Government entity authorized to resolve legal disputes. Judges sometimes use "court" to refer to themselves in the third person, as in "the court has read the briefs."
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Legal advice; a term also used to refer to the lawyers in a case.
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A judgment of guilt against a criminal defendant.
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An agreement between two or more people that creates an obligation to do or not to do a particular thing.`
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A bankruptcy case filed to reduce or eliminate debts that are primarily consumer debts.
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Prison terms for two or more offenses to be served at the same time, rather than one after the other. Example: Two five-year sentences and one three-year sentence, if served concurrently, result in a maximum of five years behind bars.
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A written statement that begins a civil lawsuit, in which the plaintiff details the claims against the defendant.
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A special condition the court imposes that requires an individual to work – without pay – for a civic or nonprofit organization.
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The legal system that originated in England and is now in use in the United States, which relies on the articulation of legal principles in a historical succession of judicial decisions. Common law principles can be changed by legislation.
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Property that is promised as security for the satisfaction of a debt.
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The court officer who oversees administrative functions, especially managing the flow of cases through the court. The clerk's office is often called a court's central nervous system.
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A lawsuit in which one or more members of a large group, or class, of individuals or other entities sue on behalf of the entire class. The district court must find that the claims of the class members contain questions of law or fact in common before the lawsuit can proceed as a class action.
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The offices of a judge and his or her staff.
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The number of cases handled by a judge or a court.
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A complete collection of every document filed in court in a case.
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A crime punishable by death.
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A bankruptcy case in which the debtor is a business or an individual involved in business and the debts are for business purposes.
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A written statement submitted in a trial or appellate proceeding that explains one side's legal and factual arguments.
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A trial without a jury, in which the judge serves as the fact-finder.
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The release, prior to trial, of a person accused of a crime, under specified conditions designed to assure that person's appearance in court when required. Also, can refer to the amount of bond money posted as a financial condition of pretrial release.
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An agreement to continue performing duties under a contract or lease.
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Property of all kinds, including real and personal, tangible and intangible.
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A federal judge who is appointed for life, during "good behavior," under Article III of the Constitution. Article III judges are nominated by the President and confirmed by the Senate.
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A proceeding in which a criminal defendant is brought into court, told of the charges in an indictment or information, and asked to plead guilty or not guilty.
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A request made after a trial by a party that has lost on one or more issues that a higher court review the decision to determine if it was correct. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the "appellant;" the other party is the "appellee."
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A procedure for settling a dispute outside the courtroom. Most forms of ADR are not binding, and involve referral of the case to a neutral party such as an arbitrator or mediator.
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A juror selected in the same manner as a regular juror who hears all the evidence but does not help decide the case unless called on to replace a regular juror.
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A written or printed statement made under oath.
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A lawsuit arising in or related to a bankruptcy case that begins by filing a complaint with the court, that is, a "trial" that takes place within the context of a bankruptcy case.
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A term used to describe evidence that may be considered by a jury or judge in civil and criminal cases.
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The federal agency responsible for collecting court statistics, administering the federal courts' budget, and performing many other administrative and programmatic functions, under the direction and supervision of the Judicial Conference of the United States.
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A judge in the full-time service of the court. Compare to senior judge.
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A jury verdict that a criminal defendant is not guilty, or the finding of a judge that the evidence is insufficient to support a conviction.
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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 many countries, only a properly licensed lawyer may provide legal advice to clients for good consideration, even if no lawsuit is contemplated or is in progress. Therefore, 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. Failure to obey such a rule is the crime of the unauthorized practice of law.
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. Some countries go further; in England and Wales, there is no general prohibition on the giving of legal advice. Singapore does not have any admission requirements for in-house counsel. Sometimes civil law notaries are allowed to give legal advice, as in Belgium.
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An important aspect of a lawyer's job is developing and managing relationships with clients (or the client's employees, if the lawyer works in-house for a government or corporation). The client-lawyer relationship is explained in six steps. First, the relationship begins with an intake interview where the lawyer gets to know the client personally. The second step is discovering the facts of the client's case. Thirdly is clarifying what the client wants to accomplish. The fourth step is where the lawyer 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.
In England, only solicitors were traditionally in direct contact with the client. The solicitor retained a barrister if one was necessary and acted as an intermediary between the barrister and the client. 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.
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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). 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.
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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 England, 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). The barrister then researches and drafts the necessary court pleadings (which will be filed and served by the solicitor) and orally argues the case.
In Spain, the procurator merely signs and presents the papers to the court, but it is the advocate who drafts the papers and argues the case.
