Different attitudes to lawyers

29 октября 2016

There are a lot of conceptions, notions and ideas to translate the word «lawyer». For example, we can understand this word like: attorney, barrister, counsel, solicitor, jurist, jurisprudent, legal expertand others [1: 21]. I want to discuss this problem from my view point.

A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counselor solicitor; a person licensed to practice law."[2: 145].

A lawyer, according to “Cambridge University Press 2010”, is “someone whose job is to give advice to people about the law and speak for them in court”

A lawyer compare with attorney, barrister, counsel, solicitor, jurist, jurisprudent, legal expert.

The role of the lawyer varies significantly across legal jurisdictions, and so it can be treated here in only the most general terms.

In practice, legal jurisdictions exercise their right to determine who is recognized as being a lawyer; as a result, the meaning of the term "lawyer" may vary from place to place.

  • In Australiathe word "lawyer" is used to refer to both barristersand solicitors(whether in private practice or practicing as corporate in-house counsel).
  • In Canada, the word "lawyer" only refers to individuals who have been called to the baror have qualified as civil law notaries in the province of Quebec. Common law lawyers in Canada may also be known as "barristers and solicitors", but should not be referred to as "attorneys", since that term has a different meaning in Canadian usage. However, in Quebec, civil law advocates (or «avocats» in French) often call themselves "attorney" and sometimes "barrister and solicitor".
  • In Englandand Wales, "lawyer" is used loosely to refer to a broad variety of law-trained persons. It includes practitioners such as barristers, solicitors, legal executivesand licensed conveyancers; and people who are involved with the law but do not practice it on behalf of individual clients, such as judges, court clerks, and drafters of legislation.
  • In India, the term "lawyer" is often colloquially used, but the official term is "advocate" as prescribed under the Advocates Act, 1961.
  • In Scotland, the word "lawyer" refers to a more specific group of legally trained people. It specifically includes advocatesand solicitors. In a generic sense, it may also include judges and law-trained support staff.
  • In the United States, the term generally refers to attorneyswho may practice law; it is never used to refer to patent agentsor paralegals.
  • Other nations tend to have comparable terms for the analogous concept.

In most common law countries, especially those with fused professions, lawyers have many options over the course of their careers. Besides private practice, they can become a prosecutor, government counsel, corporate in-house counsel, administrative law judge, judge, arbitrator, law professor, or politician. There are also many non-legal jobs which legal training is good preparation for, such as corporate executive, government administrator, investment banker, entrepreneur, or journalist. In developing countries like India, a large majority of law students never actually practice, but simply use their law degree as a foundation for careers in other fields.

In most civil law countries, lawyers generally structure their legal education around their chosen specialty; the boundaries between different types of lawyers are carefully defined and hard to cross. After one earns a law degree, career mobility may be severely constrained. For example, unlike their American counterparts, it is difficult for German judges to leave the bench and become advocates in private practice. Another interesting example is France, where for much of the 20th century, all judiciary officials were graduates of an elite professional school for judges. Although the French judiciary has begun experimenting with the Anglo-American model of appointing judges from accomplished advocates, the few advocates who have actually joined the bench this way are looked down upon by their colleagues who have taken the traditional route to judicial office.

In a few civil law countries, such as Sweden, the legal profession is not rigorously bifurcated and everyone within it can easily change roles and arenas.

The educational prerequisites to becoming a lawyer vary greatly from country to country. In some countries, law is taught by a faculty of law, which is a department of a university's general undergraduate college. Law students in those countries pursue a Masteror Bachelor of Lawsdegree. In some countries it is common or even required for students to earn another bachelor's degree at the same time. Nor is the LL.B the sole obstacle; it is often followed by a series of advanced examinations, apprenticeships, and additional coursework at special government institutes [3].

In other countries, particularly the United States, law is primarily taught at law schools. In the United Statesand countries following the American model, (such as Canadawith the exception of the province of Quebec) law schools are graduate/professional schools where a bachelor's degree is a prerequisite for admission. Most law schools are part of universities but a few are independent institutions. Law schools in the United States (and many in Canada and elsewhere) award graduating students a J.D. (Juris Doctor/Doctor of Jurisprudence) (as opposed to the Bachelor of Laws) as the practitioner's law degree. Many schools also offer post-doctoral law degrees such as the LL.M (Legum Magister/Master of Laws), or the S.J.D.(Scientiae Juridicae Doctor/Doctor of Juridical Science) for students interested in advancing their research knowledge and credentials in a specific area of law.

