Legal profession is a profession in which legal professionals study, develop and apply law. Usually, there is a requirement for someone choosing a career in law to first pass a bar examination after obtaining a law degree or some other form of legal education such as an apprenticeship in a law office.
It is difficult to generalize about the structure of the profession, because
While in civil law countries there are usually distinct clearly defined career paths in law, such as judge, in common law jurisdictions there tends to be one legal profession, and it is not uncommon, for instance, that a requirement for a judge is several years of practising law privately.
In Ancient Athens, despite being the first centralized democracy, the profession of lawyer did not exist, there were only accusers and jurists in the courts, and trials lasted until the time of the clepsydra ended. The office of legal representative did not begin to exist until Ancient Rome, and with the arrival of the Middle Ages the profession went into decline until the Early modern age.
Historically, this has been the first legal specialization. In civil law countries, this is often a lifelong career. In common law legal system, on the other hand, judges are recruited from practising lawyers.
Practising law means advising and representing clients as a private practitioner or in a law firm. In most countries, law graduates need to undergo some sort of apprenticeship, membership in a professional organization and a licence.
The name for this profession is lawyer or attorney in most of the English-speaking world, and advocate in many other countries. The name for this profession in canon law is canonist or canon lawyer .
In civil law countries, but also some common law jurisdictions (notably the United States), there is one Law society for all lawyers who want to provide services to the public. But in the United Kingdom and some of its former colonies, there are two quite separate kinds of lawyers providing legal services to the public.
Solicitors advise clients, draft contracts for them and represent them in lower courts of law.
Barristers, also called counsels, are court specialists, who traditionally do not come into contact with their lay clients, but are instructed by solicitors. There is only about a 1-to-10 ratio of barristers to solicitors in most common law jurisdictions.
The prosecutors are the lawyers who defend the state of the country. The United States, being a federation, has more than one state in which it is represented by a district attorney, with assistants who represent each of the state districts. In the United Kingdom, these individuals are known as law officers of the Crown. These are headed by an Attorney General, unless it is private.
This term is rare and formal in English and can be used to refer to an expert on law, a legal scholar, or a judge. In other words, people who study, organize, teach, and thereby also create law, often working at universities, can be called jurists in formal English. In civil law countries, their role is greater because they draft codes, which are major laws that govern whole areas of law. In common law countries, the creation and interpretation of law has traditionally been the domain of judges.
A paralegal or legal assistant, according to one definition, is "a person, qualified by education, training or work experience who is employed or retained by a lawyer, law office, corporation, governmental agency or other entity and who performs specifically delegated substantive legal work for which a lawyer is responsible.” [1]
Like solicitors, CILEX [2] Lawyers advise clients, draft contracts for them and represent them in lower courts of law.
CILEX Lawyers will have taken a vocational route to qualification (the CILEX Professional Qualification - CPQ) and unlike solicitors are qualified to practise solely in their chosen area of specialism.
A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialize in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, researching the law and giving legal opinions.
A lawyer is a person who is qualified to offer advice about the law, draft legal documents, or represent individuals in legal matters.
An advocate is a professional in the field of law. Different countries and legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a barrister or a solicitor. However, in Scottish, Manx, South African, Italian, French, Spanish, Portuguese, Scandinavian, Polish, Israeli, South Asian and South American jurisdictions, "advocate" indicates a lawyer of superior classification.
In its most general sense, the practice of law involves giving legal advice to clients, drafting legal documents for clients, and representing clients in legal negotiations and court proceedings such as lawsuits, and is applied to the professional services of a lawyer or attorney at law, barrister, solicitor, or civil law notary. However, there is a substantial amount of overlap between the practice of law and various other professions where clients are represented by agents. These professions include real estate, banking, accounting, and insurance. Moreover, a growing number of legal document assistants (LDAs) are offering services which have traditionally been offered only by lawyers and their employee paralegals. Many documents may now be created by computer-assisted drafting libraries, where the clients are asked a series of questions that are posed by the software in order to construct the legal documents. In addition, regulatory consulting firms also provide advisory services on regulatory compliance that were traditionally provided exclusively by law firms.
A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to practise there as such. For example, in England and Wales a solicitor is admitted to practise under the provisions of the Solicitors Act 1974. With some exceptions, practising solicitors must possess a practising certificate. There are many more solicitors than barristers in England; they undertake the general aspects of giving legal advice and conducting legal proceedings.
