Understanding New Jersey Employment Law: Key Rights and Protections for Workers
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Overview of New Jersey Employment Law
Understanding the intricate tapestry of New Jersey employment law is crucial for workers operating within the state. Learn more about Severance Agreement Attorney Lawrenceville NJ here. It's a complex blend of regulations and protections that aim to foster fair and safe working environments. Let's dive in!
Firstly, New Jersey employees are safeguarded against discrimination in the workplace. This isn't just a suggestion, it's the law! The New Jersey Law Against Discrimination (LAD) prohibits employers from discriminating based on race, creed, color, national origin, ancestry, age, marital status, familial status, sex, gender identity or expression, disability, and other protected characteristics. If someone feels they've been discriminated against, they have the right to raise their voice without fear of retaliation.
When it comes to wages, New Jersey's laws are pretty straightforward. The state has set a minimum wage that employers must adhere to, and this rate tends to increase regularly. Overtime pay, too, is not a matter to be taken lightly; workers are entitled to 1.5 times their regular rate for hours worked beyond the standard 40-hour workweek.
Now, let's talk about leaves and breaks (ah, those precious moments of respite!). New Jersey law requires employers to provide certain breaks, especially for minors. And when life throws a curveball, the New Jersey Family Leave Act steps in, allowing eligible employees to take time off for significant life events without the fear of losing their jobs.
Health and safety - that's a biggie! The Occupational Safety and Health Administration (OSHA) sets the stage, but New Jersey's own Public Employees Occupational Safety and Health (PEOSH) program ensures that public employees enjoy similar protections. Employers must ensure their workplaces are free from recognized hazards that could cause serious harm or, heaven forbid, death.
Unemployment benefits can be a lifesaver when someone loses their job through no fault of their own. New Jersey's Unemployment Compensation Law provides financial support while the individual searches for new employment. But remember, there's a process and criteria for eligibility.
And, of course, it's not all about the sticks; there are carrots too! New Jersey encourages employers to provide benefits like health insurance and retirement plans through various incentives. However, while these benefits are encouraged, they're not mandated by state law, except for certain leave benefits and workers' compensation coverage.
In the event of a workplace dispute, employees have the option to seek resolution through the New Jersey Division of Labor and Workforce Development or through the courts. It's important for workers to know their rights and, if needed, to seek legal counsel to navigate these waters.
In conclusion, New Jersey's employment laws are there to protect workers, but it's up to the individual to be aware of these rights and stand up for them. Remember, knowledge is power (and that's no cliché)! Workers in New Jersey can take comfort in knowing that there's a strong legal framework supporting them, but it's also crucial to remain vigilant and informed about the changes and nuances in the law. So whether you're punching the clock or climbing the corporate ladder, make sure to keep abreast of the laws that govern your workplace. After all, it's your career – and your well-being – at stake!
At-Will Employment and Exceptions in New Jersey
Oh, when it comes to the bustling state of New Jersey, employment laws can be a tad tricky, you know? The Garden State, as folks affectionately call it, mostly follows the at-will employment doctrine. This means that, generally speaking, an employer can say goodbye to an employee for almost any reason-or for no reason at all! And the same goes the other way round; employees can leave their job whenever they fancy, no hard feelings.
Now, don't get it twisted; there are exceptions to this rule that are pretty crucial. First off, New Jersey law won't stand for discrimination. So, if you're fired because of your race, gender, age, religion, or a bunch of other protected categories, that's a big no-no. Employers can't use these as reasons to let you go, and if they do, well, they could be staring down the barrel of a lawsuit.
Another thing to remember (and it's a biggie) is the New Jersey Law Against Discrimination. It's like a shield for workers, protecting them from unfair treatment based on a whole range of personal characteristics.
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Sexual harassment attorney So yeah, at-will or not, you can't just be tossed aside like yesterday's news if it's for a discriminatory reason.
Also, let's not forget about retaliation. Say you've gone and blown the whistle on some shady or illegal activities at work. Your employer can't just fire you as payback. That's against the law, and New Jersey takes that seriously!
But wait, there's more. Contracts can change the whole at-will game.
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If you've got a contract saying you can only be fired for certain reasons or after certain procedures, then that's what goes. And those contracts, they don't always have to be written in stone. Sometimes, even an implied contract based on company policies or statements can limit an employer's ability to fire at will.
So yeah, at-will employment is the starting point in New Jersey, but it's got more exceptions than a rulebook at a board game convention! Workers have got rights, and it's important to know them. If you're not sure about where you stand, it might be a good idea to chat with someone who knows the ins and outs of employment law. After all, it's better to be safe than sorry, right?
Anti-Discrimination Laws Protecting New Jersey Workers
Understanding the complex web of anti-discrimination laws that safeguard New Jersey workers can be quite the task, but it's essential for employees to know their rights and protections. In the Garden State, folks are shielded against unfair treatment in the workplace by a plethora of regulations, and it's not just at the federal level, oh no! New Jersey's own Law Against Discrimination (LAD) stands as a robust defender of worker rights, often exceeding federal protections.
Now, let's delve into the nitty-gritty. The LAD prohibits discrimination on the basis of numerous protected characteristics, including race, creed, color, national origin, age, ancestry, nationality, marital status, sex, gender identity or expression, and disability, among others. It's important to note (and a relief, really), that this law applies to most employers in the state, regardless of the size of their business.
One thing's for sure: the law doesn't take kindly to harassment, either! It's seen as a form of discrimination and, thus, it's a no-go. Employers are obligated to provide a workplace free of harassment and must take action if it occurs. And if you're thinking, "What about retaliation?" Well, that's a big no-no too. Workers are protected from retaliation when they file a complaint or participate in an investigation.
But wait – there's more!
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New Jersey's anti-discrimination laws also cover the hiring process, terms and conditions of employment, promotions, and terminations. So, in essence, from the moment you hand in your resume until the day you say your goodbyes, you're under the wing of these laws.
Of course, no system's perfect, right? That's why if an employee feels they've been wronged, they can file a complaint with the New Jersey Division on Civil Rights (DCR) or take it to court. It's not a walk in the park, but justice is worth the trek.
To wrap up (and let's keep this between us), while these laws are mighty, they're only as strong as the people who enforce and abide by them. It's up to employers to foster an environment of respect and up to workers to stand up for their rights. Remember, knowledge is power, and in the grand scheme of things, these laws are here to empower every New Jersey worker!
Wage and Hour Laws in New Jersey
In the bustling state of New Jersey, workers find themselves under the protective umbrella of various Wage and Hour Laws, which serve as a crucial cornerstone for maintaining fair labor standards. Now, understanding these laws isn't just a matter of legal compliance, it's about recognizing the rights and protections that are rightfully owed to every hardworking employee.
