practice of law?
WHAT KIND OF WORK SHOULD I HAVE TO DO AS A LAWYER?
“The work of the law is to establish rights, satisfy claims, protect the
innocent against wrongdoers, secure convictions for the guilty, and to
maintain a cause in the face of all forms of opposition and
misrepresentation.”[35]
[35] The Law as a Vocation, p. 68, Vocation Bureau, Boston, Mass.
The profession of law, therefore, is a profession of action rather than
inaction, of fighting for a cause. In this fight the lawyer finds his
work in two rather distinct fields, office practice and court practice.
Office practice again subdivides itself into practice of a public nature
and practice of a private nature. Office practice of a private nature
consists very largely in the examination of titles to property, the
drafting of legal papers, such as deeds and contracts, the acting as
trustee or guardian, the collection of accounts, and the giving of
general legal advice. In the office practice of a public nature, the
lawyer acts as public administrator, referee in bankruptcy proceedings,
auditor of public accounts, etc.
In the field of court practice the lawyer deals with criminal cases,
damage suits, etc. It is in this field that there is the greatest
nervous strain, but at the same time the greatest opportunity for
building up a wide reputation. In court practice an attorney conducting
a case usually consults other lawyers and has their aid and counsel as
associates in the case.
Both in office and court practice lawyers usually become notaries or
justices for the convenience of clients in the acknowledgment of deeds,
the making of affidavits, etc. Classified on a still different basis the
principal fields of practice in law are five in number. Any lawyer would
usually have the bulk of his practice in one of these five fields,
acting in one of the following capacities: General practitioner,
criminal lawyer, tort lawyer, real estate lawyer, patent lawyer. All but
the first of these represent specialized fields.
The general practitioner performs various kinds of legal services, any
kind in fact that may be called for in the community in which he lives.
The criminal lawyer limits his practice chiefly to work in criminal
courts and deals with offenses that have been committed against society.
The tort lawyer deals with damage suits. The work of the tort lawyer is
often divided into two fields, that of the plaintiff lawyer and that of
the defendant lawyer. The plaintiff lawyer does work for those parties
who are claiming damage. The defendant lawyer does work for those
individuals or organizations that are sued for damage. Generally the
defendant lawyer serves a liability or insurance company, corporation or
other employer.
The real-estate lawyer is engaged largely in examining titles, and in
acting as trustee and thus holding funds for investment. His work
naturally brings him in close touch with both the buying and the selling
end of the real-estate business, so that he usually, himself, engages to
some extent in that business.
The patent lawyer assists in getting patents from the National
Government, and in acting as an attorney in patent cases.
The following quotation affords a description of the work of a lawyer
from another point of view:
“The lawyer spends a part of his time in studying law, reading statutes,
decisions, reports, and treatises. The printed decisions in various
States range from 1 to 18 or 20 volumes a year. With these and other
legal material the lawyer is bound to have some acquaintance.
Furthermore, the lawyer spends part of his time studying miscellaneous
topics, which become the subject of litigation, such as street paving,
the coal business, the chemistry of wall paper, and so on. Every science
may have something to say to the lawyer. Part of his time is spent in
consultation with his clients; first of all to ascertain the facts of
their cases, and afterwards to explain to them their rights on the
facts. He also spends time in writing letters and doing sundry business
incidental to giving advice to his clients. This work for the client
branches out into a search for missing witnesses, examination of records
of deeds to discover the ownership of real estate, the perusal of the
account books of a client to find out the balance of a claim or similar
investigation. Furthermore, part of his time is spent in writing of
pleadings and briefs; the pleadings are the statement of claim or
defense made by him to the court; the briefs are his written arguments
of law giving the legal reasons why the law favors his client’s case.
Finally, he spends much of his time in arguments to the judge and jury,
and in the examination of witnesses and other proceedings in court.
Here, as in all occupations, nine-tenths of the work is what may be
called routine work or even drudgery. This can not be escaped. The
lawyer does not spend his time in preparing and delivering eloquent
orations. As in other occupations, the really interesting work, full of
perpetual zest, is usually a small part of the whole.”[36]
[36] The Law as a Vocation, pp. 24-25, Vocation Bureau, Boston, Mass.
WHAT PERSONAL CHARACTERISTICS SHOULD I POSSESS TO BE SUCCESSFUL AS A
LAWYER?
The answer to the first part of this question is best given in the
following quotation:
Certain personal qualities are fundamental for a success in the law;
others though of high value are secondary.
The fundamental qualities are as follows: