As such,
there is no single or correct answer to this question. In past no one really
questioned lawmakers, law distributors, or the laws themselves. But of late,
society has begun to question most legal activities as to their effectiveness
and competence. The cause of these reviews has emerged by changing times, changing
thoughts, understanding, beliefs, as well as the development of technology and
other such new developments within societies.
There are
2 sources of law – parliament (legislation) and court (case) made law. These
laws can be regarded as being purely formal, irrespective of whether they are
good or bad.
Law can
be ‘positivist’ in nature – meaning no judgement is made in regards to the quality
of that law - implement it regardless if it is a good or bad. Such a theory
does not look at the moral implications of the laws – it’s a amoral view of
law. Natural law on the other hand, is the idea that ‘God’ makes laws. This
theory originates as far back as early Greece and the ‘Gods’. The most complete
account of natural law doctrine can be found by Aquinas St. Thomas. For instance
– "Nothing else than the rational creature’s participation of the eternal
law", "Every human law has just so much of the character of the law
as it is derived from the law of nature. But if in any point it differs from
the law of nature, it is no longer a law but a corruption of a law", "…that
positive law is a determination of natural law". One natural theorist is
Kant Emmanuel – "No law can be right merely by convention", "Laws,
as such, are to be regarded as necessary a priori – that is as following of
themselves from the conceptions of external right generally – and not as merely
established by statues".
What Is A Lawyer ?
Lawyers interpret the law through actions and words for the
protection of an individual, a business concern or an idea. They must be widely versed in
a great many areas: the law, economics, history, human motivation and behavior, and the
practicalities of day to day living. The education of lawyers never ends because they must
constantly be abreast of information which may be of use to the client.
As our society grows in complexity, the lawyer's role grows as well. No longer is it
possible for one single lawyer to handle every aspect of every client's legal needs.
Although well informed as to the tax implications of stock market transactions, a lawyer
may not know enough to cover adequately the client's requirements for divorce proceedings,
for instance. For this reason, the vast majority of today's lawyers are specifying the
types of clients and cases which they will serve. It is important to understand, however,
that even though the legal profession itself is specializing, the law school and prelegal
education remain general in nature. Any specialization you choose to follow must take
place after you graduate from law school, pass the bar examination, and enter the
professional world. The type you choose to practice may depend upon employment conditions
when you begin, your personal interest and background, the amount of money you want to
earn, the area of the country in which you want to live, etc. If you enjoy working with
numbers or have a great concern for the welfare of society, you're a natural for some
particular legal specialties; see descriptions below.
So how can you know if you'll like being a lawyer? The practice of law includes so many
alternatives that it is difficult to generalize at all. Many lawyers in large corporate
firms concentrate their efforts in mastering one particular area of specialization within
the law, e.g. the intricacies of tax law. These attorneys often serve primarily as
advisors to corporate clients, rarely being involved with taking a case to court.
Litigation lawyers, on the other hand, prepare and present cases in court or negotiate to
settle the case before the scheduled court appearance. Practicing law in a small town or
with a small community-based firm often means taking whatever cases walk through the door.
This kind of practice tends to focus more on the daily legal needs of individuals -
drawing up wills or deeds, filing for divorces, getting someone out of jail on bond,
settling personal damage suits in court - rather than the more technical and specialized
needs of corporate clients. Success is often due more to the quality of your personal
interactions and persuasiveness than to your intellectual capabilities.
Although various kinds of legal practice are different in many ways, there are some
common links. First of all, clients come to lawyers with a certain set of facts - the
specific details of their experience. They come seeking a remedy. Your task as the
attorney is to use your skills and understanding of the law to support their cases.
Clients tend not to concern themselves with theory although you may think cases pose some
interesting issues. They want you to take the facts - their facts - and weave the details
into a case to support their position. Your success as a lawyer is determined by the
extent to which you serve the best interests of your clients. Your satisfaction in a legal
career is also in part determined by the extent to which you like the interests and
clients you serve.
It is impossible to list and explain all of the various types of law practiced in the
United States today. The following descriptions cover the legal fields most widely known
and available to beginning lawyers. Most law schools have very sophisticated methods with
which to assist you in finding appropriate employment opportunities. Your law school
placement office will be able to give you more complete information when you need it. The
following descriptions are presented only to give you an idea of what some types of
lawyers do. You should also be aware that some of the descriptions given here may fit
other titles as it is often difficult to differentiate between types of law which may
overlap a great deal, i.e. what is entitled comparative law here may be considered
international law by some. You must also realize that the descriptions are only brief
summaries and do not cover everything that the lawyer working in that specialty does.