So, what do these laws exactly do? Well, for starters, they establish the minimum wage, which, let's be honest, is a topic that's always hot on the tongues of both employees and employers. As of my last update, the minimum wage in New Jersey is set to rise incrementally, aiming to reach $15 an hour by 2024 for most workers. This gradual increase is a beacon of hope for many, signaling a move towards a more livable wage!
But it's not just about what you earn per hour, no sir! These laws also dictate the number of hours you can work before you start racking up overtime. In New Jersey, the rule of thumb is over 40 hours a week, and you should be getting one and a half times your regular pay rate. And that's not just a suggestion, it's a mandate.
Now, let's talk breaks (and no, I'm not giving you one from this essay just yet!). Workers in New Jersey might be surprised to learn that there's no state law requiring meal or rest breaks. However, federal laws jump in to ensure that if an employer does provide short breaks, typically lasting about 5 to 20 minutes, they must be paid. Meal breaks, lasting 30 minutes or more, can be unpaid but only if the employee is completely relieved from duty.
Ah, but what if you're a young worker, fresh-faced and eager? There are specific provisions for you too. Child labor laws are in place to protect the youth, restricting the hours and types of work that minors can engage in. These laws are vital for ensuring that young people can work in safe environments, without jeopardizing their education or well-being.
It's important to note, though, that not everyone is covered by these laws.
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Certain workers, like those in executive, administrative, or professional roles, might fall under the "exempt" category, which means they aren't entitled to overtime pay. It's a tricky area, one that's often misunderstood, so it's critical for workers to know where they stand.
Now, despite these protections, violations do occur (as frustrating as that is!). Workers who find their rights ignored shouldn't hesitate to reach out to the New Jersey Department of Labor and Workforce Development. They're the folks who'll help set things straight, ensuring that the Wage and Hour Laws are more than just words on paper.
In conclusion, understanding the Wage and Hour Laws in New Jersey is key for workers looking to safeguard their rights. While the laws aren't perfect (what is, right?), they lay down the groundwork for fair compensation and treatment in the workplace. So keep informed, stay vigilant, and remember, these laws are there for your benefit! And if there's ever a doubt, don't just shrug it off-seek out the answers you deserve. After all, knowledge is power, especially when it comes to your livelihood!
Workplace Safety and Workers' Compensation
In New Jersey, the landscape of employment law is vast, but two areas that stand out for their importance are workplace safety and workers' compensation. Now, let's dive into why they're crucial for workers in the Garden State, yeah?
Firstly, workplace safety ain't something to take lightly. Employers in New Jersey are obligated to provide a safe working environment. Disputes over work hours This means they gotta follow OSHA regulations to the letter (and then some). It's not just about avoiding accidents, but ensuring that every worker feels secure and protected when they clock in. Imagine, you're at your desk or on the factory floor, and you know your boss has your back if something goes wrong. That's peace of mind, right there!
But what happens when things go south? That's where workers' compensation comes in! It's like a safety net, ready to catch employees if they fall (literally or figuratively). If you get hurt on the job or suffer from a work-related illness, workers' comp is supposed to cover your medical expenses and a portion of your lost wages. And the best part? It doesn't matter who was at fault. Even if you made a mistake, you're covered. No finger-pointing, no blame game – just support when you need it.
Now, here's the kicker! Even with all these protections in place, things can still go wrong. Maybe your employer tries to deny your claim or pressures you to return to work before you're ready. That's not just unfair; it's downright wrong! Workers need to know their rights and stand up for them – and that's where a good lawyer or a workers' rights advocate can be a real lifesaver.
In conclusion, New Jersey's got its workers covered with laws that cater to workplace safety and workers' compensation. Independent contractor lawyer But it ain't a perfect world, and sometimes you gotta fight for what you're entitled to (no one said it would be easy!). Remember, your health and well-being are priceless, and no job should put them at risk.
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So, be safe, know your rights, and don't let anyone tell you otherwise!
Leave Rights Under New Jersey Law
Ah, when it comes to the bustling state of New Jersey, workers have got a whole slew of leave rights that they need to keep in their back pockets. You see, New Jersey law isn't just about the hustle and the grind; it actually looks out for its workers when they need to step back from their jobs for a bit. Legal representation for employees It's kinda like having a safety net for those times when life throws you a curveball.
So, let's dive into the nitty-gritty of these leave rights, shall we? First off, there's the New Jersey Family Leave Act (FLA), which is a real game-changer for employees. If you've been working with your company for at least a year, and you've clocked in at least 1,000 hours during that time, you're in luck! You're entitled to take up to 12 weeks of leave in a 24-month period. Now, this ain't for your own health issues (that's where the federal FMLA kicks in), but it's for when you need to care for a family member or bond with a new child. And guess what? Your job's protected while you're out doing your family duty.
But wait, there's more (and who doesn't love a good 'but wait, there's more' moment?)! New Jersey also has a paid sick leave law. Yep, you heard that right – paid. Every worker earns an hour of sick leave for every 30 hours they work, up to 40 hours a year. So if you're feeling under the weather or you need to take your kid to the doctor, you don't have to worry about your paycheck taking a hit.
Now, don't get me wrong, it's not like you can just take off willy-nilly; you've got to give your employer reasonable notice, when it's foreseeable, and you can't just say you're sick as a tactic to get a day off (employers aren't naive, you know). Job-related injury lawyer But, it sure is a relief to know you won't be left high and dry if you've genuinely got to be away from work.
And hey, for new parents? There's the New Jersey Paid Family Leave, which is pretty awesome, if I may say so! It's separate from the unpaid leave I mentioned earlier.
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This one actually gives you some cash to help keep the lights on at home while you're bonding with your little bundle of joy or taking care of a family member with a serious health condition.
Of course, not everything's perfect – there are always hoops to jump through and forms to fill out (ugh, paperwork!). But overall, it's a pretty sweet deal for New Jersey workers. Just remember to check with your employer about their specific policies, 'cause sometimes they've got their own twist on things.
So there you have it! Leave rights under New Jersey law are there to make sure that when life happens, you're not left in the lurch. You've got some solid protections and, dare I say, it's a pretty decent setup to ensure you can take care of what matters most without worrying about losing your job. Now that's something to celebrate, right? Cheers to that!
Whistleblower Protections for New Jersey Employees
Well, let's dive right into the heart of the matter, shall we? If you're working in New Jersey, it's crucial to get a handle on what protections are in place for those brave enough to blow the whistle on unlawful practices. Now, the Garden State (yep, that's New Jersey's nickname) has got its employees' backs with some solid laws.