The call to the bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party and are then said to have been "called to the bar" or to have received "call to the bar". "The bar" is now used as a collective noun for barristers, but literally referred to the wooden barrier in old courtrooms, which separated the often crowded public area at the rear from the space near the judges reserved for those having business with the court. Barristers would sit or stand immediately behind it, facing the judge, and could use it as a table for their briefs.
A paralegal, also known as a legal assistant, or paralegal specialist is a legal professional who performs tasks that require knowledge of legal concepts but not the full expertise of a lawyer with an admission to practice law. The market for paralegals is broad, including consultancies, companies that have legal departments or that perform legislative and regulatory compliance activities in areas such as environment, labor, intellectual property, zoning, and tax. Legal offices and public bodies also have many paralegals in support activities using other titles outside of the standard titles used in the profession. There is a diverse array of work experiences attainable within the paralegal field, ranging between internship, entry-level, associate, junior, mid-senior, and senior level positions.
In law, the bar is the legal profession as an institution. The term is a metonym for the line that separates the parts of a courtroom reserved for spectators and those reserved for participants in a trial such as lawyers.
A Bachelor of Laws is an undergraduate law degree offered in most common law countries as the primary law degree and serves as the first professional qualification for legal practitioners. This degree requires the study of core legal subjects and jurisprudence to provide a comprehensive understanding of the legal system and its function. The LLB curriculum is designed to impart a thorough knowledge of legal principles, legal research skills, and a sound understanding of the roles and responsibilities of lawyers within society. This degree is often a prerequisite for taking bar exams or qualifying as a practising lawyer, depending on the jurisdiction. Additionally, the LLB program also serves as a foundation for further legal education, such as a Master of Laws (LLM) or other postgraduate studies in law.
A bar examination is an examination administered by the bar association of a jurisdiction that a lawyer must pass in order to be admitted to the bar of that jurisdiction.
Legal executives are a kind of trained legal professional in certain jurisdictions. They often specialise in a particular area of law. A legal executive usually receives both vocational training and academic training.
Barristers in England and Wales are one of the two main categories of lawyer in England and Wales, the other being solicitors. Barristers have traditionally had the role of handling cases for representation in court, both defence and prosecution.
The Chartered Institute of Legal Executives (CILEX) is the professional body for paralegals, CILEX lawyers and other specialist legal professionals in England and Wales.
An admission to practice law is acquired when a lawyer receives a license to practice law. In jurisdictions with two types of lawyer, as with barristers and solicitors, barristers must gain admission to the bar whereas for solicitors there are distinct practising certificates.
The Solicitors Regulation Authority (SRA) is the regulatory body for solicitors in England and Wales.
A training contract is a compulsory period of practical training in a law firm for law graduates before they can qualify as a solicitor in the United Kingdom (UK), the Republic of Ireland, Australia or Hong Kong, or as an advocate and solicitor in Singapore. During the training period, the participant is known as a trainee solicitor or trainee lawyer. Since 2021 this has been replaced by Qualifying Work Experience in the UK.
The legal profession has its origins in ancient Greece and Rome. Although in Greece it was forbidden to take payment for pleading the cause of another, the rule was widely flouted. After the time of Claudius, lawyers could practise openly, although their remuneration was limited. A skilled and regulated profession developed gradually during the late Roman Empire and the Byzantine Empire: advocates acquired more status, and a separate class of notaries (tabelliones) appeared.
The Legal profession in England and Wales is divided into two distinct branches under the legal system, those of solicitors and barristers. Other legal professions in England and Wales include acting as a judge, as the Attorney-General, as the Solicitor-General, or as the Director of Public Prosecutions.
Anton-Hermann Chroust was a German-American jurist, philosopher and historian, from 1946 to 1972, professor of law, philosophy, and history, at the University of Notre Dame. Chroust was best known for his 1965 book The Rise of the Legal Profession in America.
The history of the American legal profession covers the work, training, and professional activities of lawyers from the colonial era to the present. Lawyers grew increasingly powerful in the colonial era as experts in the English common law, which was adopted by the colonies. By the 21st century, over one million practitioners in the United States held law degrees, and many others served the legal system as justices of the peace, paralegals, marshals, and other aides.