A lawyer is a person who practices law, as a barrister, attorney, counselor or solicitor.[1] Working as a lawyer involves the practical application of abstract legal theories and knowledge to solve specific individualized problems, or to advance the interests of those who hire lawyers to perform legal services.
The role of the lawyer varies greatly across legal jurisdictions, and so it can be treated here in only the most general terms.[2][3]
In practice, legal jurisdictions exercise their right to determine who is recognized as being a lawyer. As a result, the meaning of the term “lawyer” may vary from place to place.[4]
- In Australia, the word “lawyer” is used to refer to both barristers and solicitors (whether in private practice or practicing as corporate in-house counsel).
- In Canada, the word “lawyer” only refers to individuals who have been called to the bar or, in Quebec, have qualified as civil law notaries. Common law lawyers in Canada are formally and properly called “barristers and solicitors”, but should not be referred to as “attorneys”, since that term has a different meaning in Canadian usage. However, in Quebec, civil law advocates (or avocats in French) often call themselves “attorney” and sometimes “barrister and solicitor” in English.
- In England and Wales, “lawyer” is used to refer to persons who provide reserved and unreserved legal activities and includes practitioners such as barristers,attorneys, solicitors, registered foreign lawyers, patent attorneys, trade mark attorneys, licensed conveyancers, public notaries, commissioners for oaths, immigration advisers and claims management services. The Legal Services Act 2007 defines the “legal activities” that may only be performed by a person who is entitled to do so pursuant to the Act. ‘Lawyer’ is not a protected title.
- In South Asia, the term “lawyer” is often colloquially used, but the official term is “advocate” as prescribed under the Advocates Act, 1961.[5]
- In Scotland, the word “lawyer” refers to a more specific group of legally trained people. It specifically includes advocates and solicitors. In a generic sense, it may also include judges and law-trained support staff.
- In the United States, the term generally refers to attorneys who may practice law. It is never used to refer to patent agents[6] or paralegals.[7] In fact, there are regulatory restrictions on non-lawyers like paralegals practicing law.[8]
- Other nations tend to have comparable terms for the analogous concept.
Legal advice is the application of abstract principles of law to the concrete facts of the client’s case in order 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.[42][43][44] 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 unauthorized practice of law.[45]
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.[46][47] Some countries go further; in England and Wales, there is no general prohibition on the giving of legal advice.[48] Sometimes civil law notaries are allowed to give legal advice, as in Belgium.[49] In many countries, non-jurist accountants may provide what is technically legal advice in tax and accounting matters.[50]
Attorney at law or attorney-at-law, usually abbreviated in everyday speech to attorney, is the preferred term for a practising lawyer in certain jurisdictions, including South Africa (for certain lawyers), Sri Lanka, and the United States. In Canada, it is used only in Quebec. The term has its roots in the verb to attorn, meaning to transfer one’s rights and obligations to another.
Johnstown
Johnstown is a city and the county seat of Fulton County in the U.S. state of New York. As of the 2010 Census, the city had population of 8,743.[1] The city was named after its founder, Sir William Johnson.[2]
The city of Johnstown is mostly surrounded by the town of Johnstown, of which it was once a part when it was a village. Also adjacent to the city is the city of Gloversville. The two cities are together known as the “Glove Cities”. They are known for their history of specialty manufacturing. Johnstown is located approximately 45 miles (72 km) west of Albany, about one-third of the way between Albany and the Finger Lakes region to the west.
Johnstown, originally “John’s Town”, was founded in 1762 by Sir William Johnson, a Baronet who named it after his son John Johnson.[3] William Johnson came to the British colony of New York from Ireland in 1732.[4] He was a trader who learned American Indian languages and culture, forming close relationships with many Native American leaders. He was appointed as the Superintendent of Indian Affairs, as well as a major general in the British forces during the French and Indian War (Seven Years’ War). His alliances with the Iroquois were significant to the war.
As a reward for his services, Johnson received large tracts of land in what are now Hamilton and Fulton counties. He established Johnstown and became one of New York’s most prosperous and influential citizens. He was the largest landowner in the Mohawk Valley, with an estate of more than 400,000 acres (1,600 km2) before his death. Having begun as an Indian trader, he expanded his business interests to include a sawmill and lumber business, and a flour mill that served the area. Johnson, the largest slaveholder in the county and perhaps in the state of New York, had some 60 enslaved Africans working these businesses. He also recruited many Scots-Irish tenant farmers to work his lands.[5] Observing Johnson’s successful business endeavors, the local Native American inhabitants dubbed him Warragghivagey, or “he who does much business.”[6]