The basics of the profession of a lawyer Реферат

Ключавыя словы: адвакат, юрыспрудэнцыя, юрыст, гісторыя прафесіі, кансультаванне па пытаннях бізнесу, прыватныя кансультацыі, грамадзянскія працэсы. Прадметам даследавання ў дадзенай працы з'яўляюцца асновы прафесіі адваката. Аб'ём рэферата - 12 старонак. Праца складаецца з ўвядзення, трох частак, заключэння і слоўніка.

Ва ўвядзенні абгрунтоўваецца актуальнасць абранай тэмы, фармулюецца мэта працы.

Першая частка прысвечана вывучэнню гісторыі станаўлення адвакатуры.

У другой чале дадзена апісанне асноўных абавязкаў адвакатаў, у якіх сферах яны больш запатрабаваныя.

У трэцяй чале дадзена інфармацыя аб дзяленні прафесіі адваката на некалькі катэгорый у юрыспрудэнцыі некаторых краін.

Заключэнне змяшчае высновы аб выкладзеных у падзелах звестках.

Keywords: lawyer, law, legal profession, profession history, business advising, private advising, civil trials. The subject of research in this work are the basics of the legal profession. The volume of the abstract is 13 pages. The work consists of introduction, three chapters, conclusion and glossary.

In the introduction is justified the relevance of the chosen topic the goal is formulated.

The first chapter is devoted to the study of the history of the formation of the legal profession.

The second chapter describes the main duties of the legal profession, in which areas they are more in demand.

The third chapter provides information on the division of the legal profession into several categories in the jurisprudence of some countries.

The conclusion contains conclusions about the information presented in chapters.

The legal profession is going through a profound change, one which will significantly alter both current and future lawyers’ careers, and one which the profession as a whole has yet to fully understand or address.

As the number of law school graduates in this country continues to rise, together with their increasing amounts of debt, the effect of the recent recession can be seen in the low number of jobs and uncertain career prospects for young lawyers. Society as a whole is also still reeling from the downturn, with many people in dire need of legal services that they cannot afford.

Many describe this situation as a crisis; I believe it is an opportunity not to be wasted. Though the economic downturn has altered the legal job market drastically, a large portion of what it did was accelerate the pace of certain, necessary changes.

The state of the legal profession has been far from ideal for a long time: law students are not receiving a legal education that adequately prepares them for the demands of the legal workplace; young lawyers who are fortunate enough to be employed are no longer getting in-depth on-the-job training and high level experience, making it difficult for them to fully develop as professionals until much later in their career; and the profession’s lack of focus on public service has left many portions of the public under-served and in need of help. This abundance of fresh, eager young lawyers in need of professional training and experience, along with a rising public need for legal skills, presents opportunities that the profession has ignored for far too long.

Based on all the foregoing, the purpose of this work is an analysis of the concept of legal profession in jurisprudence

The history of the profession illustrates how lawyers had immense opportunities open to them to use their professional roles and standing as springboards to business and political endeavours, generating great personal wealth and influence. Additionally, they were ‘conceptive ideologists’, that is, the creators and transmitters of specialist discourses, some of which are our most important political languages. Lawyers were also institution-builders, constituting markets, states, civil society, community and colonial empires.

Indeed, the construction and legitimation of the liberal state and society, and the globalisation of liberal politics, probably owes much to lawyers. In sum, loath them or love them, what lawyers do, say and write is important.

The past 25 to 30 years have witnessed a sizeable aggregation of work on the histories of lawyers. This metamorphosis has been both quantitative and qualitative. The intellectual distance travelled by historians of law and legal institutions during this period has been considerable, reflecting major changes in mainstream historiography and the human sciences, as well as legal education, legal practice and society (including the reconfiguration and de-construction of law, professions and national identity).

Consequently, many of the traditional concerns and assumptions of lawyers’ legal history and the study of the professions have been turned on their heads.

The dominant tradition of historiography (including that pertaining to law and lawyers), at least in the period from the mid-nineteenth century to the mid-1970s, can be viewed as a species of nationalistic history, celebrating the rise of the modern nation-state. 

The description of the dominant version of British history has strong echoes with other national histories of the period—in Germany, France, the United States.

However, the dominant version of British history was merely a particular national variant of an ideology that has had universal appeal. Is there any nation that does not consider itself as unique? Around the world, historians and other human scientists helped to create and sustain the German, French, American, British, Canadian, Australian, Japanese etc exceptionalism tradition. As a result, they correspondingly deemphasised the transnational and multi-cultural elements of their legal, cultural, economic and political heritage.

