Lawyers - What They Do
The legal system affects nearly every aspect of our society, from buying a home to crossing the street. Lawyers form the backbone of this system, linking it to society in numerous ways. 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 about 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 clients.
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 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, elder, or environmental law. Those specializing in, for example, environmental law may represent interest groups, waste disposal companies, or construction firms in their dealings with the U.S. Environmental Protection Agency and other Federal and State agencies. These lawyers help clients prepare and file for licenses and applications for approval before certain activities are permitted to occur. 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. Other lawyers advise insurance companies about the legality of insurance transactions, guiding the company in writing insurance policies to conform to 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—civil or criminal—concentrating on particular causes and choosing cases that might have an impact on the way law is applied. Lawyers sometimes are employed full time by a single client. If the client is a corporation, the lawyer is known as “house 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. Some work for State attorneys general, prosecutors, and public defenders in criminal courts. 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—private, nonprofit organizations established to serve disadvantaged people. These lawyers generally handle civil, rather than criminal, cases.
Lawyers are increasingly using various forms of technology to perform more efficiently. Although all lawyers continue to use law libraries to prepare cases, most 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 materials. Lawyers must be geographically mobile and able to reach their clients in a timely matter, so they might use electronic filing, Web and videoconferencing, mobile electronic devices, and voice-recognition technology to share information more effectively.
Lawyers do most of their work in offices, law libraries, and courtrooms. They sometimes meet in clients’ homes or places of business and, when necessary, in hospitals or prisons. They may travel to attend meetings, gather evidence, and appear before courts, legislative bodies, and other authorities. They also may face particularly heavy pressure when a case is being tried. Preparation for court includes understanding the latest laws and judicial decisions.
Salaried lawyers usually have structured work schedules. Lawyers who are in private practice or those who work for large firms may work irregular hours, including weekends, while conducting research, conferring with clients, or preparing briefs during nonoffice hours. Lawyers often work long hours; of those who work full time, about 33 percent work 50 or more hours per week.
Becoming a lawyer usually takes 7 years of full-time study after high school—4 years of undergraduate study, followed by 3 years of law school. Law school applicants must have a bachelor’s degree to qualify for admission. To meet the needs of students who can attend only part time, a number of law schools have night or part-time divisions.
Although there is no recommended “prelaw” undergraduate major, prospective lawyers should develop proficiency in writing and speaking, reading, researching, analyzing, and thinking logically—skills needed to succeed both in law school and in the law. Regardless of major, a multidisciplinary background is recommended. Courses in English, foreign languages, public speaking, government, philosophy, history, economics, mathematics, and computer science, among others, are useful. Students interested in a particular aspect of law may find related courses helpful. For example, prospective patent lawyers need a strong background in engineering or science, and future tax lawyers must have extensive knowledge of accounting.
Acceptance by most law schools depends on the applicant’s ability to demonstrate an aptitude for the study of law, usually through undergraduate grades, the Law School Admission Test (LSAT), the quality of the applicant’s undergraduate school, any prior work experience, and sometimes, a personal interview. However, law schools vary in the weight they place on each of these and other factors.
All law schools approved by the American Bar Association (ABA) require applicants to take the LSAT. As of June 2008, there were 200 ABA-accredited law schools; others were approved by State authorities only. Nearly all law schools require applicants to have certified transcripts sent to the Law School Data Assembly Service, which then submits the applicants’ LSAT scores and their standardized records of college grades to the law schools of their choice. The Law School Admission Council administers both this service and the LSAT. Competition for admission to many law schools—especially the most prestigious ones—is usually intense, with the number of applicants greatly exceeding the number that can be admitted.
During the first year or year and a half of law school, students usually study core courses, such as constitutional law, contracts, property law, torts, civil procedure, and legal writing. In the remaining time, they may choose specialized courses in fields such as tax, labor, or corporate law. Law students often gain practical experience by participating in school-sponsored legal clinics; in the school’s moot court competitions, in which students conduct appellate arguments; in practice trials under the supervision of experienced lawyers and judges; and through research and writing on legal issues for the school’s law journals.
A number of law schools have clinical programs in which students gain legal experience through practice trials and projects under the supervision of lawyers and law school faculty. Law school clinical programs might include work in, for example, legal-aid offices or on legislative committees. Part-time or summer clerkships in law firms, government agencies, and corporate legal departments also provide valuable experience. Such training can lead directly to a job after graduation and can help students decide what kind of practice best suits them. Law school graduates receive the degree of juris doctor (J.D.), a first professional degree.
Advanced law degrees may be desirable for those planning to specialize, perform research, or teach. Some law students pursue joint degree programs, which usually require an additional semester or year of study. Joint degree programs are offered in a number of areas, including business administration or public administration.
After graduation, lawyers must keep informed about legal and nonlegal developments that affect their practices. In 2008, 46 States and jurisdictions required lawyers to participate in mandatory continuing legal education. Many law schools and State and local bar associations provide continuing education courses that help lawyers stay abreast of recent developments. Some States allow continuing education credits to be obtained through participation in seminars on the Internet.
To practice law in the courts of any State or other jurisdiction, a person must be licensed, or admitted to its bar, under rules established by the jurisdiction’s highest court. All States require that applicants for admission to the bar pass a written bar examination; most States also require applicants to pass a separate written ethics examination. Lawyers who have been admitted to the bar in one State occasionally may be admitted to the bar in another without taking another examination if they meet the latter jurisdiction’s standards of good moral character and a specified period of legal experience. In most cases, however, lawyers must pass the bar examination in each State in which they plan to practice. Federal courts and agencies set their own qualifications for those practicing before or in them.
To qualify for the bar examination in most States, an applicant must earn a college degree and graduate from a law school accredited by the ABA or the proper State authorities. ABA accreditation signifies that the law school—particularly its library and faculty—meets certain standards. With certain exceptions, graduates of schools not approved by the ABA are restricted to taking the bar examination and practicing in the State or other jurisdiction in which the school is located; most of these schools are in California.
Although there is no nationwide bar examination, 48 States, the District of Columbia, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands require the 6-hour Multistate Bar Examination (MBE) as part of their overall bar examination; the MBE is not required in Louisiana or Washington. The MBE covers a broad range of issues, and sometimes a locally prepared State bar examination is given in addition to it. The 3-hour Multistate Essay Examination (MEE) is used as part of the bar examination in several States. States vary in their use of MBE and MEE scores.
Many States also require the Multistate Performance Test to test the practical skills of beginning lawyers. Requirements vary by State, although the test usually is taken at the same time as the bar exam and is a one-time requirement.
In 2008, law school graduates in 52 jurisdictions were required to pass the Multistate Professional Responsibility Examination (MPRE), which tests their knowledge of the ABA codes on professional responsibility and judicial conduct. In some States, the MPRE may be taken during law school, usually after completing a course on legal ethics.
The practice of law involves a great deal of responsibility. Individuals planning careers in law should like to work with people and be able to win the respect and confidence of their clients, associates, and the public. Perseverance, creativity, and reasoning ability also are essential to lawyers, who often analyze complex cases and handle new and unique legal problems.
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.