Lawyers

In practice, legal jurisdictions exercise their right to determine who is recognized as being a
lawyer; as a result, the meaning of the term "lawyer" may vary from place to place.[4]

 In Australia the word "lawyer" is used to refer to both barristers and solicitors (whether in
private practice or practising as corporate in-house counsel).
 In Canada, the word "lawyer" only refers to individuals who have been called to the bar or
have qualified as civil law notaries in the province of Quebec. Common law lawyers in
Canada may also be known as "barristers and solicitors", but should not be referred to as
"attorneys", since that term has a different meaning in Canadian usage. However, in Quebec,
civil law advocates (or avocats in French) often call themselves "attorney" and sometimes
"barrister and solicitor".
 In England and Wales, "lawyer" is used loosely to refer to a broad variety of law-trained
persons. It includes practitioners such asbarristers, solicitors, legal executives and licensed
conveyancers; and people who are involved with the law but do not practise it on behalf of
individual clients, such as judges, court clerks, and drafters of legislation.
 In India, the term "lawyer" is often colloquially used, but the official term is "advocate" as
prescribed under the Advocates Act, 1961.[5]
 In Scotland, the word "lawyer" refers to a more specific group of legally trained people. It
specifically includes advocates and solicitors. In a generic sense, it may also include judges
and law-trained support staff.
 In the United States, the term generally refers to attorneys who may practice law; it is
never used to refer to patent agents[6] orparalegals.[7]
 Other nations tend to have comparable terms for the analogous concept.

[edit]Responsibilities

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.[8][9] 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;[10] rather, their legal professions consist of a large number of different
kinds of law-trained persons, known asjurists, of which only some are advocates who are
licensed to practice in the courts.[11][12][13] 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.[14]

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, though these two types did not always
monopolize the practice of law as much as barristers and solicitors, in that they always coexisted
with civil law notaries.[15][16][17]

Several countries that originally had two or more legal professions have
since fused or united their professions into a single type of lawyer.[18][19][20][21] Most countries in this
category are common law countries, though France, a civil law country, merged together its
jurists in 1990 and 1991 in response to Anglo-American competition.[22] In countries with fused
professions, a lawyer is usually permitted to carry out all or nearly all the responsibilities listed
below.

[edit]Oral argument in the courts

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.[23] However, the boundary
between barristers and solicitors has evolved. In England today, the barrister monopolycovers
only appellate courts, and barristers must compete directly with solicitors in many trial courts.[24] 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 juremonopoly 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.[25] In other countries, like Venezuela, no one may appear before a
judge unless represented by a lawyer.[26] 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.[27][28]

[edit]Research and drafting of court papers

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 labour is that a solicitor will obtain the facts of the case from the
client and then brief a barrister (usually in writing).[29] The barrister then researches and drafts the
necessary court pleadings (which will be filed and served by the solicitor) and orally argues the
case.[30]

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.[31]

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.[32]

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

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).[33] 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.[34]

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

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 his or her fees to the client.[35][36]

In England, only solicitors were traditionally in direct contact with the client.[37] The solicitor
retained a barrister if one was necessary and acted as an intermediary between the barrister and
the client.[38] In most cases a barrister would be 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.[39][40]

[edit]Legal advice
Main article: Legal advice

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
nolawsuit is contemplated or is in progress.[41][42][43] 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.[44]

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.[45][46] Some
countries go further; in England and Wales, there is no general prohibition on the giving of legal
advice.[47] Sometimes civil law notaries are allowed to give legal advice, as in Belgium.[48] In many
countries, non-jurist accountants may provide what is technically legal advice in tax and
accounting matters.[49]

[edit]Protecting intellectual property

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.[32][50]

[edit]Negotiating and drafting contracts

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.[51] In
others, jurists or notaries may negotiate or draft contracts.[52]

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).[53]

[edit]Conveyancing

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).[54] 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),[55] and a 1978 study showed that
conveyancing "accounts for as much as 80 percent of solicitor-client contact in New South
Wales."[56] In most common law jurisdictions outside of the United States, this monopoly arose
from an 1804 law[57]that was introduced by William 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.[58]
In others, the use of a lawyer is optional and banks, title companies, or realtors may be used
instead.[59] In some civil law jurisdictions, real estate transactions are handled by civil law notaries.
[60]
In England and Wales a special class of legal professional–the licensed conveyancer–is also
allowed to carry out conveyancing services for reward.[61]

[edit]Carrying out the intent of the deceased

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.[52]

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).[62]

[edit]Prosecution and defense of criminal suspects

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.[63] 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.[64]

[edit]Education

Main article: Legal education

The educational prerequisites to 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.[65] Law students in those countries pursue a Master or Bachelor 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.[66]

In other countries, particularly the United States, law is primarily taught at law schools. In the
United States[67] and countries following the American model, (such as Canada[68] 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 many in Canada 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.[69]

The methods and quality of legal education vary widely. Some countries require extensive clinical
training in the form of apprenticeships or special clinical courses.[70] Others, like Venezuela, do
not.[71] 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).[72][73] 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).[74][75][76] 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.[77]

Some countries, particularly industrialized ones, have a traditional preference for full-time law
programs,[78] while in developing countries, students often work full- or part-time to pay the tuition
and fees of their part-time law programs.[79][80]

Law schools in developing countries share several common problems, such as an overreliance
on practicing judges and lawyers who treat teaching as a part-time hobby (and a concomitant
scarcity of full-time law professors);[81][82] incompetent faculty with questionable credentials;[83] and
textbooks that lag behind the current state of the law by two or three decades.[81][84]

[edit]Earning the right to practice law

Main article: Admission to practice law

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.
[85]
Mexico allows anyone with a law degree to practice law.[86] 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.[85][87][88] 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).[89]

Some countries require a formal apprenticeship with an experienced practitioner, while others do
not.[90] 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).[91]
[edit]Career

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

[edit]Common law/civil law

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, law
professor, or politician.[92] There are also many non-legal jobs which legal training is good
preparation for, such as corporate executive, government administrator, investment
banker, entrepreneur, or journalist.[93] 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.[94]

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. After one earns a law degree, career mobility may be severely constrained.[95] For example,
unlike their American counterparts,[96] it is difficult for German judges to leave the bench and
become advocates in private practice.[97] 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.[98]

In a few civil law countries, such as Sweden,[99] the legal profession is not rigorously bifurcated
and everyone within it can easily change roles and arenas.

[edit]Specialization

In many countries, lawyers are general practitioners who will take almost any kind of case that
walks in the door.[100] In others, there has been a tendency since the start of the 20th century for
lawyers to specialize early in their careers.[101][102] 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.[103]

[edit]Organization
Main article: Law firm

Lawyers in private practice generally work in specialized businesses known as law firms,[104] with
the exception of English barristers. The vast majority of law firms worldwide are small
businesses that range in size from 1 to 10 lawyers.[105] The United States, with its large number of
firms with more than 50 lawyers, is an exception.[106] 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 and Wales and some states in Australia do not work in "law firms".
Those who offer their services to the general public—as opposed to those working "in house"—
are required to be self-employed.[107] 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.

[edit]Professional associations and regulation

[edit]Mandatory licensing and membership in professional
organizations
In some jurisdictions, either the judiciary[108] or the Ministry of Justice[109] directly supervises the
admission, licensing, and regulation of lawyers.

Other jurisdictions, by statute, tradition, or court order, have granted such powers to a
professional association which all lawyers must belong to.[110] In the U.S., such associations are
known as mandatory, integrated, or unified bar associations. In the Commonwealth of Nations,
similar organizations are known as Inns of Court, bar councils or law societies.[111] In civil law
countries, comparable organizations are known as Orders of Advocates,[112] Chambers of
Advocates,[113] Colleges of Advocates,[114] Faculties of Advocates,[115] or similar names. Generally,
a nonmember caught practicing law may be liable for the crime of unauthorized practice of law.[116]

In common law countries with divided legal professions, barristers traditionally belong to the bar
council (or an Inn of Court) and solicitors belong to the law society. In the English-speaking world,
the largest mandatory professional association of lawyers is the State Bar of California, with
200,000 members.

Some countries admit and regulate lawyers at the national level, so that a lawyer, once licensed,
can argue cases in any court in the land. This is common in small countries like New Zealand,
Japan, and Belgium.[117] Others, especially those with federal governments, tend to regulate
lawyers at the state or provincial level; this is the case in the United States,[118] Canada,
[119]
Australia,[120] and Switzerland,[121] to name a few. Brazil is the most well-known federal
government that regulates lawyers at the national level.[122]
Some countries, like Italy, regulate lawyers at the regional level,[123] and a few, like Belgium, even
regulate them at the local level (that is, they are licensed and regulated by the local equivalent of
bar associations but can advocate in courts nationwide).[124] In Germany, lawyers are admitted to
regional bars and may appear for clients before all courts nationwide with the exception of
the Federal Court of Justice of Germany (Bundesgerichtshof or BGH); oddly, securing admission
to the BGH's bar limits a lawyer's practice solely to the supreme federal courts and the Federal
Constitutional Court of Germany.[125]

Generally, geographic limitations can be troublesome for a lawyer who discovers that his client's
cause requires him to litigate in a court beyond the normal geographic scope of his license.
Although most courts have special pro hac vice rules for such occasions, the lawyer will still have
to deal with a different set of professional responsibility rules, as well as the possibility of other
differences in substantive and procedural law.

Some countries grant licenses to non-resident lawyers, who may then appear regularly on behalf
of foreign clients. Others require all lawyers to live in the jurisdiction or to even hold national
citizenship as a prerequisite for receiving a license to practice. But the trend in industrialized
countries since the 1970s has been to abolish citizenship and residency restrictions. For
example, the Supreme Court of Canada struck down a citizenship requirement on equality rights
grounds in 1989,[126] and similarly, American citizenship and residency requirements were struck
down as unconstitutional by the U.S. Supreme Court in 1973 and 1985, respectively.
[127]
The European Court of Justice made similar decisions in 1974 and 1977 striking down
citizenship restrictions in Belgium and France.[128]

[edit]Who regulates lawyers

A key difference among countries is whether lawyers should be regulated solely by an
independent judiciary and its subordinate institutions (a self-regulating legal profession),[129] or
whether lawyers should be subject to supervision by the Ministry of Justice in the executive
branch.

In most civil law countries, the government has traditionally exercised tight control over the legal
profession in order to ensure a steady supply of loyal judges and bureaucrats. That is, lawyers
were expected first and foremost to serve the state, and the availability of counsel for private
litigants was an afterthought.[130] Even in civil law countries like Norway which have partially self-
regulating professions, the Ministry of Justice is the sole issuer of licenses, and makes its own
independent re-evaluation of a lawyer's fitness to practice after a lawyer has been expelled from
the Advocates' Association.[109] Brazil is an unusual exception in that its national Order of
Advocates has become a fully self-regulating institution (with direct control over licensing) and
has successfully resisted government attempts to place it under the control of the Ministry of
Labor.[131][132]

Of all the civil law countries, Communist countries historically went the farthest towards total state
control, with all Communist lawyers forced to practice in collectives by the mid-1950s.[133]
[134]
China is a prime example: technically, the People's Republic of China did not have lawyers,
and instead had only poorly-trained, state-employed "legal workers," prior to the enactment of a
comprehensive reform package in 1996 by the Standing Committee of the National People's
Congress.[135]

In contrast, common law lawyers have traditionally regulated themselves through institutions
where the influence of non-lawyers, if any, was weak and indirect (despite nominal state control).
[136]
Such institutions have been traditionally dominated by private practitioners who opposed
strong state control of the profession on the grounds that it would endanger the ability of lawyers
to zealously and competently advocate their clients' causes in the adversarial system of justice.
[137]

However, the concept of the self-regulating profession has been criticized as a sham which
serves to legitimize the professional monopoly while protecting the profession from public
scrutiny.[138] Disciplinary mechanisms have been astonishingly ineffective, and penalties have
been light or nonexistent.[139][140][141]

[edit]Voluntary associations of lawyers

Lawyers are always free to form voluntary associations of their own, apart from any licensing or
mandatory membership that may be required by the laws of their jurisdiction. Like their mandatory
counterparts, such organizations may exist at all geographic levels.[86][142] In American English,
such associations are known as voluntary bar associations.[143] The largest voluntary professional
association of lawyers in the English-speaking world is the American Bar Association.