The methods and quality of legal education vary widely. Some countries require extensive clinical training in the form of apprenticeships or special clinical courses. Others, like Venezuela, do not. A few countries prefer to teach through assigned readings of judicial opinions (the casebook method) followed by intense in-class cross-examination by the professor (the Socratic Method). Many others have only lectures on highly abstract legal doctrines, which forces young lawyers to figure out how to actually think and write like a lawyer at their first apprenticeship (or job). Depending upon the country, a typical class size could range from five students in a seminar to five hundred in a giant lecture room. In the United States, law schools maintain small class sizes, and as such, grant admissions on a more limited and competitive basis [4: 23].

Some countries, particularly industrialized ones, have a traditional preference for full-time law programs, while in developing countries, students often work full- or part-time to pay the tuition and fees of their part-time law programs.

Law schools in developing countries share several common problems, such as an overreliance on practicing judges and lawyers who treat teaching as a part-time hobby (and a concomitant scarcity of full-time law professors); incompetent faculty with questionable credentials; and textbooks that lag behind the current state of the law by two or three decades.

It is very important to know that the earliest people who could be described as "lawyers" were probably the oratorsof ancient Athens(see History of Athens). However, Athenian orators faced serious structural obstacles. First, there was a rule that individuals were supposed to plead their own cases, which was soon bypassed by the increasing tendency of individuals to ask a "friend" for assistance. However, around the middle of the fourth century, the Athenians disposed of the perfunctory request for a friend. Second, a more serious obstacle, which the Athenian orators never completely overcame, was the rule that no one could take a fee to plead the cause of another. This law was widely disregarded in practice, but was never abolished, which meant that orators could never present themselves as legal professionals or experts. They had to uphold the legal fictionthat they were merely an ordinary citizen generously helping out a friend for free, and thus they could never organize into a real profession—with professional associations and titles and all the other pomp and circumstance—like their modern counterparts. Therefore, if one narrows the definition to those men who could practice the legal profession openly and legally, then the first lawyers would have to be the orators of ancient Rome.

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. Generally speaking, the modern practice is for lawyers to avoid use of any title, although formal practice varies across the world [5: 44].

Historically lawyers in most European countries were addressed with the title of doctor, and countries outside of Europe have generally followed the practice of the European country which had policy influence through colonization. The first university degrees, starting with the law school of the University of Bologna (or glossators) in the 11th century, were all law degrees and doctorates. Degrees in other fields did not start until the 13th century, but the doctor continued to be the only degree offered at many of the old universities until the 20th century. Therefore, in many of the southern European countries, including Portugal and Italy, lawyers have traditionally been addressed as “doctor,” a practice which was transferred to many countries in South America (including Macau in China). The term "doctor" has since fallen into disuse, although it is still a legal title in Italy and in use in many countries outside of Europe [6: 91].

The title of doctor has never been used to address lawyers in England or other common law countries (with the exception of the United States). This is because until 1846 lawyers in England were not required to have a university degree and were trained by other attorneys by apprenticeship or in the Inns of Court. Since law degrees started to become a requirement for lawyers in England, the degree awarded has been the undergraduate LL.B.

Even though most lawyers in the United States do not use any titles, the law degree in that country is the Juries Doctor, a professional doctorate degree, and some J.D. holders in the United States use the title of "Doctor" in professional and academic situations. In countries where holders of the first law degree traditionally use the title of doctor (e.g. Peru, Brazil, Macau, Portugal, Argentina, and Italy), J.D. holders who are attorneys will often use the title of doctor as well. It is not uncommon for English-language lawyers, especially in the United States, to use the honorific suffix "Esq." (for "Esquire"), irrespective of whether the lawyer is male or female.

In many Asian countries, the proper title for a lawyer is simply, "lawyer", but holders of the Juris Doctor degree are also called doctor.

 

References:

  1. А. Я. Зеликман – «Английский язык для юристов»;
  2. Henry Campbell Black, Black's Law Dictionary;
  3. www.wikipedia.com;
  4. John Henry Merryman and Rogelio Perez-Perdomo, The Civil Law Tradition: An Introduction to the Legal Systems of Europe and Latin America;
  5. Richard L. Abel, The Legal Profession in England and Wales;
  6. Richard L. Abel, "Lawyers in the Civil Law World".

 

Кадырова Е.С. (студентка ЮСТ-Д-2-1), Вареник С.С. (старший преподаватель кафедры иностранных языков для неязыковых факультетов РГСУ) // Проблемы современного мира глазами молодежи: Сборник статей по материалам конференции студентов (27 октября 2010 г.)/ Отв. Ред. Доцент Е.В. Тихонова. – М.:РГСУ, 2010. – 566 с. – С. 517-518.

  

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