First off, you've got the New Jersey Conscientious Employee Protection Act, or CEPA as folks often refer to it. CEPA's like a sturdy umbrella on a rainy day; it's there to keep you dry when the storm of retaliation hits because you spoke up about something that was not quite right at work. Under CEPA, employers can't fire, demote, or punish employees for calling out illegal or unethical activities. It's a safety net, you know?
Oh, and let's not forget! If you're working for a public body, there's another layer of protection called the New Jersey State Employee Whistleblower Act. This one's specially tailored for those employed by the state or local government entities.
Now, here's the thing, no system's perfect (and that's an understatement). Sometimes, employers might try to skirt around these laws, but that's exactly where the protections come into play. If you're retaliated against for blowing the whistle, you can file a lawsuit, and if you win, you might get reinstated, compensated for lost wages, and possibly score some damages for the emotional distress (not a fun time, that's for sure!).
But remember, there's a clock ticking-the statute of limitations. You've got to raise the flag within a certain timeframe, or your chance to seek justice might just slip away. And, you don't want to find yourself thinking, "If only I'd acted sooner!"
So, there you have it! New Jersey's got your back with whistleblower protections. If your employer's up to no good, you can take a stand without fear of losing your job (at least, that's the idea). Just make sure you've got your facts straight and act promptly, because timing is everything!
And hey, if you're ever in doubt, seek legal advice, alright? Civil rights lawyer It's always better to be safe than sorry!
The Process for Resolving Employment Disputes in New Jersey
In the bustling state of New Jersey, workers and employers sometimes find themselves at odds, leading to disputes that can be as complex as a jigsaw puzzle with a couple of missing pieces. When it comes to resolving these tiffs, there's a process in place that aims to ensure fairness and justice for both parties involved.
First off, let's talk about the initial step - it's usually a good ol' fashioned sit-down between the employee and the employer.
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They'll try to hash it out, maybe over a cup of coffee, in the hopes of reaching an understanding without needing to escalate things further. But, let's be real, not all problems can be solved with a chat (and certainly not all with just a single cup of coffee!).
If the issue can't be resolved internally, the next stage could involve mediation. That's where a neutral third party comes in, trying to bridge the gap and help both sides come to a compromise. Now, don't get me wrong, this mediator isn't there to make decisions, but to guide the conversation and keep things civil.
But what happens when mediation just doesn't cut it? Employment contract dispute Well, that's when things get a bit more formal. The employee has the right to file a complaint with the New Jersey Division of Labor and Workforce Development or the Equal Employment Opportunity Commission. These agencies can launch an investigation, which sounds pretty serious, and it is! They'll dig into the claims and see if there's any merit to them.
And here's the kicker: if the investigation finds that there's been some foul play, they'll try to get the employer to make things right. But let's not forget, the employer has the right to present their side of the story too (it's only fair after all).
In the event that these agencies can't resolve the issue, or if the employee isn't satisfied with the outcome, they can take the dispute to court. Yeah, that's right, the whole shebang with judges, attorneys, and possibly a jury. Court proceedings are public, formal, and can be a bit daunting, but sometimes it's the only way to settle a dispute.
Throughout this process, it's crucial for workers to know their rights. New Jersey employment law provides protections for employees, and understanding these rights can be the shield and sword in these battles. From discrimination to harassment, and wage disputes, knowing where you stand is key! And remember, just because you're in a tiff with your boss doesn't mean you're out of options. Far from it!
In the end, the process for resolving employment disputes in New Jersey is there to ensure that workers can advocate for their rights (and employers for their interests) in a structured and fair manner. It's not always easy, nor is it always quick, but it's designed to give everyone a fighting chance to be heard and to seek justice. And that's something to be taken seriously!
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New Jersey
A northeastern U.S. state with some 130 miles of Atlantic coast.
The means by which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will.
A lawyer is a person who is qualified to offer advice about the law, draft legal documents, or represent individuals in legal matters.
The exact nature of a lawyer's work varies depending on the legal jurisdiction and the legal system, as well as the lawyer's area of practice. In many jurisdictions, the legal profession is divided into various branches — including barristers, solicitors, conveyancers, notaries, canon lawyer — who perform different tasks related to the law.[1]
Historically, the role of lawyers can be traced back to ancient civilizations such as Greece and Rome. In modern times, the practice of law includes activities such as representing clients in criminal or civil court, advising on business transactions, protecting intellectual property, and ensuring compliance with laws and regulations.
Depending on the country, the education required to become a lawyer can range from completing an undergraduate law degree to undergoing postgraduate education and professional training. In many jurisdictions, passing a bar examination is also necessary before one can practice law.
Working as a lawyer generally involves the practical application of abstract legal theories and knowledge to solve specific problems. Some lawyers also work primarily in upholding the rule of law, human rights, and the interests of the legal profession.[2][3]
Some jurisdictions have multiple types of lawyers, while others only have two or one.
England, the mother of the common law jurisdictions, emerged from the Middle Ages with a complexity in its legal professions similar to that of civil law jurisdictions, but then evolved by the 19th century to a single division between barristers and solicitors.
Several countries that originally had two or more legal professions have since fused or united their professions into a single type of lawyer.[4][5][6][7] Most countries in this category are common law countries, though France, a civil law country, merged its jurists in 1990 and 1991 in response to Anglo-American competition.[8] In countries with fused professions, a lawyer is usually permitted to carry out all or nearly all the responsibilities listed below.
In some jurisdictions descended from the English common law tradition, including England and Wales, there are often two kinds of lawyers. A barrister (also known as an advocate or counselor) is a lawyer who typically specializes in arguing before courts, particularly in higher courts. A solicitor (or attorney) is a lawyer who prepares cases and gives advice on legal subjects. In some jurisdictions, solicitors also represent people in court. Fused professions, where lawyers have rights of both barristers and solicitors, have emerged in other former English common law jurisdictions, such as the United States, India, and Pakistan.[9][10]
On the other hand, civil law jurisdictions do not have "lawyers" in terms of a single general-purpose legal services provider.[11] Rather, their legal professions consist of a large number of different kinds of legally-trained persons, known as jurists, some of whom are advocates who are licensed to practice in the courts.[12][13][14] In some civil law countries, a similar distinction to the common law tradition exists between advocates and procurators.[15][16][17]
Because each country has traditionally had its own method of dividing up legal work among its legal professionals, it has been difficult to formulate accurate generalizations that cover all the countries with multiple legal professions.[18] Other kinds of legal practitioners include:
Historically, lawyers in most European countries were addressed with the title of doctor. The first university degrees, starting with the law school of the University of Bologna in the 11th century, were all law degrees and doctorates.[23] Therefore, in many southern European countries, including Portugal, Italy and Malta, lawyers have traditionally been addressed as "doctor", a practice which was transferred to many countries in South America and Macau. In some jurisdictions, the term "doctor" has since fallen into disuse, but it is still in use in many countries within and outside of Europe.[24][25]
The title of doctor has traditionally not been used to address lawyers in England or other common law countries. Until 1846, lawyers in England were trained by apprenticeship or in the Inns of Court, with no undergraduate degree being required.[26] Although the most common law degree in the United States is the Juris Doctor,[27] most J.D. holders in the United States do not use the title "doctor".[28] It is, however, common for lawyers in the United States to use the honorific suffix "Esq." (for "Esquire").
