Structured settlement
An agreement in settlement of a lawsuit involving specific payments made over a period of time. Property and casualty insurance companies often buy life insurance products to pay the costs of such settlements.
Copyright © 2012, Campbell R. Harvey. All Rights Reserved.Structured Settlement
The judgment or final agreement in a lawsuit where one party (usually the defendant) pays the other party (usually the plaintiff) a certain amount of money over a long period of time. A structured settlement allows the “winning” party to receive a large amount while still making payment affordable for the other party. Some companies purchase insurance policies where the insurance company pays any structured settlements that may arise.
Farlex Financial Dictionary. © 2012 Farlex, Inc. All Rights Reserved

at·tor·ney‌ (ə-tûr′nē)
‌n.‌ ‌pl.‌ ‌at·tor·neys‌ ‌ Abbr. ‌‌Att.‌ or ‌Atty.‌
A person legally appointed by another to act as his or her agent in the transaction of business, specifically one qualified and licensed to act for plaintiffs and defendants in legal proceedings.[Middle English attourney, from Old French atorne, from past participle of atorner, ‌to appoint‌; see ‌ attorn‌.]‌at·tor′ney·ship′‌‌ n.‌
‌The American Heritage® Dictionary of the English Language, Fourth Edition copyright ©2000 by Houghton Mifflin Company. Updated in 2009. Published by Houghton Mifflin Company. All rights reserved.‌

‌attorney‌ (əˈtɜːnɪ)
‌n‌
‌1. ‌ (Law) a person legally appointed or empowered to act for another
‌2. ‌ (Law) ‌US‌ a lawyer qualified to represent clients in legal proceedings
‌3. ‌ (Professions) ‌US‌ a lawyer qualified to represent clients in legal proceedings
‌4. ‌ (Law) ‌South African‌ a solicitor
‌5. ‌ (Professions) ‌South African‌ a solicitor
[C14: from Old French ‌atourné,‌ from ‌atourner‌ to direct to; see attorn]
‌atˈtorneyˌship‌ ‌n‌
‌Collins English Dictionary – Complete and Unabridged © HarperCollins Publishers 1991, 1994, 1998, 2000, 2003‌

‌at•tor•ney‌ (əˈtɜr ni)

‌n., ‌ ‌pl. ‌ ‌-neys.‌
a lawyer; attorney-at-law.
[1250–1300; Middle English < Anglo-French ‌attourne‌ literally, (one who is) turned to, i.e., appointed, past participle of ‌attourner‌ to attorn]
‌at•tor′ney•ship`,‌ ‌n. ‌
‌Random House Kernerman Webster’s College Dictionary, © 2010 K Dictionaries Ltd. Copyright 2005, 1997, 1991 by Random House, Inc. All rights reserved.‌

Responsibilities[edit]

In most countries, particularly civil law countries, there has been a tradition of giving many legal tasks to a variety of civil law notaries, clerks, and scriveners.^[9][10] These countries do not have “lawyers” in the American sense, insofar as that term refers to a single type of general-purpose legal services provider;^[11] rather, their legal professions consist of a large number of different kinds of law-trained persons, known as jurists, some of whom are advocates who are licensed to practice in the courts.^[12][13][14] It is difficult to formulate accurate generalizations that cover all the countries with multiple legal professions, because each country has traditionally had its own peculiar method of dividing up legal work among all its different types of legal professionals.^[15]

Notably, England, the mother of the common law jurisdictions, emerged from the Dark Ages with similar complexity in its legal professions, but then evolved by the 19th century to a single dichotomy between barristers and solicitors. An equivalent dichotomy developed between advocates and procurators in some civil law countries; these two types did not always monopolize the practice of law, in that they coexisted with civil law notaries.^[16][17][18]

Several countries that originally had two or more legal professions have since fused or united their professions into a single type of lawyer.^{[19][20][21][22]} Most countries in this category are common law countries, though France, a civil law country, merged its jurists in 1990 and 1991 in response to Anglo-American competition.^[23] In countries with fused professions, a lawyer is usually permitted to carry out all or nearly all the responsibilities listed below.

Oral argument in the courts[edit]

Arguing a client’s case before a judge or jury in a court of law is the traditional province of the barrister in England, and of advocates in some civil law jurisdictions.^[24] However, the boundary between barristers and solicitors have evolved. In England today, the barristermonopoly covers only appellate courts, and barristers must compete directly with solicitors in many trial courts.^[25] In countries like the United States, that have fused legal professions, there are trial lawyers who specialize in trying cases in court, but trial lawyers do not have a de jure monopoly like barristers. In some countries, litigants have the option of arguing pro se, or on their own behalf. It is common for litigants to appear unrepresented before certain courts like small claims courts; indeed, many such courts do not allow lawyers to speak for their clients, in an effort to save money for all participants in a small case.^[26] In other countries, like Venezuela or Portugal, no one may appear before a judge unless represented by a lawyer.^[27] The advantage of the latter regime is that lawyers are familiar with the court’s customs and procedures, and make the legal system more efficient for all involved. Unrepresented parties often damage their own credibility or slow the court down as a result of their inexperience.^[28][29]

Research and drafting of court papers[edit]

Often, lawyers brief a court in writing on the issues in a case before the issues can be orally argued. They may have to perform extensive research into relevant facts and law while drafting legal papers and preparing for oral argument.

