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The legal system
affects nearly every aspect of our society, from
buying a home to crossing the street. Lawyers
form the backbone of this vital system, linking
it to society in numerous ways. For that reason,
they hold positions of great responsibility and
are obligated to adhere to a strict code of
ethics.
Lawyers,
also called attorneys, act as both
advocates and advisors in our society. As
advocates, they represent one of the parties in
criminal and civil trials by presenting evidence
and arguing in court to support their client. As
advisors, lawyers counsel their clients
concerning their legal rights and obligations
and suggest particular courses of action in
business and personal matters. Whether acting as
an advocate or an advisor, all attorneys
research the intent of laws and judicial
decisions and apply the law to the specific
circumstances faced by their client.
The more detailed
aspects of a lawyer’s job depend upon his or her
field of specialization and position. Although
all lawyers are licensed to represent parties in
court, some appear in court more frequently than
others. Trial lawyers, who specialize in trial
work, must be able to think quickly and speak
with ease and authority. In addition,
familiarity with courtroom rules and strategy is
particularly important in trial work. Still,
trial lawyers spend the majority of their time
outside the courtroom, conducting research,
interviewing clients and witnesses, and handling
other details in preparation for a trial.
Lawyers may
specialize in a number of areas, such as
bankruptcy, probate, international, or elder
law. Those specializing in environmental law,
for example, may represent interest groups,
waste disposal companies, or construction firms
in their dealings with the U.S. Environmental
Protection Agency (EPA) and other Federal and
State agencies. These lawyers help clients
prepare and file for licenses and applications
for approval before certain activities may
occur. In addition, they represent
clients?interests in administrative
adjudications.
Some lawyers
specialize in the growing field of intellectual
property, helping to protect clients?claims to
copyrights, artwork under contract, product
designs, and computer programs. Still other
lawyers advise insurance companies about the
legality of insurance transactions, guiding the
company in writing insurance policies to conform
with the law and to protect the companies from
unwarranted claims. When claims are filed
against insurance companies, these attorneys
review the claims and represent the companies in
court.
Most lawyers are in
private practice, concentrating on criminal or
civil law. In criminal law, lawyers represent
individuals who have been charged with crimes
and argue their cases in courts of law.
Attorneys dealing with civil law assist clients
with litigation, wills, trusts, contracts,
mortgages, titles, and leases. Other lawyers
handle only public-interest cases¡ªcivil or
criminal¡ªwhich may have an impact extending well
beyond the individual client.
Lawyers are
sometimes employed full time by a single client.
If the client is a corporation, the lawyer is
known as ouse counsel?and usually advises the
company concerning legal issues related to its
business activities. These issues might involve
patents, government regulations, contracts with
other companies, property interests, or
collective bargaining agreements with unions.
A significant
number of attorneys are employed at the various
levels of government. Lawyers who work for State
attorneys general, prosecutors, public
defenders, and courts play a key role in the
criminal justice system. At the Federal level,
attorneys investigate cases for the U.S.
Department of Justice and other agencies.
Government lawyers also help develop programs,
draft and interpret laws and legislation,
establish enforcement procedures, and argue
civil and criminal cases on behalf of the
government.
Other lawyers work
for legal aid societies¡ªprivate, nonprofit
organizations established to serve disadvantaged
people. These lawyers generally handle civil,
rather than criminal, cases. A relatively small
number of trained attorneys work in law schools.
Most are faculty members who specialize in one
or more subjects; however, some serve as
administrators. Others work full time in
nonacademic settings and teach part time. (For
additional information, see the Handbook
section on
teachers¡ªpostsecondary.)
Lawyers are
increasingly using various forms of technology
to perform their varied tasks more efficiently.
Although all lawyers continue to use law
libraries to prepare cases, some supplement
conventional printed sources with computer
sources, such as the Internet and legal
databases. Software is used to search this legal
literature automatically and to identify legal
texts relevant to a specific case. In litigation
involving many supporting documents, lawyers may
use computers to organize and index material.
Lawyers also utilize electronic filing,
videoconferencing, and voice-recognition
technology to share information more effectively
with other parties involved in a case.
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