Lawyering involves not only courtroom appearances but also extensive research and analysis as well as possessing great communication and writing skills needed for drafting legal documents and making oral arguments.
Lawyers may work for large law firms; corporations; small businesses; or governmental agencies. Alternatively, they can also establish their own private practice.
Representation
Lawyers represent their clients in court and other legal proceedings by explaining their client’s rights, responsibilities and options; arguing legal points; and providing evidence. Lawyers also negotiate settlements or agreements outside court to resolve legal disputes. Furthermore, lawyers also prepare legal documents like contracts, agreements, pleadings briefs and opinions as part of this service; those working for corporations may additionally draft, research and provide counsel regarding various business issues.
Representing the government requires attorneys who specialize in prosecuting, public defenders or assistant prosecutors and administrative, executive or legislative staff lawyers to act on its behalf. Government lawyers work at local, state and federal levels of government defending criminal cases as well as defending citizens accused of crimes.
Negotiation
Negotiation is the practice of discussing and reaching an agreement on an issue before litigation becomes necessary. Lawyers use their skills in negotiation to help clients avoid or minimize conflict.
At the forefront of every negotiation is clarifying client wants and needs; with the goal being finding solutions which benefit both sides – a phenomenon commonly referred to as a win-win outcome.
Lawyers employ various negotiating techniques when representing their clients, such as bluffing, using threats or engaging in psychological pressure tactics. While these may prove effective short-term, they pose risks both to themselves and society at large.
Other strategies include using the ‘chicken tactic’, which involves using threats of extreme measures to force an opponent to give in and give something they want up, while “bogey tactics”, in which minor issues are played up for greater impact, are also commonplace.
Research
As part of their job responsibilities, lawyers conduct legal research and analysis using various resources in order to support their cases or advise clients on various aspects of law. This involves studying court opinions, statutes, regulations, and other legal materials for applicable precedents in specific situations or cases.
Based on their jurisdiction, some lawyers also prepare and draft legal documents such as contracts, agreements, pleadings, briefs, and legal opinions. This may require revising existing documents or creating new ones from scratch depending on circumstances.
Legal professionals face many career obstacles in their line of work, from demanding workloads and contentious legal disputes to sensitive client matters that take an emotional toll – which may lead to burnout and mental health problems.