|
Unlike most other nations, the
American legal system does not draw a strong line
between solicitors and barristers, nor does it relegate
most routine work to notaries public.
Once accepted by the bar association of a state, an
American lawyer may file legal pleadings and argue cases
in any court in that state (either federal or state),
provide legal advice to clients, and draft important
legal documents (like wills, trusts, deeds, and
contracts). American lawyers use the term lawyering to
refer to the art of practicing law.
In some states, real estate closings may only be
performed by lawyers, even though the lawyer's role in a
closing mostly involves notarization of documents and
disbursement of settlement funds through an escrow
account.
Practicing law can be broadly generalized as:
interviewing the client and identifying what is their
legal matter or dispute,
"spotting" the discrete legal and factual issues
embedded within the client's larger problem,
systematically researching each issue,
designing a solution that resolves at least some of the
issues, if not all, and
executing it through specific tasks like drafting a
contract or filing a motion with a court.
Most
academic legal training is directed to "issue
spotting", how to research facts and law, and
how to argue both the facts and law in favor of
either side in any case. |
