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ТНЕ AMERICAN LEGAL PROFESSION
The American legal profession, Like American law, has it roots in England, but with significant differences. In England, the legal profession is divided between office lawyers, known as solicitors, a nd courtroom lawyers, known as barristers.
In the United States, there is по division of the profession, and а lawyer frequently does both office work and courtroom work. There is, however, а great deal of variety in the types off work done by lawyers.
Depending upon the circumstances and the needs of the client, the lawyer may be а counselor, а negotiator and/or а litigator. In each of these roles, the lawyer will need го engage in factual investigation.
With respect to each of these roles, the lawyer will do the following:
Counselor: Attorney willl1elp advise the client how to order the client's affairs.
Negotiator: Lawyer will work with oppоsing counsel to try to get а favorable resolution for the client. Тhe art of negotiation involves many techniques individual to particular attorneys and Тhe circumstances. The client a lways retains the right to accept or reject а settlement negotiated or offered by the opposing рапу.
Litigator: in litigating, the attorney will help pick а jury and participate in pre-trial mot ions.
Fact investigator: all of the lawyers roles require the investigation orrelevant facts, including locating and interviewing witnesses.
А lawyer is to be а zealous advocate of the client, in this respect the lawyer must advocate on the client's behalf and avoid conf1icts of interest. The lawyeris also on officer of the court and is required to deal fairly and honestly with the court and with its other officers, including the lawyer's opponents.
The judge is the final arbiter of the law. The judge is charged with the duty to state. as а positive matter what the law is. In addition, the judge is to maintain order in the courtroom .
judge s in federal court’s аге appointed by the with the "advice and consent" of the Senate. Man y state court judges аге elected by popular vote.
The jury, а group of l ocal citizens, is the fact-finder in most trials.
The jury will receive instructions from the judge as го the Jaw, and its members will assess the fac ts as they pe rceive them in light of the law, аs instгuсtеd, to return а verdict.