abel, ''The Legal Profession in England and Wales'' ([[London]]: [[Basil Blackwell]], 1989), 116.</ref> In others, particularly fused legal jurisdictions, there are lawyers who specialize in courtroom advocacy but who do not have a [[legal monopoly]] over the profession.

In some countries, litigants have the option of arguing on their own behalf.<ref>See, e.g., [http://caselaw.lp.findlaw.com/cacodes/ccp/116.510-116.570.html Cal. Code. Civ. Proc. § 116.530] {{Webarchive|url=https://web.archive.org/web/20090809145958/http://caselaw.lp.findlaw.com/cacodes/ccp/116.510-116.570.html |date=2009-08-09 }} (preventing attorneys from appearing in small claims court except as parties or witnesses).</ref> In other countries, like Venezuela, no one may appear before a judge unless represented by a lawyer.<ref>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.</ref> The advantage of the latter regime is that lawyers are familiar with the court's customs and procedures, making the legal system more efficient for all involved. Unrepresented parties often damage their own credibility or slow the court down as a result of their inexperience.<ref>Gordon Kent, "Lawyerless Litigants: Is Justice Being Served?" ''[[Edmonton Journal]]'', 27 January 2002, A1.</ref><ref>Alan Feuer, "Lawyering by Laymen: More Litigants Are Taking a Do-It-Yourself Tack", ''[[The New York Times]]'', 22 January 2001, B1.</ref>

===Research and drafting of court papers===
Often, lawyers brief a court in writing on the issues in a case before the issues can be orally argued. They may have to perform extensive research into relevant facts. Also, they draft legal papers and prepare for an oral argument.

In split common law jurisdictions, the usual division of labor is that a [[solicitor]] will obtain the facts of the case from the client and then brief a barrister, usually in writing.<ref>Fiona Boyle, Several Capps, Philip Plowden, Clare Sandford, ''A Practical Guide to Lawyering Skills'', 3rd ed. (London: Cavendish Publishing, 2005), 47–50.</ref> The barrister then researches and drafts the necessary court pleadings, which will be filed and served by the solicitor, and orally argues the case.<ref>See Abel, ''England and Wales'', 56 and 141.</ref>

In Spanish civil law, the procurator merely signs and presents the papers to the court, but it is the advocate who drafts the papers and argues the case.<ref>Jene, 369.</ref> In other civil law jurisdictions, like Japan, a [[scrivener]] or clerk may fill out court forms and draft simple papers for laypersons who cannot afford or do not need attorneys, and advise them on how to manage and argue their own cases.<ref name="Rokumoto, 164">Rokumoto, 164.</ref>

===Advocacy in administrative hearings===
In most developed countries, the legislature has granted [[original jurisdiction]] over highly technical matters to [[executive branch]] administrative agencies which oversee such things. As a result, some lawyers have become specialists in [[administrative law]]. In a few countries, there is a special category of jurists with a monopoly over this form of advocacy; for example, France formerly had ''conseils juridiques'' (who were merged into the main legal profession in 1991).<ref>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.</ref> In other countries, like the United States, lawyers have been effectively barred by statute from certain types of administrative hearings in order to preserve their informality.<ref>Richard L. Abel, ''American Lawyers'' (New York: Oxford University Press, 1989), 132. See, e.g., ''Hines v. Lowrey'', {{ussc|305|85|1938}} (upholding limitation on attorneys' fees in veterans' benefits cases to $10); ''Walters v. National Ass'n of Radiation Survivors'', {{ussc|473|305|1985}} (same).</ref>

===Client intake and counseling===
In some fused common law jurisdictions, the client-lawyer relationship begins with an [[intake interview]] where the lawyer gets to know the client personally, following which the lawyer discovers the facts of the client's case, clarifies what the client wants to accomplish, and shapes the client's expectations as to what actually can be accomplished. The second to last step begins to develop various claims or defenses for the client. Lastly, the lawyer explains her or his fees to the client.<ref>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.</ref><ref>John H. Freeman, ''Client Management for Solicitors'' (London: Cavendish Publishing Ltd., 1997), 266–274.</ref>

In England, only solicitors were traditionally in direct contact with the client,<ref>Abel, ''England and Wales'', 1 and 141.</ref>{{Needs update|date=December 2023}} but barristers nowadays may apply for rights to liaise with clients directly. The solicitor retained a barrister if one was necessary and acted as an intermediary between the barrister and the client.<ref>J. R. Spencer and [[R. M. Jackson|Richard M. Jackson]], ''Jackson's Machinery of Justice'', 8th ed. (Cambridge: Cambridge University Press, 1989), 336.</ref> In most cases barristers were obliged, under what is known as the "cab rank rule", to accept instructions for a case in an area in which they held themselves out as practicing, at a court at which they normally appeared and at their usual rates.<ref>R.E. Megarry, ''Lawyer and Litigant in England'' (London: Stevens and Sons, 1962), 32.</ref><ref>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.</ref>

===Legal advice===
{{Main|Legal advice}}
Legal advice is the application of abstract principles of law to the concrete facts of the client's case to advise the client about what they should do next. In some jurisdictions, only a properly licensed lawyer may provide legal advice to clients for good [[consideration]], even if no [[lawsuit]] is contemplated or is in progress.<ref>Arthurs, 125; Johnsen, 74; and Pérez-Perdomo, "Venezuelan Legal Profession", 387.</ref><ref>[[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.</ref><ref>[[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.</ref> In these jurisdictions, even conveyancers and corporate in-house counsel must first get a license to practice, though they may actually spend very little of their careers in court. Some jurisdictions have made the violation of such a rule the crime of [[unauthorized practice of law]].<ref>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.</ref>