In some countries, like France and Italy, lawyers have also formed trade unions.[144]

[edit]Cultural perception of lawyers

Hostility towards the legal profession is a widespread phenomenon. The legal profession was
abolished in Prussia in 1780 and in France in 1789, though both countries eventually realized that
their judicial systems could not function efficiently without lawyers.[145] Complaints about too many
lawyers were common in both England and the United States in the 1840s[146][147] Germany in the
1910s,[148] and in Australia,[149] Canada,[150] the United States,[151][152][153] and Scotland[154] in the
1980s.
Public distrust of lawyers reached record heights in the United States after the Watergate
scandal.[153][155] In the aftermath of Watergate, legal self-help books became popular among those
who wished to solve their legal problems without having to deal with lawyers.[156] Lawyer
jokes (already a perennial favorite) also soared in popularity in English-speaking North
America as a result of Watergate.[157] In 1989, American legal self-help publisher Nolo
Press published a 171-page compilation of negative anecdotes about lawyers from throughout
human history.[158]

In Adventures in Law and Justice (2003), legal researcher Bryan Horrigan dedicated a chapter to
"Myths, Fictions, and Realities" about law and illustrated the perennial criticism of lawyers as
"amoral [...] guns for hire"[159] with a quote from Ambrose Bierce's satirical The Devil's
Dictionary (1911) that summarized the noun as: "LAWYER, n. One skilled in circumvention of the
law."[160]

More generally, in Legal Ethics: A Comparative Study (2004), law professor Geoffrey C. Hazard,
Jr. with Angelo Dondi briefly examined the "regulations attempting to suppress lawyer
misconduct" and noted that their similarity around the world was paralleled by a "remarkable
consistency" in certain "persistant [sic?] grievances" about lawyers that transcends both time and
locale, from the Bible to medieval England to dynastic China.[161] The authors then generalized
these common complaints about lawyers as being classified into five "general categories" as
follows:

“  abuse of litigation in various ways, including using dilatory tactics and false
evidence and making frivolous arguments to the courts;
 preparation of false documentation, such as false deeds, contracts, or wills;
 deceiving clients and other persons and misappropriating property;
 procrastination in dealings with clients; and

 charging excessive fees.[162] ”

[edit]Compensation

Main article: Attorney's fee

Lawyers are paid for their work in a variety of ways. In private practice, they may work for an
hourly fee according to a billable hour structure,[163] a contingency fee[164] (usually in cases
involving personal injury), or a lump sum payment if the matter is straightforward. Normally, most
lawyers negotiate a written fee agreement up front and may require a non-refundable retainer in
advance. In many countries there are fee-shifting arrangements by which the loser must pay the
winner's fees and costs; the United States is the major exception,[165]although in turn, its
legislators have carved out many exceptions to the so-called "American Rule" of no fee shifting.

Lawyers working directly on the payroll of governments, nonprofits, and corporations usually earn
a regular annual salary.[166] In many countries, with the notable exception of Germany,[167] lawyers
can also volunteer their labor in the service of worthy causes through an arrangement called pro
bono (short for pro bono publico, "for the common good").[168] Traditionally such work was
performed on behalf of the poor, but in some countries it has now expanded to many other
causes such as the environment.

In some countries, there are legal aid lawyers who specialize in providing legal services to the
indigent.[169][170] France and Spain even have formal fee structures by which lawyers are
compensated by the government for legal aid cases on a per-case basis.[171] A similar system,
though not as extensive or generous, operates in Australia, Canada, as well as South Africa.[citation
needed]

In other countries, legal aid specialists are practically nonexistent. This may be because non-
lawyers are allowed to provide such services; in both Italy and Belgium, trade unions and political
parties provide what can be characterized as legal aid services.[172] Some legal aid in Belgium is
also provided by young lawyer apprentices subsidized by local bar associations (known as
the pro deo system), as well as consumer protection nonprofit organizations and Public
Assistance Agencies subsidized by local governments.[173] In Germany, mandatory fee structures
have enabled widespread implementation of affordable legal expense insurance.[174]

[edit]History

Main article: History of the legal profession

16th century painting of a civil law notary, by Flemish painterQuentin Massys. A civil law notary is roughly
analogous to a common law solicitor, except that, unlike solicitors, civil law notaries do not practice litigation to any
degree.
[edit]Ancient Greece
The earliest people who could be described as "lawyers" were probably the orators of
ancient Athens (seeHistory of Athens). However, Athenian orators faced serious structural
obstacles. First, there was a rule that individuals were supposed to plead their own cases, which
was soon bypassed by the increasing tendency of individuals to ask a "friend" for assistance.
[175]
However, around the middle of the fourth century, the Athenians disposed of the perfunctory
request for a friend.[176] Second, a more serious obstacle, which the Athenian orators never
completely overcame, was the rule that no one could take a fee to plead the cause of another.
This law was widely disregarded in practice, but was never abolished, which meant that orators
could never present themselves as legal professionals or experts.[177] They had to uphold the legal
fiction that they were merely an ordinary citizen generously helping out a friend for free, and thus
they could never organize into a real profession—with professional associations and titles and all
the other pomp and circumstance—like their modern counterparts.[178] Therefore, if one narrows
the definition to those men who could practice the legal profession openly and legally, then the
first lawyers would have to be the orators of ancient Rome.[179]

[edit]Early Ancient Rome

A law enacted in 204 BC barred Roman advocates from taking fees, but the law was widely
ignored.[180]The ban on fees was abolished by Emperor Claudius, who legalized advocacy as a
profession and allowed the Roman advocates to become the first lawyers who could practice
openly—but he also imposed a fee ceiling of 10,000 sesterces.[181] This was apparently not much
money; the Satires of Juvenal complain that there was no money in working as an advocate.[182]

Like their Greek contemporaries, early Roman advocates were trained in rhetoric, not law, and
the judges before whom they argued were also not law-trained.[183] But very early on, unlike
Athens, Rome developed a class of specialists who were learned in the law, known as
jurisconsults (iuris consulti).[184] Jurisconsults were wealthy amateurs who dabbled in law as an
intellectual hobby; they did not make their primary living from it.[184] They gave legal opinions
(responsa) on legal issues to all comers (a practice known as publice respondere).[185]Roman
judges and governors would routinely consult with an advisory panel of jurisconsults before
rendering a decision, and advocates and ordinary people also went to jurisconsults for legal
opinions.[184] Thus, the Romans were the first to have a class of people who spent their days
thinking about legal problems, and this is why their law became so "precise, detailed, and
technical."[184]
[edit]Late Ancient Rome
During the Roman Republic and the early Roman Empire, jurisconsults and advocates were
unregulated, since the former were amateurs and the latter were technically illegal.[186] Any citizen
could call himself an advocate or a legal expert, though whether people believed him would
depend upon his personal reputation. This changed once Claudius legalized the legal profession.
By the start of the Byzantine Empire, the legal profession had become well-established, heavily
regulated, and highly stratified.[187] The centralization and bureaucratization of the profession was
apparently gradual at first, but accelerated during the reign of Emperor Hadrian.[188] At the same
time, the jurisconsults went into decline during the imperial period.[189]

In the words of Fritz Schulz, "by the fourth century things had changed in the eastern Empire:
advocates now were really lawyers."[190] For example, by the fourth century, advocates had to be
enrolled on the bar of a court to argue before it, they could only be attached to one court at a
time, and there were restrictions (which came and went depending upon who was emperor) on
how many advocates could be enrolled at a particular court.[191] By the 380s, advocates were
studying law in addition to rhetoric (thus reducing the need for a separate class of jurisconsults);
in 460, Emperor Leo imposed a requirement that new advocates seeking admission had to
produce testimonials from their teachers; and by the sixth century, a regular course of legal study
lasting about four years was required for admission.[192] Claudius's fee ceiling lasted all the way
into the Byzantine period, though by then it was measured at 100 solidi.[193] Of course, it was
widely evaded, either through demands for maintenance and expenses or a sub
rosa barter transaction.[193] The latter was cause for disbarment.[193]

The notaries (tabelliones) appeared in the late Roman Empire. Like their modern-day
descendants, the civil law notaries, they were responsible for drafting wills, conveyances, and
contracts.[194] They were ubiquitous and most villages had one.[194] In Roman times, notaries were
widely considered to be inferior to advocates and jurisconsults.[194] Roman notaries were not law-
trained; they were barely literate hacks who wrapped the simplest transactions in mountains of
legal jargon, since they were paid by the line.[195]

[edit]Middle Ages
After the fall of the Western Roman Empire and the onset of the Dark Ages, the legal profession
of Western Europe collapsed. As James Brundage has explained: "[by 1140], no one in Western
Europe could properly be described as a professional lawyer or a professional canonist in
anything like the modern sense of the term 'professional.' "[196] However, from 1150 onward, a
small but increasing number of men became experts in canon law but only in furtherance of other
occupational goals, such as serving the Roman Catholic Church as priests.[197]From 1190 to 1230,
however, there was a crucial shift in which some men began to practice canon law as a lifelong
profession in itself.[198]

The legal profession's return was marked by the renewed efforts of church and state to regulate
it. In 1231 two French councils mandated that lawyers had to swear an oath of admission before
practicing before the bishop's courts in their regions, and a similar oath was promulgated by the
papal legate in London in 1237.[199] During the same decade, Frederick II, the emperor of the
Kingdom of Sicily, imposed a similar oath in his civil courts.[200] By 1250 the nucleus of a new legal
profession had clearly formed.[201] The new trend towards professionalization culminated in a
controversial proposal at the Second Council of Lyon in 1275 that all ecclesiastical courts should
require an oath of admission.[202] Although not adopted by the council, it was highly influential in
many such courts throughout Europe.[202] The civil courts in England also joined the trend towards
professionalization; in 1275 a statute was enacted that prescribed punishment for professional
lawyers guilty of deceit, and in 1280 the mayor's court of the city of London promulgated
regulations concerning admission procedures, including the administering of an oath.[203]

[edit]Titles

Generally speaking, the modern practice is for lawyers to avoid use of any title, although formal
practice varies across the world.

Historically lawyers in most European countries were addressed with the title of doctor, and
countries outside of Europe have generally followed the practice of the European country which
had policy influence through colonization. The first university degrees, starting with the law school
of the University of Bologna (or glossators) in the 11th century, were all law degrees and
doctorates.[204] Degrees in other fields did not start until the 13th century, but the doctor continued
to be the only degree offered at many of the old universities until the 20th century. Therefore, in
many of the southern European countries, including Portugal and Italy, lawyers have traditionally
been addressed as “doctor,” a practice which was transferred to many countries in South
America] (including Macau in China). The term "doctor" has since fallen into disuse, although it is
still a legal title in Italy and in use in many countries outside of Europe.

The title of doctor has never been used to address lawyers in England or other common law
countries (with the exception of the United States). This is because until 1846 lawyers in England
were not required to have a university degree and were trained by other attorneys by
apprenticeship or in the Inns of Court. Since law degrees started to become a requirement for
lawyers in England, the degree awarded has been the undergraduate LL.B.
Even though most lawyers in the United States do not use any titles, the law degree in that
country is the Juris Doctor, a professional doctorate degree, and some J.D. holders in the United
States use the title of "Doctor" in professional[211] and academic situations.[212] In countries where
holders of the first law degree traditionally use the title of doctor (e.g. Peru, Brazil, Macau,
Portugal, Argentina, and Italy),[213] J.D. holders who are attorneys will often use the title of doctor
as well.[214] It is not uncommon for English-language lawyers, especially in the United States, to
use the honorific suffix "Esq." (for "Esquire"), irrespective of whether the lawyer is male or female.
[215]

In many Asian countries, the proper title for a lawyer is simply, "lawyer", but holders of
the Juris Doctor degree are also called "博士" (doctor).[216]

Advocate
Faculty of Advocate
Advocates are regulated by the Faculty of Advocates in Edinburgh. The Faculty of Advocates has
about 750 members, of whom about 460 are in private practice. About 75 are Queen's Counsel.
The Faculty is headed by the Dean of the Faculty who, along with the Vice-
Dean,Treasurer, Clerk are elected annually by secret ballot.

