So What do Lawyers do Anyway?

This was the question, posed by my 16 year old great-niece, having flown in from Alaska and meeting me for the first time.  It was a question borne of pure innocence and true curiosity.  Having never been asked the question before, my immediate answer was one of simplicity.  Lawyers do many things. We try to help people. We argue, we negotiate, we attempt to solve problems. We communicate with others using both the written and spoken word. Some go to court, others do not. We pursue remedies on behalf of clients both great and small. We defend clients against claims and allegations when they are unjustly accused. We negotiate contracts both great and small. We try to do the right thing and make the world a better place. That seemed to appease her curiosity. After all, what else was there to say?  But more importantly, was that an honest and complete answer?

Both her question and my answer continued to float in my head for weeks after she departed back to Alaska. Turns out, I thought an accurate and complete answer was far more complex than my initial simplistic response. The answer begins with the definition of an attorney versus a lawyer.  Historically, attorneys are individuals who have attended and graduated from law school. In contrast, a lawyer is an individual who attended law school, passed a state bar exam, and is entitled to practice law and represent third parties. However this distinction is now blurred as many states do not require attorneys and lawyers to attend law school, much less pass a bar exam.  [See , “Did Your Attorney Graduate From Law School and/or Pass the Bar Exam”, posted 4/10/24].  What at a lawyer does is next determined by where they work.

 A lawyer's workplace could be either in the public or private sectors. On the public side, jobs vary from being a judge, prosecutor, public defender, government attorney, lobbyist, or public interest attorney. On the private side, jobs vary between private law firms of all sizes ranging between solo practitioners and mega firms of 2,000+ lawyers, in-house corporate counsel, academia, contract attorneys, or non-traditional roles such as mediators, arbitrators, entrepreneur's, or businessmen. Most of these positions require a law degree, but historically only 55% to 58% of attorneys who graduate from Law School ever work as lawyers practicing law.

Lawyers working in public sectors tend to focus upon serving the public in either civil or criminal matters. Judges render decisions upon civil and criminal matters while prosecutors and public defenders represent individuals caught in the criminal justice system. Government lawyers and attorneys represent the interests of the government bodies by whom they are employed, whether that be federal, state, or local. Lawyers and attorneys serving as lobbyists represent the interests of public and private interest groups in attempting to persuade and advocate for legislation through state and federal governments. Public interest lawyers  and attorneys serve as both lobbyists and advocates for the rights of both individuals and groups.

Lawyers in private sectors tend to serve individuals or companies in both civil and criminal matters. Private law firms range in size from sole practitioners to international law firms with thousands of attorneys. Lawyers who practice in private law firms tend to focus upon specific practice areas. Practice areas range across a broad spectrum, including: bankruptcy, construction, corporate, constitutional, criminal, education, employment, entertainment, environmental, estates, family, immigration, intellectual property, personal injury, real estate, tax, and other emerging specialties. 

In-house counsel are typically captive to a single company and both represent the company by whom they are employed and manage outside counsel in advancing the company's interests.  Lawyers and attorneys working in academia teach and write about the law in both law schools and colleges, while contract attorneys are typically hired for specific projects by both law firms and corporate counsel. Non-traditional lawyers  and attorneys serve as mediators and arbitrators working to resolve disputes through private means, or indirectly use their law degree to support traditional business roles. 

Where a lawyer works then defines whether or not they go to court. On the public sector side, judges, prosecutors, and public defenders spend a majority of their time in court. Government attorneys and public interest lawyers often split their time between court and office activities, while lobbyists seldom, if ever, appear in court. On the private sector side, lawyers and attorneys in law firms range from spending most of their time in court to seldom, if ever, appearing in court dependent upon the practice area. In-house lawyers, attorneys working in academia, contract attorneys, and non-traditional lawyers seldom, if ever, appear in court.

Whether a lawyer goes to court then defines what they do. Lawyers who go to court serve as advocates for their clients in public forums. They are duty bound to zealously advocate for the interest of their clients within ethical bounds. They communicate with the court and judges through both written and oral means. Lawyers draft pleadings and motions, asserting the rights and remedies of their clients, many of which then require oral arguments before the Judge.  Lawyers serve discovery upon opposing parties seeking to uncover facts surrounding the claims and defenses in dispute. Finally lawyers represent clients during dispute resolution procedures, whether that be by trial, arbitration, mediation, or appeals of prior decisions. Lawyers, unlike many attorneys, are issued a bar number by the state in which they are authorized to practice and can represent clients in each of these tasks.

Lawyers and attorneys who do not go to court tend to represent their clients mostly in private forums. They too are bound to zealously represent their clients within ethical bounds. However, most of their communications are with other lawyers  working in private and public sectors, not the courts. Lawyers are typically involved in drafting and negotiations of  of transactions, for either public or private purposes. While lawyers who do not go to court tend to avoid confrontation in favor of cooperation, this can vary depending upon the parties to the transaction. 

Finally, all lawyers and attorneys, wherever they work, in either public or private sectors, or whether they go to court, must communicate effectively through both oral and written means.  All must strive to zealously represent their clients within ethical bounds.  [See, “Can Anybody Sue Anyone For Anything in the United States”, posted 3/13/24].  All should try to make the world a better, more just place.  [See, “Can Pro-Bono Services Survive Billable Hour Requirements”, posted 4/3/24]. Finally, ideally, all should strive to counsel and advise clients to do the right thing in every situation. But realistically, human motivations make that ideal unachievable!

So in the end, after putting thought to print, I reviewed my answer and found it too complex. I returned to a more simplistic answer. Lawyers teach! The best advocates, whether through litigation or negotiation, are teachers.  Lawyers should teach and remove mystery from law.  Lawyers advocate and convince others of their positions by teaching. Lawyers  should teach jury's so they can make proper conclusions and decisions. Lawyers should teach Judges about the facts of their cases so the court can render educated judgements. 

Lawyers should teach and show young associates how to become professionals and strong practitioners. Lawyers  should teach clients how to manage and avoid disputes, and draft and administer commercial transactions. Lawyers should continually strive to learn and expand knowledge of their practice area, so as to better teach clients and the public. Teaching is perhaps the most important role lawyers should follow - but very few do!  Perhaps, all lawyers should ask themselves, “so what do lawyers do anyways”?