Thus, many lawyers took the British side in the American Revolution, and, even among the lawyers who took the other side, the predominant influence was against any attempt to turn the political revolution into a socioeconomic revolution. Plato and Aristotle condemned the advocate as one who was paid to make the worse cause appear the better or who endeavoured by sophisticated tricks of argument to establish as true what any person of common sense could see was false. The language used by the lawyer, jurist, and the legislative drafts man in their professional capacities. The distinction between non-professional and professional jobs is often fuzzy and in flux. career choices in the legal profession 666 v. scope of the practice of law 668 vi. In most countries such activities constitute the largest area of lawyerly activity, whether considered with respect to the number of lawyers involved, the time spent on the task, or the number of clients affected. This belief was revived during the first three decades of communist rule in China, especially during the Cultural Revolution (1966–76). A profession is a calling and implies acquisition of a fond of knowledge, range skills and their application in service of humanity. Leading lawyers have usually been socially prominent and respected—the sections of the profession so favoured varying with the general structure of the law in the particular community. In the transactional type the lawyer is concerned with the validity or legal efficacy of a transaction independent of any immediate concern with the outcome of litigation. Since the late Roman Empire, advocates in many countries have been required to take oaths to this effect, and lawyers have often technically been classed as “officers of court.” The duty of the advocate, so conceived, is to fight for the rights of his client, but only up to the point where an honourable person could fairly put the case on his own behalf. Being a legal professional can be tiring yet very much exciting and rewarding since he is capable of affecting many of people's lives. If future conduct is involved, he is better placed to help his client plan a course of action that will achieve the desired outcome in the most economical fashion that the law permits and in a manner that minimizes the chances of future litigation. The organized legal profession has in some jurisdictions endeavoured to meet the problem of litigious advocacy by contending that the dominant duty of the advocate is not to the client but to the truth and the law. Regulation of the practice of law and the business of law should be bifurcated. The legal profession has always had an ambiguous social position. legal education and the development of legal skills 664 iv. This is an Act to amend and consolidate the law relating to legal practitioners and to provide for the constitution of Bar Councils and Bar Council of India. Depending on the legal professions degree you choose, obtaining your diploma can take anwhere from 1 to 4+ years. Ring in the new year with a Britannica Membership, Regulation by statutes and bar associations. You are their translator: you speak on their behalf and help them understand what is going on. The legal profession is increasingly linked to large corporate and government institutions, and lawyers' incomes are above the state average. Legal language has varies like local legal … In a few cases this has been the consequence of a general hostility to the whole idea of law. organization, the legal profession in this country has on the whole preserved a tradition of solidarity and traditional in-cidents of professional organization which have been of much value for our administration of justice. Lily Isabel Thomas 1964CriLJ724 the Supreme Court equated “right to practice” with “entitlement to practice”. ); and adjusting the ownership and control of property and income to comply with the requirements of taxation laws and minimize their impact on the property and income in question, to ensure the proper management of the assets and distribution of the proceeds among beneficiaries (as in estate planning), or both. Second is the trial proper, in which the facts and law are established and argued before the judge and a decision is made. The legal function likely to be most distrusted by the average person—though it also produces some of the law’s heroes—is litigious advocacy, particularly in the criminal law. Admission to the Profession. Typical activities falling in this category today include the following: transferring interests in land; transmitting property on death; settling property within a family; making an agreement (especially a commercial agreement of some complexity and duration); incorporating or dissolving a corporate entity; varying the terms on which a corporate entity is conducted (classes of shares, managerial rights, distribution of profits, etc. Central clearinghouse of ABA-related information and resources for attorneys, the legal profession and the public on a wealth of issues addressing bias, racism and prejudice in the justice system and society. This is quite different from the system practiced in England. the role of judges 672 x. judicial influence 673 xi. Where there is no public confidence in the legal profession, trust in the justice system itself is undermined. Free legal advice visit BATASnatin YouTube for more details! Third is the execution of the judgment—payment of damages, delivery of property, or performance of obligation in civil cases; payment of fine or imprisonment, etc., in criminal cases. A professional job is generally one in which someone takes on the professional mannerisms and roles of a given position. 