In England, the usual division of labor is that a solicitor will obtain the facts of the case from the client and then brief a barrister (usually in writing).^[30] The barrister then researches and drafts the necessary court pleadings (which will be filed and served by the solicitor) and orally argues the case.^[31]

In Spain, the procurator merely signs and presents the papers to the court, but it is the advocate who drafts the papers and argues the case.^[32]

In some countries, like Japan, a scrivener or clerk may fill out court forms and draft simple papers for lay persons who cannot afford or do not need attorneys, and advise them on how to manage and argue their own cases.^[33]

Advocacy (written and oral) in administrative hearings[edit]

In most developed countries, the legislature has granted original jurisdiction over highly technical matters to executive branch administrative agencies which oversee such things. As a result, some lawyers have become specialists in administrative law. In a few countries, there is a special category of jurists with a monopoly over this form of advocacy; for example, France formerly had conseils juridiques (who were merged into the main legal profession in 1991).^[34] In other countries, like the United States, lawyers have been effectively barred by statute from certain types of administrative hearings in order to preserve their informality.^[35]

Client intake and counseling (with regard to pending litigation)[edit]

An important aspect of a lawyer’s job is developing and managing relationships with clients (or the client’s employees, if the lawyer works in-house for a government or corporation). The client-lawyer relationship often begins with an intake interview where the lawyer gets to know the client personally, discovers the facts of the client’s case, clarifies what the client wants to accomplish, shapes the client’s expectations as to what actually can be accomplished, begins to develop various claims or defenses, and explains her or his fees to the client.^[36][37]

In England, only solicitors were traditionally in direct contact with the client.^[38] The solicitor retained a barrister if one was necessary and acted as an intermediary between the barrister and the client.^[39] In most cases barristers were obliged, under what is known as the “cab rank rule”, to accept instructions for a case in an area in which they held themselves out as practising, at a court at which they normally appeared and at their usual rates.^[40][41]

Legal advice[edit]

Legal advice is the application of abstract principles of law to the concrete facts of the client’s case in order to advise the client about what they should do next. In many countries, only a properly licensed lawyer may provide legal advice to clients for good consideration, even if no lawsuit is contemplated or is in progress.^[42][43][44] Therefore, even conveyancers and corporate in-house counsel must first get a license to practice, though they may actually spend very little of their careers in court. Failure to obey such a rule is the crime of unauthorized practice of law.^[45]

In other countries, jurists who hold law degrees are allowed to provide legal advice to individuals or to corporations, and it is irrelevant if they lack a license and cannot appear in court.^[46][47] Some countries go further; in England and Wales, there is no general prohibition on the giving of legal advice.^[48] Sometimes civil law notaries are allowed to give legal advice, as in Belgium.^[49] In many countries, non-jurist accountants may provide what is technically legal advice in tax and accounting matters.^[50]

Protecting intellectual property[edit]

In virtually all countries, patents, trademarks, industrial designs and other forms of intellectual property must be formally registered with a government agency in order to receive maximum protection under the law. The division of such work among lawyers, licensed non-lawyer jurists/agents, and ordinary clerks or scriveners varies greatly from one country to the next.^[33][51]

Negotiating and drafting contracts[edit]

In some countries, the negotiating and drafting of contracts is considered to be similar to the provision of legal advice, so that it is subject to the licensing requirement explained above.^[52] In others, jurists or notaries may negotiate or draft contracts.^[53]

Lawyers in some civil law countries traditionally deprecated “transactional law” or “business law” as beneath them. French law firms developed transactional departments only in the 1990s when they started to lose business to international firms based in the United States and the United Kingdom (where solicitors have always done transactional work).^[54]

Conveyancing[edit]

Conveyancing is the drafting of the documents necessary for the transfer of real property, such as deeds and mortgages. In some jurisdictions, all real estate transactions must be carried out by a lawyer (or a solicitor where that distinction still exists).^[55] Such a monopoly is quite valuable from the lawyer’s point of view; historically, conveyancing accounted for about half of English solicitors’ income (though this has since changed),^[56] and a 1978 study showed that conveyancing “accounts for as much as 80 percent of solicitor-client contact in New South Wales.”^[57] In most common law jurisdictions outside of the United States, this monopoly arose from an 1804 law^[58] that was introduced byWilliam Pitt the Younger as a quid pro quo for the raising of fees on the certification of legal professionals such as barristers, solicitors, attorneys and notaries.^[59]

In others, the use of a lawyer is optional and banks, title companies, or realtors may be used instead.^[60] In some civil law jurisdictions, real estate transactions are handled by civil law notaries.^[61] In England and Wales a special class of legal professional–the licensed conveyancer–is also allowed to carry out conveyancing services for reward.^[62]

