A lawyer is someone authorized to practice law in a particular jurisdiction. They may also be called an advocate, barrister, counsel, solicitor or legal executive.
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The qualifications to become an attorney vary by state, but most require a bachelor’s degree and a law degree. In addition, would-be attorneys must pass a bar exam, and keep their education up to date to ensure they’re providing accurate legal advice. The body of law is complex, so it’s important that lawyers have the proper training and continue to learn as they practice.
Most lawyers obtain a Juris Doctor degree, or J.D. This degree typically requires three years of full-time study beyond a bachelor’s degree, and covers a wide range of legal subjects. The program also develops skills in critical thinking and writing, and the ability to research and make data-driven recommendations. Students who want to pursue a specific policy area or domain can take specialized courses that offer more in-depth understanding of those areas.
In addition to their formal training, many attorneys hone their skills through internships and externships. These positions usually involve working in a law firm or other legal entity for a set period of time, and give students the opportunity to perform various tasks under the supervision of an experienced attorney. These opportunities are often highly competitive, and can lead to job offers after graduation.
Some lawyers also obtain advanced degrees, such as a Master of Laws (LL.M) or a Doctor of Juridical Science (SJD). These programs cater to those who wish to pursue legal scholarship, and focus on legal research and analysis. The DSJ degree culminates in a dissertation that makes a significant contribution to the law.
In addition to academic training, would-be attorneys must pass a character and fitness examination before they can practice law. This is a thorough background check that examines an applicant’s education, employment history, criminal and arrest record, residences and more. This process ensures that new attorneys will be upstanding citizens who can represent their clients in court. If they pass, the attorney is admitted to the bar and can begin practicing law. Some states, such as New York, require that attorneys pass additional exams and fulfill other requirements before they can practice.
Licensing
In order to be licensed to practice law, you must complete a process similar to that required of other professions. Licensing is an objective process that establishes competence to practice the law and carries with it the responsibility of practicing within the law’s ethical framework. In the United States, for example, a license to practice is granted by the state supreme court or its high-court equivalent (New York’s Court of Appeals).
After successful graduation from law school, you must pass a state bar examination, which consists of two days of tests. The first day is typically a standardized test called the Multistate Bar Examination, which consists of multiple-choice questions designed to test your understanding of broad legal principles. The second day of testing is generally made up of a mix of written essays and locally crafted questions covering a wider range of topics. In addition, you must undergo a moral character and fitness review that may include questions about your academic conduct while in school and your criminal record, as well as any applicable disciplinary actions against you while in college or at law school.
Once you successfully pass the bar exam, the state will grant you your license to practice law. You must also take a legally binding oath that you will uphold the law and the Constitution of your licensing state and will conduct yourself with integrity and good moral character. In some states, you may be able to become an attorney without taking the bar exam by filing a petition with the state supreme court or its board of bar examiners, along with an affidavit from at least one practising lawyer of five years’ standing and a certificate of completion of pupillage.
Most states require that you continue your legal education through continuing legal education courses after you have been licensed to practice law. In addition, many states maintain a disciplinary system for attorneys in which a complaint from a client can result in an investigation and possible revocation of your license to practice. If you are the subject of a disciplinary action, contact a professional license defense attorney as soon as possible to ensure that your rights are protected.
Experience
The legal profession requires a great deal of practical experience, which can be gained through internships, clerkships or volunteering with law firms or government agencies. Many jurisdictions also require or strongly recommend a period of post-graduate training, called articling, to ensure that new Attorneys have sufficient skills and knowledge to practice law independently. Analytical and logical reasoning abilities are crucial, as is the ability to understand and interpret complex legal matters. Participating in moot court competitions and serving on a law review or legal clinic while in school are excellent ways to develop these skills. Working in public service or for a non-profit organization can also be a pathway to becoming an Attorney, especially for those interested in social justice and advocacy work.
Fees
In the United States, attorneys are paid for their time spent working on a case. This is called an attorney fee (or “attorneys’ fees,” although this term is generally reserved for cases involving multiple attorneys). Attorney fees are separate from court costs, and are also distinct from fines, compensatory and punitive damages, and other monies in a legal case not specifically enumerated as court costs.
Lawyers may charge a flat fee, or they might bill on an hourly basis. Often, when a lawyer bills by the hour, they charge for every minute of work done, including phone calls, text messages and meetings. In addition, they might charge for the cost of running their office, such as rent, equipment and salaries. This is a standard practice in virtually all areas of law, from divorce to estate planning.
When a lawyer charges a flat fee, it is typically for routine legal matters such as creating a will or handling an uncontested divorce. However, it is important to discuss this arrangement before agreeing to it so that the client understands exactly what it includes and does not include.
Many lawyers are willing to take on pro bono cases, or legal work for free. Such cases tend to involve alleged violations of constitutional rights, such as protections against discrimination and freedom of speech. In some cases, attorneys might be able to charge a lower hourly rate or an all-inclusive fixed fee for such work, but the request must be formally submitted to and approved by the court.
Some lawyers may accept a contingency fee, which is a percentage of the judgment or settlement obtained for a client. This is a popular option in personal injury and medical malpractice cases, but it is not available in all areas of the law. If the fee a lawyer is asking for is large, it is often possible to negotiate a monthly payment arrangement, which can be very helpful to those who cannot afford a lump sum fee up front. Some lawyers might even accept credit cards, which is a convenience for clients who do not have cash.