Comparative Law A lawyer who chooses this specialty must have a good working
knowledge of the laws, society, and government of at least one country other than the
United States. This usually means that the lawyer has attended both college and law school
in the United States as well as a formal educational institution in the foreign country
with whose affairs s/he will eventually work. The comparative lawyer works with
international relations in trade and commerce, travel, government business, and many other
areas depending upon the breadth of his/her knowledge and the needs of his/her employer.
The field of comparative law is one in which there is a great deal of opportunity for
advancement and challenging work. Comparative lawyers may find their employment with
business firms, with government organizations, or with any person or group which deals
with countries other than the United States.
Environmental Law One of the newest entries in the legal world, environmental
law requires a concern for the nation's resources, knowledge of where the resources are,
what they are used for, how and why they may be endangered or exploited, and whose job it
is to protect them. Environmental lawyers may work alone or in and for groups whose job it
is to prosecute offenders and remedy the offending situation. On the other side of the
coin, environmental lawyers may represent the "offenders" to prove why the
exploitation is not bad or is not what it seems to be. Finally, they may mediate between
concerned groups and help generate arrangements which will benefit the country, the
consumers, and the corporation.
Patent Law Patent Law is the only legal specialty officially recognized by the
American Bar Association. It is also one of the few areas of legal practice which requires
a specific educational background usually in the natural sciences, mathematics, or
engineering. This background is required because the work a patent lawyer does is to see
that no one has already patented a client's idea and that no one "borrows" the
client's idea after it has been patented. To do this the lawyer must thoroughly understand
the client's idea and be able to ascertain whether differences occur in similar ideas or
if, indeed, the idea has already been used or is being "borrowed". Patent
lawyers are usually employed by large firms whose research teams may constantly be coming
up with new ideas to be protected, or by large law firms where they handle individual
clients and companies who seek the advice of the lawyer. Sometimes patent lawyers enter
private practice and work as representatives to individuals and companies.
Poverty Law and Legal Services A general title for a great number of legal
opportunities, poverty law and legal services offers a lawyer the chance to represent and
protect those in our society who may not have the money or the knowledge to help
themselves. Many law schools are now offering third year students and occasionally second
year students the option of working with poverty law clients as part of an internship or
clinical program. If your law school offers this as an elective, it is not only an
excellent method of acquainting yourself with the real "meat" of this particular
type of law practice, it is also a fine introduction into the legal world itself as it
shows the student the kind of knowledge s/he will be called upon to utilize every day. In
addition, it serves as a respite from what may become academic tedium during the later
years of law school. Poverty law and legal services encompass positions such as the
district attorney and public defenders in city governments, legal aid work, and government
groups such as VISTA and the Peace Corps which have recently introduced legal work into
their programs of assistance. If you are considering this type of law, do not expect to
make a lot of money, expect to be very busy, and realize that your services will be sought
by many and may be appreciated by only a few. For the vast majority of the lawyers who
enter this type of law, the clients' appreciation when it occurs is the finest reward.
Tax Law A tax lawyer assists people or businesses in the computation and
payment of taxes of all kinds: income, property, estate, etc. A good background in
statistics, mathematics and/or business as well as a genuine enjoyment of working with
numbers are basic necessities for the tax lawyer. LLM degrees (the Master of Law Letters
degree which follows the JD or LLB degree) can be received in tax law in a number of law
school graduate divisions around the country. This is one of the specific areas in which
the LLM degree is most frequently pursued. Tax law is a growing field because of the
increasing complexity of the financial status of the United States and its private
citizens. If you satisfy the requirements of the field, your work in private practice or
as a corporation tax lawyer can be a lucrative career.
Corporate Law The corporate lawyer deals with the entirety of a
corporation's activities from settling tax, employment, or labor problems, to setting up
mergers between and among corporations and arranging stock options. Generally, a corporate
lawyer is one of a team of lawyers, each handling or assisting in the handling of only one
of the activities areas. A corporate lawyer, therefore, may be any one of the preceding
types of lawyers and also be a corporate lawyer. For instance, an environmental lawyer may
be employed by Kodak and still retain both titles of environmental and corporate lawyer;
one does not preclude the other. Corporate law opportunities are unlimited and offer
continually broadening horizons commensurate with the growth of the corporation.
Criminal Law Criminal Law involves just what the label implies: persons accused
of crimes. Lawyers who specialize in criminal law may work on either side of the adversary
process -- defense or prosecution. Those who defend the accused may work in private
practice or in a public defender's office. Those who work for the prosecution side will
generally be employed by the government, e.g. in District Attorneys' offices, etc. At the
higher levels of government (e.g. the Federal Justice Department), criminal lawyers will
often find themselves defending the accused, because their role will be to argue cases
that are being appealed on constitutional grounds.
As previously stated, there are many more types of law from which to choose; what you
choose will depend upon your present interests and your interests as they develop in law
school. There is no reason to make your decision now as to what type of law you will
practice; the legal profession changes constantly and you may find your own interests
changing as you become exposed to more and more information.