The Faculty has a service company, Faculty Services Ltd, to which almost all advocates belong,
that organises the stables and fee collection. This gives a guarantee to all newly-called advocates
of a place. Until the end of 2007 there was an agreement with the Law Society of Scotland, which
is the professional body for Scottish solicitors, as to the payment of fees, but this has now been
abrogated by the Law Society. It remains the case that advocates are not permitted to sue for
their fees, as they have no contractual relationship with their instructing solicitor or with the
client [1]. Their fees are honoraria.

Advocates wear wigs, white bow-ties (or falls in the case of senior counsel), straps and gowns as
dress in court.

[edit]Becoming an advocate
The process of becoming an advocate is referred to as devilling. All Intrants will hold an LL.B.
(Bachelor of Laws) and the Diploma in Legal Practice qualifying them as solicitors or be members
of the Bar in another common law jurisdiction.
[edit]Admission to the Faculty of Advocates

At the end of the devilling period, a devil's admission to the Faculty is dependent on certification
by the principal devilmaster that the devil is a fit and proper person to be an advocate, and that
the devil has been involved in a wide range of work in the course of devilling. A devil's
competence in a number of aspects of written and oral advocacy is assessed during devilling,
and if a devil is assessed as not to be competent, they will not be admitted to the Faculty. Further
details of this process can be found in the assessment section.
[edit]Recent developments

In recent years, more advocates have come to the Scottish Bar after some time as solicitors, but
it is possible to qualify with a law degree, after a year's traineeship in a solicitor's office and
almost a year as a 'devil', or apprentice advocate. There are exceptions for lawyers who are
qualified in other European jurisdictions, but all must take the training course as devils.

Until 2007, a number of young European lawyers were given a placement with advocates under
the European Young Lawyers Schemeorganised by the British Council. They are known as
'Eurodevils' in distinction to the Scottish 'devils'. This scheme was withdrawn by the British
Council. In January 2009, a replacement scheme began.

Lawyers qualified in other EU states (but not England and Wales) may have limited rights of
audience in the Scottish supreme courts if they appear with an advocate, and a few solicitors
known as 'solicitor-advocates' have rights of audience, but for practical purposes advocates have
almost exclusive rights of audience.

[edit]Advocates in the Channel Islands

Advocates, properly called Advocates of the Royal Court, are the only lawyers with rights of
audience in the Channel Islands. To become an advocate, one has to possess a valid law degree
or diploma, plus a qualification as an English barrister or solicitor, or a French avocat. They must
then study for the Guernsey or Jersey Bar. In Guernsey, three months of study of Norman law at
the Université de Caen is required; this is no longer the case in Jersey. Guernsey Advocates
dress in the same way as barristers, but substitute a black biretta-like toque for a wig, while those
in Jersey go bare-headed. Advocates are entitled to prefix their names with 'Advocate'; e.g. Mr
Tostevin is called to the Guernsey Bar and is henceforth known as Advocate Tostevin.

[edit]Advocates in the Isle of Man

Advocates are the only lawyers with rights of audience in the courts of the Isle of Man. An
Advocate's role is to give advice on all matters of law: it may involve representing a client in the
civil and criminal courts or advising a client on matters such as matrimonial and family law, trusts
and estates, regulatory matters, property transactions and commercial and business law. In court,
Advocates wear a horsehair wig, stiff collar, bands and a gown in the same way as barristers do
elsewhere.

To become an Advocate, it is normally necessary to hold either a qualifying law degree with no
less than lower second class (2:2) honours, or else a degree in another subject with no less than
lower second class (2:2) honours complemented by the Common Professional Examination. It is
then necessary to obtain a legal professional qualification such as the Bar Professional Training
Course or the Legal Practice Course. It is not, however, necessary actually to be admitted as an
English barrister or solicitor to train as an Advocate.

Trainee Advocates (as Articled Clerks are now more usually known) normally undertake a period
of two years’ training articled to a senior Advocate; in the case of English barristers or solicitors
who have been practising or admitted for three years this training period is reduced to one year.
Foreign lawyers who have been registered as legal practitioners in the Isle of Man for a certain
period of time may also undertake a shorter period of training and supervision. During their
training, all Trainee Advocates are required to pass the Isle of Man bar examinations, which
include papers on civil and criminal practice, constitutional and land law, and company law and
taxation, as well as accounts. The examinations are rigorous and candidates are limited to three
attempts to pass each paper.

Senior English barristers are occasionally licensed to appear as Advocates in cases expected to
be unusually long or complex, without having to pass the bar examination or undertake further
training: they are permitted only to act in relation to the matter for which they have been licensed.
Similarly, barristers and solicitors employed as public prosecutors may be licensed to appear as
Advocates without having to pass the bar examination or undertake further training: they are
permitted only to act as such only for the duration of that employment.

The professional conduct of Advocates is regulated by the Isle of Man Law Society, which also
maintains a library for its members inDouglas. While Advocates in the Isle of Man have not
traditionally prefixed their names with 'Advocate' in the Channel Islands manner, some Advocates
have now started to adopt this practice.

[edit]Advocates in Scandinavia (Denmark, Norway and Sweden)

and Finland
The Scandinavian countries and Finland have a united legal profession, which means that they
do not draw a distinction between lawyers who plead in court and those who do not. To get an
official recognition with an advocates title, the candidate must have a legal degree, that is,
completed ca. 5–6 years of legal studies, and in addition worked for some time (around 2 – 5
years) under the auspices of a qualified advocate and have some experience from court. When
qualified, the candidate may obtain a license as an advocate, in all the Scandinavian
languages: advokat. In Finland advokat is the Swedish title for such a qualified lawyer (the
equivalent title in Finnish being asianajaja). However, one does not necessarily have to be an
advocate to practice law. In Sweden, for example, any adult can practice law and represent a
party in court without any prior approval, training, licence or advocate title.

In English, the Scandinavian title of advokat is interchangeably also translated

as barrister, lawyer or attorney-at-law.

[edit]Advocates in England and Wales

In England and Wales Advocates and Proctors practiced civil law in the admiralty
and ecclesiastical courts in a similar way to Barristers and Attorneys or Solicitors in the common
law and equity courts.

Advocates, who formed the senior branch of the legal profession in their field, were Doctors of
Law of Oxford or Cambridge and Fellows of the Society of Doctors' Commons.

Advocates lost their exclusive rights of audience in probate and divorce cases when the crown
took these matters over from the church in 1857, and in admiralty cases in 1859. The society was
never formally wound up, but their building was sold off in 1865 and the last advocate died in
1912.

Barristers were admitted to the Court of Arches of the Church of England in 1867. More
recently Solicitor Advocates have also been allowed to play this role

[edit]Advocates in India
In India, the law relating to the Advocates is the Advocates Act, 1961 introduced and thought up
by Ashoke Kumar Sen, the then law minister of India, which is a law passed by the Parliament
and is administered and enforced by the Bar Council of India. Under the Act, the Bar Council of
India is the supreme regulatory body to regulate the legal profession in India and also to ensure
the compliance of the laws and maintenance of professional standards by the legal profession in
the country. For this purpose, the Bar Council of India is authorized to pass regulations and make
orders in individual cases and also generally.

Each State has a Bar Council of its own whose function is to enroll the Advocates willing to
practice predominately within the territorial confines of that State and to perform the functions of
the Bar Council of India within the territory assigned to them. Therefore each law degree holder
must be enrolled with a (single) State Bar Council to practice in India. However, enrollment with
any State Bar Council does not restrict the Advocate from appearing before any court in India,
even though it is beyond the territorial jurisdiction of the State Bar Council with he is enrolled in.

The advantage with having the State Bar Councils is that the work load of the Bar Council of India
can be divided into these various State Bar Councils and also that matters can be dealt with
locally and in an expedited manner. However for all practical and legal purposes, the Bar Council
of India retains with it the final power to take decisions in any and all matters related to the legal
profession on the whole or with respect to any Advocate individually, as so provided under the
Advocates Act, 1961.

The process for being entitled to practice in India is twofold. First, the applicant must be a holder
of a law degree from a recognized institution in India (or from one of the four recognised
Universities in the United Kingdom) and second, must pass the enrollment qualifications of the
Bar Council of the state where he/she seeks to be enrolled. For this purpose, the Bar Council of
India has an internal Committee whose function is to supervise and examine the various
institutions conferring law degrees and to grant recognition to these institutions once they meet
the required standards. In this manner the Bar Council of India also ensures the standard of
education required for practicing in India are met with. As regards the qualification for enrollment
with the State Bar Council, while the actual formalities may vary from one State to another, yet
predominately they ensure that the application has not been a bankrupt /criminal and is generally
fit to practice before courts of India.

Enrollment with a Bar Council also means that the law degree holder is recognized as an
Advocate and is required to maintain a standards of conduct and professional demeanor at all
times, both on and off the profession. The Bar Council of India also prescribes "Rules of Conduct"
to be observed the Advocates in the courts, while interacting with clients and even otherwise.

All Advocates in India are at the same level and are recognized as such. Any distinction, if any, is
made only on the basis of seniority, which implies the length of practice at the Bar. As a
recognition of law practice and specialization in an area of law, there is a concept of conferral of
Senior Advocate status. An Advocate may be recognized by the Judges of the High Court (in
case of an Advocate practicing before that High Court) or by the Supreme Court (in case of the
Advocate practicing before the Supreme Court). While the conferral of Senior Advocate status not
only implies distinction and fame of the Advocate, it also requires the Senior Advocate to follow
higher standards of conduct and some distinct rules. Also, a Senior Advocate is not allowed to
interact directly with the clients. He can only take briefs from other Advocates and argue on the
basis of the details given by them.
Further, under the Constitutional structure, there is a provision for elevation of Advocates as
judges of High Courts and Supreme Court. The only requirement is the Advocate must have a ten
years standing before the High Court(/s) or before the Supreme Court to be eligible for such.
(Article 217 and 124 of the Constitution of India for High Courts and Supreme Court respectively)

[edit]Advocates in Pakistan
Four levels of Advocate exist in Pakistan:

[edit]Advocate

The lowest level is the Advocate, who is Eligible to practice in the district courts or lower. One can
qualify as an Advocate after completion of a law degree, six months pupillage under an Advocate
in his/her chambers and thereafter the Bar Council of the relevant province examine him/her that
he is fit or not to become as an Advocate. After passing the interview/examination before the
provincial Bar Council, the Bar Council will issue him/her the license for appearing before the
Court.

[edit]Advocate High Court

Advocate High Court is the second level, and is eligible to practice in the High Courts of Pakistan
and below. A license is obtained after successful completion of two year's practice in the lower
courts by application, which is reviewed by a body of High Court Judges headed by the
respective provincial Chief Justices and the relevant provincial Bar Council. Most applications
after successful completion of the requirement are accepted.

[edit]Advocate Supreme Court

Advocate Supreme Court is the third level. After successful completion of ten years practice at
the High Courts by application to the Pakistan Bar Council and reviewed by a panel of Supreme
Court Judges headed by the Chief Justice of Pakistan. (Before 1985 the requirement was
successful completion of five years practice in the High Courts of Pakistan.) Over fifty percent of
the number of applications after successful completion of the requirement are accepted. An
unsuccessful application in one year does not bar the candidate from re-applying in the next
judicial year.

[edit]Senior Advocate Supreme Court

The highest level is the Senior Advocate Supreme Court. It is Pakistan's title equivalent
to Queen's Counsel in the United Kingdom.

After at least fifteen years practice by invitation by or an application to a panel of Supreme Court
Judges headed by the Chief Justice of Pakistan. Very few applications are accepted and even
fewer invitations are made. Attorneys General are usually invited by the Supreme Court on
appointment to the office. So are some notable High Court judges who upon retirement choose to
practice in the Supreme Court where they are still eligible to do so.

[edit]Advocates in Sri Lanka

In Sri Lanka (formally Ceylon) till 1973 Advocate was a practitioner in a court of law who is legally
qualified to prosecute and defend actions in such court on the retainer of clients. Advocates had
to pass the HSC exam and enter the Sri Lanka Law College and follow the relevant course.
Following changers in 1973 the title was replaced with Attorney at law. The current equivalent to
an advocate is a counsel who is a trial lawyer distinguished from an instructing attorney.

