Overview of Lawyers/Law
By common sense definition, a Lawyer has studied “the Law.”
TYPES OF LAWS
There are several main categories of law:
Statutes – (not to be confused with marble monuments called “statues”) – a law enacted by a government including the US Congress, a state, or a municipality
Regulations – adopted by a government agency such as the EPA (Environmental Protection Agency)
Ordinances – laws adopted by a municipality for application only within that local government’s area
Judges’ decisions (historically called “The Common Law”). Judges do not create any laws; they only apply the law based upon the judge’s analysis of whether a statute and/or previous judicial decisions apply to the relevant facts presented in the litigation over which the judge is assigned to control. An Appeals Court’s majority Opinion, applying facts to prior law, has the same effect as a statute or regulation (unless that Opinion may be overruled on appeal by a different court of higher jurisdiction).
LAWYER OR ATTORNEY – WHAT’S THE DIFFERENCE?
Lawyer – a graduate from an accredited law school
Attorney – a lawyer who passes the Bar Exam of the State in which that lawyer seeks to practice law; once passed, the attorney is licensed to provide legal advice and represent clients in court; attorneys must comply with each state’s rules governing attorneys. Such rules deal with ethics, fees, malpractice insurance and continuing legal education.
REQUIREMENTS TO BE A LICENSED LAWYER
Until early in the 1900s, an individual could “read the law” and then try to pass a state’s Bar Examination to be licensed to practice law by charging clients for advice or to represent them in court. Since at least the 1950s, individuals hoping to practice law either from a desk or in a courtroom are required to
(1) graduate from an accredited law school
(2) pass the Bar Exam for the state where they wish to practice law (passing the exam in one state may lead to automatic admission to the Bar of other states)
(3) have their application to the state’s attorney licensing board approved upon passing the state’s bar examination and confirmation of no serious criminal record
(4) complete the annual requirement to participate in continuing legal education (e.g., in Pennsylvania as of 2021:
(5) maintain legal malpractice insurance
(6) maintain separate bank account for client funds not yet earned
(7) comply with the state’s ethical rules applicable to lawyers
CAREER OPTIONS AFTER LAW SCHOOL
Many law school graduates never actually “practice law” but use their legal training within a career in business as a form of mental organization: What are the important facts? Are there separate categories of facts and priorities among those facts? What are the options to proceed or avoid proceeding? What are the risks and rewards for each option?
Some law graduates start to work as attorneys but after a while, opt to leave their law firm to become a full-time employee of a client. This is known as an “in-house” legal counsel.
For those graduates who pass their state’s Bar Exam to be able to advise clients and represent them in Court proceedings, there are many types of special law practices to learn about in great detail to properly advise clients. Practicing law by yourself or trying to provide proper legal advice in multiple areas of the law is more likely to lead to malpractice claims than practicing within a large or small law firm or at least self-restricting your legal advice to a few areas the lawyer well understands in detail. Experienced attorneys advise other lawyers of all degrees of experience, to specialize in only one or two types of law.
TYPES OF LAWYERS
(Editor’s note: when people would ask me what type of lawyer I was, I would reply “A really good one.” But the following list is a more accurate summary of lawyers’ career path possibilities as of 2021.)
A very broad distinction among types of lawyers divides them between Office Lawyers (never represent clients in Court) and Litigators (represent clients preparing for trial and during trial).
Business Lawyer – advises clients on the formal requirements of starting or operating a business, e.g., forming a partnership or a corporation and then conducting annual meetings
Bankruptcy Lawyer – knows well the U.S. Bankruptcy Code; advises clients regarding consumer and commercial bankruptcy issues to avoid paying creditors or presenting claims for payment
Tax Lawyer – understands Federal, State, and local tax codes (which are always changing) to advise clients about tax avoidance, which is legal, but not tax evasion, which is illegal
Defense Lawyer – This category usually refers to attorneys involved in criminal cases, as the defense attorney. (The prosecutor – e.g., District Attorney – would be a Government Lawyer.) Note that there are defense lawyers (usually retained and paid by insurance companies) also involved in civil matters, such as defense of auto accident claims.
Constitutional Lawyer – applies to lawyers who advocate for their clients regarding issues based on interpretations of the US Constitution; examples of issues include Freedom of Speech, Voting Rights, Gun Control Laws, Freedom of the Press, Discrimination and Abortion.
Family Lawyer – advises clients regarding such issues as divorce, child custody, child support, adoption, domestic violence, and pre-marital agreements.
Labor Lawyer – advises clients regarding labor laws, labor union issues, working hours, discrimination in the workplace and safety issues (e.g., Occupational Safety and Health Administration, aka OSHA).