In South Africa and India, lawyers who have been admitted to the bar may use the title "Advocate", abbreviated to "Adv" in written correspondence. Lawyers who have completed two years of clerkship with a principal Attorney and passed all four board exams may be admitted as an "Attorney". Likewise, Italian law graduates who have qualified for the bar use the title "Avvocato", abbreviated in "Avv."
Some lawyers, particularly barristers and advocates, argue the legal cases of clients case before a judge or jury in a court of law.[32][33]
In some jurisdictions, there are specialist lawyers who have exclusive rights of audience before a court.[34] In others, particularly fused legal jurisdictions, there are lawyers who specialize in courtroom advocacy but who do not have a legal monopoly over the profession.
In some countries, litigants have the option of arguing on their own behalf.[35] In other countries, like Venezuela, no one may appear before a judge unless represented by a lawyer.[36] The advantage of the latter regime is that lawyers are familiar with the court's customs and procedures, making 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.[37][38]
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. Also, they draft legal papers and prepare for an oral argument.
In split common law jurisdictions, the usual division of labor is that a solicitor will obtain the facts of the case from the client and then brief a barrister, usually in writing.[39] The barrister then researches and drafts the necessary court pleadings, which will be filed and served by the solicitor, and orally argues the case.[40]
In Spanish civil law, the procurator merely signs and presents the papers to the court, but it is the advocate who drafts the papers and argues the case.[41] In other civil law jurisdictions, like Japan, a scrivener or clerk may fill out court forms and draft simple papers for laypersons who cannot afford or do not need attorneys, and advise them on how to manage and argue their own cases.[42]
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).[43] 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.[44]
In some fused common law jurisdictions, the client-lawyer relationship begins with an intake interview where the lawyer gets to know the client personally, following which the lawyer discovers the facts of the client's case, clarifies what the client wants to accomplish, and shapes the client's expectations as to what actually can be accomplished. The second to last step begins to develop various claims or defenses for the client. Lastly, the lawyer explains her or his fees to the client.[45][46]
In England, only solicitors were traditionally in direct contact with the client,[47][needs update] but barristers nowadays may apply for rights to liaise with clients directly. The solicitor retained a barrister if one was necessary and acted as an intermediary between the barrister and the client.[48] In most cases barristers were 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 practicing, at a court at which they normally appeared and at their usual rates.[49][50]
Legal advice is the application of abstract principles of law to the concrete facts of the client's case to advise the client about what they should do next. In some jurisdictions, only a properly licensed lawyer may provide legal advice to clients for good consideration, even if no lawsuit is contemplated or is in progress.[51][52][53] In these jurisdictions, 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. Some jurisdictions have made the violation of such a rule the crime of unauthorized practice of law.[54]
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.[55][56] Some countries go further; in England and Wales, there is no general prohibition on the giving of legal advice.[57]Singapore does not have any admission requirements for in-house counsel.[58] Sometimes civil law notaries are allowed to give legal advice, as in Belgium.[59]
In many countries, non-jurist accountants may provide what is technically legal advice in tax and accounting matters.[60]
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.[42][61]
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.[62] In others, jurists or notaries may negotiate or draft contracts.[63]
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.[64] Historically, conveyancing accounted for about half of English solicitors' income, though this has since changed,[65] and a 1978 study showed that conveyancing "accounts for as much as 80 percent of solicitor-client contact in New South Wales."[66] In most common law jurisdictions outside of the United States, this monopoly arose from an 1804 law[67] 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.[68]
In others, the use of a lawyer is optional and banks, title companies, or realtors may be used instead.[69] In some civil law jurisdictions, real estate transactions are handled by civil law notaries.[70] In England and Wales, a special class of legal professionals–the licensed conveyancer–is also allowed to carry out conveyancing services for reward.[71]
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.[63]
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.[72] In common law countries, prosecutors are usually lawyers holding regular licenses who work for the government office that files criminal charges against suspects. Criminal defense lawyers specialize in the defense of those charged with any crimes.[73]
The educational prerequisites for becoming a lawyer vary greatly across countries. In some countries, law is an undergraduate degree culminating in a bachelors or master's degree in law. In some of these jurisdictions, it is common or even required for students to earn another bachelor's degree at the same time.[74][75] Where law is taught as an undergraduate degree, legal training after law school may comprise advanced examinations, apprenticeships, and additional coursework at special government institutes. For example, in many English common law jurisdictions, individuals with a law degree have to undergo further education and professional training before qualifying as a lawyer, such as the Bar Professional Training Course.[76]
In other jurisdictions, particularly the United States and Canada, law is taught at the graduate level following the completion of an unrelated bachelor's degree.[77][78] In America, the Americans Bar Association decides which law schools to approve for the purposes of admission to the bar.[79] Law schools in the United States and Canada award graduating students a J.D. (Juris Doctor) as a professional law degree.[80] 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.[81]
The methods and quality of legal education vary widely. Some countries require extensive clinical training in the form of apprenticeships or special clinical courses.[82] Others, like Venezuela, do not.[83] 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).[84][85] Many others focus on theoretical aspects of law, leaving the professional and practical training of lawyers to apprenticeship and employment contexts.[86][87][88]
Some countries, particularly industrialized ones, have a traditional preference for full-time law programs,[89] while in developing countries, students often work full- or part-time to pay the tuition and fees of their part-time law programs.[90][91] Law schools in developing countries share several common problems, such as an over reliance on practicing judges and lawyers who treat teaching as a part-time commitment, a concomitant scarcity of full-time law professors),[92][93] incompetent faculty with underqualified credentials,[94] and textbooks that lag behind the current state of the law.[92][95]
Clara Shortridge Foltz, admitted to the California Bar through an examination before attending law school
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.[96]Mexico allows anyone with a law degree to practice law.[97] 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.[96][98][99]
Some countries require a formal apprenticeship with an experienced practitioner, while others do not.[100] 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.[101]
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, or law professor.[102] There are also many non-legal jobs for which legal training is good preparation, such as politician, corporate executive, government administrator, investment banker, entrepreneur, or journalist.[103] 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.[104]
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.[105] After one earns a law degree, career mobility may be severely constrained.[106] For example, unlike their Anglo-American counterparts,[107] it is difficult for German judges to leave the bench and become advocates in private practice.[108] Another interesting example is France, where for much of the 20th century, all judiciary officials were graduates of an elite professional school for judges.[109]
In a few civil law countries, such as Sweden,[110] the legal profession is not rigorously bifurcated and everyone within it can easily change roles and arenas.
