What Does a Lawyer Do? Legal Functions and Responsibilities in the United States

In the United States, lawyers are key professionals in the legal system, responsible for representing their clients in a wide variety of cases. Whether you need legal assistance to resolve a dispute, defend your rights in court, or advise on a contract or agreement, a lawyer can help you navigate the complexities of U.S. law. In this article, we’ll explore in detail what a lawyer does, their main functions, and how they can benefit you in various legal situations.

Who is a Lawyer in the United States?

A lawyer is a licensed professional qualified to practice law in the United States. Becoming a lawyer involves a rigorous process, including obtaining a college degree, attending an accredited law school, and passing the bar exam in the state they plan to practice in. Once licensed, lawyers can specialize in a wide range of legal areas such as criminal, civil, family, corporate law, and more.

Requirements to Become a Lawyer in the United States

To become a lawyer in the United States, individuals must follow several steps:

1. Obtain a College Degree: The first step to becoming a lawyer is to obtain a college degree in any field of study.
2. Attend Law School: Next, they must attend a law school accredited by the American Bar Association (ABA), where students learn legal principles and professional ethics.
3. Pass the Bar Exam: After completing their studies, aspiring lawyers must pass the bar exam, which varies by state.
4. State License: After passing the exam, the lawyer receives a license to practice law in that specific state.

Each state has its specific requirements, but these are the fundamental steps to becoming a lawyer in the U.S.

Main Functions of a Lawyer in the United States

Lawyers perform various functions depending on their area of specialization. Below, we detail some of the most common tasks that lawyers undertake in the United States.

Legal Advice

One of the most important roles of a lawyer is providing legal advice. This involves helping clients understand their rights, applicable laws, and the best options available in their specific situation. Legal advice is crucial for those making important decisions, such as signing contracts, starting a business, or resolving legal disputes.

For example, a corporate lawyer might advise a company on how to structure an employment contract to avoid future litigation. Similarly, an immigration lawyer might advise a client on how to file a visa application to avoid legal complications.

Court Representation

Lawyers also act as legal representatives in court. Whether in civil, criminal, family, or commercial cases, lawyers are responsible for representing their clients in trials. This involves investigating the case, presenting evidence, cross-examining witnesses, and arguing on behalf of their client before a judge or jury.

Criminal defense attorneys, for example, defend individuals charged with crimes, while personal injury lawyers fight for compensation for clients who have been injured in accidents. A lawyer’s ability to argue effectively can be crucial to the outcome of a case.

Drafting Legal Documents

Another essential function of a lawyer is drafting and reviewing legal documents. Lawyers write contracts, wills, divorce agreements, non-disclosure agreements, and other critical legal documents. They also review these documents to ensure they are legally valid, that they do not contain harmful clauses, and that they adequately protect the interests of all parties involved.

A well-drafted contract can prevent future disputes, while a will drafted by a lawyer ensures that a person's wishes are fulfilled after their death.

Types of Lawyers and Their Specializations

Lawyers in the United States can specialize in different areas of law, each with its own challenges and requirements. Below, we explore some of the most common specializations.

Criminal Lawyer

Criminal lawyers specialize in defending individuals charged with crimes. Whether dealing with misdemeanor or felony charges, a criminal lawyer plays a crucial role in protecting the rights of their client and working to achieve the best possible outcome in the case. This may involve reducing charges, negotiating plea deals, or fully defending the client in court.

A criminal lawyer is essential if you face charges such as theft, assault, or driving under the influence (DUI).

Immigration Lawyer

Immigration lawyers specialize in assisting individuals with immigration-related matters. These lawyers help with obtaining visas, acquiring permanent residency, applying for citizenship, and defending against deportation.

In a country like the United States, where immigration laws are complex, an immigration lawyer is essential to ensure processes are handled correctly and to resolve any issues that may arise.

Family Lawyer

Family lawyers specialize in resolving conflicts within families. This includes cases such as divorce, child custody, adoptions, and more. A family lawyer helps clients navigate emotionally difficult situations, such as separation, while working to protect the rights and interests of all family members, especially children.

Personal Injury Lawyer

Personal injury lawyers represent individuals who have been injured due to the negligence of others. This could include car accidents, slip and falls, or injuries at the workplace. Personal injury lawyers fight for financial compensation for their clients to cover medical expenses, lost wages, and pain and suffering.

When Should You Hire a Lawyer?

There are various situations where it’s highly advisable to hire a lawyer to protect your rights and interests. Some of these situations include:

1. Criminal Cases: If you are facing criminal charges, it’s crucial to hire a criminal lawyer. An experienced lawyer can help you understand your legal options, fight for a lesser sentence, or even seek to have the case dismissed.
2. Business Disputes: If you have a business and are involved in a legal dispute with another company or a stakeholder, a business lawyer is essential. This type of lawyer can help you resolve conflicts efficiently, avoiding costly and prolonged litigation.
3. Immigration Issues: If you’re facing immigration problems, such as a visa application denial or a deportation proceeding, an immigration lawyer is vital. They can guide you through the process and ensure all necessary documents are filed correctly to maximize your chances of success.

How to Choose a Lawyer in the United States?

Choosing the right lawyer is crucial for ensuring a successful resolution of your case. Here are some tips:

1. Verify Their Specialization: Choose a lawyer with experience in the area of law that relates to your case. If you have an immigration issue, look for an immigration lawyer. If you’re dealing with a criminal case, you’ll need a criminal lawyer.
2. Check Reviews and References: It’s important to research the reputation of a lawyer before hiring them. You can look for online reviews or ask for references from people who have worked with that lawyer before.
3. Understand Their Fees: Before hiring a lawyer, make sure you understand their fees and how they charge. Some lawyers charge by the hour, while others work with flat fees or contingency fee agreements.