There are so many young people who dream of defending lost causes, because it is exciting and ambitious. In this register, this article takes you through the professional world of lawyers, so that you can better understand their role in society.
The lawyer: who is he?
The lawyer is a jurist, auxiliary of justice. He is a legal professional contributing to the missions and the proper functioning of justice.
It should be noted that the lawyer acts in complete independence vis-à-vis any hierarchical power, except in the case of a salaried lawyer who must answer for his employer.
The lawyer and time
The first adversary of this legal specialist is time. Indeed, the mores, the practices of previous years are not always the same over the years. He must therefore constantly readjust himself in order to hold his torch higher. Moreover, in case of case law, he is able to interpret the law that comes closest to winning his client's case.
What are his daily tasks?
In a regal way, you all know that he defends the interests of his clients, but in a specific way, you must note:
- He is the intermediary between the administration and you : based on this consideration, he is required to notify you of all decisions. He represents you at hearings.
- He builds your case : whether you are a victim or a complainant, it does not change his work. He must write his argument.
- He executes the resolutions of justice : seizure of goods, sale of effects or condemnation, he is responsible for the effectiveness of all these procedures.
The duties of the lawyer are multiple:
He is present for informer, and to advise, about any matter relating to the law. It then makes it possible to guide the client, to enlighten him, even before any dispute. So it can have a preventive role.
Furthermore, he must inform his client of the chances of success of the case. Due to his continuous training to which he is required throughout his career, the lawyer remains informed on legal news, more particularly that relating to his favorite fields.
It can also help, advise writing, and even writing for you different legal acts (a transaction, a commercial lease, company statutes, etc.) He can countersign a contract, which allows you to have a document verified and validated by a legal professional. Your lawyer has a professional responsibility towards you. If, for example, he commits a fault (e.g. failure to respect the deadlines for acting, if he has not implemented all the means to ensure the effectiveness of an act, if he does not inform you not on the remedies, etc.), and that this has caused you harm (loss of chance of winning the trial, you have lost rights because of the drafting of an act, etc.) you can initiate this liability for the purpose of obtaining damages, to repair the harm you have suffered.
Furthermore, the lawyer is the only one to to be able to represent his client in court to defend its interests, and plead for him. In this case, he acts on behalf of the litigant, throughout the trial. He will advise you from the beginning of it on the strategy to put in place to deal with your problem: the other lawyers do not have this power of advice, they can only give legal advice.
Thus, the lawyer, unlike the in-house lawyer, is bound by the obligation of confidentiality, and may be held liable in the event of bad advice. He then certifies with more force an act in which he participated. He has the power to represent you in court, and carry out the formalities on your behalf. It therefore has a real power of assistance and representation in legal proceedings.
How to find the best lawyer?
The more you have a good lawyer, the more you can be certain of benefiting from quality advice and support. Today, in order to consolidate their profession, they have grouped themselves into a bar. In this organization, you will be able to have at your fingertips the names and skills of everyone. In addition, you will have easy access to their curriculum vitae to appreciate their services.
As a general rule, to find a competent lawyer before the jurisdiction in question, the bar association draws up a directory of professionals in its department, their specialties being able to be displayed. The Bar is the professional order of lawyers, to which every lawyer must belong.
A national directory exists on the site of the National Bar Council: this directory lists the lawyers of France, according to their city, their specializations, and the languages spoken. You can also ask the regional court for the official list of lawyers who can advise and represent you in your city.
What the lawyer is not
Do not confuse the roles:
- The lawyer is not required to give you your case : he pleads in your favor, but he is not responsible for the judge's sentence.
- He is not an expert in all areas : a true specialist is confined to a specific sector. For example, he may specialize in criminal and penal law. If you come across someone who tells you they have skills in all sectors, be careful.
A lawyer is decisive whether you are in conflict or not. Thanks to his recommendations, he can get you out of very complex situations. In addition, it helps you to avoid inconvenience with those around you.