In other countries, jurists who hold law degrees are allowed to provide legal advice to individuals or to corporations, and it is irrelevant if they lack a license and cannot appear in court.<ref>Abel, ''England and Wales'', 185; Bastard, 318.</ref><ref>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.</ref> Some countries go further; in England and Wales, there is ''no'' general prohibition on the giving of legal advice.<ref>Stephen J. McGarry, ''Multidisciplinary Practices and Partnerships: Lawyers, Consultants, and Clients'', § 1.06[1] (New York: Law Journal Press, 2002), 1–29.</ref> [[Singapore]] does not have any admission requirements for in-house counsel.<ref name="hollandandmarie1">{{cite web|title=HMLegal – Your Outsourced, In-House Counsel Solution|url=http://hollandandmarie.com/2018/11/hm-legal-your-outsourced-in-house-counsel-solution/|author=Holland & Marie|website=Holland & Marie| date=26 November 2018 |access-date=10 August 2019|archive-date=10 August 2019|archive-url=https://web.archive.org/web/20190810053421/http://hollandandmarie.com/2018/11/hm-legal-your-outsourced-in-house-counsel-solution/|url-status=live}}</ref>  Sometimes civil law notaries are allowed to give legal advice, as in Belgium.<ref>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.</ref>

In many countries, non-jurist accountants may provide what is technically legal advice in tax and accounting matters.<ref>Murray, 325; and Rokumoto, 164.</ref>

===Protecting intellectual property===
In virtually all countries, [[patent]]s, [[trademark]]s, [[Industrial design rights|industrial designs]] and other forms of [[intellectual property]] must be formally registered with a government agency in order to receive maximum protection under the law. The division of such work among lawyers, licensed non-lawyer jurists/agents, and ordinary clerks or scriveners varies greatly from one country to the next.<ref name=" Rokumoto, 164"/><ref>Lee Rousso, "Japan's New Patent Attorney Law Breaches Barrier Between The 'Legal' And 'Quasi-Legal' Professions: Integrity Of Japanese Patent Practice At Risk?" <span style="font-variant: small-caps;">10 Pac. Rim L. & Poly 781, 783–790 (2001).</span></ref>

=== Negotiating and drafting contracts ===
In some countries, the negotiating and drafting of contracts is considered to be similar to the provision of legal advice, so that it is subject to the licensing requirement explained above.<ref>Arthurs, 125; and Pérez-Perdomo, "Venezuelan Legal Profession", 387.</ref> In others, jurists or notaries may negotiate or draft contracts.<ref name="Huyse, 227">Huyse, 227.</ref>

===Conveyancing===
Conveyancing is the drafting of the documents necessary for the transfer of [[real property]], such as [[deed]]s and [[mortgage law|mortgages]]. In some jurisdictions, all [[real estate]] transactions must be carried out by a lawyer.<ref>Abel, ''England and Wales'', 176; Hazard, 90–93; Murray, 325; and Pérez-Perdomo, "Venezuelan Legal Profession", 387.</ref> Historically, conveyancing accounted for about half of English solicitors' income, though this has since changed,<ref>Abel, ''England and Wales'', 177.</ref> and a 1978 study showed that conveyancing "accounts for as much as 80 percent of solicitor-client contact in [[New South Wales]]."<ref>Weisbrot, 292.</ref> In most common law jurisdictions outside of the United States, this monopoly arose from an 1804 law<ref>s. 14 Stamp Act 1804</ref> that was introduced by [[William Pitt the Younger]] as a ''[[quid pro quo]]'' for the raising of fees on the certification of legal professionals such as barristers, solicitors, attorneys, and notaries.<ref>[[Brian Abel-Smith]] and [[Robert Stevens (lawyer)|Robert Stevens]], ''Lawyers and the Courts: A Sociological Study of the English Legal System, 1750–1965'' ([[Cambridge, Massachusetts|Cambridge]]: [[Harvard University]] Press, 1967), 23.</ref>

In others, the use of a lawyer is optional and banks, title companies, or [[realtor]]s may be used instead.<ref>Weisbrot, 251.</ref> In some civil law jurisdictions, real estate transactions are handled by civil law notaries.<ref>Arthurs, 125; Huyse, 227; and Schuyt, 201.</ref> In England and Wales, a special class of legal professionals–the [[licensed conveyancer]]–is also allowed to carry out conveyancing services for reward.<ref>Simon Domberger and Avrom Sherr, "The Impact of Competition on Pricing and Quality of Legal Services", in ''The Regulatory Challenge,'' eds. Matthew Bishop, John Kay, Colin Mayer, 119–137 (New York: Oxford University Press, 1995), 121–122.</ref>

===Carrying out the intent of the deceased===
In many countries, only lawyers have the legal authority to draft [[Will (law)|wills]], [[Trust law|trusts]], and any 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.<ref name="Huyse, 227"/>

===Prosecution and defense of criminal suspects===
In many civil law countries, [[prosecutor]]s are trained and employed as part of the judiciary. They are law-trained jurists, but may not necessarily be lawyers in the sense that the word is used in the common law world.<ref>Hazard, 34–35; Huyse, 227; Merryman, 105, and Schuyt, 201.</ref> In common law countries, prosecutors are usually lawyers holding regular licenses who work for the government office that files criminal charges against suspects. [[Criminal defense lawyer]]s specialize in the defense of those charged with any crimes.<ref>Larry J. Siegel and Joseph J. Senna, ''Introduction to Criminal Justice'', 10th ed. ([[Belmont, California|Belmont]]: Thomson Wadsworth, 2005), 311–325.</ref>