Attorney is a professional that has studied law and passed the Bar exam in their jurisdiction. The legal system is different across countries, and the term attorney may be referred to as “barrister,” “solicitor” or “advocate at law.”
Before you hire an Attorney, it is important that you understand what their job duties are. This will help you decide if they are the right fit for your needs.
Legal Advice
Legal advice is when a licensed professional gives their opinion on a specific legal situation. They typically take into account all aspects of your case and use that information to offer their guidance on what steps you should take next. This requires a deep understanding of laws and statutes as well as the ability to analyze your situation.
Generally, only attorneys can provide legal advice. This is because it requires them to have a license to practice law and pass the state bar exam. If someone offers legal information without a law license, they may be violating state bar rules.
It is also important to note that a legal adviser can only give you legal advice on matters related to their area of law. For example, a family law specialist cannot advise you on criminal cases. This is why many attorneys will have a disclaimer on their website to indicate that they are only offering legal information and not forming an attorney-client relationship.
Litigation
Litigation is the legal process for resolving rights-based disputes through our court system. It encompasses everything from filing a lawsuit to arguments on legal motions, the discovery phase where parties exchange information and even trial by judge or jury.
The process starts when a client approaches an attorney with a dispute. The attorney will review the case and, if accepted, begin to investigate the facts and evidence that supports the claim. This includes gathering any and all available documentation, statements from witnesses and proof that builds a strong case before sending a demand letter.
The court will then review the evidence and arguments to determine a correct legal conclusion based on the facts. This is known as a judgment and can be issued either for or against the plaintiff. The defendant is then obligated to pay the plaintiff for any expenses related to the litigation. Then, the plaintiff can file an appeal if they are dissatisfied with the judgment.
Document Preparation
Virtually every legal matter involves forms or documents. A law firm can save time and money by relying on a reliable document preparation vendor. These vendors often serve as a type of contract paralegal, offering their services on a per-use basis.
Several thousand legal document preparers operate throughout the United States. Most of them are based in California, Arizona, and Florida. They are able to offer their services without violating the unauthorized practice of law statutes in most jurisdictions because they do not provide legal advice or do any custom drafting. Their services are based on the “scrivener exception,” which allows non-lawyers to assist parties in typing legal forms, but not provide any legal advice.
A lawyer who utilizes a document automation application for his clients may be committing the unauthorized practice of law in some jurisdictions, depending on the specific language of the state’s rules of professional conduct. However, if the lawyer merely purchases the software and uses it as a tool for his own practice (and not as an agent for the service provider), the arrangement is probably safe.
Negotiation
Many attorneys provide their clients with negotiation services. These include negotiating a settlement of a case, or obtaining a favorable result at trial. Skilled negotiators generally recommend that the plaintiff’s first offer be high, and that the defendant’s first offer be low. This approach provides room for a reevaluation of the parties’ positions by analyzing whether the initial offers are fair and reasonable.
Sometimes an opponent will attempt to reopen a subject on which an agreement had been reached, or may try to change the negotiated agenda by adding a new issue. Such tactics are generally unwise and, if unjustified, constitute bad faith.
Your attorney can assist you in evaluating your opponent’s proposal and its impact on your position by analyzing where a realistic bargaining limit should be set. A review of your own Best Alternative To a Negotiated Agreement (BATNA) is also worthwhile. Some issues or questions, however, will not be amenable to negotiation.Anwalt