Lawyers fees
Attorney fees (note that the use of the word 'attorney' connotes lawyers broadly: solicitors and
barristers) are the costs of legal representation that an attorney's client or a party to
a lawsuit incurs. Attorney's fees are assessed in a number of ways, usually set by contract in
advance of the representation, including by billable hours, flat fees, or contingent
fees. Attorneys who voluntarily accept work on behalf of indigent clients often work pro bono.

An upfront fee paid to a lawyer is called a retainer. Money within the retainer is often used to
"buy" a certain amount of work. Some contracts provide that when the money from the retainer is
gone, the fee is renegotiated.

In some jurisdictions, in a civil case, a lawyer for the plaintiff can take a case on a contingent fee
basis. A contingent fee is a percentage of the monetary judgment or settlement. The contingent
fee may be split among several firms who have contractual arrangements amongst themselves
for referrals or other assistance. Where a plaintiff loses, the attorney may not receive any money
for his or her work. Many countries prohibit contingent fees as entirely unethical. Most
jurisdictions in the United States prohibit working for a contingent fee in family
law or criminal cases.

In the United States, state laws or bar regulations, many of which are based on Rule 1.5 of the
American Bar Association's Rules of Professional Conduct, govern the terms under which
lawyers can accept fees.[1] Many complaints to ethics boards regarding attorneys revolve around
excessive attorney's fees.[2]

The range of fees charged by lawyers varies widely from one city to the next. Most large law
firms in the United States bill between $200 and $1,000 per hour for their lawyers' time, though
fees charged by smaller firms are much lower. The rate varies tremendously by location as well
as the specific area of law practiced. Typically insurance defense firms have lower hourly rates
than non-insurance firms, but are compensated by having steady, regular paying work provided.
Locations like Salt Lake City will average $150 per hour for an associate's time on a basic case,
but will increase for larger firms.

Many surveys of hourly rates are done. The American Intellectual Property Law Association
("AIPLA") commissions a survey of its members every 2 years and it publishes these in what it
calls a "Report of the Economic Survey". The latest one is dated June 2007. Rates are collected
for 14 geographic areas and by associate or partner. See www.aipla.org for more information,
although the Surveys are not made available online, but must be purchased. Many courts have
followed the rates shown by these AIPLA surveys and they are highly-regarded for Intellectual
Property litigation.

The State Bar of Oregon and the Colorado State Bar also have published an Economic Survey of
rates for various areas of Oregon and Colorado and these are available online.

Perhaps the most widely followed set of rates are what is called the Laffey Matrix that is available
from the United States Attorney's Office for the District of Columbia. These have been available
since 1982 and are updated each year. The hourly rates are shown by years of experience. For
June 1, 2006 to May 31, 2007 the rates are as follows: 20+ years of experience, $425 per hour;
11–19 years, $375; 8–10 years, $305; 4–7 years, $245; 1–3 years, $205; and Paralegals/law
clerks $120 [1]. The Laffey Matrix appears to be growing in acceptance by many courts
throughout the United States, but the matrix must be adjusted to account for higher or lower costs
for legal services in other areas.

Hourly rates are increasing almost every year and some lawyers charge substantially higher than
the rates shown by the Laffey Matrix. The first American attorney to regularly charge a four-digit
hourly fee ($1000 and higher) was Benjamin Civiletti in late 2005.[3]

With the recession of 2008-2010, corporate clients began driving attorneys increasingly
toward alternative fee arrangements, or AFAs. AFAs can include flat fees (per matter), fixed fees
(for a "book" of matters), success bonuses, and other options beyond straight hourly billing.[4]

[edit]Loser pays
Most countries operate under a "loser pays" system, sometimes called the English rule. Under
the English rule, the losing party pays the successful party’s attorney fees, as well as other court
costs. The United States is a notable exception, operating under the American rule, whereby
each party bears its own legal expenses. Some tort reform advocates propose adopting a "loser
pays" rule in the United States. For example, a judge may say: "I am ruling for the plaintiff on the
amount of $(amount of money) plus all court costs and attorney fees."

[edit]Awards of attorney fees in the United States

A number of federal laws provide for an award of attorney fees for a prevailing plaintiff, such as:

 Class actions
 Civil rights violations, see Civil Rights Attorney's Fees Award Act of 1976
 Freedom of Information Act violations
 Copyright and patent cases
 Antitrust actions
 Lemon law cases
 Suits against the federal government where the position of the government was not
"substantially justified"

Note that these "fee shifting" awards are a characteristic of the law enforced and do not
necessarily depend upon the court in which they were brought; state courts can and do
sometimes hear lawsuits brought under federal law. So if, for example, a person brings a civil
rights action in state court and wins, he may be entitled to an award of attorney fees.

Most states have statutes under which attorneys' fees may be awarded to a prevailing plaintiff,
such as an action on a contract where the contract contains a provision allowing recovery, or an
action brought under consumer protection laws. Both plaintiffs and defendants are sometimes
awarded attorneys fees in divorce and child custody actions, although this is an unusual
circumstance, since such awards are made under the court's power to divide property or award
alimony and child support. A majority of states allow generally for an award to any party in a
lawsuit, if another party has forced him to expend money on attorneys fees to defend against a
claim utterly or substantially lacking any possible merit (frequently called "abusive litigation").

For example, in the State of Georgia, a trial court must award attorneys fees if a party has
brought a claim "with respect to which there existed such a complete absence of any justiciable
issue of law or fact that it could not be reasonably believed that a court would accept the asserted
claim, defense, or other position." O.C.G.A. § 9-15-14(a). A trial court may, but is not required to,
award attorney's fees if a party has made a claim "that lacked substantial justification or . . . was
interposed for delay or harassment, or if [the opposing party] unnecessarily expanded the
proceeding by other improper conduct . . . ." O.C.G.A. § 9-15-14(b).
There are many ways of calculating prevailing-party attorney fees. Most courts recognize that
actual costs may be disproportionate and inequitable. Thus, many jurisdictions rely on other
calculations. Many courts or laws invoke a lodestar' calculation: reasonably expected billable
hours multiplied by a reasonable hourly rate, sometimes multiplied by a factor reflecting the risk
or complexity of the case. Courts in class actions frequently award fees proportionate to the
damages recovered. The Class Action Fairness Act of 2005, which, among other provisions,
regulates the fees that can be awarded in a class action, was passed in response to concerns
that courts were not adequately overseeing the award of such fees.

Some statutes permit awards of attorney fees to prevailing defendants in extraordinary

circumstances, such as proving that the litigation wasfrivolous, in the sense of it being objectively
baseless and brought in bad faith.

[edit]Tort reform and attorney fees

Some tort reform proposals in the United States seek to further regulate attorney fees. In
2004, Florida passed a constitutional amendment limiting contingent fees in medical
malpractice cases.[5] Some object to these laws as an unfair restriction on freedom of contract.

The law firms

Arrangements
Law firms are organized in a variety of ways, depending on the jurisdiction in which the firm
practices. Common arrangements include:

 Sole proprietorship, in which the attorney is the law firm and is responsible for all profit,
loss and liability;
 General partnership, in which all of the attorneys in the firm equally share ownership and
liability;
 Professional corporations, which issue stock to the attorneys in a fashion similar to that of
a business corporation;
 Limited liability company, in which the attorney-owners are called "members" but are not
directly liable to third party creditors of the law firm;
 Professional association, which operates similarly to a professional corporation or a
limited liability company;
 Limited liability partnership (LLP), in which the attorney-owners are partners with one
another, but no partner is liable to any creditor of the law firm nor is any partner liable for any
 negligence on the part of any other partner. The LLP is taxed as a partnership while enjoying
the liability protection of a corporation.

[edit]Restrictions on ownership interests

In many countries, including the United States and the United Kingdom, there is a rule that only
lawyers may have an ownership interest in, or be managers of, a law firm. Thus, law firms cannot
quickly raise capital through initial public offerings on the stock market, like mostcorporations. In
the United States this rule is promulgated by the American Bar Association and is adhered to in
all U.S. jurisdictions, except the District of Columbia.[1] The U.K. has a similar rule, but in recent
years there have been discussions about relaxing it in order to allow law firms to expand more
rapidly.

The rule was created in order to prevent conflicts of interest. In the adversarial system of justice,
a lawyer has a duty to be a zealous and loyal advocate on behalf of the client, and also has a
duty to not bill the client excessively. Also, as an officer of the court, a lawyer has a duty to be
honest and to not file frivolous cases or raise frivolous defenses. A lawyer working as a
shareholder-employee of a publicly traded law firm would be strongly tempted to evaluate
decisions in terms of their effect on the stock price and the shareholders, which would directly
conflict with the lawyer's duties to the client and to the courts.

[edit]Structure and promotion

[edit]Partnership

Law firms are typically organized around partners, who are joint owners and business directors of
the legal operation; associates, who areemployees of the firm with the prospect of becoming
partners; and a variety of staff employees, providing paralegal, clerical, and other support
services. An associate may have to wait as long as 9 years before the decision is made as to
whether the associate "makes partner." Many law firms have an "up or out policy" (pioneered
around 1900 by partner Paul Cravath of Cravath, Swaine & Moore[2]): associates who do not
make partner are required to resign, either to join another firm, go it alone as a solo practitioner,
go to work in-house in a corporate legal department, or change professions (burnout rates are
very high in law[3]).

Making partner is very prestigious at large or midsized firms, due to the competition that naturally
results from higher associate-to-partner ratios. Such firms may take out advertisements in legal
newspapers to announce who has made partner. Traditionally, partners shared directly in the
profits of the firm, after paying salaried employees, the landlord, and the usual costs of furniture,
office supplies, and books for the law library (or a database subscription). Partners in a limited
liability partnership can largely operate autonomously with regards to cultivating new business
and servicing existing clients within their book of business. However, many large law firms have
moved to a two-tiered partnership model, with equity and non-equity partners. Equity partners are
considered to have ownership stakes in the firm, and share in the profits (and losses) of the firm.
Non-equity partners are generally paid a fixed salary (albeit much higher than associates), and
they are often granted certain limited voting rights with respect to firm operations. The world's
oldest continuing partnership is that of Cadwalader, Wickersham & Taft, founded in 1792 in New
York City.
[edit]Termination of one's partnership

It is rare for a partner to be forced out by fellow partners, although that can happen if the partner
commits a crime or malpractice, experiences disruptive mental illness, or is not contributing to the
firm's overall profitability. However, some large firms have written into their partnership agreement
a forced retirement age for partners. This age can be anywhere from age 65 on up. In contrast,
most corporate executives are at much higher risk of being fired, even when the underlying cause
is not directly their fault, such as a drop in the company's stock price.

[edit]"Of counsel" role

In the United States, Canada and Japan, many large and midsize firms have attorneys with the
job title of "counsel", "special counsel" or "of counsel." As the Supreme Court of California has
noted, the title has acquired several related but distinct definitions which do not easily fit into the
traditional partner-associate structure.[4] These attorneys are employees of the firm like
associates, although some firms have anindependent contractor relationship with their counsel.
But unlike associates, and more like partners, they generally have their own clients, manage their
own cases, and supervise associates. These relationships are structured to allow more senior
attorneys share in the resources and "brand name" of the firm without being a part of
management or profit sharing decisions. The title is often seen among former associates who do
not make partner, or who are laterally recruited to other firms, or who work as in-house counsel
and then return to the big firm environment. At some firms, the title "of counsel" is given to retired
partners who maintain ties to the firm. Sometimes "of counsel" refers to senior or experienced
attorneys, such as foreign legal consultants with experience in international law and practice and
their own clients. They are hired as independent contractors by large firms as a special
arrangement, which may lead to profitable results for the partnership. In these situations "of
counsel" could be considered to be a transitional status in the firm.

[edit]Mergers and acquisitions between law firms

Mergers, acquisitions, division and reorganizations occur between law firms as in other
businesses. The specific books of business and specialization of attorneys as well as the
professional ethical strictures surrounding conflict of interest can lead to firms splitting up to
pursue different clients or practices, or merging or recruiting experienced attorneys to acquire
new clients or practice areas. Results often vary between firms experiencing such transitions.
Firms that gain new practice areas or departments through recruiting or mergers that are more
complex and demanding (and typically more profitable) may see the focus, organization and
resources of the firm shift dramatically towards those new departments. Conversely, firms may be
merged among experienced attorneys as partners for purposes of shared financing and
resources, while the different departments and practice areas within the new firm retain a
significant degree of autonomy.

