Lawyer

:For information on the type of fish called Lawyer, see the article on Burbot.

Civil Law Jurisdictions

As European's law systems are based on continental civil law, the situation in many European countries is quite different from common law countries.

Related Topics:
Continental civil law - European - Common law

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In Continental Europe any person who possesses a degree in law is called "lawyer" (or a jurist).

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Such lawyers can 'practice' law as employees hired by law firms or legal departments of other business entities. However, being a lawyer does not necessarily mean that one has the privileges usually attributed to "attorney" or "solicitor" in the United States or Canada. Due to such dualism, in Europe there are two classes of lawyers, the jurists and what is many places known as advocates.

Related Topics:
Attorney - Solicitor - United States - Canada - Jurist - Advocate

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Germany

A lawyer (jurist) has to pass two state exams, and may chose to become an advocate (Rechtsanwalt).

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Poland

: Main article see Lawyers in Poland

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In Poland any person who possesses a master's degree in law is called "lawyer" (prawnik). A new law of June 30 2005 essentially made lawyer's profession more open that it was before. Previously it was almost impossible to became a lawyer without support from family already in the profession.

Related Topics:
Master's degree - June 30 - 2005

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Romania

In Romania, law school graduates have to pass an initial admittance exam to the Romanian Bar Association. This exam gives the succesful candidate the status of a trainee lawyer and a member of the Bar Association for two years. After traineeship, the lawyer has to pass a second set of exams to become a full member of the Bar Association and form a Law Office on his or her own as well as other forms such as a limited liability partnerships or a lawyers' professional corporation. Romanian Bar Association require any graduate who wishes to enter the profession to secure the written support of an experienced lawyer for the traineeship period. Throughout this period, known in the Americas as the "articles of clerkship", the trainee lawyer is mentored by an experienced lawyer of good standing. Due to the high number of law school graduates, securing an articling position is increasingly difficult to obtain in Romania, as well as in other civil-law or common-law jurisdictions.

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The term "lawyer" in this context refers to the attorney at law, an individual exercising the liberal and free profession in the service of his or her clients. For the general terminology of all law school graduates, the correct word would be "jurist"

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Quebec

In Quebec, which has a civil law system, there are two distinct legal professions: the 'avocat' and the 'notaire' (or civil law notary). Both professions require a law degree for entry. A 'notaire' is not to be confused with a notary public elsewhere in the U.S. and Canada. The two professions in Quebec have exclusive areas and overlapping areas of jurisdiction. The 'avocat' has exclusive jurisdiction to plead in court and to do all pre-trial matters. The 'notaire' has exclusive jurisdiction for the preparation and witnessing of notarial 'acts' such as mortgages, notarial-form marriage contracts, and notarial wills. Other than that, the two professions' jurisdictions generally overlap for non-litigious transactions: however, residential property purchase transactions and the preparation of marriage contracts are generally done by 'notaires', whereas transactions (whether litigious or not) in the fields of family law, corporate/commercial law and commercial real estate law are generally done by 'avocats'. Wills can be done by either a notary or an 'avocat'; however, the wills done by notaries are generally done as notarial 'acts' which, unlike wills prepared by 'avocats', do not need to be probated following the testator's death; this encourages clients to consult notaries in preference over 'avocats' for the preparation of wills.

Related Topics:
Quebec - Civil law - Civil law notary - Notarial 'acts'

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All the mega law firms in Montreal and Quebec City are firms of 'avocats' and, in English, they identify themselves as 'Lawyers' or 'Attorneys'. In English, 'notaires' typically identify themselves as Notaries, but pursuant to Quebec law, they could also use the confusing description 'Title Attorney'. Notaries sometimes identify themselves as "Notaire and Conseiller Juridique" (i.e., Notary and Legal Advisor), to highlight that they take work in fields of law practice that overlap with those of 'avocats'.

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