Carrying out the intent of the deceased[edit]

In many countries, only lawyers have the legal authority to draft wills, trusts, and any other documents that ensure the efficient disposition of a person’s property after death. In some civil law countries this responsibility is handled by civil law notaries.^[53]

In the United States, the estates of the deceased must generally be administered by a court through probate. American lawyers have a profitable monopoly on dispensing advice about probate law (which has been heavily criticized).^[63]

Prosecution and defense of criminal suspects[edit]

In many civil law countries, prosecutors are trained and employed as part of the judiciary; they are law-trained jurists, but may not necessarily be lawyers in the sense that the word is used in the common law world.^[64] In common law countries, prosecutors are usually lawyers holding regular licenses who simply happen to work for the government office that files criminal charges against suspects. Criminal defense lawyers specialize in the defense of those charged with any crimes.^[65]

Education[edit]

The educational prerequisites for 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.^[66] Law students in those countries pursue a Master orBachelor of Laws degree. 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.^[67]

In other countries, particularly the UK and USA, law is primarily taught at law schools. In America, the American Bar Association decides which law schools to approve and thereby which ones are deemed most respectable.^[68] In England and Wales,^[69] the Bar Professional Training Course (BPTC) must be taken to have the right to work and be named as a barrister. In the United States^[70] and countries following the American model, (such as Canada^[71] with 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 a few in Canada, where an LL.B or LL.M degree is much more common, 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.^[72]

The methods and quality of legal education vary widely. Some countries require extensive clinical training in the form of apprenticeships or special clinical courses.^[73] Others, like Venezuela, do not.^[74] 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).^[75][76] 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).^[77][78][79] 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.^[80]

Some countries, particularly industrialized ones, have a traditional preference for full-time law programs,^[81] while in developing countries, students often work full- or part-time to pay the tuition and fees of their part-time law programs.^[82][83]

Law schools in developing countries share several common problems, such as an over reliance on practicing judges and lawyers who treat teaching as a part-time hobby (and a concomitant scarcity of full-time law professors);^[84][85] incompetent faculty with questionable credentials;^[86] and textbooks that lag behind the current state of the law by two or three decades.^[84][87]

Earning the right to practice law[edit]

Some jurisdictions grant a “diploma privilege” to certain institutions, so that merely earning a degree or credential from those institutions is the primary qualification for practicing law.^[88] Mexico allows anyone with a law degree to practice law.^[89] However, in a large number of countries, a law student must pass a bar examination (or a series of such examinations) before receiving a license to practice.^[88][90][91] In a handful of U.S. states, one may become an attorney (a so-called country lawyer) by simply “reading law” and passing the bar examination, without having to attend law school first (although very few people actually become lawyers that way).^[92] In other states, the bar examination can be very challenging, such as in California where only 42.3% of applicants passed the examination administered in February 2011.^[93]

Some countries require a formal apprenticeship with an experienced practitioner, while others do not.^[94] For example, a few jurisdictions still allow an apprenticeship in place of any kind of formal legal education (though the number of persons who actually become lawyers that way is increasingly rare).^[95]

Career structure[edit]

The career structure of lawyers varies widely from one country to the next.

Common law/civil law[edit]

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, orlaw professor.^[96] There are also many non-legal jobs for which legal training is good preparation, such as politician, corporate executive, government administrator, investment banker, entrepreneur, or journalist.^[97] 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.^[98]

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.^[99] After one earns a law degree, career mobility may be severely constrained.^[100] For example, unlike their American counterparts,^[101] it is difficult for German judges to leave the bench and become advocates in private practice.^[102]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.^[103]

In a few civil law countries, such as Sweden,^[104] the legal profession is not rigorously bifurcated and everyone within it can easily change roles and arenas.

Specialization[edit]

In many countries, lawyers are general practitioners who will take almost any kind of case that walks in the door.^[105] In others, there has been a tendency since the start of the 20th century for lawyers to specialize early in their careers.^[106][107] In countries where specialization is prevalent, many lawyers specialize in representing one side in one particular area of the law; thus, it is common in the United States to hear of plaintiffs’ personal injury attorneys.^[108]

Organization[edit]

Lawyers in private practice generally work in specialized businesses known as law firms,^[109] with the exception of English barristers. The vast majority of law firms worldwide aresmall businesses that range in size from 1 to 10 lawyers.^[110] The United States, with its large number of firms with more than 50 lawyers, is an exception.^[111] The United Kingdom and Australia are also exceptions, as the UK, Australia and the U.S. are now home to several firms with more than 1,000 lawyers after a wave of mergers in the late 1990s.

Notably, barristers in England, Wales, Northern Ireland and some states in Australia do not work in “law firms”. Those who offer their services to members of the general public—as opposed to those working “in-house” — are required to be self-employed.^[112] Most work in groupings known as “sets” or “chambers”, where some administrative and marketing costs are shared. An important effect of this different organizational structure is that there is no conflict of interest where barristers in the same chambers work for opposing sides in a case, and in some specialised chambers this is commonplace.