An attorney refers to any licensed professional to practice law in one or more states. A lawyer, attorney at law, or attorney, is a professional who is licensed to practice law in a given area or jurisdiction. To “practice law” generally means representing a client before a court of law or giving legal advice.
Attorneys perform many jobs and provide many benefits in their everyday work. Some lawyers may practice in a wide range of areas of the law; others may only specialize in a few or only one area. Attorneys can operate in groups (such as in a law firm), with a partner, or a solo practice.
To become an attorney, one must finish law school (usually three years) and pass a state bar assessment.
Every state has its own bar association, and the professional must be licensed in every state that they intend to practice (though some states have cross-licensing programs).
In the U.S., attorneys must also pass various background checks and pass a professional responsibility test before practicing law. Attorneys may work through a solo practice or with other attorneys in a law firm.
Attorneys perform various tasks such as:
Some lawyers practice as “specialists” in a given field, such as patent law, copyright law, and other areas. Most state laws mandate that the specialist lawyer pass another exam or meet other provisions before they can represent themselves as a specialist.
Discovery is a part of a civil case before trial where both sides try to “discover” facts about the case held by the other side. Discovery is a crucial part of pre-trial preparation. In addition to gathering information and evidence for trial, discovery allows each party to learn the strengths and weaknesses of their case. Information produced or obtained during discovery can lead to a settlement, eradicating the need for a trial.
Each state has its own discovery rules, but most are modeled after the Federal Rules of Civil Procedure 26. Each side can look into any matter pertinent to the case, except that which is privileged.
These matters can include the custody or location of:
In most circumstances, the terms “lawyer” and “attorney” are used interchangeably to refer to anyone who practices law. Yet, technically there is a difference between the two terms. The term lawyer often refers to anyone with an educational background in law. This can include law professors, legal researchers, and other legal professionals.
In contrast, the term “attorney” often refers to someone licensed to practice law and currently practicing litigation on behalf of clients in court. But, most individuals use the words interchangeably.
While the requirements to become an attorney differs from state to state, generally, a lawyer must have a bachelor’s degree or equivalent. They must also have graduated from an American Bar Association (ABA) accredited law school with a Juris Doctor (JD) degree.
Lawyers who have gone to law school in a foreign country must usually get a Master of Laws (LL.M) before taking a state bar examination. How to choose the right law school is a daunting prospect for a person who desires to be a lawyer.
When a person graduates from law school, they are not automatically entitled to practice law. Every state in the U.S. requires that a law school graduate take a state bar examination. This is a lengthy, stringent exam that tests the graduate’s legal knowledge and ability to apply it in distinct situations. Further, the state bar must review the applicant’s background and decide that the graduate has a good moral character before they can be admitted to the state bar.
Once admitted to the state bar, the graduate is formally deemed a licensed attorney and can practice law in that state. If they want to practice law in a different state, they will normally be required to pass the bar exam for that exact state.
Only an attorney is allowed to practice law. The law practice includes many services, from giving legal advice to representing a client before a court of law. There are only minimal situations where a non-lawyer would be ever allowed to practice law.
Non-lawyers might be permitted to give legal information in certain cases. Government agencies might enable non-lawyers to act as representatives in many states during agency hearings.
A paralegal is different from a lawyer. A paralegal is a person with some specialized legal training that allows them to assist attorneys in their daily duties. They usually perform particular tasks such as research and writing.
A “notary public” is also not a lawyer. A notary public helps to authenticate documents by notarizing them. Generally, these documents are wills, contracts, deeds, and other objects that need certification. Suppose a paralegal or notary public tries to offer you their “services” as a lawyer. In that case, you should decline immediately and report them to the state bar for the unauthorized practice of law.
The entire body of laws is exhaustive and tries to cover every aspect of life. Laws are divided into different categories; attorneys usually practice in a specific “practice area” (though many attorneys may practice in many areas).
While not a complete or all-inclusive list, general practice areas include:
Thus, when selecting an attorney at law, you’ll usually want to consider what area of law your dispute, conflict, or legal inquiry falls under. You can locate an attorney who provides services in that particular area.
You may need to hire an attorney if you have any legal disputes, conflicts, or questions that need to be addressed immediately. Your attorney can represent you in court, help you file papers, and perform various other assignments for your case. Also, your attorney will be able to advise you regarding any significant changes or updates to the law that might affect your case.