Lawyers and Judges

All lawyers may give legal advice and represent clients in court when necessary. No matter what their specialty, their job is to help clients know their rights under the law and then help them achieve these rights before a judge, jury, government agency, or other legal forum, such as an arbitration panel. Lawyers may represent businesses and individuals. For businesses, they manage tax matters, arrange for stock to be issued, handle claims cases, represent the firm in real estate dealings, and advise on all legal matters. For individuals they may be trustees, guardians, or executors; they may draw up wills or contracts or advise on income taxes or on the purchase or sale of a home. Some work solely in the courts; others carry on most of their business outside of court, doing such tasks as drawing up mortgages, deeds, contracts, and other legal documents or by handling the background work necessary for court cases, which might include researching cases in a law library or interviewing witnesses. A number of lawyers work to establish and enforce laws for the federal and state governments by drafting legislation, representing the government in court, or serving as judges.

Lawyers can also take positions as professors in law schools. Administrators, research workers, and writers are also important to the profession. Administrative positions in business or government may be of a nonlegal nature, but the qualities, background, and experience of a lawyer are often helpful in such positions.

Other individuals with legal training may choose not to practice but instead opt for careers in which their background and knowledge of law are important. These careers include tax collectors, credit investigators, FBI agents, insurance adjusters, process servers, and probation officers.

Some of the specialized fields for lawyers include the following:

Civil lawyers work in a field also known as private law. They focus on damage suits and breach-of-contract suits; prepare and draw up deeds, leases, wills, mortgages, and contracts; and act as trustees, guardians, or executors of an estate when necessary.

Criminal lawyers, also known as defense lawyers, specialize in cases dealing with offenses committed against society or the state, such as theft, murder, or arson. They interview clients and witnesses to ascertain facts in a case, correlate their findings with known cases, and prepare a case to defend a client against the charges made. They conduct a defense at the trial, examine witnesses, and summarize the case with a closing argument to a jury.

District attorneys, also known as prosecuting attorneys, represent the city, county, state, or federal government in court proceedings. They gather and analyze evidence and review legal material relevant to a lawsuit. Then they present their case to the grand jury, which decides whether the evidence is sufficient for an indictment. If it is not, the suit is dismissed and there is no trial. If the grand jury decides to indict the accused, however, the case goes to court, where the district attorney appears before the judge and jury to present evidence against the defendant.

Probate lawyers specialize in planning and settling estates. They draw up wills, deeds of trust, and similar documents for clients who want to plan for giving their belongings to their heirs when they die. Upon a client's death, probate lawyers vouch for the validity of the will and represent the executors and administrators of the estate.

Bankruptcy attorneys assist their clients, both individuals and corporations, in obtaining protection from creditors under existing bankruptcy laws and with financial reorganization and debt repayment.

Corporation lawyers, sometimes known as corporate lawyers, advise corporations concerning their legal rights, obligations, or privileges. They study constitutions, statutes, previous decisions, ordinances, and decisions of quasi-judicial bodies that are applicable to corporations. They advise corporations on the pros and cons of prosecuting or defending a lawsuit. They act as agent of the corporation in various transactions and seek to keep clients from expensive litigation.

Maritime lawyers, sometimes referred to as admiralty lawyers, specialize in laws regulating commerce and navigation on the high seas and any navigable waters, including inland lakes and rivers. Although there is a general maritime law, it operates in each country according to that country's courts, laws, and customs. Maritime law covers contracts, insurance, property damage, and personal injuries.

Intellectual property lawyers focus on helping their clients with patents, trademarks, and copyright protection. Patent lawyers are intellectual property lawyers who specialize in securing patents for inventors from the United States Patent Office and prosecuting or defending suits of patent infringements. They prepare detailed specifications for the patent, may organize a corporation, or advise an existing corporation to commercialize on a patent. Biotechnology patent law is a further specialization of patent law. Biotechnology patent lawyers specialize in helping biotechnology researchers, scientists, and research corporations with all legal aspects of their biotechnology patents.

Elder law attorneys are lawyers who specialize in providing legal services for the elderly and, in some cases, the disabled.

Tax attorneys handle cases resulting from problems of inheritance, income tax, estate tax, franchises, and real estate tax, among other things.

Insurance attorneys advise insurance companies about legal matters pertaining to insurance transactions. They approve the wording of insurance policies, review the legality of claims against the company, and draw up legal documents.

An international lawyer specializes in the body of rules that are observed by nations in their relations with one another. Some of these laws have been agreed to in treaties, some have evolved from long-standing customs and traditions.

Securities and exchange lawyers monitor individuals and corporations involved in trading and oversee their activities to make sure they comply with applicable laws. When corporations undergo takeovers and mergers, securities and exchange lawyers are there to represent the corporations' interests and fulfill all legal obligations involved in the transaction.

Real estate lawyers handle the transfer of property and perform such duties as searching public records and deeds to establish titles of property, holding funds for investment in escrow accounts, and acting as trustees of property. They draw up legal documents and act as agents in various real estate transactions.

Title attorneys deal with titles, leases, contracts, and other legal documents pertaining to the ownership of land, and gas, oil, and mineral rights. They prepare documents to cover the purchase or sale of such property and rights, examine documents to determine ownership, advise organizations about legal requirements concerning titles, and participate in the trial or lawsuits in connection with titles.

Other lawyers may specialize in environmental, employee benefits, entertainment, or health law.

It is important to note that once you are licensed to practice law, you are legally qualified to practice any one or more of these and many other specialties. Some general practitioners handle both criminal and civil matters of all sorts. To become licensed, you must be admitted to the bar of that state. Bar examiners test the qualifications of applicants. They prepare and administer written exams covering legal subjects, examine candidates orally, and recommend admission of those who meet the prescribed standards.

Lawyers become judges by either election or appointment, and preside over federal, state, county, or municipal courts. Judges administer court procedures during trials and hearings and establish new rules on questions where standard procedures have not previously been set. They read or listen to claims made by parties involved in civil suits and make decisions based on facts, applicable statutes, and prior court decisions. They examine evidence in criminal cases to see if it supports the charges. Judges listen to the presentation of cases, rule on the admission of evidence and testimony, and settle disputes between attorneys. They instruct juries on their duties and advise them of laws that apply to the case. They sentence defendants found guilty of criminal charges and decide who is responsible in non-jury civil cases. Besides their work in the courtroom, judges also research legal matters, study prior rulings, write opinions, and keep abreast of legislation that may affect their rulings.

Some judges have other titles such as magistrate, or justice, and preside over a limited jurisdiction. Magistrates hear civil cases in which damages do not exceed a prescribed maximum, as well as minor misdemeanor cases that do not involve penitentiary sentences or fines that exceed a certain specified amount.

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