2 It is also one of the m ost challenging pro fessions in the worl d First is the preparation of the case: interviewing the client and investigating the circumstances on the basis of leads provided by the client, attending to the formal requirements of the procedure in question—which may involve writs, summonses, and statements of claim or defense—and preparing for trial. LUNDBERG, "THE LEGAL PROFESSION A SOCIAL PHENOMENON" The. BUT in order to get it, I have to send them forms and information by next Friday, which include a 250 word statement describing my "personal characteristics that are associated with the highest standards of the legal profession." Fusion of legal profession: In a Nigeria the legal profession is fused. 1) Organisation of its member for the performance of their functions. The legal profession has always been considered a noble profession. In deciding who among the best of the American legal profession to nominate, the President of the United States often goes by who has the most political connections or experience. Further experience persuaded these governments that there was room for “socialist legality” and for lawyers to serve it. It also provided constitution of Bar Councils and All Indian Bar. 2) Maintenance of site and standard, intellectual and ethical, for the dignity of the profession. The prevailing attitude of the legal profession, however, is one of moderation. It must be based on moral freedom, a high level of general and legal culture and extensive professional experience. In India, an individual can become a lawyer after clearing the All India Bar Examinations. The fundamental characteristics of a profession: Great responsibility Professionals deal in matters of vital importance to their clients and are therefore entrusted with grave responsibilities and obligations. Tech-savviness is one of the most sought-after characteristics by employers when reviewing candidates for legal positions. They services rendered by a professional may be direct as will the case of teachers and doctors or indirect as is in the case of teacher educators i.e. the role of judges 672 x. judicial influence 673 xi. If incidental disputes concerning procedure have to be litigated, he is likely to conduct the proceedings; and, if the procedure includes a pretrial conference, he is likely to represent the client. 2 It is also one of the most … Right of practice The expression ‘right to practice’, in context of the legal profession refers to the exclusive right of persons enrolled as advocates to engage in practice of law before courts and tribunals. The History of the American legal profession covers the work, training, and professional activities of lawyers from the colonial era to the present. Being a lawyer is like being a tour guide in a foreign country. If there were any real desire for reform in the profession, it would probably be accomplished in short order. Legal Profession: Challenges and Prospects & The Art of Advocacy worse appear the better reason,’ is one to which many lay minds appears incompatible with truth and justice. The profession of legal practice is one of the most highly regarded occupations in the world. The paralegal profession has grown and expanded over the last few decades to encompass so many different positions and roles that it would be impossible to choose just five traits as the most important traits you need to have in order to be a successful paralegal. Along with these ideological and political reasons for popular distrust, and even more deep-seated, are the inherent difficulties associated with law and with some legal functions. Non-Professional Vs. Professional Jobs. In Nigeria when one is called to bar, it is termed Barrister and solicitor of the Supreme Court. The paralegal profession has grown and expanded over the last few decades to encompass so many different positions and roles that it would be impossible to choose just five traits as the most important traits you need to have in order to be a successful paralegal. There is one difference, however. There are essentially two main branches of the legal profession – solicitors and barristers. 9.Legal Profession including the Advocates Act, 1961 (25 of 1961) and persons entitled to practice before High Courts. They generally receive instructions through solicitors. They should set a good example to people in abiding by the laws of the land. And, while noting that efforts to discharge the four responsibilities will entail allocation of resources and trade-offs, we maintain that The job description of a lawyer includes representing his/her clients in a court of law, in a particular case. Learn More Advocacy & Initiatives. The legal profession is a ‘vocation that is based on expertise in the law and in its applications.’ Those who pursue these ‘vocations’ collectively form a ‘body of individuals who are qualified to practice law in particular jurisdictions. Legal profession, vocation that is based on expertise in the law and in its applications. Protection of the Environment and Natural Resources. legal aid for the indigent 671 ix. The early Italian doctors of civil and canon law (12th–15th centuries) were revered throughout Europe. Whatever the profession, it can be practiced well or ill and the guilt of a few cannot be regarded as the disposition of the many. Be on the lookout for your Britannica newsletter to get trusted stories delivered right to your inbox. The Lawyers are considered to be the center of the administration of justice. Professionalism includes standards for behavior and the employee's ability to embody the company's values and do what their employer expects of them. The legal profession has been created not for private gain but forpublic good. Law being a technical subject speaks through its own register. Actually, the legal profession as it exists today was created and developed during British period. The feeling against advocacy in the criminal law was so strong that, at least in cases involving more serious kinds of crime, a right to representation by a trained advocate was nowhere generally recognized until the 18th century. Lawyers in the U.S., the world’s largest legal market, regulate both. The primary characteristics which distinguish the legal profession from business are: (a) “a duty of public service of which emolument is a by-product, and in which one may attain the highest eminence without making much money”, (b) “a relation as officer of the court to the administration of justice involving thorough sincerity, integrity, and reliability”, (c) “a relation to client in the highest degree fiduciary”, and (d) “a relation to colleagues at the bar characterized by candor, fairness, and unwillingness to resort to current business methods of advertising and encroachment on their practice, or dealing directly with their clients”. There is an inherent conservatism to the legal profession, owing to its commitment to working chiefly through existing institutions and to the fact that law itself is predominantly intended to satisfy expectations arising from inherited patterns of behaviour. The right to independence is one of the key characteristics of the lawyer profession. The English serjeants lived magnificently, especially in Elizabethan times, and the French Ordre des Avocats was established (14th century) by feudal aristocrats in circumstances reminiscent of early Rome—including an insistence on receiving gifts rather than fees. Solicitors advise individuals and organisations on legal matters and ensure that their clients act in accordance with the law. If the events constituting the transaction in question happen before the lawyer is consulted, he can only advise on their legal significance and perhaps suggest methods of overcoming legal deficiencies in what has been done. Client-directed lawyers often are called counselors, but in the original sense of that word—giving advice as to how the law stands—this is rarely an independent function; it is an inseparable part of other functions. By signing up for this email, you are agreeing to news, offers, and information from Encyclopaedia Britannica. There are aro… Many people would like law to be so clear that its application is equally certain in all cases and so simple that any person of sense can readily see how it applies. Otherwise, the first and third stages are mainly the province of the procurator or solicitor. Individual lawyers, nevertheless, occasionally have been on the side of revolutionaries and rebels; Robespierre and Lenin were both lawyers, to cite two extreme cases. Leading lawyers have usually been socially prominent and respected—the sections of the profession so favoured varying with the general structure of the law in the particular community. characteristics of legal practice 669 vii. Law is a profession and an industry. Consequently, the essence of profession lies in 3 things. It amended and consolidated the laws relating to legal practitioners. In his client-directed activities the lawyer is concerned with how the law affects specific circumstances, which can for convenience be divided into two main types: transactional and litigious. There are awards of different amounts and I gather that the more impressive statements can get you more $$$$$. In the fused professions of North America, some firms of attorneys, or departments within firms, specialize in business of this type and avoid, so far as they can, the litigious function. It is a self-contained Code of Law relating to legal profession and this Act extends to the whole of India. In the divided professions the sharing of these functions is intricate and varies between one system and another. Hierarchy of courts in Nigerian legal system 4. Technology has found its way into every aspect of law practice, and legal professionals are proficient at a growing variety of word processing, database, spreadsheet, telecommunications and legal research software programs. legal aid for the indigent 671 ix. ... Population and Social Characteristics. In the Romano-Germanic systems it is the notaries and the advocates who have come to be most trusted or admired, the judiciary being more closely identified with the civil service. In England and the countries influenced by its system, the highest prestige gradually came to be conferred on the judges rather than on the order of serjeants, of which the judges were members; even now, the judges of high-level courts in liberal-democratic common-law countries tend to enjoy appreciably greater respect than their brethren at the bar. After independence, the 1961 advocates act was promulgated. The legal profession is arguably the single most re searched aspect of law in legal scholarship