Two things
struck me this week regarding my profession. First, my son is trying to decide
what type of lawyer he wants to be when he graduates from law school next
spring. Second, while binge watching Better
Call Saul, I was struck by Saul’s attempt to label himself an Elder Law
Attorney simply by drafting a few wills.
Putting aside that a lawyer who drafts wills is considered a Trust and Estates
attorney, not an Elder Law attorney, I began to think about all the areas of
practice in which we, as lawyers, specialize which, in many ways, are unknown
to the public who think lawyers, know or should know, all areas of the law.
There are two
main branches of practice, commonly divided between trial attorneys and
transactional attorneys. Historically, and in actual practice in some
countries, the trial attorneys were known as barristers. These attorneys
present all cases in court at the direction of solicitors who handle the actual
day-to-day practice of law and who handle all client relations. In many cases,
the barrister receives the trial materials merely a day or two before the trial,
presenting the case prepared by the solicitor. Barristers were forbidden to meet
with clients or to even form partnerships with other barristers. However, many
barristers banded together in groups called chambers in which they could share
resources, office space and clerks.
In the United
Kingdom for example, barristers are still the most common trial attorneys
though the fusion of practice between barristers and certain solicitors is
continuing to expand in the United Kingdom. Barristers still wear horsehair wigs,
stiff collars, bands, and a gown when appearing in court in the United Kingdom.
In the United
States, the separation of barristers and solicitors has been eliminated and
anyone who is licensed as an attorney may appear in any state court in which
they are licensed. However, appearances in federal court still require an
application, and in some cases also require the taking of a test. In many
jurisdictions, including federal, admission to the appellate bar also requires
an application and in some cases an examination. Admissions to the Federal
Bankruptcy Bar requires both admission to the federal District Court for the
applicable bankruptcy court, and passage of an examination and a minimum of
continuing legal education credits. Admission to the United States Patent and Trademark
bar requires passage of a very difficult exam and a scientific or engineering
undergraduate degree.
Most lawyers
today have a jurist doctorate degree issued by one of the United States’ one-hundred
fifty plus accredited law schools. Many law schools also now offer certificates
to their students, which allows a student to “major” in a specific area of law
while in law school. These programs require the students to take a specific
coursework in their “major,” and also to take one or two additional classes
beyond the normal number required to graduate. Some programs also require
maintaining a minimum GPA in the specialized area. Upon graduation, the student
receives a separate certificate indicating the completion of the specialized
coursework program.
In addition, there
is also post-law school graduate work for further specialization. The most
common is the Masters in Law in Tax, commonly known as the LLM degree. Many tax
attorneys practicing today hold this graduate degree. Other LLM’s are available today including
LLMs in international, real estate, health or environmental law.
On
television, lawyers appear to handle a variety of legal matters including
criminal and civil, transactional and litigation. While there still are some
lawyers who handle a wide variety of cases, most lawyers specialize in a
limited area of law. In litigation, there are lawyers who specialize in
criminal cases, family law cases, commercial litigation, or civil litigation.
Transactional lawyers also specialize, including areas such as real estate, corporate,
intellectual property, licensing, sports law and other areas.
In Florida,
lawyers who specialize in a specific area may, after practicing five years,
stand for one of the many certification exams offered by the Florida Bar. These
exams, when passed, allow a lawyer to state that they are Board Certified in
that specific area. There are currently
twenty-six areas of law for which lawyers may become Board Certified. This list
continues to grow and includes both litigation and transactional areas of law.
Armed with
this knowledge, it makes it easier for you to properly select a lawyer to
represent you in whatever matter your legal needs require. Choosing the correct
lawyer is the first step to resolving your legal needs, and selecting someone
who is not qualified to handle your case can lead to poor representation and an
unhappy outcome.
Michael
J Posner, Esq., is a partner in Ward Damon a mid-sized real estate and business
oriented law firm with offices in Palm Beach County and a Board Certified Real
Estate Attorney who handles a variety of real estate matters throughout South
Florida. He can be reached at
561.594.1452, or at mjposner@warddamon.com
