Lawyers may be
divided into several types. Trial lawyer is one type.
Office-practice lawyer is another. Office- practice is concerned
with matters such as preparing documents, advising business, or
settling estates. Many office-practice lawyers never participate
in a lawsuit, but leave litigation to trial lawyers. General
practitioners, especially in small communities, may handle every
matter that is brought to office. House counsels are another
large group of attorneys. They are employed by business to
assist in the internal operations of the business by preventing
and solving legal problems.
Lawyers play
important roles in society. First of all, they are advisors. A
lawyer's product is advice - advice on an infinite variety of
subjects. Much of the advice is not on legal matters, but may
involve business decisions or family affairs. Second, lawyers
are advocates for their clients. Office lawyers negotiating a
contract are advocates just as trial lawyers are; their advocacy
is directed at other attorneys and their clients, rather than to
judges and juries. Third, lawyers are negotiators of compromise.
They seek to avoid the difficulties and expenses of litigation
by finding a mutually satisfactory alternative.
To be a good
advisor, advocate and negotiator, lawyers must be cultured. They
must be able to appreciate the historical relevance of our
fundamental freedoms and the role of law in our society. They
must be keenly aware of the world in which they live, what is
right about it and what is wrong, so that they can fulfil their
role as instrument of change. They must be compassionate and
sensitive to human problems and weaknesses, because the practice
of law is a very personal matter.
Lawyers must be
courageous and willing to represent unpopular causes, because
the right to counsel exists as a necessity. They must be willing
not only to defend such causes, but to defend the system that
requires such representation.
Notes
-
Many
office-practice lawyers never participate n a lawsuit, but
litigation to trial lawyers.
很多咨詢律師從不參加訴訟,他們把訴訟留給訴訟律師。
-
The are
employed by business to assist in the internal operations of
business by preventing and solving legal problems.
他們受聘于企業,通過防止和解決法律問題來協助企業內部的動作。
-
…their
advocacy is directed at other attorneys and their clients,
rather than to judges and juries.
他們的辯護是針對其他律師及其委托人的,而不是指向法官和陪審團的。
-
They seek to
avoid the difficulties and expenses of litigation by finding
a mutually satisfactory alternative.
他們通過尋求雙方都滿意的其他途?nbsp| 來避免訴訟的困難和花費。
-
They must be
albe to appreciate the historical relevance of our
fundamental freedoms and the role of law in our society.
他們必須能領會我們的基本的自由權利的歷史意義,以及法律在我們社會中的作用。
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They must be
keenly aware of the world in which they live, what is right
bout it and what is wrong, so that they can fulfil their
role as instrument of change.
他們必須對所處的世界有敏銳的意識,明白這世界對在何處錯在何處,這樣他們才能起到變化的工具這一作用。
-
Lawyers must be
courageous and willing to represent unpopular causes,
because the right to counsel exists as a necessity.
律師必須勇于并且樂于代理不得人心的案由,因為請律師的權利是一种必須。
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