In many countries, lawyers are general practitioners who represent clients in a broad field of legal matters.[111] In others, there has been a tendency since the start of the 20th century for lawyers to specialize early in their careers.[112][113] 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.[114][115]
Lawyers in private practice generally work in specialized businesses known as law firms,[116] 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.[117] The United States,[118] United Kingdom and Australia are exceptions, home to several firms with more than 1,000 lawyers after a wave of mergers in the late 1990s.
Notably, barristers in England, Wales, Northern Ireland and some states in Australia do not work in law firms. Those who offer their services to members of the general public—as opposed to those working in-house — are generally self-employed.[119] 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 specialized chambers this is commonplace.
Some large businesses employ their own legal staff in a legal department.[120] Other organizations buy in legal services from outside companies.[121]
In some jurisdictions, either the judiciary[122] or the Ministry of Justice[123] 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.[124] 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.[125] In civil law countries, comparable organizations are known as Orders of Advocates,[126] Chambers of Advocates,[127] Colleges of Advocates,[128] Faculties of Advocates,[129] or similar names. Generally, a nonmember caught practicing law may be liable for the crime of unauthorized practice of law.[130]
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 230,000 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 can be seen in countries including New Zealand, Japan, and Belgium.[131] Others, especially those with federal governments, tend to regulate lawyers at the state or provincial level; this is the case in the United States,[132] Canada,[133] Australia,[134] and Switzerland,[135] to name a few. Brazil is the most well-known federal government that regulates lawyers at the national level.[136]
Some countries, like Italy, regulate lawyers at the regional level,[137] 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).[138] 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.[139]
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,[140] and similarly, American citizenship and residency requirements were struck down as unconstitutional by the U.S. Supreme Court in 1973 and 1985, respectively.[141] The European Court of Justice made similar decisions in 1974 and 1977 striking down citizenship restrictions in Belgium and France.[142]
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),[143] 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.[144] 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.[123] 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.[145][146]
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.[147][148] 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.[149]
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.[150] 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.[151] 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.[152] In some jurisdictions, mechanisms have been astonishingly ineffective, and penalties have been light or nonexistent.[153][154][155]
Voluntary lawyer associations may exist at all geographic levels from the provincial to the global.[97][156] Some associations are termed voluntary bar associations.[157] In some countries, lawyers have also formed trade unions.[158]
A British political cartoon showing a barrister and a solicitor throwing black paint at a woman sitting at the feet of a statue representing Justice
Hostility towards the legal profession is a widespread phenomenon. For example, William Shakespeare famously wrote, "The first thing we do, let's kill all the lawyers" in Henry VI, Part 2, Act IV, Scene 2. 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.[159] Complaints about too many lawyers were common in both England and the United States in the 1840s,[160][161] Germany in the 1910s,[162] and in Australia,[163] Canada,[164] the United States,[165][166][167] and Scotland[168] in the 1980s.
Public distrust of lawyers reached record heights in the United States after the Watergate scandal.[167][169] 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.[170] Lawyer jokes also soared in popularity in English-speaking North America as a result of Watergate.[171]
In Adventures in Law and Justice, 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"[172] with a quote from Ambrose Bierce's satirical The Devil's Dictionary that summarized the noun as: "LAWYER, n. One skilled in circumvention of the law."[173]
More generally, in Legal Ethics: A Comparative Study, 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 "persistent grievances" about lawyers that transcends both time and locale, from the Bible to medieval England to dynastic China.[174] 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
Some studies have shown that suicide rates among lawyers in certain jurisdictions may be as much as six times higher than the average population, and commentators suggest that the low opinion the public has of lawyers, combined with their own high ideals of justice, which in practice they may see denied, increase the depression rates of those in this profession.[176][177] Additionally, lawyers are twice as likely to suffer from addiction to alcohol and other drugs.[178]
Peasants paying for legal services with produce in The Village Lawyer, c. 1621, by Pieter Brueghel the Younger
In the United States, lawyers typically earn between $45,000 and $160,000 per year, although earnings vary by age, experience, and practice setting.[179][180][181][182] Solo practitioners typically earn less than lawyers in corporate law firms but more than those working for state or local government.
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,[183] a contingency fee,[184] or a lump sum payment. Normally, most lawyers negotiate a written fee agreement up front and may require a non-refundable retainer in advance. Recent studies suggest that when lawyers charge a fixed fee rather than billing by the hour, they work less hard on behalf of clients, and clients get worse outcomes.[185][186] 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,[187] 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.[188] In many countries, 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").[189] Traditionally such work was performed on behalf of the poor, but in some countries it has now expanded to many other causes such as environmental law.
In some countries, there are legal aid lawyers who specialize in providing legal services to the indigent.[190][191] 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.[192] A similar system, though not as extensive or generous, operates in Australia, Canada, and South Africa.[193]
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. 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.[194] In Germany, mandatory fee structures have enabled widespread implementation of affordable legal expense insurance.[195]
16th-century painting of a civil law notary, by Flemish painter Quentin 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.
The earliest people who could be described as "lawyers" were probably the orators of ancient 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.[196] However, around the middle of the fourth century, the Athenians disposed of the perfunctory request for a friend.[197] 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.[198] 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.[199] If one narrows the definition of lawyers to people who could practice the legal profession openly and legally, then the first lawyers would be the orators of ancient Rome.[200]
A law enacted in 204 BC barred Roman advocates from taking fees, but the law was widely ignored.[201] 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.[202] This was apparently not much money; the Satires of Juvenal complained that there was no money in working as an advocate.[203]
Like their Greek contemporaries, early Roman advocates were trained in rhetoric, not law, and the judges before whom they argued were also not legally trained.[204] But very early on, unlike Athens, Rome developed a class of specialists who were learned in the law, known as jurisconsults (iuris consulti).[205] Jurisconsults were wealthy amateurs who dabbled in law as an intellectual hobby; they did not make their primary living from it.[205] They gave legal opinions (responsa) on legal issues to all comers (a practice known as publice respondere).[206] 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.[205] 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 developed in a systematic and technical way.[205]
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.[207] 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.[208] The centralization and bureaucratization of the profession was apparently gradual at first, but accelerated during the reign of Emperor Hadrian.[209] At the same time, the jurisconsults went into decline during the imperial period.[210]
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 on how many advocates could be enrolled at a particular court.[211] 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.[212] Claudius's fee ceiling lasted all the way into the Byzantine period, though by then it was measured at 100 solidi.[213] It was widely evaded, either through demands for maintenance and expenses or a sub rosabarter transaction.[213] The latter was cause for disbarment.[213]
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.[214] They were ubiquitous and most villages had one.[214] In Roman times, notaries were widely considered to be inferior to advocates and jury consults.