[edit]Size

Law firms range widely in size. The smallest law firms are sole practitioners (lawyers practicing
alone), who form the vast majority of lawyers in nearly all countries.[5]

Smaller firms tend to focus on particular specialties of the law (e.g. patent law, labor law, tax law,
criminal defense, personal injury); larger firms may be composed of several specialized practice
groups, allowing the firm to diversify their client base and market, and to offer a variety of services
to their clients.[6]

Large law firms usually have separate litigation and transactional departments. The transactional
department advises clients and handles transactional legal work, such as drafting contracts,
handling necessary legal applications and filings, and evaluating and ensuring compliance with
relevant law; while the litigation department represents clients in court and handles necessary
matters (such as discovery and motions filed with the court) throughout the process of litigation.

[edit]Anglo-American development
[edit]First multi-lawyer law firms

The United States pioneered the concept of the large law firm in the sense of a business entity
consisting of more than one lawyer. The first law firms with two or more lawyers appeared in the
U.S. just prior to the American Civil War (1861–1865).[7] The idea gradually spread across the
Atlantic to England, although "English solicitors remained a corps of solo practitioners or very
small partnerships until after World War II."[8] Today, the United States (and the United Kingdom)
have many small firms (2 to 50 lawyers) and midsize firms (50 to 200 lawyers).[9]
[edit]Boutique law firms

Lawyers in small cities and towns may still have old-fashioned general practices, but most urban
lawyers tend to be highly specialized due to the overwhelming complexity of the law today.
[10]
Thus, some small firms in the cities specialize in practicing only one kind of law
(likeemployment, antitrust, intellectual property, or telecommunications) and are called boutique
law firms.[11]
[edit]"Megafirms" or Biglaw

The largest law firms have more than 1,000 lawyers. These firms, often colloquially called
"megafirms" or "biglaw", generally have offices on several continents, bill US$750 per hour or
higher, and have a high ratio of support staff per attorney.[12][13] Because of the localized and
regional nature of firms, the relative size of a firm varies.[14]

[edit]"Full service" firms

The largest firms like to call themselves "full-service" firms because they have departments
specializing in every type of legal work that pays well, which in the U.S. usually means mergers
and acquisitions transactions[15], banking, and certain types of high-stakes corporate litigation.
These firms rarely do plaintiffs' personal injury work. However the largest law firms are not very
large compared to other major businesses (or even other professional services firms). In 2008,
the largest law firm in the world was the British firm Clifford Chance, which had revenue of
over US$2 billion. This can be compared with $404 billion for the world's largest firm by
turnover Exxon Mobil and $28 billion for the largest professional services
firm PricewaterhouseCoopers.

[edit]Worldwide

The largest law firms in the world are based primarily in the United Kingdom and the United
States. The American system of licensing attorneys on a state-by-state basis, the tradition of
having a headquarters in a single U.S. state and a close focus on profits per partner (as opposed
to sheer scale) has to date limited the size of most American law firms. Thus, whilst the most
profitable law firms in the world remain in New York, four of the six largest firms in the world are
based in London in the United Kingdom[16]. But the huge size of the United States results in a
larger number of large firms overall — a 2003 survey found that the United States alone had 901
law firms with more than 50 lawyers, while there were only 58 such firms in Canada, 44 in Great
Britain, 14 in France, and 9 in Germany.[17] There is an increasing tendency towards globalisation
of law firms.

Due to their huge size, the U.S. and UK-based law firms are the most prestigious and powerful in
the world, and dominate the international market for legal services. A 2007 research paper noted
that firms from other countries merely pick over their leftovers: "[M]uch of the competition is
relatively orderly whereby predominantly Australian, New Zealand, and Canadian firms compete
for business not required by English or American law firms."[18]

[edit]Recession

With the US recession, in 2008 and 2009, many US law firms have downsized their staffs
considerably, and some have closed. The Denver Post reported that major law firms have cut
more than 10,000 jobs nationwide in recent months.[19] On February 12, 2009, Bloombergreported
that 700 jobs were cut that one day at law firms across the country.[20] Among the firms closed
included Heller Ehrman, a San Francisco-based firm established in 1890.[21] And firms cutting
positions included Baker & McKenzie cut 124 attorney and staff positions.[22]DLA Piper cut 121
attorneys and staff.[23] Hinshaw & Culbertson eliminated 28 attorneys and staff.[24] Law firm layoffs
have become so common that American Lawyer produces an ongoing and growing “Layoff List”
of the 112+ law firms nationwide that have cut jobs in the past year.[25]

[edit]Salaries

Law firm salary structures typically depend on firm size. Small-firm salaries vary widely within
countries and from one country to the next, and are not often publicly available. Because most
countries do not have unified legal professions, there are often significant disparities in income
among the various legal professions within a particular country. Finally, the availability of salary
data also depends upon the existence of journalists and sociologists able to collect and analyze
such data.

[edit]United States
For more details on the system of compensation many large law firms use, see Lockstep
compensation.

The U.S. is presently the only country with enough lawyers, as well as journalists and sociologists
who specialize in studying them, to have widely available data on salary structures at major law
firms.

In 2006, median salaries of new graduates ranged from US$50,000 per year in small firms (2 to
10 attorneys) to US$160,000 per year in very large firms (more than 501 attorneys)[26].

According to alreadybored.com, many large firms in major markets such as New York City,[27] Los
Angeles,[28] Washington DC,[29]Boston[30] and Chicago[31] compensate new associates using the
following pay scale:

Year Salary (US$)

 First 160,000

Second 170,000

Third 185,000

Fourth 210,000

Fifth 230,000

Sixth 250,000

Seventh 270,000

Eighth 280,000

Other markets such as Texas[32] start at US$160,000, but the annual increases are much smaller
than the above scale.

With a few exceptions, markets such as Atlanta,[33] Philadelphia,[34] New Jersey,[35] Florida,
[36]
Denver,[37] and Seattle[38] generally start at US$35,000-US$50,000 for small law firms to
US$130,000 or US$145,000 for large law firms.

With a few exceptions, most other U.S. markets start within US$20,000 to US$100,000.

As a result of the current recession, many firms froze salaries (no annual salary increases in
January 2009), reverted back to the early 2007 pay scale shown below, and/or cut salaries.[39]

Year Salary (US$)

First 145,000

Second 155,000
 Third 170,000

Fourth 190,000

Fifth 210,000

Sixth 225,000

Seventh 240,000

Eighth 255,000

NYC bonuses (the highest in the U.S.) in 2007 were as follows:[40]

Year Bonus (US$)

First 45,000 (35,000 + 10,000 special bonus)

Second 55,000 (40,000 + 15,000)

Third 65,000 (45,000 + 20,000)

Fourth 80,000 (50,000 + 30,000)

Fifth 95,000 (55,000 + 40,000)

Sixth 110,000 (60,000 + 50,000)

Seventh 115,000 (65,000 + 50,000)

In 2008, several firms reverted back to the 2006 bonus structure (e.g., no special bonus) or
creating a new scale as shown below.[41]
 Year Bonus (US$)

First 17,500

Second 20,000

Third 22,500

Fourth 25,000

Fifth 27,500

Sixth 30,000

Seventh 32,500

Larger markets outside NYC typically match the base bonus without the special bonus. Smaller
markets and/or smaller firms pay $5K to $20K bonuses, if any at all.[42]

Some prominent law firms, like Goodwin Procter and Paul Hastings, give generous signing
bonuses (e.g., $20k[43][44]) to incoming first-year associates who hold JD/MBA degrees.

[edit]Location

Most law firms are located in office buildings of various sizes, ranging from modest one-story
buildings (e.g. SLC[45]) to some of the tallestskyscrapers in the world (though only in 2004, Paul
Hastings was the first firm to put its name on a skyscraper). Some solo practitioners practice out
of their homes or in offices built as special additions to their homes.

Because their "work product" is often intangible, or at least conceptually difficult for clients to
grasp, large corporate firms are notorious for using jaw-dropping interior design (huge amount of
floor space and fantastic views) as a "shock and awe" tactic to impress prospective clients and
intimidate opposing counsel.[citation needed] Other firms will find more modest office space, depending
on the nature of the practice.
In late 2001, it was widely publicized that one personal injury plaintiffs' firm in the state of New
York has been experimenting with bus-sized "mobile law offices."[46] The firm insists that it does
not "chase ambulances". It claims that a law office on wheels is more convenient for personal
injury plaintiffs, who are often recovering from severe injuries and thus find it difficult to travel far
from their homes for an intake interview.

[edit]Rankings

As legal practice is adversarial, law firm rankings are widely relied on by prospective associates,
lateral hires and legal clients. Substantiverankings typically cover practice areas such as The
American Lawyer's Corporate Scorecard [47] and Top IP Firms. Work place rankings are directed
toward lawyers or law students, and cover such topics as quality of life, hours, family friendliness
and salaries [48]. Finally, statisticalrankings generally cover profit-related data such as profits per
partner and revenue per lawyer [49].

In an October 2007 press conference reported in The Wall Street Journal and The New York
Times, the law student group Building a Better Legal Profession released its first annual ranking
of top law firms by average billable hours, pro bono participation, and demographic diversity.[50]
[51]
Most notably, the report ranked the percentages of women, African-Americans, Hispanics,
Asian-Americans, and gays & lesbians at America's top law firms. The group has sent the
information to top law schools around the country, encouraging students to take this demographic
data into account when choosing where to work after graduation.[52] As more students choose
where to work based on the firms' diversity rankings, firms face an increasing market pressure in
order to attract top recruits.[53]

Practice of law

Asia and Pacific Islands

[edit]Australia

In Australia, prospective lawyers must complete a tertiary level law degree, together with a post
graduate diploma in legal practice.

[edit]China

In the People's Republic of China, one must first obtain an undergraduate law degree (a B.A.,
which is a four-year course of study), pass theNational Judicial Examination, and complete a one
year apprenticeship.[2]
[edit]Fiji

Fiji requires a Bachelor of Law degree (four years of study), although that requirement may be
waived upon completion of another bachelor's degree and/or sufficient legal experience.[3]

[edit]Hong Kong
Hong Kong makes a distinction between barristers and solicitors. Admission to both professions
requires a law degree (either the LL.B., which requires four years of study, or the Juris Doctor,
which lasts two years) and the Postgraduate Certificate in Laws (which requires nine months).
However, the apprenticeship to become a barrister is only one year, while a solicitor must
apprentice for two years.[4]

[edit]India

India requires membership in one of its state bar councils, all of which require an undergraduate
law degree (LL.B., which is a minimum of three years of study).[5]

However with effect from December 2010 all fresh law graduates or those who have already
cleared their law graduation but have not yet enrolled with the bar council must clear a bar
examination to be entitled to practice before courts or tribunals in India [6]

[edit]Israel

Israel requires an undergraduate law degree (LL.B., which is a three and a half year program), a
one year apprenticeship, and the passing of the bar Examination.[6]

[edit]Japan

Japan requires an undergraduate degree in any field (which requires four years of study), a Juris
Doctor (which lasts three years), the passing of the state bar exam, and a two year
apprenticeship which incorporates additional coursework.[7]

[edit]Jordan

Jordan has a developed and restricted rules for admission to practice law, It requires and
Academic and practical exams for enrollment in the Bar Association. The probationer must hold a
Bachelor degree or equivalent and to have a clear history in the police’s records.

The Bar Association requires a minimum two years of training under supervision. The Bar grants
the probationer special permission to appear in front some of the courts.

After two years of the practical training, the probationer submits a written request to be enrolled in
the written exams that the Bar held 4 times year. If he mastered the exam within (15/25) then the
probationer will be eligible to admit to the verbal exams by the legal committee elected from
judges, Professors and senior lawyers. If he/she passed the verbal exam, then it comes to essay
stage. Each probationer must write in legal subject and discussed before a committee from senior
lawyers which if he/she passed it will lead the probationer to swear the oath before the Minister of
Justice. Usually the process takes not less that two and a half and above to accomplish the Bar
Association’s requirement to practice law.

