Lawyers are specialized legal professionals that work with the public to protect and promote their clients’ rights. They combine their knowledge of laws, past cases and current legislation to provide legal assistance.
The difference between Anwalt and lawyer may seem subtle, but it’s important to understand the distinction. This is especially true for people considering a career in the law.
Legal Advice
With a law degree and years of experience, attorneys are able to untangle complicated legal issues for their clients. This legal advice is often based on research of current laws as well as a careful review of an individual’s specific situation. Generally, only lawyers are legally allowed to provide legal advice.
A person can find a variety of legal information on the internet, through legal aid services, low cost legal clinics and private law firms websites. However, it is important for an individual to understand the difference between legal information and legal advice.
Many law firms and sole practitioner attorneys include a disclaimer on their website stating that the contents of their site do not constitute legal advice and that an attorney-client relationship must be established before legal advice can be obtained. Without an attorney-client relationship, an individual may be liable for violating privacy laws and disclosing confidential information to someone else. This could result in substantial legal penalties.
Representation
Representation, from the Latin repraesentare, means “to bring before, show.” A lawyer provides legal representation for his clients. A caricature is a representation or likeness of a person. An elected official serves as the representation for his constituents, and a legislative body has representatives. It’s a complex relation, and any attempt to narrow its scope invites constant frustration, because virtually every form of human communication and perception may be considered a form of representation. It’s also a sociopsychological concept, meaning that it encompasses the relations between two or more persons.
A lawyer can provide representation in various ways, including negotiating, mediation and arbitration.
Negotiation
Negotiation is the process of reaching a mutually beneficial compromise between parties. Attorneys negotiate on behalf of their clients to help them get a fair deal. This can include negotiating a contract, settlement or other type of agreement. A skilled negotiator can minimize misunderstandings, and understand the needs and temperament of the other party.
Knowing the other party’s motivations and biases can help an attorney frame an issue in a way that is more likely to favor their client. An experienced negotiator will also know when to walk away from a negotiation.
During the first stage of negotiation, an attorney must clarify the issues. This requires asking questions and listening attentively to the other party’s responses. This can be difficult, because the other agent is not trying to give away information that could hurt their position. The second phase of negotiation is argumentation, where attorneys try to persuade the other party by presenting their case in a persuasive manner.
Research
Legal research is the process of finding laws, including statutes and court opinions, that apply to a specific issue. This can be necessary when creating legal arguments, writing a brief or filing a motion with the court. For example, if an attorney wants to argue that a client should receive compensation from a company for the cost of medical treatment due to a workplace injury, they must research relevant law and compile it into a compelling argument.
Legal researchers also use primary sources, such as law books and Supreme Court decisions, to support their arguments. They must ensure that the source they are using is considered “good law,” which means it was cited in later cases and treated favorably by judges.
Developing strong research skills can help an attorney build their career and win cases. They can showcase these skills on their resume by listing these activities in the skills section. They can also demonstrate their skills in job interviews by describing past research projects they have worked on.