King James I overseeing a medieval court, from an illustrated manuscript of a legal code
After the fall of the Western Roman Empire and the onset of the Early Middle 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.' "[215] However, from 1150 (when Decretum Gratiani was compiled) 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 Catholic Church as priests.[216] 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.[217]
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.[218] During the same decade, the emperor of the Holy Roman Empire Frederick II, the king of the Kingdom of Sicily, imposed a similar oath in his civil courts.[219] By 1250, the nucleus of a new legal profession had clearly formed.[220] 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.[221] Although not adopted by the council, it was highly influential in many such courts throughout Europe.[221] 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,[222] and in 1280 the mayor's court of the city of London promulgated regulations concerning admission procedures, including the administering of an oath.[223] And in 1345, the French crown promulgated a royal ordinance which set forth 24 rules governing advocates, of which 12 were integrated into the oath to be taken by them.[224]
The French medieval oaths were widely influential and of enduring importance; for example, they directly influenced the structure of the advocates' oath adopted by the Canton of Geneva in 1816.[225][226] In turn, the 1816 Geneva oath served as the inspiration for the attorney's oath drafted by David Dudley Field as Section 511 of the proposed New York Code of Civil Procedure of 1848, which was the first attempt in the United States at a comprehensive statement of a lawyer's professional duties.[225]
^John Henry Merryman and Rogelio Pérez-Perdomo, The Civil Law Tradition: An Introduction to the Legal Systems of Europe and Latin America, 3rd ed. (Stanford: Stanford University Press, 2007),102–103.
^Harry W. Arthurs, Richard Weisman, and Frederick H. Zemans, "Canadian Lawyers: A Peculiar Professionalism", in Lawyers in Society: The Common Law World, vol. 1, eds. Richard L. Abel and Philip S.C. Lewis, 123–185 (Berkeley: University of California Press, 1988), 124.
^David Weisbrot, "The Australian Legal Profession: From Provincial Family Firms to Multinationals", in Lawyers in Society: The Common Law World, vol. 1, eds. Richard L. Abel and Philip S.C. Lewis, 244–317 (Berkeley: University of California Press, 1988), 250.
^Georgina Murray, "New Zealand Lawyers: From Colonial GPs to the Servants of Capital", in Lawyers in Society: The Common Law World, vol. 1, eds. Richard L. Abel and Philip S.C. Lewis, 318–368 (Berkeley: University of California Press, 1988), 324.
^Anne Boigeol, "The Rise of Lawyers in France", in Legal Culture in the Age of Globalization: Latin America and Latin Europe, eds. Lawrence M. Friedman and Rogelio Pérez-Perdomo, 185–219 (Stanford: Stanford University Press, 2003), 208.
^Walter O. Weyrauch, The Personality of Lawyers (New Haven: Yale University Press, 1964), 27.
^Jon T. Johnsen, "The Professionalization of Legal Counseling in Norway", in Lawyers in Society: The Civil Law World, vol. 2, eds. Richard L. Abel and Philip S.C. Lewis, 54–123 (Berkeley: University of California Press, 1988), 91.
^Kahei Rokumoto, "The Present State of Japanese Practicing Attorneys: On the Way to Full Professionalization?" in Lawyers in Society: The Civil Law World, vol. 2, eds. Richard L. Abel and Philip S.C. Lewis, 160–199 (Berkeley: University of California Press, 1988), 164.
^Benoit Bastard and Laura Cardia-Vonèche, "The Lawyers of Geneva: an Analysis of Change in the Legal Profession", trans. by Richard L. Abel, in Lawyers in Society: The Civil Law World, vol. 2, eds. Richard L. Abel and Philip S.C. Lewis, 295–335 (Berkeley: University of California Press, 1988), 297.
^Carlos Viladás Jene, "The Legal Profession in Spain: An Understudied but Booming Occupation", in Lawyers in Society: The Civil Law World, vol. 2, eds. Richard L. Abel and Philip S.C. Lewis, 369–379 (Berkeley: University of California Press, 1988), 369.
^Vittorio Olgiati and Valerio Pocar, "The Italian Legal Profession: An Institutional Dilemma", in Lawyers in Society: The Civil Law World, vol. 2, eds. Richard L. Abel and Philip S.C. Lewis, 336–368 (Berkeley: University of California Press, 1988), 338.
^Association of American Universities Data Exchange. Glossary of Terms for Graduate EducationArchived 2009-03-04 at the Wayback Machine. Accessed May 26, 2008; National Science Foundation (2006). NSF.govArchived 2016-03-08 at the Wayback Machine "Time to Degree of U.S. Research Doctorate Recipients", "Info brief, Science Resource Statistics" NSF 06-312, 2006, p. 7. (under "Data notes" mentions that the J.D. is a professional doctorate); San Diego County Bar Association (1969). "Ethics Opinion 1969-5". Accessed May 26, 2008. (under "other references" discusses differences between academic and professional doctorate, and statement that the J.D. is a professional doctorate); University of Utah (2006). University of Utah – The Graduate School – Graduate HandbookArchived 2008-06-26 at the Wayback Machine. Accessed May 28, 2008. (the J.D. degree is listed under doctorate degrees); German Federal Ministry of Education. "U.S. Higher Education / Evaluation of the Almanac Chronicle of Higher Education"Archived 2008-04-13 at the Wayback Machine. Accessed May 26, 2008. (report by the German Federal Ministry of Education analysing the Chronicle of Higher Education from the U.S. and stating that the J.D. is a professional doctorate); Encyclopædia Britannica. (2002). "Encyclopædia Britannica", 3:962:1a. (the J.D. is listed among other doctorate degrees).
^Rogelio Pérez-Perdomo, "The Venezuelan Legal Profession: Lawyers in an Inegalitarian Society", in Lawyers in Society: The Civil Law World, vol. 2, eds. Richard L. Abel and Philip S.C. Lewis, 380–399 (Berkeley: University of California Press, 1988), 387.