[edit]Korea (ROK)
Korean attorneys must complete an undergraduate degree in any subject, obtain a master of law
degree (법무석사 과정, a three year program), complete courses at the Judicial Research and
Training Institute, and pass the bar examination.[8]

[edit]Kazakhstan

Lawyers in Kazakhstan must complete an undergraduate law degree and pass the state
examination.[9]

[edit]Malaysia

Malaysia requires attorneys to be members of one of the two regional bar associations, which
requires the completion of a Bachelor of Laws degree (an LL.B., which requires four years of
study) or a Bachelor of Jurisprudence (B. Juris, which requires three years of study), a Certificate
in Legal Practice, and a nine month apprenticeship.[10]

[edit]New Zealand
New Zealand requires an undergraduate law degree (LL.B., which lasts four years), and
completion of the Professional Legal Studies Course (which lasts five months).[11]

[edit]Pakistan

Pakistan does not require any specific qualification to render legal advice. Any person who is
learned in the law can act as legal advisors, it is fairly common for professionals such as
accountants or bankers to give advise on the law relating to their field. Almost all persons
practicing as lawyers however do have a law degree.

To enjoy rights of audience in the Courts, however, (to be an "Advocate"), a prospective lawyer
must obtain a Qualifying Law Degree which is approved by the Pakistan Bar Council. After that,
he or she must undertake a 6 month period of training under a senior lawyer (called Pupillage or
Apprenticeship or Internship) at the conclusion of which, the Bar Council may grant him or her
rights of audience in the lower courts, meaning all courts except the High Court and Supreme
Court. He she will earn rights of audience in the Superior Courts after a further two (High Court)
and 10 (Supreme Court) respectively.

[edit]Singapore
Singapore requires an undergraduate law degree (LL.B., which requires four years, or 3 years for
a second entry LL.B.), completion of the Postgraduate Practical Law Course (which lasts 5
months), and the completion of a six month apprenticeship.[12]

[edit]Sri Lanka
Sri Lanka requires an attorney to be admitted and enrolled as an Attorney-at-Law of the Supreme
Court of Sri Lanka.[citation needed] One must pass the required law exams at the Sri Lanka Law
College, and then spend one year in apprenticeship to a practicing attorney.[citation needed]To sit for
the exams, students must graduate from the Sri Lanka Law College, or be qualified by gaining a
LL.B. from a local or foreign university.[citation needed]

[edit]Europe

See also: European lawyer

Among European Union members, the Diplomas Directive (Directive no. 89/48/EEC) states that
those who have obtained a license or diploma in one state can pursue the profession in another
state. Thus, it is not difficult for a law degree in one jurisdiction to be used as a qualifying degree
in another jurisdiction within the European Union.

[edit]Belgium

In Belgium, a prospective lawyer ("advocaat" in Dutch, "avocat"/"avocate" in French) must

complete a Bachelor in Law (which requires three years of study), a Master in Law (which
requires two years of study), a three year apprenticeship, the CAPA course of study, and must
pass the final bar exam.[13]

[edit]Czech Republic
A person must meet the following conditions in order to be admitted to practice law in the Czech
republic[14]:

 full capacity
 Master degree in law acquired at a Czech law school or anologous education acquired at
a foreign university, if such an education is officially acknowledged as equivalent by an
internetional treaty, by which the Czech republic is bound, or if a particular enactment
acknowledges such a foreign education, or if it is acknowledged due to its content and extent
from the point of view of knowledge and skill as sufficient for practicing law by the Advocacy
Enactment
 at least three years of legal apprenticeship
 personal integrity (absence of conviction for deliberate crime)
  absence of disciplinary punishment of prohibition of law practice (if a person was already
a law practicioner)
 absence of being striken from the list of law practicioners because of personal bacruptcy
 absence of labour engagement or officiary engagement, except of engagement:
 to the Bar Association or to similar organisation in other EU state
 to a law practicioner or to a legal personality established in order to provide legal
services
 to a University as a lecturer
 as a scientific worker of Academy of Sciences of the Czech Republic
 passing the bar exam
 taking the pledge

[edit]Denmark

In Denmark, to use the title of advokat one must complete an LL.B. (three years of study) and a
LL.M. (which awards the academic title of Candidata Juris, and requires two years of study),
followed by a three year apprenticeship, one year as an assistant lawyer, and an exam which has
a moot court element.[15]

[edit]France

To become a French lawyer an "avocat"(male)or "avocate"(female), one must obtain an

undergraduate degree (licence, three years), a Masters of Laws (diplôme de maîtrise en droit,
two years), complete the exam to enter l'Ecole de Formation du Barreau which provides a course
of eighteen months and results in the award of the requisite Certificat d'aptitude à la profession
d'avocat (CAPA).[16]

[edit]Finland

Anyone can practice law in Finland, not just lawyers. However, only those licensed by the bar
association may use the title asianajaja, which requires the completion of a Bachelor of Laws (or
oikeusnotaari, which takes three years), a Master of Laws (or oikeustieteen maisteri), which takes
two years, a four year apprenticeship, and the passing of a bar exam which also requires the
demonstration of practical skills.[17]

[edit]Germany

In Germany, a lawyer (Rechtsanwalt) must be a member of a local bar association. The

requirements for membership include an undergraduate law degree (Rechtswissenschaft or
Diplom-Jurist, which requires about four and a half years and includes the First State Exam), a
two year apprenticeship, and the passing of the Juristisches Staatsexamen (Second State Exam).
[18]

[edit]Greece

Greece requires that a lawyer (δικηγόρος) be a member of a local bar association. Requirements
include an undergraduate law degree, which lasts at least four years, an eighteen month
apprenticeship, and the passing of the bar.

[edit]Ireland

Following the English tradition, Ireland has both barristers and solicitors. To become a solicitor,
one must complete an undergraduate degree or pass the Preliminary Examination. One must
then pass the Final Examination, complete a two year apprenticeship, and finish the concurrent
Professional Practice Courses. To become a barrister, one must complete an undergraduate law
degree (BCL, which lasts three years or LL.B. which last four years) or the Kings Inns Diploma in
Legal Studies which lasts two years, obtain the Degree of Barrister-at-Law from the Honorable
Society of King's Inns, and finish a one year pupillage (known as devilling).[19]

[edit]Italy

Italy mandates membership in an Italian bar association, which requires completion of an

undergraduate law degree (Laurea in Scienze Giuridiche, three years), a graduate law degree
(Laurea Specialistica in Giurisprudenza, a two years program which confers the title of Dottore
Magistrale in Giurisprudenza), a two year apprenticeship, and passing of the professional exam.
[20]

[edit]Moldova

Moldova requires an undergraduate law degree and passage of the state examination.[21]

[edit]Netherlands

In the Netherlands, to be a licensed lawyer (Advocaat), one must complete an undergraduate law
degree (Bacheloropleiding or LL.B, which is three years of study), the master of law degree
(doctorandus in law before implementation of the Bologna Process and conferring the meester
title, which is a one year LL.M. program), and a three year apprenticeship.[22]

[edit]Poland

In Poland, a lawyer (adwokat or radca prawny) must complete a magister's degree in law (which
lasts five years) and be admitted to a bar association (The Polish Bar Council or National
Chamber of Legal Advisors). There are several ways to gain admission to the bar, including:
three years of training followed by the bar exam; five years of legal professional experience
followed by the bar exam; a Ph.D. in law followed by either the bar exam or 3 years of legal
professional experience; or possession of high academic qualifications in legal sciences (e.g.,
habilitated doctor or professor). Once admitted to the bar association of one occupation, a lawyer
can move to another occupation with little hassle.[23][24]

[edit]Russia

It is not necessary to have a license to practice law in Russia as a legal consultant, but only the
members of the Russian bar associations (advocates) are permitted to appear in court on criminal
matters. In Russia, an advocate must obtain an undergraduate degree in law (four years) and a
Specialist in Law or Jurist degree (one year), then pass oral examinations (although top
graduates are exempt from portions of the exam).[25]

[edit]Spain

In Spain, a lawyer uses the title of Licenciado/Abogado(male) or Licenciada/Abogada(female),

and must be a member of a local bar association, such as the bar association of Madrid.
Membership requirements for all bar associations are the same. The only requirement is a
graduate law degree, the Titulo de Licenciado en Derecho, which requires five years of study.[26]

[edit]Sweden

In Sweden, membership in the bar association is required to use the title of advokat or lawyer, but
not to practice law. Membership in the bar association requires an LL.M. degree (jur.
kandidatexamen, which lasts four and a half years); five years of legal work, at least three of
which must be in a law office (either an established firm or one's own firm), and the passing of an
oral examination.[27]

[edit]Switzerland

In Switzerland, lawyers must complete a Bachelor of Law (BLaw, which lasts 3 years), a Master
of Law (MLaw, which lasts three terms), a one year to two years apprenticeship (depending on
the Canton), and pass the bar examination.[28]

[edit]United Kingdom
The United Kingdom comprises three distinct legal jurisdictions:

 English law in England and Wales

 Northern Ireland law in Northern Ireland
 Scots law in Scotland

As such, admission to practice law requires different qualifications in each country of the UK.
[edit]England and Wales

In England and Wales, one does not have to be admitted to the bar to practice law, but
qualiications are required to become a solicitor or barrister, who have special rights of audience in
Court. For both the solicitor and barrister professions, one must either obtain an undergraduate
law degree (LL.B., which typically lasts three years), or complete the Common Professional
Examination/Graduate Diploma in Law (which lasts one year after completing an undergraduate
degree). Potential solicitors are then required to complete the Legal Practice Course which lasts
one year, then a two year apprenticeship under a training contract, during which the trainee
solicitor has to complete a Professional Skills Course.[29] Potential barristers must usually
complete the one year Bar Vocational Course, followed by a year of vocational training known as
a pupillage.
[edit]Scotland

Scotland requires an undergraduate law degree (LL.B., which lasts four years if taken as a first
degree (with honours) three if taken as an Ordinary Degree and two years if taken as a graduate
entry degree), a Diploma in Legal Practice (one year), and completion of a two year
apprenticeship together with the Professional Competence Course (which lasts seven days).[30]

[edit]The Americas
In U.S. English, admission to the bar is also commonly known as obtaining one's "law license"
("licence" in Canadian English).

[edit]North America
[edit]Canada

Canadian applicants to the bar must obtain admission to one of the local Law Societies in the
various jurisdictions of Canada. As an example, the Law Society of British Columbia requires that
a student complete an undergraduate degree in any discipline (B.A. of four years), an
undergraduate law degree (LL.B. and/or B.C.L., three to four years) or Juris Doctor (three years),
a nine month apprenticeship referred to as "articling," a Professional Legal Training Course (ten
weeks), and the bar exam for that jurisdiction.[31]
[edit]Mexico

Lawyers in Mexico are required to complete a law degree (Licenciado en Derecho, a five year
program), and obtain a practice certificate (cedula professional) from the Bureau of Professions of
the Ministry of Education (Direction General de Profesiones), which officially certifies the license
by virtue of the law degree.[32]
[edit]United States of America
Main article: Admission to the bar in the United States

Lawyers in the United States must be admitted by each U.S. jurisdiction in which legal advice is
rendered (a U.S. state, commonwealth or territory), which generally requires that they complete
an undergraduate degree in any discipline (usually four years), obtain a Juris Doctordegree (three
years) and pass a bar exam. However, the requirements vary between jurisdictions, and there are
exceptions to each of the general requirements in some.[33] 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).[34]

[edit]South America
[edit]Argentina

In Argentina, prospective lawyers must complete an undergraduate law degree (Abogado, which
lasts five to six years depending on the University), and then become a member of one of the
jurisdictional associations.[35]
[edit]Brazil

Brazil requires an undergraduate law degree (Diploma, which lasts five years) and the passing of
the bar examination.[36]
[edit]Chile

Chile requires a law degree (Licenciado en Ciencias Jurídicas, five years) and a six month
apprenticeship.[37]
[edit]Peru

Lawyers (Abogados) in Peru must be members of a local bar association, which requires an
undergraduate law degree (Bachiller en Derecho, a four year program) and a diploma (Titulo de
Abogado), the latter requiring one year of apprenticeship and passing of the bar exam.[38]

Admission to the bar in the United States

.