and socio-legal studies. Technology has found its way into every aspect of law practice, and legal professionals are proficient at a growing variety of word processing, database, spreadsheet, telecommunications and legal research software programs. These characteristics make the law a noble profession, and the privilege to practice it is bestowed only upon individuals who are competent intellectually, academically and morally. Like any other class of professionals, such as doctors, scientists and engineers, lawyers also have a certain standard to follow, which the legal profession requires. organization, the legal profession in this country has on the whole preserved a tradition of solidarity and traditional in-cidents of professional organization which have been of much value for our administration of justice. Legal Professions programs offered by schools range from a associate's to a professional practice doctorate, which is the highest legal professions degree you can get. The family status of early Roman jurisconsults may have been more important than their legal expertise in securing such a position, but by the time of the principate it was their legal eminence that made them respected. specialization 670 viii. Professional characteristics refer to the qualities a person exemplifies in a business environment. Social conflicts are heightened by the chicaneries lawyers describe as part of their duties. Professionalism is necessary for the long-term success of any business, large or small. Barristers represent clients in court and give specialist opinions on complex legal matters. characteristics of legal practice 669 vii. The legal profession is arguably the single most re searched aspect of law in legal scholarship and socio-legal studies. Similar stages arise on appeal. It has been created by the state for the public good. But in a discipline sharing the imperfection and complexity of society itself, no such situation is attainable, and lawyers are consequently blamed for the basic difficulty of their craft—which, it must be said, they sometimes compound by multiplying obscurities, contradictions, and complexities. Recovery of Real or Personal Property, Damages, etc... Non-payment / Underpayment of Salaries and Benefits. Tech-savviness is one of the most sought-after characteristics by employers when reviewing candidates for legal positions. It is a branch of the administration of justice. career choices in the legal profession 666 v. scope of the practice of law 668 vi. Creativity: A lawyer should be creative in his/her arguments for a case. Your clients don't know the territory or speak the language. The litigious function is subdivided into three main stages. the legal profession: increasing the cost of becoming a lawyer while reducing the competition from other more effective and efficient providers of legal or legally related services. BATASnatin LIVE! legal education and the development of legal skills 664 iv. In the Romano-Germanic systems many of these functions are discharged by notaries, and in the English and similar divided systems they are performed by solicitors, though in difficult situations the opinions of advocates or barristers may be obtained. There are awards of different amounts and I gather that the more impressive statements can get you more $$$$$. Its basic ideal is to render service and to secure justice for those who seek its aid. Yet, along with this high repute, sustained over two millennia, lawyers have also engendered tremendous distrust and even hatred in many societies. teacher of a teacher. Legal language means a language used by the persons connected to the legal profession. Others have agreed that, particularly in a highly adversarial legal system such as that of the United States, lawyers are obliged to advocate zealously for their clients, even if they disagree with the client’s position or views, provided that they neither misrepresent the law nor misstate the facts (see legal ethics). In the Soviet Union, for example, the early leaders (1917–22) imagined that law and lawyers were the instruments of the ruling classes and that law would soon wither away in classless communism (see Soviet law). Whatever the profession, it can be practiced well or ill and the guilt of a few cannot be regarded as the disposition of the many. The legal profession is not a business but a profession. very existence of a legal profession presupposes a society torn by conflicts. The right to independence is one of the key characteristics of the lawyer profession. There are over 100,000 practising solicitors within the legal profession in England and Wales, governed by the Solicitors Regulation Authority. The Legal Profession plays an important role in the administration of Justice. specialization 670 viii. Legal profession in India is governed by ‘The Advocates Act, 1961’. In Re. Creativity is required not only … the legal profession is linked to how the public views the administration of justice. Mobile Globe: +63 (915) 954-6080Mobile Smart: +63 (949) 589-8377 Landline: (632) 359-4203, 2nd Floor LC Building, 31 Gen. Luna St., Tuktukan 1632 Taguig City, Philippines, © 2021 BATASnatin - Filipino's Comprehensive Online Law Resource and Community. BUT in order to get it, I have to send them forms and information by next Friday, which include a 250 word statement describing my "personal characteristics that are associated with the highest standards of the legal profession."