Different Types of Law Practice
The law is a wide and diverse field, comprising of several broad categories. A lawyer can work for a large firm, a mid-size firm or a small firm. Single attorneys can work alone and are called "solo practitioners." Lawyers can also work for legal aid or for the federal government. Attorneys can work for banks or administrative agencies, insurance agents or real estate agents. Lawyers, called "in-house counsel," can work for corporations. Within these broad categories, lawyers can specialize in a number of different fields and have a number of different specialties.
Specific or General
Attorneys can have either a specific specialization or a general practice. General practice attorneys handle all different types of cases. The American Bar Association requires that an attorney be reasonably competent in any area of law in which he or she takes a case. Reasonably competent means having the knowledge, skills and ability of a reasonable attorney who practices that type of law or works on that type of case. Because different areas of law are diverse, it is somewhat difficult for even general practice attorneys to be skilled in all areas of law.
Attorneys who specialize in a particular area of law generally work on cases only within that area. Certain types of practice are highly specialized, such as tax or intellectual property law. These specialized areas are generally handled only by attorneys with a specialty in the field, because only attorneys who focus on this type of work are competent to understand the very specific rules and regulations.
Transactional, Litigation or Criminal
Litigation attorneys refers to the type of attorney that most people think of when they picture an attorney's job functions, because these types of attorneys are the ones featured on televisions shows like "Law and Order" or in famous movies and books about lawyers. Litigation attorneys handle cases that go to court. This generally means they handle tort cases in which an individual sues another person or corporation for their misdeeds.
Transactional attorneys do not go to court. They write contracts, review legal documents, incorporate businesses and do other work that involves legal documents. Transactional attorneys jobs are to try to minimize the risk of litigation for their client.
Transactional and litigation attorneys are found in every area of law. Transactional attorneys simply do the behind-the-scenes work in that area of law, in an attempt to avoid litigation. When something goes wrong in that field, litigation attorneys then argue the case in court.
Criminal attorneys either go to court or plea bargain cases. Criminal attorneys who prosecute criminals work for the District Attorney's Office. Attorneys who prosecute criminals work for the court and the government and do not work for the victims. If a criminal broke a state or federal law, a district attorney or a prosecutor can choose to prosecute a case, even if the victim does not want them to. Prosecutors and district attorneys swear a special oath to the court, promising to be fair and unbiased in the prosecution of criminals.
Types of Practice
There are many different areas of law that transactional and litigation attorneys can work in.
Environmental lawyers can work for the government or for private corporations. Their responsibility is to deal with issues surrounding law and the environment. This involves investigating environmental regulations, investigating violations of environmental law and injury to people or property resulting from damage to the environment.
Corporate attorneys work for businesses. They may be in-house counsel, which means they work for one specific corporation. They also might work for a law firm that represents a business or a corporation. Corporate attorneys have a wide range of responsibilities: file incorporation papers for the corporation, review or write contracts for the corporation and advise corporations on potential liability issues.
Family law attorneys handle custody issues and family issues. They represent people in divorce cases. They can write prenuptial agreements or custody agreements.
Wills and trusts lawyers handle estates and trusts. They can administer trusts or create trusts. They can also write wills or handle the distribution of assets.
Bankruptcy attorneys represent individuals who are declaring bankruptcy. They can assist clients in negotiating with creditors and/or getting debts discharged.
Insurance law attorneys can represent insurance companies or clients who are having disputes with their insurance companies. They can oversee the writing of premiums or handle disputes when coverage issues arise.
Personal injury lawyers represent clients who are injured. The clients may be suing another person or a company who made a product that caused their injury.
Defense attorneys represent clients accused of crimes.
Immigration attorneys represent people having issues with immigration and naturalization. They may help people to become citizens or assist people in danger of being deported.
Labor lawyers represent employers or employees in disputes about labor. They may help write employee handbooks or oversee human resources decisions. They also represent employees who are discriminated against or treated unfairly at work or whose employers have violated a worker-protection law.
Specialized Fields
Tax law and intellectual property law are among the most complicated specializations. Tax law requires attorneys to understand complex tax codes for their state. Generally, a math background is required.
Intellectual property attorneys represent clients who own or create intellectual property. They are responsible for filing patents or defending patent cases in court. They also address copyright issues and violations. Generally, a science or engineering background is required to be an intellectual property attorney, in addition to a law degree.
Government Attorneys
Government attorneys work for different state agencies or the District Attorney's office. Government attorneys can also work for the Securities and Exchange Commission or for the military. Those working for the military are said to be in the JAG court.
Legal aid attorneys may also be paid by the government, under certain circumstances. Legal Aid is a service offered to low-income citizens who are unable to afford legal representation.
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