In the United States, admission to the bar is permission granted by a particular court system to
a lawyer to practice law in that system. Each U.S. state and similar jurisdiction (e.g.territories under
federal control) sets its own rules for bar admission (or privilege to practice law), as a result of the
separate sovereignty of the states and their respective court systems as guaranteed by the Tenth
Amendment to the United States Constitution. In practice, this leads to strikingly different admission
standards among states. In most cases, a person who is "admitted" to the bar is thereby a "member"
of the particular bar.

In general, a prospective lawyer will need to pass a state-administered bar exam after earning aJuris
Doctor degree from a law school approved by the state in which he/she wants to practice. Typically,
there is also a character and fitness evaluation, which includes a background check.

Because each state has its own bar, a lawyer who is admitted to practice in one state is not
automatically allowed to practice in another. Some states have reciprocal agreements that allow
attorneys from other states to practice without sitting for another full bar exam. These agreements
differ significantly among the states.

[edit]General requirements for admission

Each state has its own rules which are the ultimate authority concerning admission to its bar. In 1763
Delaware created the first bar exam with other American colonies soon following suit.[1] Generally,
admission to a bar requires that the candidate do the following:

 In most situations, earn a Juris Doctor from a law school approved by that state (often, but not
always,[2] this means accredited by the American Bar Association); or, where permitted, participate
in an approved Law Clerk program ("reading the law").

 In all United States jurisdictions except Maryland, Puerto Rico, Wisconsin, and Washington,
all candidates must pass the Multistate Professional Responsibility Examination (MPRE), an
examination covering the professional responsibility rules governing lawyers. This test is not
administered at the same time as any U.S. bar exam. Most candidates take the MPRE while still in
 law school; indeed, some states require that a candidate pass the MPRE before being allowed to
sit for the bar exam. Connecticut and New Jersey waive the MPRE for candidates who have
received a grade of C or better in a law school professional ethics class.

 Pass a bar examination, usually administered by the state bar association or under the
authority of the supreme court of the particular state. Typically the exam consists of several parts
administered over two or three days, typically including:

 The Multistate Bar Examination (MBE), in all states/territories except Louisiana,

Washington and Puerto Rico. This standardized testconsists of 200 multiple-choice questions.

 In the jurisdictions that do not use the MPRE, a professional responsibility ("ethics")
exam is included as part of the main bar exam. Some states, such as New York employ the
MPRE and include ethics questions in their main exam.

 State-specific examinations, such as essays in

Washington, Minnesota and Massachusetts. Some states, such as Florida and New York,
include both essays and multiple-choice questions in their state-specific
sections; Virginia uses full essays and short-answer questions in its state-specific section.

 Be certified (usually by the state bar association) as having the good moral character and
fitness to practice law.

 Apply to that state's authority responsible for licensing lawyers and pay required fees. Upon
approval by that authority, the admittee takes an oath to comply with the rules governing the
practice of law in that state, and receives a certificate of admission.

 Some jurisdictions have additional educational requirements; however, Continuing Legal

Education (CLE) is generally a matter of license renewal, not admission.

[edit]Exceptions

[edit]Pro se litigants
In Adams v. United States ex rel. McCann (317 US 269) the United States Supreme Court upheld the
individual's right to represent him or herself without being admitted to a bar (pro se).[3] However,
persons representing themselves are not "admitted" to the bar.

[edit]Waiver

Minnesota, North Dakota and the District of Columbia allow attorneys who recently passed the bar
exam of another state, and who were subsequently admitted to the bar of that state while scoring a
certain minimum score on the Multistate Bar Examination (MBE), to "waive" into admission rather than
sitting for that jurisdiction's exam. (They must also satisfy other formalities before they may practice in
the jurisdiction.) Attorneys who passed the bars of Louisiana, Washington, and Puerto Rico cannot
"waive in" using this method, since these are the three jurisdictions in the United States that do not use
the Multistate Bar Examination.

[edit]Diploma privilege
Once used by as many as 32 U.S. states and the District of Columbia, Wisconsin is currently the only
state that offers a broad diploma privilege for admission to its state bar. New Hampshire began
offering diploma privilege to a severely limited number of law graduates in 2008. Most recently, West
Virginia did away with the rule in 1988, Montana in 1983 and Mississippi in 1981.

In Wisconsin, graduates of the two ABA-accredited law schools in the state—currently, the Marquette
University Law School and theUniversity of Wisconsin Law School—may obtain admission to the bar
of Wisconsin through the diploma privilege without taking any examination. To qualify for the diploma
privilege, the graduate must have met certain criteria with regard to the courses taken in law school
and the graduate's performance in those courses. Law graduates seeking the diploma privilege must
still meet the state bar's character and fitness requirements.

Graduates of out-of-state law schools, even if they are Wisconsin residents, must still take the
Wisconsin bar exam to be admitted in Wisconsin. Graduates of Wisconsin law schools must take the
bar exam for other states in which they are going to practice (unless a candidate meets the state's
waiver requirements).

In 2005, New Hampshire launched the Daniel Webster Scholar Honors Program, an alternative bar
certification program, at the state's only law school, the University of New Hampshire School of
Law (then known as Franklin Pierce Law Center). Students apply to the program during the spring of
their 1L (first) year, and only 25 are accepted annually. Webster Scholars go through an intensive,
practice-based program under the supervision of New Hampshire judges, attorneys, and bar
examiners. Students who graduate from the program are exempt from taking the New Hampshire bar
examination, although they must still pass the Multistate Professional Responsibility Examination and
also meet character and fitness requirements. The first class of Webster Scholars graduated in 2008.

A number of U.S. states do not grant reciprocal admission for attorneys who obtained their bar
admission through the diploma privilege, requiring those attorneys to take that state's bar exam,
regardless of the length of that attorney's practice.

[edit]Reciprocity

Main article: Admission on motion

Many states allow for reciprocal admission to the bar of that state if an individual is licensed to practice
in another state which also permits reciprocal admission. Additionally, most states require that the
reciprocal admittee has actively practiced law for a number of years (often three of the last five years,
or five of the last seven years). For example, New York permits admission on motion to applicants who
have practiced five of the last seven years in one of 34 jurisdictions that allow reciprocal admission to
applicants from New York.[4] Depending on the state, there may be limitations on reciprocity, such as
requiring a minimum score on the Multistate Professional Responsibility Examination (MPRE), or even
that the applicant have taken a bar examination in the previous jurisdiction. For example, Rule XIII of
the TexasBoard of Law Examiners allows attorneys practicing full-time 5 of the last 7 years in another
state and who meet minimum scores on the MPRE to be admitted to the Texas bar without having to
sit for the Texas Bar Examination.

Most states that allow reciprocal admission define "full-time practice" to include not only attorneys
working in law firms or solo practice, but also law teachers in accredited U.S. law schools;
military JAG attorneys; federal and state government attorneys; judges, magistrates, administrative
law judges, and similar officials; and in-house corporate counsel. Some states, however, have their
own quirks — for example, in West Virginia, in-house counsel are not considered as being engaged in
the practice of law for the purposes of admission without examination.[5] This means that a lawyer who
has worked exclusively as in-house counsel is ineligible for reciprocal admission in West Virginia, and
a West Virginia in-house counsel is ineligible for reciprocal admission in those jurisdictions that tie
eligibility to the requirements of the lawyer's original jurisdiction.

[edit]Limited license to practice law

A number of jurisdictions will issue, without examination, a limited license to practice law to attorneys
already admitted in another jurisdiction under specified conditions. The most common limited licenses
are:

 Legal services attorneys: Attorneys who practice exclusively in legal aid centers that service
mainly low-income clients, or in public defender offices serving indigent criminal defendants.
Depending on the jurisdiction, attorneys who work in one or both of the named entities may be
eligible for such a license.

 In-house counsel: Attorneys who are employed by a corporation or other business entity that
is not in the business of practicing law, and who perform legal services solely for their employer.

 Foreign legal consultant: A person with formal legal training from a country other than the
United States, who is permitted to engage in activities that would otherwise constitute the practice
of law on the basis of that training. Common designation for attorneys who are "seconded" to
American law firms to learn American law and to cement cross-firm ties.

 Paralegals and other paraprofessionals: A small number of states license paralegals or "legal
document assistants," but these persons must always practice under the supervision of a licensed
attorney. In other words, they cannot open independent private practices and they cannot appear
 in a representative capacity in a court of law, though they are sometimes allowed to appear as
representatives in certain administrative hearings.

[edit]Admission pro hac vice

An attorney who is not licensed in a particular state and before a certain court, but who wishes to
represent a client in a particular matter in that state, may petition the court to provide direct
representation pro hac vice (Latin: "for this one case"). A number of jurisdictions require that the
attorney partner with local counsel for purposes of service of process, attendance at court and
assumption of responsibility. Lawyers who practice under pro hac vice rules are usually also bound by
that state's Rule of Professional Conduct and discipline.

Some federal courts do not admit pro hac vice—for example, the United States District Court for the
Eastern District of Michigan specifically states in its local rules, "Pro hac vice admission is not
permitted." However, this court allows full admission to all attorneys who are licensed and in good
standing in any U.S. jurisdiction.[6]

[edit]Law schools not accredited by the ABA

Alabama, California, Connecticut, Massachusetts, West Virginia and Tennessee allow individuals to
take the bar exam upon graduation from law schools approved by state bodies but not accredited by
the American Bar Association.

[edit]Admission without law school

In California, Vermont, Virginia, and Washington, an applicant who has not attended law school may
take the bar exam after study under a judge or practicing attorney for an extended period of time.
[7]
This method is known as "reading law" or "reading the law".

New York requires that applicants who are reading the law must have at least one year of law school
study (Rule 520.4 for the Admission of Attorneys).

Maine allows students with two years of law school to serve an apprenticeship in lieu of completing
their third year.

[edit]Military lawyers
Lawyers who are full-time active duty military Judge Advocate officers may represent the government
(and certain individual service members) in all states even if they are not members of the particular
state bar where they are stationed or working.

[edit]Admission of foreign-educated lawyers

Many states allow some foreign-educated lawyers to take the bar examination. For example:
  New York allows individuals with at least three years of formal education in the common
law (such as English or Australian law) to take the bar exam. Individuals with two years of
common law training or three years of civil law training may take the bar exam after completing a
one-year Master of Laws (LL.M.) program at an American institution.

 Washington allows individuals admitted "to the practice of law by examination, together with
current good standing, in ... any jurisdiction where the common law of England is the basis of its
jurisprudence, and active legal experience for at least 3 of the 5 years immediately preceding the
filing of the application." See Admission to Practice Rule 3 of the Washington Court Rules

[edit]Tactical considerations regarding admission in multiple

states
Most attorneys seek and obtain admission only to the bar of one state, and then rely upon pro hac
vice admissions for the occasional out-of-state matter. However, many new attorneys do seek
admission in multiple states, either by taking multiple bar exams or applying for reciprocity. This is
common whenever a metro area sprawls into multiple states, like Washington, D.C. and New York
City. Attorneys based in predominantly rural states or rural areas near state borders frequently seek
admission in multiple states in order to enlarge their client base.

Note that in states that allow reciprocity, admission on motion may have conditions that do not apply to
those admitted by examination. For example, attorneys admitted on motion in Virginia are required to
show evidence of the intent to practice full-time in Virginia and are prohibited from maintaining an
office in any other jurisdiction. Also, their licenses automatically expire when they no longer maintain
an office in Virginia.[8]

[edit]Types of state bar associations

Admission to a state's bar is not necessarily the same as membership in that state's bar association.
There are two kinds of state bar associations:

[edit]Mandatory (integrated) bar

Thirty-two states and the District of Columbia require membership in the state's bar association to
practice law there.[9] This practice is called a having a Mandatory, Unified or Integrated Bar.