This version of history writing is associated with the so-called Whig interpretation of history that consists of writing history backwards, thereby reconstituting the past as a teleology leading up to and fully manifested in the present. Consequently, the complexity of life in previous times is both unified and simplified. Ironically, this linear interpretation of the past owes much to the linguistic and professional practices of the early modern common lawyers.

It was further sustained by certain assumptions about the relationship between historical change and society best known as evolutionary functionalism.

We will describe the area work of the lawyers from two points of view: turnover and the nature of the legal service. The figures for turnover show that business clients are the most important group of clients for lawyers. More than 50 percent of the turnover comes from services primarily targeted towards business clients while 30 percent of the turnover comes from services primarily targeted towards private clients and 20 percent of the turnover comes from services targeted toward both business and private clients. The majority of the work consists of legal services outside the trials. In fact, the trials constitute merely 15 percent of the turnover of lawyers. There is a tendency to lawyers primarily working on complicated cases. The more complex and significant a case is, the more likely it is that a client will chose a lawyer as adviser.

The survey shows that the most important areas of business for lawyers are business advising, advising on property, private advising and civil trials. These four products comprise 65 percent of the turnover in the legal profession.

Different legal services are aimed toward different types of clients. A number of services are primarily aimed toward business clients. Other services are primarily aimed at private clients while a number of services are aimed at both business clients and private clients. Those services primarily aimed toward business clients generates more than half the turnover of the business.

The working area of lawyers can be described from the nature of the job. The market for legal services can be split into two dimensions: the complexity of the case and the importance of the case. The importance of the case is important for the clients’ willingness to pay. Business clients often are often willing to pay more than private clients. The legal complexity is critical to how many other advisers compete with the lawyers. The more complex the case is, the fewer competitors to lawyers.

Advice in competition cases is an example of a service with high complexity and high degree of willingness to pay where lawyers in reality do not meet competition from other advisers.

Contrarily, purchasing contracts between private individuals is an example of a service with low complexity and a low degree of willingness to pay where lawyers meet competition from many other players. Drawing up of property deeds is an example of a standard service with great value where lawyers compete against other advisers (estate agents).

 It is not financially viable to seek advice in cases with low value (low willingness to pay) and high complexity unless the costs are covered by free legal aid or by insurance. I.e. there is potentially a market that is not covered today. A consumer survey shows that half the people who choose not to use a lawyer for a legal problem do so because they think the legal service is too expensive18.

A lawyer is a member of the legal profession who has become officially qualified to act in legal matters. In most countries there is only one legal profession: all the lawyers receive roughly the same professional education and qualifications, and do legal work according to their specialisation and choice. A distinctive feature of the legal profession in England and Wales is that it is divided into two branches: barristers and solicitors. They have different legal training and different qualifications, and do different types of work. Barristers are 'courtroom lawyers' concerned with advocacy in court, arguing cases in front of the judge, and solicitors mainly deal with legal work out of court. No one can practise both as a barrister and a solicitor at the same time, but it is possible to be doubly qualified or to transfer from one branch to the other. This division is almost unique to the British Isles: Scotland too has a division into advocates and solicitors, but many Commonwealth countries have not followed Britain in this respect, and some, like Australia, have removed the division.

The two types of lawyer in England differ in several important respects. Barristers have rights of audience (rights to appear) in any court in the land and are known collectively as the Bar. They do not have to work entirely for the defence or for the prosecution but may alternate between the two, appearing in one case on the side of the defence and in another on the side of the prosecution. All professional barristers are self-employed and usually work out of chambers, offices which they share for convenience, and have their work organised by the same clerk. A barrister's clerk arranges court appearances and conferences (meetings) between clients, solicitors and barristers. He also negotiates the barristers' fees. Generally, a barrister undertakes no work except through a solicitor, however a small number of specialist barristers do not go into court at all, advising professional people, such as accountants, on legal matters and writing opinions at the request of solicitors on difficult and complicated areas of the law. As a general rule, clients do not have direct access to barristers, without seeing a solicitor first, and they do not pay the barrister directly but through a solicitor. A document of instructions prepared by a solicitor for a barrister to follow in court is known as a brief. It usually contains an outline of the case, the evidence and proof available, and statements or interviews of witnesses.

Solicitors' work covers a much broader range: they advise commercial and private clients on business and property matters; they investigate and prepare cases which they then hand to barristers; they also deal with litigation which is settled out of court. Until quite recently, solicitors had the right of audience only in lower courts, where they could represent clients themselves, without the help of a barrister. Now solicitors can qualify for rights of audience in the higher courts; they are then called solicitor-advocates (this route is particularly favoured by City lawyers). Solicitors are employed often by industry or local authorities but usually they work in partnerships with other solicitors. A firm of solicitors would normally consist of partners, those who take part in management and have a share in profits, and associates, who are salaried employees without these rights.