^Gordon Kent, "Lawyerless Litigants: Is Justice Being Served?" Edmonton Journal, 27 January 2002, A1.
^Alan Feuer, "Lawyering by Laymen: More Litigants Are Taking a Do-It-Yourself Tack", The New York Times, 22 January 2001, B1.
^Fiona Boyle, Several Capps, Philip Plowden, Clare Sandford, A Practical Guide to Lawyering Skills, 3rd ed. (London: Cavendish Publishing, 2005), 47–50.
^Anne Boigeol, "The French Bar: The Difficulties of Unifying a Divided Profession", in Lawyers in Society: The Civil Law World, vol. 2, eds. Richard L. Abel and Philip S.C. Lewis, 258–294 (Berkeley: University of California Press, 1988), 263; and Boigeol, "The Rise of Lawyers", 206.
^Richard L. Abel, American Lawyers (New York: Oxford University Press, 1989), 132. See, e.g., Hines v. Lowrey, 305U.S.85 (1938) (upholding limitation on attorneys' fees in veterans' benefits cases to $10); Walters v. National Ass'n of Radiation Survivors, 473U.S.305 (1985) (same).
^Paul J. Zwier & Anthony J. Bocchini, Fact Investigation: A Practical Guide to Interviewing, Counseling, and Case Theory Development (Louisville, CO: National Institute for Trial Advocacy, 2000), 13–44.
^John H. Freeman, Client Management for Solicitors (London: Cavendish Publishing Ltd., 1997), 266–274.
^J. R. Spencer and Richard M. Jackson, Jackson's Machinery of Justice, 8th ed. (Cambridge: Cambridge University Press, 1989), 336.
^R.E. Megarry, Lawyer and Litigant in England (London: Stevens and Sons, 1962), 32.
^Maureen Paton, "Cab-rank exits", The Times, 9 October 2001, 1. This brief article explains the uneasy tension between solicitors and barristers, and the loopholes that have developed. For example, a barrister need not accept a case if the fee is too low or the barrister is just too busy.
^Arthurs, 125; Johnsen, 74; and Pérez-Perdomo, "Venezuelan Legal Profession", 387.
^Erhard Blankenburg and Ulrike Schultz, "German Advocates: A Highly Regulated Profession", in Lawyers in Society: The Civil Law World, vol. 2, eds. Richard L. Abel and Philip S.C. Lewis, 124–159 (Berkeley: University of California Press, 1988), 124.
^Joaquim Falcão, "Lawyers in Brazil", in Lawyers in Society: The Civil Law World, vol. 2, eds. Richard L. Abel and Philip S.C. Lewis, 400–442 (Berkeley: University of California Press, 1988), 401.
^Justine Fischer and Dorothy H. Lackmann, Unauthorized Practice Handbook: A Compilation of Statutes, Cases, and Commentary on the Unauthorized Practice of Law (Buffalo: William S. Hein Company, 1990), 30–35.
^Kees Schuyt, "The Rise of Lawyers in the Dutch Welfare State", in Lawyers in Society: The Civil Law World, vol. 2, eds. Richard L. Abel and Philip S.C. Lewis, 200–224 (Berkeley: University of California Press, 1988), 201.
^Stephen J. McGarry, Multidisciplinary Practices and Partnerships: Lawyers, Consultants, and Clients, § 1.06[1] (New York: Law Journal Press, 2002), 1–29.
^Luc Huyse, "Legal Experts in Belgium", in Lawyers in Society: The Civil Law World, vol. 2, eds. Richard L. Abel and Philip S.C. Lewis, 225–257 (Berkeley: University of California Press, 1988), 227.
^Lee Rousso, "Japan's New Patent Attorney Law Breaches Barrier Between The 'Legal' And 'Quasi-Legal' Professions: Integrity Of Japanese Patent Practice At Risk?" 10 Pac. Rim L. & Poly 781, 783–790 (2001).
^Arthurs, 125; and Pérez-Perdomo, "Venezuelan Legal Profession", 387.
^Simon Domberger and Avrom Sherr, "The Impact of Competition on Pricing and Quality of Legal Services", in The Regulatory Challenge, eds. Matthew Bishop, John Kay, Colin Mayer, 119–137 (New York: Oxford University Press, 1995), 121–122.
^Hazard, 34–35; Huyse, 227; Merryman, 105, and Schuyt, 201.
^Larry J. Siegel and Joseph J. Senna, Introduction to Criminal Justice, 10th ed. (Belmont: Thomson Wadsworth, 2005), 311–325.
^Lawrence M. Friedman and Rogelio Pérez-Perdomo, "Latin Legal Cultures in the Age of Globalization", in Legal Culture in the Age of Globalization: Latin America and Latin Europe, eds. Lawrence M. Friedman and Rogelio Pérez-Perdomo, 1–19 (Stanford: Stanford University Press, 2003), 6.
^Abel, England and Wales, 45–59; Rokumoto, 165; and Schuyt, 204.
^Wayne L. Anderson and Marilyn J. Headrick, The Legal Profession: Is it for you? (Cincinnati: Thomson Executive Press, 1996), 52–53.
^Anonymous, "Careers in the legal profession offer a variety of opportunities: While we may not think about it often, the legal system affects us every day", The Telegram, 14 April 2004, D8.
^Robert H. Miller, Law School Confidential: A Complete Guide to the Law School Experience, By Students, for Students (New York: St. Martin's Griffin, 2000), 25–27.
^Blankenburg, 132; Friedman and Pérez-Perdomo, 6; Hazard, 124–128; and Olgiati, 345.
^Sergio Lopez-Ayllon and Hector Fix-Fierro, " 'Faraway, So Close!' The Rule of Law and Legal Change in Mexico: 1970–2000", in Legal Culture in the Age of Globalization: Latin America and Latin Europe, eds. Lawrence M. Friedman and Rogelio Pérez-Perdomo, 285–351 (Stanford: Stanford University Press, 2003), 324.
^Herbert Hausmaninger, "Austrian Legal Education", 43 S. Tex. L. Rev. 387, 388 and 400 (2002).
^Abel, American Lawyers, 57; Miller, 25; and Murray, 337.
^J.S. Gandhi, "Past and Present: A Sociological Portrait of the Indian Legal Profession", in Lawyers in Society: The Common Law World, vol. 1, eds. Richard L. Abel and Philip S.C. Lewis, 369–382 (Berkeley: University of California Press, 1988), 375.
