A lawyer in law in a United States is a practitioner in a court of law who is legally eligible to adjudicate and defend the action in that court at the retainer client. Alternative terms include counselor (or in-laws counselor ) and attorney . As of April 2011, there are 1,225,452 licensed lawyers in the United States. A 2012 survey conducted by LexisNexis Martindale-Hubbell set 58 million consumers in the US looking for lawyers last year and that 76 percent of consumers use the internet to find lawyers.
The US legal system does not draw the distinction between lawyers pleading in court and those who do not, unlike many other common law jurisdictions. For example, jurisdiction in the United Kingdom distinguishes between lawyers who do not plead in court, and lawyers from the British and Welsh systems and supporters of the Scottish system, pleading in court. Likewise, the jurisdiction of civil law distinguishes between advocates and civil law notaries. An additional factor that distinguishes American legal systems from other countries is that there is no delegation of routine work to public notaries.
Lawyers can be resolved by the post-nominal letter Esq. , the abbreviated form of Esquire.
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Specialization
Many American lawyers limit their practice to specific areas of law. Often dichotomies are drawn between different types of lawyers, but, with the exception of patent law practice, this is not a fixed or formal line. Examples include:
- Outsourcer (law firm) v. internal adviser (corporate legal department)
- Plaintiff v. defense lawyers (some lawyers do plaintiffs and defense work, others only deal with certain types of cases like personal injury, business etc.)
- Transactional lawyers (or "office practices") (who negotiate and compile documents and advise clients, rarely go to court) v. litigators (who advise clients in the context of legal disputes both inside and outside the court, including lawsuits, arbitration and negotiated settlements)
- Trial lawyer (who argues facts, like the late Johnnie Cochran) v. appeals lawyer (who denies the law, like David Boies)
Despite this description, some countries prohibit or prevent specialist claims in certain areas of law unless the lawyer has been certified by the state council or state legal specialist.
Some countries provide formal certification that recognizes specialization. In California, for example, bar certification is offered in family law, appeals, criminal law, bankruptcy, housing planning, immigration, taxation, and worker compensation. Any lawyer who meets the bar requirements in any of these fields may represent himself as a specialist. The State Bar of Texas, for example, formally provides certification of specialization in 21 selected law areas.
The majority of lawyers practicing in a particular field usually can not be certified as specialists in that field (and certification of state councils is generally not required to practice law in any field). For example, the State Bar of Texas (in mid-2006) reported 77,056 licensed state lawyers (not including inactive members of the Bar), while the Texas Board of Legal Specialization reported, at about the same time, only 8,303 Texas Attorneys who got a certificate in any specialization. Indeed, of the 8,303 certified specialists in Texas, the highest number of attorneys certified in one particular area at the time was 1,775 (in private court injury law).
The specialization in patent law is administered by the Registry and Discipline Office of the US Patent and Trademark Office, which imposes strict requirements for applicants to be registered as patent attorneys or patent agents.
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Training and accreditation
In the United States, legal practice is conditioned upon entry into legal practice, and specifically goes into certain country bars or territorial jurisdictions. Legal practice rules are left to each state, and the definitions vary. Filing a case in federal court requires separate recognition.
Examination bar
Each US state and similar jurisdiction (eg territory under federal control) establishes its own rules for bar admission (or the privilege of practicing law), which can lead to different admission standards among states. In many cases, people who are "accepted" in the bar are "members" of a particular bar.
In the case of canonists, a lawyer seeking admission must obtain a Doctor Juris degree from a law school approved by the jurisdiction, and then pass the bar exam he or she runs. Usually, there is also a character and fitness evaluation, which includes background checks. However, there are exceptions to each of these requirements.
A lawyer accepted in one country is not automatically allowed to practice in another country. Some states have reciprocal agreements that allow lawyers from other countries to practice without sitting for other full exam exams; such agreements differ significantly among states.
In 1763, Delaware made his first test with another American colony soon to follow.
Checking bars in most US states and territories for at least two days (some states have three-day exams). It consists of essay questions, usually testing the knowledge of the law of the country itself (usually subjects such as wills, trust and community property, which always vary from country to country). Some jurisdictions prefer to use the Essay Multistate Exam (EEC), which was compiled by the NCBE since 1988, for this purpose. Others can frame their own questions with this goal in mind, while some states compile their own questions and use the EEC. Some jurisdictions manage complex questions that specifically test the knowledge of state law.
The exam bar also typically consists of a Multistate Bar Check, which is a standard multiple choice test made and sold to state inspector examiners participating by the National Conference of Bar Examiners since 1972. The MBE contains 200 questions that test six subjects based on common law principles and Article 2 of the Uniform Commercial Code.
The State of Washington has a separate Legal Officer program under the Sixth Rule of the Washington Court Admitted to the Practice Rules. A college graduate with a good moral character can be admitted into the Six-Law Law Enrollment Program for four years, get a job in a law firm or with a judge for at least 30 hours a week and study the Course determined under the tutor's tutelage. Upon successful completion of the program, the legal officer may take the Washington State Bar Exam and, upon graduation, will be accepted as a lawyer to the Washington State Bar Association.
Title in law
The level of candidate lawyers in the United States generally is Juris Doctor (Latin for "Doctor of Jurisprudence") abbreviated JD or, when given in English, D.Jur. ). It differs from countries based on the British legal system, where law is taught at the undergraduate level, resulting in a Bachelor of Law awarded. The Doctor of Laws exists in the United States as a title of honor.
The highest degree of law that can be obtained in the United States is the Doctor of Law Sciences ( Scientiae Juridicae Doctor , abbreviated SJD or JSD ) and Master of Law ("Master Legum ", abbreviated" LL.M. "SJD is similar to an academic degree which, like Ph.D., is research-based and requires a dissertation (original contribution to legal academic studies) LLM is generally obtained by completing studies in a particular field of law. For example, most law schools accredited in the United States require basic courses in Federal Taxation. Upon obtaining JD, an attorney may request permission to enter LL M. Program in taxation. Produce LL.M. requires completion of coursework in the field of tax law. No requirements for lawyers to complete the LL.M. program for law practice in the United States, and relatively few lawyers holding LL.M.
Student law in court
Some courts allow law students to act as "certified student attorneys" after the completion of the first year of satisfactory law school and completion of certain second and third year courses with subjects such as evidence.
Many countries allow students to debate before the court as a certified legal intern (CLI), provided they meet certain prerequisites, such as having completed at least half of their legal education, after taking or taking ethics classes of law faculties and becoming under the supervision of qualified lawyers and licensed.
Unlicensed legal practice
Some states provide criminal penalties for falsifying public mistakes as lawyers in the field of law and illegitimate law practice by a non-lawyer.
A person who holds a law degree in profession, but not accepted in a state bar is not a lawyer but can be considered a lawyer (learned in law, according to the Black Law Dictionary) since he does not hold a license issued by a country.
Some areas of law, such as patent law, bankruptcy, or immigration law, are mandated by the US Constitution to be under federal jurisdiction. In this case, state courts and association associations are prohibited to restrict the practice of that field of law.
See also
- Contract lawyer
- Teenage court
References
External links
- Attorneys - employment and earnings estimates for hired lawyers, Bureau of Labor Statistics (BLS)
- Chicago law firm - from BLS "Occupational Outlook Handbook"]
- Cornell Wex's Law Dictionary
Source of the article : Wikipedia
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