ATTORNEY
A person admitted to practice law in at least one
jurisdiction and authorized to perform criminal
and civil legal functions on behalf of clients. These
functions include providing legal counsel, drafting
legal documents, and representing clients before
courts, administrative agencies, and other tri-
bunals.
Unless a contrary meaning is plainly indi-
cated this term is synonymous with “attorney at
law,” “lawyer,” or “counselor at law.”
In order to become an attorney, a person
must obtain a Juris Doctor degree from an
accredited law school, although this require-
ment may vary in some states. Attendance at law
school usually entails three years of full-time
study, or four years of study in evening classes,
where available. A bachelor’s degree is generally
a prerequisite to admission to law school.
With few exceptions, a person must pass the
bar examination of that state in order to be
admitted to practice law there. After passing a
bar examination and practicing law for a speci-
fied period, a person may be admitted to the
bars of other states, pursuant to their own court
rules.
Although an attorney might be required by law to render some services PRO BONO (free of charge), the individual is ordinarily entitled to
compensation for the reasonable value of services
performed. He or she has a right, called an
attorney’s lien, to retain the property or money
of a client until payment has been received for
all services. An attorney must generally obtain
court permission to discontinue representation
of a client during the course of a trial or criminal
proceedings.
Certain discourse between attorney and
client is protected by the ATTORNEY-CLIENT
PRIVILEGE. In the law of evidence, the client can
refuse to divulge and prohibit anyone else from
disclosing confidential communications transmitted
to and from the attorney. Notwithstanding,
attorneys are permitted to make general
(non-privileged) pre-trial statements to the
press if there is a “reasonable likelihood” that the
statements will not interfere with a fair trial or
otherwise prejudice the due administration of
justice (In re Morrissey, 168 F.3d 134 [4th Cir.
1999]).
CROSS-REFERENCES
Attorney-Client Privilege; Attorney Misconduct; Continuing
Legal Education; Legal Education; Legal Representation;
Right to Counsel.