^Eliane Botelho Junqueira, "Brazil: The Road of Conflict Bound for Total Justice", in Legal Culture in the Age of Globalization: Latin America and Latin Europe, eds. Lawrence M. Friedman and Rogelio Pérez-Perdomo, 64–107 (Stanford: Stanford University Press, 2003), 89.
^Rogelio Pérez-Perdomo, "Venezuela, 1958–1999: The Legal System in an Impaired Democracy", in Legal Culture in the Age of Globalization: Latin America and Latin Europe, eds. Lawrence M. Friedman and Rogelio Perez-Perdomo, 414–478 (Stanford: Stanford University Press, 2003), 459. For example, a 1997 study found that not a single law school in Venezuela had bothered to integrate any part of the Convention on Children's Rights into its curriculum, even though Venezuela had signed the treaty in 1990 and subsequently modified its domestic laws to bring them into compliance. Rather than embark on curriculum reform, Venezuelan law schools now offer special postgraduate courses so that recent graduates can bring their legal knowledge up-to-date with current law.
^Alan A. Paterson, "The Legal Profession in Scotland: An Endangered Species or a Problem Case for Market Theory?" in Lawyers in Society: The Common Law World, vol. 1, eds. Richard L. Abel and Philip S.C. Lewis, 76–122 (Berkeley: University of California Press, 1988), 89.
^In general, see, Legomsky, Stephen H. (1990) Specialized Justice: Courts, Administrative Tribunals, and a Cross-National Theory of Specialization Oxford University Press, New York, ISBN978-0-19-825429-4
^Although it is common for former American judges to return to private practice, it is highly controversial for them to suggest that they still retain any judicial powers (for example, by wearing judicial robes in advertisements). Brad McElhinny, "Workman criticized for using robe in ad: Group files State Bar complaint about the way former justice seeks clients", Charleston Daily Mail, 3 February 2005, 1A.
^Mary C. Daly, "Ethical and Liability Issues in International Legal Practice", in Comparative Law Yearbook of International Business, vol. 17, eds. Dennis Campbell and Susan Cotter, 223–268 (London: Kluwer Law International, 1995), 233.
^Maria da Gloria Bonelli, "Lawyers' Associations and the Brazilian State, 1843–1997", 28 Law & Soc. Inquiry 1045, 1065 (2003).
^Kandis Scott, "Decollectivization and Democracy: Current Law Practice in Romania", 36 Geo. Wash. Int'l L. Rev. 817, 820. (2004).
^Timothy J. Tyler, "Judging the Past: Germany's Post-Unification Lawyers' Admissions Review Law", 29 Tex. Int'l L.J. 457, 472 (1994).
^Michael J. Moser, "Globalization and Legal Services in China: Current Status and Future Directions", in The Internationalization of the Practice of Law, eds. Jens I. Drolhammer and Michael Pfeifer, 127–136 (The Hague: Kluwer Law International, 2001), 128–129.
^Abel, American Lawyers, 142–143; Abel, England and Wales, 29; and Arthurs, 148.
^Abel, American Lawyers, 147; Abel, England and Wales, 135 and 250; Arthurs, 146; Hazard, 135; Paterson, 104; and Weisbrot, 284.
^Richard L. Abel, English Lawyers Between Market and State: The Politics of Professionalism (New York: Oxford University Press, 2003), 374–375.
^William T. Gallagher, "Ideologies of Professionalism and the Politics of Self-Regulation in the California State Bar", 22 Pepp. L. Rev. 485, 490–491 (1995).
^Gerald W. Gawalt, "Sources of Anti-Lawyer Sentiment in Massachusetts, 1740–1840", in Essays in Nineteenth-Century American Legal History, ed. Wythe Holt, 624–648 (Westport, CT: Greenwood Press, 1976), 624–625. According to this source, the strong anti-lawyer sentiment of the period was rather ironic, since lawyers were actually so scarce in the American colonies that a 1715 Massachusetts law forbade litigants from retaining two lawyers because of the risk of depriving one's opponent of counsel.
^Marc Galanter, "Predators and Parasites: Lawyer-Bashing and Civil Justice, " 28 Ga. L. Rev. 633, 644–648 (1994).
^Stephen D. Easton, "Fewer Lawyers? Try Getting Your Day in Court", Wall Street Journal, 27 November 1984, 1. This article rebuts the common complaint of too many lawyers in the U.S. by pointing out that it is virtually impossible for a plaintiff to prevail in the vast majority of countries with less lawyers, like Japan, because there are simply not enough lawyers or judges to go around. Even wrongful death cases with clear evidence of fault can drag on for decades in Japan. Thus, any reduction in the number of lawyers would result in reduced enforcement of individual rights.
^ abGerry Spence, With Justice For None: Destroying An American Myth (New York: Times Books, 1989), 27–40
^Jerold Auerbach, Unequal Justice: Lawyers and Social Change in Modern America (New York: Oxford University Press, 1976), 301.
^For examples of legal self-help books written by lawyers which concede that the profession has a bad image, see Mark H. McCormack, The Terrible Truth About Lawyers (New York: Beech Tree Books, 1987), 11; Kenneth Menendez, Taming the Lawyers (Santa Monica, CA, Merritt Publishing, 1996), 2; and Stuart Kahan and Robert M. Cavallo, Do I Really Need A Lawyer? (Radnor, PA: Chilton Book Company, 1979), 2.
^Gayle White, "So, a lawyer, a skunk and a catfish walk into a bar...: No shortage of jokes", National Post, 27 May 2006, FW8.
^Herbert M. Kritzer, Risks, Reputations, and Rewards: Contingency Fee Legal Practice in the United States (Stanford: Stanford University Press, 2004), 258–259. According to this source, contingency fees (or de facto equivalents) are allowed, as of 2004, in Canada, England, Scotland, Northern Ireland, Ireland, New Zealand, Australia, the Dominican Republic, Greece, France, Brazil, Japan, and the United States.
^Schwall, Benjamin (2015-06-25). "High-Powered Attorney Incentives: A Look at the New Indigent Defense System in South Carolina". Rochester, NY: Social Science Research Network. SSRN2623202. cite journal: Cite journal requires |journal= (help)
^John A. Crook, Law and Life of Ancient Rome (Ithaca: Cornell University Press, 1967), 90.
^Crook, 90. Crook cites Tacitus, Annals VI, 5 and 7 for this point. For more information about the complex political affair that forced Emperor Claudius to decide this issue, see The Annals of Tacitus, Book VI (Franklin Center, PA: The Franklin Library, 1982), 208.
^A. H. M. Jones, The Later Roman Empire, 284–602: A Social, Economic, and Administrative Survey, vol. 1 (Norman, OK: University of Oklahoma Press, 1964), 507.
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