In Texas, for example, the "State Bar of Texas" is an agency of the judiciary and is under the
administrative control of the Texas Supreme Court.[10] The State Bar of Texas is composed of those
persons licensed to practice law in Texas, and each such person is required by law to join the State
Bar by registering with the clerk of the Texas Supreme Court.[11] See also State Bar of California.
[edit]Voluntary and private bar associations

A voluntary bar association is a private organization of lawyers. Each may have social, educational,
and lobbying functions, but does not regulate the practice of law or admit lawyers to practice. An
example of this is the New York State Bar Association.

There is a statewide voluntary bar association in each of the eighteen states that have no mandatory
or integrated bar association. There are also many voluntary bar associations organized by city,
county, or by other community, such as the Hispanic National Bar Association. The American Bar
Association is the voluntary bar association with the largest membership. After the American Bar
Association denied membership to African-American lawyers, the National Bar Association was formed
in 1925, and the two racially segregated groups continued for decades. Now both groups are open to
attorneys without regard to race.

[edit]Additional requirements in certain courts and offices

[edit]State appellate courts
In many states of the U.S., admission to the bar of a state does not entitle the admitted attorney to
appear and plead before the appellate courts of the state. However, admission to the bar of the
appellate court is usually a fairly simple matter of paying a nominal application fee and taking an oath
of admission.

[edit]Federal courts
[edit]Federal district and appellate courts
Admission to a state bar does not entitle the admitted attorney to appear and plead before the United
States district courts or any United States court of appeals. As with State appellate courts, admission
to the bar of a federal district or appellate court is granted upon payment of a fee and taking an oath of
admission. These requirements are often different (such as not requiring a fee) for attorneys who
appear before federal courts on behalf of the United States federal government, such as Assistant
United States Attorneys.

An attorney must apply to each district separately. For instance, a Texas attorney who practices in
federal courts throughout the state would have to get admitted separately to the Northern District of
Texas, the Eastern District, the Southern District, and the Western District. To handle a federal appeal
the attorney would also be required to be admitted separately to the Fifth Circuit Court of Appeals for
general appeals and to the Federal Circuit for appeals that fall within that court's jurisdiction. As
the United States Bankruptcy Courts are divisions of the District Courts, admission to a particular US
District Court usually includes automatic admission to the corresponding Bankruptcy Court. The
Bankruptcy Courts require attorneys attend training on electronic filing before they may file motions
however.

Some federal district courts have extra admission requirements. For instance, the Southern District of
Texas requires attorneys seeking admission to attend a class on practice and procedures in that
District, while the Southern District of Florida administers an entrance exam. The United States District
Court for the District of Rhode Island requires candidates to both attend classes and pass an
examination. Many federal district courts require attorneys to be members of the state bar where the
court sits. Note that this is not necessarily consistent within a state—for example, in Ohio,
the Southern District generally requires membership in the Ohio state bar for full admission,[12] while
full admission to the Northern District is open to all attorneys in good standing with any U.S.
jurisdiction.[13]

[edit]Supreme Court of the United States

An attorney wishing to practice before the Supreme Court of the United States must apply to do so.
The attorney must have been admitted to a state bar for at least three years, and the application must
be sponsored by two attorneys already admitted to the Supreme Court bar. A fee and a written oath
are also required. [2]

[edit]Courts of Subject Matter Specific Jurisdiction

While U.S. District Courts are courts of general jurisdiction, there are a number of federal courts with
subject matter specific jurisdiction. These include the Court of Federal Claims, Court of Appeals for the
Federal Circuit, Court of International Trade, Tax Court, Court of Appeals for Veterans Claims, Foreign
Intelligence Surveillance Court, Foreign Intelligence Court Court of Review, Alien Terrorist Removal
Court, Court of Appeals for the Armed Forces, and the courts of criminal appeals for each military
branch.

[edit]United States Tax Court

Various other specialized courts, e.g., the United States Tax Court, have separate admission
requirements. The United States Tax Court is unusual in that a non-attorney may be admitted to
practice. However, the non-attorney must take and pass an examination administered by the Court to
be admitted, while attorneys are not required to take the exam. Most members of the Tax Court bar
are attorneys.

[edit]Patent practice
Persons wishing to "prosecute" patents before the United States Patent and Trademark
Office (USPTO)—i.e., represent clients in the process of obtaining a patent—must first pass
the USPTO registration examination, frequently referred to as the "patent bar." Detailed information
about applying for the registration examination is available in the USPTO's General Requirements
Bulletin.[14]

A Juris Doctor degree is not required to sit for the patent bar. Lawyers who pass the patent bar exam
may refer to themselves as a patent attorney; non-lawyers are referred to as "patent agents". Patent
agents may not hold themselves out as licensed attorneys.

Applicants must have U.S. citizenship, permanent residency (a "green card"), or a valid work visa for a
patent-related job. An applicant on a work visa, upon passing the exam, is only given "limited
recognition" to perform work for the employer listed on the work visa. Only U.S. citizens can maintain
their registration in the patent bar while they are working outside the United States.

The USPTO requires that applicants to the patent bar have earned a bachelor's degree. Applicants are
categorized as having earned an accredited "bachelor's degree in a recognized technical subject"
(category A), having earned a "bachelor's degree in another subject" with sufficient credits to qualify
for the exam (category B), or having "practical engineering or scientific experience" (category C).

Applicants in "category A" must have an engineering or hard science degree in a field listed in the
General Requirements Bulletin. Note that the degree field as shown on the diploma must be exactly as
it appears on the list; for example, "aerospace engineering" does not qualify under category A, while
"aeronautical engineering" does. A computer science degree is accepted under "category A" as long
as it is received from an ABET-accredited or CSAB-accredited program.

Applicants in "category B" must have earned a bachelor's degree, and must have sufficient credits in
science and engineering courses to meet the USPTO's requirements; the number of credits depends
on the specific discipline. The coursework must include a minimum of eight credit-hours of acceptable
classes in either chemistry or physics. Each course being relied upon by the applicant for credit is
evaluated by the USPTO's Office of Enrollment and Discipline for suitability; see the General
Requirements Bulletin for the horrific details. Engineering and Computer Science majors whose
degree programs do not meet "category A" requirements (typically due to the named field of the
degree or, especially in computer science, lack of program accreditation) can apply under "category
B".

Applicants in "category C" may present evidence of passing the Fundamentals of Engineering exam as
proof of technical education. They must also have a bachelor's degree. Although the admission
requirements allow applicants to substitute proof of technical experience for technical education, this is
rarely done in practice.

Most patent lawyers have a relevant four-year degree and many have graduate technical degrees.
Legal ethics rules prohibit lawyers from using the title "patent attorney" unless they are admitted to
practice before the USPTO. Patent litigation attorneys do not have to be patent attorneys, although
some are.

Passing the patent bar is not necessary to advise clients on patent infringement, to litigate patent
issues in court or to prosecute trademarks. However, only registered patent attorneys or patent agents
can prosecute patents in the USPTO.

[edit]Military law
Service as a member of the Judge Advocate General's Corps (JAG Corps) of the military services
requires graduation from an American Bar Association approved law school, a license to practice law
in any state or territory of the United States, and training at the specialized law school of one of the
three military services.

In a court-martial, the accused is also entitled to retain counsel at their own expense. (Also, they are
provided JAG Corps defense counsel at no expense to them.) Such civilian retained counsel need not
be a JAG Corps members. Civilian counsel must be a member of a state bar and is administered an
oath at the beginning of each court-martial, swearing or affirming to perform the duties of defense
counsel.[15]

Criminal appeals for each branch of the military are heard by the Air Force Court of Criminal Appeals,
Army Court of Criminal Appeals, Navy-Marine Court of Criminal Appeals, and Coast Guard Court of
Criminal Appeals. Appeals from these courts are heard by the U.S. Court of Appeals for the Armed
Forces.[16]

[edit]Terminology

The use of the term "bar" to mean "the whole body of lawyers, the legal profession" comes ultimately
from English custom. In the early 16th century, a railing divided the hall in the Inns of Court, with
students occupying the body of the hall and readers or Benchers on the other side. Students who
officially became lawyers crossed the symbolic physical barrier and were "admitted to the bar".
[17]
Later, this was popularly assumed to mean the wooden railing marking off the area around the
judge's seat in a courtroom, where prisoners stood for arraignment and where abarrister stood to
plead. In modern courtrooms, a railing may still be in place to enclose the space which is occupied by
legal counsel as well as the criminal defendants and civil litigants who have business pending before
the court.

Courts in the U.S. make no distinction between barristers and solicitors; all lawyers are "admitted to
the bar".
[edit]Apprenticeship issue
The American legal system is unusual in that, with few exceptions, it has no formal apprenticeship or
clinical training requirements betweenthe period of academic legal training and the bar exam, or even
after the bar exam. Two exceptions are Delaware and Vermont, which require that candidates for
admission serve a full-time clerkship of at least five months (Delaware) or three months (Vermont) in
the office of a lawyer previously admitted in that state before being eligible to take the oath of
admission.

On October 12, 2005, the Washington State Supreme Court adopted amendments to Admission to
Practice Rule 5 and 18, mandating that, prior to admission, Bar applicants must complete a minimum
of four hours of approved pre-admission education.[18][19]

Some law schools have tried to rectify this lack of experience by requiring supervised "Public Service
Requirements" of all graduates[20]. States that encourage law students to undergo clinical training or
perform public service in the form of pro bono representation may allow students to appear and
practice in limited court settings under the supervision of an admitted attorney. For example, in New
York's Third Appellate Department, "Any officer or agency of the state ... or any legal aid
organization ... may make application to the presiding justice of this court for an order authorizing the
employment or utilization of law students who have completed at least two semesters of law school
and eligible law school graduates as law interns to render and perform legal services ... which the
officer, agency or organization making the application is authorized to perform."[21] Similarly, New
York's state Department of Labor allows law students to practice in unemployment benefits hearings
before the agency.[22]

As a result, in most jurisdictions anyone with a J.D. (or equivalent experience in the states that allow it)
may take the bar exam and be admitted to the bar, and then may immediately seek out clients and
start filing papers with a court. The current system has been criticized[who?] on the grounds that clients
often end up subsidizing the apprenticeship of young lawyers.

[edit]Character and fitness

In addition to the educational and bar examination requirements, most states also require an applicant
to demonstrate good moral character. This has resulted in a variety of subjective factors being used to
prevent applicants who are otherwise qualified from being admitted. For example, until the policy was
reversed by the Supreme Court of Virginia in 1979, female applicants who were cohabiting out of
wedlock were denied admission to the bar.[23] In early 2009, a person who had passed the New York
bar and had over $400,000 in unpaid student loans was denied admission by the New York Supreme
Court, Appellate Division due to excessive indebtedness, despite being recommended for admission
by the state's character and fitness committee.[24] He moved to void the denial, but the court upheld its
original decision in November 2009, by which time his debt had accumulated to nearly $500,000.[25]

For example, in Virginia, each applicant must complete a 24-page questionnaire[26] and appear before
a committee for an interview.[27]

[edit]Admission formalities
Once all prerequisites has been satisfied, an attorney must actually be admitted. The mechanics of
this vary widely. For example, in California, the admittee simply takes an oath before any state judge
or notary public, who then co-signs the admission form. The admittee returns the form to the State Bar
of California, which updates the official roll of attorneys. The State Bar also holds large-scale formal
admission ceremonies in conjunction with the U.S. Court of Appeals for the Ninth Circuit and the
federal district courts, usually in the same convention centers where new admittees took the bar
examination, but these are optional.

In other jurisdictions, such as the District of Columbia, new admittees must attend a special session of
court in person to take the oath of admission in open court; they cannot take the oath before any
available judge or notary public.

[edit]Incidents of admission
A successful applicant is permitted to practice law after being sworn in as an officer of the Court. Upon
admission, a new lawyer is issued a certificate of admission, usually from the state's highest court, and
a membership card attesting to admission. Two states are exceptions to the general rule of admission
by the state's highest court:

 In New York, admission is granted by the state's intermediate appellate courts.[28]

 In Georgia, each new attorney is admitted to practice by the local trial court of the county in
which he or she resides or desires to practice. The new attorney must separately seek admission
to the Georgia Courts of Appeals as well as the Georgia Supreme Court.[29]

In most states (New York is also an exception to this), lawyers are also issued a unique bar
identification number. In many states where unauthorized practice of law is a problem, the state bar
number must appear on all documents submitted by a lawyer.[30]