Estate Lawyer – advises regarding planning (Wills and Trusts) and administering estates (decedents and incompetents), also works with financial guardians.
Immigration Lawyer – advises clients seeking citizenship or work visas.
Personal injury Lawyer – assists clients to obtain financial recovery related to medical bills, lost wages / earning capacity and “pain and suffering” related to accidents (e.g., auto, slip and fall on ice or worksite injuries); attorneys must understand insurance law and be prepared to present claims in court.
Intellectual Property Lawyer – knows well US copyright and patent laws; advises clients regarding protection of ideas, writings, inventions, and business trade secrets.
Entertainment Lawyer (no, not a singer, dancer, or comedian) – advise clients who are actors, musicians, or athletes to protect and get compensated for their performances, songs written or sung and personal endorsements.
Medical Malpractice Lawyer – advises clients who believe they were injured by doctors failing to properly diagnose illness or injury; also, for negligent surgical procedures (e.g., amputating the wrong leg!).
Contract Lawyer – advises clients about entering or cancelling contracts and related damages based on breaches of promises or intentional interference with someone else’s contract.
Social Security Disability lawyer – well understands Social Security laws to advise clients seeking government benefit payments for qualified diseases or injuries.
Government Lawyer – advises a government official (e.g., US President) or agency (e.g., Immigration) regarding compliance with laws and regulations applicable to that individual or branch of government; every Federal agency, from Congress to the President, the FBI and every Cabinet office (e.g., Defense Department re military law and handling war prisoners; Justice Department re voting rights; HUD re housing discrimination, etc.) requires legal advice.
Military Lawyer – Each military branch employs lawyers to prosecute or defend members of that military branch; in the Army, these attorneys are called Judge Advocate General (or JAG Officers); cases may involve soldiers accused of abuse or desertion; military lawyers are usually members of the military. The military court system has its own rules of practice and military judges.
Mergers and Acquisitions Lawyer – advises business owners about laws / regulations involving selling and buying businesses; these lawyers deal with securities, tax and finance laws and contract provisions including non-competition and confidentiality.
Environmental Lawyer – understands guidelines and policies of the Environmental Protection Agency (EPA); works with land developers or community organizations toward balancing the rights of business and citizens affecting clean air, water, and grounds.
Real Estate or Property Lawyer – clients include real estate agents, real estate owners, buyers and sellers; also, landlords and tenants; involved in evictions, foreclosures and related disputes.
Toxic Tort Lawyer – advise individuals claiming personal, bodily injury from hazardous substances such as asbestos and chemicals such as benzene; also involving drugs; claims are defended by attorneys hired by insurance companies for product manufacturers, sellers, distributors, and retail sellers.
Video Game Lawyer – represent players and fans as well as the studios and individuals developing games plus publishers and tournament organizers; understand copyright laws, consumer compliance, data protection, licensing and drafting contracts.
Public Interest Lawyer – advise clients and non-profit organizations on issues involving healthcare, disability law, environmental claims, and other social justice issues.
Digital Media and Internet Lawyer – deal with issues involving copyright, piracy, internet privacy, protecting children from online predators and drafting terms and conditions for websites.
Finance and Securities Lawyer – understands IRS (Internal Revenue Service) and SEC (Securities and Exchange Commission) laws and regulations; advises clients for legal issues involving stock trading, banking, fraud, market manipulation and insider trading.
Civil Rights Lawyer – advise clients who believe they have been improperly affected by government agencies or other forms of authority such as churches and businesses; issues involve rights of privacy, voting, speech, religion, press and other Constitutional claims.
Appellate Lawyer – specialize in writing legal “briefs” (sometimes, ironically, very long drafts, though court rules often limit the number of pages allowed) to be “argued” by themselves or other appellate lawyers who specialize in oral presentations of appeal issues – for or against – before courts hearing appeals from trial courts or lower appeals courts.
Law Professors – teach about the law and lawyering within colleges / universities and law schools; classic law teaching involves the “Socratic Method” where the professor “teaches” through asking a series of questions, rather than providing lectures, based on the theory that in real life, clients often present disorganized facts when seeking legal advice and the lawyer has to begin by asking questions to develop the relevant facts before being able to analyze what law(s) apply, as the basis for providing legal advice.
Judge – lawyer who has been appointed (by the U.S. President or a Governor) or elected (by voters in a specific jurisdiction area) to “hear” cases (listen to witnesses and each side’s litigation attorney and then make rulings governing evidence and application of the law); a Judge’s cases are then decided by either the Judge or by a jury.
