What Does an Attorney at Law Do?
An attorney at law (also referred to as a “lawyer”) is someone trained and educated in law who practices it in court.
Judges often read briefs as cheat sheets when writing opinions or preparing oral argument. A successful brief should contain key legal provisions quickly.
Legal Advice
Legal information can be easily found online, but for tailored guidance it’s wiser to seek legal advice from an attorney. A legal advisor can advise on the best path forward based on laws, precedents and regulations applicable to your situation.
Legal assistance will also be essential if you intend to file a lawsuit, defend against criminal charges, or negotiate a contract. Although you can represent yourself in some situations, this may not always be wise.
An attorney at law, commonly referred to as an Attorney-at-law or Esquire, is defined as someone who has passed the Bar Exam and been authorized to practice law. As such, they can represent clients in court proceedings and participate in other legal matters on their own accord. ‘At law’ differentiates these attorneys from someone designated in a power of attorney document – however some lawyers prefer calling themselves counselors at law instead.
Drafting Documents
Legal documents must be written clearly and succinctly, as a well-drafted document can make or break success or failure in court or negotiations. While legal drafts can often be complex, they should always reflect the intentions of all involved.
Step one in creating any legal document should be understanding its purpose. A memo sent directly to a judge may require more legalese than a letter addressed directly to clients; be mindful of your target audience when writing.
Legal drafting also demands meticulous proofreading. Spelling and grammar errors can render documents unprofessional-looking, so it’s crucial that you review your work carefully and solicit feedback from others. Consistency in word choice between paragraphs should convey the same idea. Afterward, any remaining ambiguities must be eliminated for an optimal final draft – failing which could result in costly mistakes being made later on in court proceedings.
Negotiating Deals
Lawyers are frequently encouraged to enter negotiations by making arguments aimed at persuading their counterpart of their strength of position, which gives them power from the outset of talks. But effective attorney-negotiators instead focus on gathering information such as counterparts’ negotiation reputations, facts of case and potential damages recoverable – before starting talking.
Skilled negotiators understand the value in making the initial offer in any negotiation, to demonstrate good faith and possibly force their counterpart to revaluate his or her estimate of settlement value.
Attorney-at-laws should keep their clients up-to-date on the progress of negotiations. This involves promptly informing them when there is a serious offer from one side – be it in regards to civil controversy settlement proposals or plea bargaining negotiations – from which their client can evaluate if it is acceptable or not.
Representing Clients
An experienced attorney gives clients a sense of security that their interests will be aggressively and competently protected in legal matters. This trust allows individuals to focus on the details of their case knowing that their lawyer can analyze all available information objectively without bias or prejudice.
A proper lawyer-client relationship requires that both parties adhere to certain duties, including maintaining communication and promptly responding to all requests; honoring agreed-upon payments and deadlines; only disclosing confidential or privileged communications as permitted by law; and informing their attorney when representing is no longer desired. Clients should also avoid discussing their case outside of legal representation unless necessary for investigation of matters at hand.
Once you’ve screened and evaluated a prospective client and confirmed there are no conflicts of interest, you must inform her whether you will represent her – preferably after conducting an initial interview – by means of written confirmation that your decision to accept or decline their representation is based on the scope and essential terms such as fees. Using sample forms provided here could prove useful.