In some countries, 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.
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Arguing a client's case before a judge or jury in a court of law is the traditional province of the barrister in England and Australia, and of advocates in some civil law jurisdictions. However, the boundary between barristers and solicitors has evolved. In England today, the barrister monopoly covers only appellate courts, and barristers must compete directly with solicitors in many trial courts. In countries like the United States, which have fused legal professions, there are trial lawyers who specialize in trying cases in court, but trial lawyers do not have a legal monopoly like barristers. In some countries, litigants have the option of arguing pro se, or on their own behalf. It is common for litigants to appear unrepresented before certain courts like small claims courts; indeed, many such courts do not allow lawyers to speak for their clients, in an effort to save money for all participants in a small case. In other countries, like Venezuela, no one may appear before a judge unless represented by a lawyer. The advantage of the latter regime is that lawyers are familiar with the court's customs and procedures, and make 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.
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In most countries, particularly civil law countries, there has been a tradition of giving many legal tasks to a variety of civil law notaries, clerks, and scriveners. These countries do not have "lawyers" in the American sense, insofar as that term refers to a single type of general-purpose legal services provider; rather, their legal professions consist of a large number of different kinds of law-trained persons, known as jurists, some of whom are advocates who are licensed to practice in the courts. It is difficult to formulate accurate generalizations that cover all the countries with multiple legal professions because each country has traditionally had its own peculiar method of dividing up legal work among all its different types of legal professionals.
Notably, England, the mother of the common law jurisdictions, emerged from the Middle Ages with similar complexity in its legal professions, but then evolved by the 19th century to a single division between barristers and solicitors. An equivalent division developed between advocates and procurators in some civil law countries; these two types did not always monopolize the practice of law, in that they coexisted with civil law notaries.
Several countries that originally had two or more legal professions have since fused or united their professions into a single type of lawyer. 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. In countries with fused professions, a lawyer is usually permitted to carry out all or nearly all the responsibilities listed below.
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Different legal jurisdictions have different requirements in the determination of who is recognized as being a lawyer. As a result, the meaning of the term "lawyer" may vary from place to place.
Some jurisdictions have two types of lawyers, barrister and solicitors, while others fuse the two. A barrister (also known as an advocate or counselor in some jurisdictions) is a lawyer who typically specializes in arguing before courts, particularly in higher courts. A solicitor (or attorney) is a lawyer who is trained to prepare cases and give advice on legal subjects. Depending on jurisdiction, solicitors can also represent people in lower courts but do not ordinarily have rights of audience in higher courts. Both solicitors and barristers are trained in law. However, in jurisdictions where there is a split profession, only barristers are admitted as members of a bar association.
The distinction between barristers and solicitors originated in the English legal system, but many countries that adopted English law have eliminated the distinction. Countries such as New Zealand, Canada (with the exception of Quebec, which practices civil law), India, Pakistan, and the US have adopted a fused profession, where all lawyers have the privileges of both barristers and solicitors.
Some fused-profession jurisdictions use one term to describe lawyers generally. For example, the US lawyers are typically referred to as "attorneys", while Indian and Pakistani lawyers are known as "advocates". Other fused jurisdictions use terms such as "barrister and solicitor" or "attorney and counselor" to describe lawyers in general.
Nonetheless, the terminology of "barrister" and "solicitor" may still be applied to lawyers who deal in the specific kinds of work barristers and solicitors generally do. In countries like the US, however, the term "trial lawyer" typically describes the work of a lawyer who specialises primarily in arguing cases.
Nonetheless, in countries like England, Wales, Australia, and South Africa, the distinction between barristers and solicitors remain. Additionally, England and Wales has a number of other classifications of lawyers, which include registered foreign lawyers, patent attorneys, trademark attorneys, licensed conveyancers, public notaries, commissioners for oaths, immigration advisers and chartered legal executives. Under the English Legal Services Act 2007, "lawyer" is not a protected title. In other jurisdictions, like the United States, there are strict restrictions on who may call themselves a lawyer, with paralegals and patent agents generally disallowed.
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VACAVILLE OFFICE
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A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solicitor, legal executive, or public servant — with each role having different functions and privileges. 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 advancing the interests of the law and legal profession.
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Schedule an appointment with us today at our Vacaville or Fairfield offices!
VACAVILLE OFFICE
601 Buck Avenue
Vacaville, CA 95688
707.452.9606
FAIRFIELD OFFICE
727 Texas Street
Fairfield, CA 94533
707.421.7800
