A Lawyer is an individual who practices the Law; using their knowledge of the Law to advise, prosecute or defend clients. Beyond qualifications, there are several other characteristics that contribute to the role of the Lawyer. A degree of knowledge is key, but creativity also plays a significant role in writing defence briefs and structuring cases.
In order to become a Lawyer, a person must first qualify by passing a law degree and sitting a bar examination, there are several stages which a person must complete. It can take anywhere between five and seven years to complete these assessments to become a practitioner of Law in the UK. Some Lawyers establish their own firms in which they take on cases to build their professional careers. Lawyer is a blanket term which includes Barrister’s or Solicitors, Barristers defend a client in court while a Solicitor advises and usually refers the client to a Barrister for representation. A Paralegal is a member of the legal team who is not a qualified Lawyer but supports the team in building a case.
Knowledge is a valuable tool for a Lawyer to have however a degree of emotional understanding is also crucial. When handling any case regardless of its nature, it is important for a Lawyer to exercise a level of emotional understanding and comprehension. Whether faced with a trying case or a simple one – judgement is key when determining the resolution. Determining the outcome of a case may be challenging and a Lawyer needs to ensure they are thorough in their research prior to the trial or hearing.
There are several areas of Law which a Lawyer can practice: criminal, commercial, general, immigration, family, personal injury, and housing are just a few. Each area of Law has a few sub-categories associated with it which can become relevant to the nature of the case. It is important for a lawyer to have a full comprehension of each area associated with their chosen field of the Law. A Lawyer will need to be familiar with every detail of the Law to implement and choose specific points of interest for the case.
Some cases require a team; therefore, collaboration is important. A team of Lawyers and paralegals can dedicate and designate areas of a case to explore and unearth crucial evidence. Teamwork is key on bigger cases as it allows the firm to cover more ground in the evolving case. While a Barrister will usually defend the client in court, a team of legal advisors will investigate the case and assist in writing a convincing brief.
While the Law is a rigid set of rules, the role of the Lawyer is to understand and interpret these rules, applying them accordingly to the case. Each case is different and therefore a Lawyer must be flexible and able to improvise if something changes. While it takes time for a legal practitioner to read a case and establish connections – a case might change based on several variables therefore a Lawyer needs to be prepared and able to work under pressure. Perseverance when structuring and fulfilling a case is imperative as a case may change but the level of dedication must be upheld, especially if the deliberation takes a prolonged time.
A legal practitioner needs to utilise creative skills to create a persuasive case, confidence and conciseness are key when structuring a case. Key vocabulary and literary skills also contribute to a more convincing and immersive case brief. To construct a compelling case, the barrister must be assertive and able to listen. It is imperative to structure a case around the severity of the court it will be presented to. There are two types of case briefs, Trial and Appellate. Trial briefs are submitted shortly before or during a trial while an Appellate Brief is submitted to a court as an appeal outlining the opposition to an argument. Each serves a different purpose and therefore needs to be structured differently. When planning a brief, making a list of pros and cons can be a useful way to designate which points are stronger and should be emphasised for effect.
Some cases are sensitive and therefore require extra care to be taken when building a case as it may be quite traumatic for the client to relive the event that occurred but necessary that each detail is documented. Emotional capacity however should not deter the practitioner from maintaining an unbiased and professional stance in the case. Promises of success should never be made as the direction of a case can be unpredictable. While a Lawyer should be confident in their own ability, it is important to research and be fully prepared before going into a courtroom. A level of empathy is crucial as to understand the emotional issues relating to the case.
A barrister may choose to defend someone who they disagree with or someone who is accused of something abhorrent, but they must remain impartial and professional. Providing the best possible defence is important as the practitioners own beliefs and prejudices should not influence how they handle the case. A Lawyer must have a level of strength in character and certainty in what they say.
While a Lawyer has to reference the Law when constructing a case; they are creative in demonstrating their evidence. In order to write an effective brief, it should consist of three key points which communicate key areas of the case and demonstrate notable points of interest. Constructing an argument this way ensures it is concise and retains focus.
A legal professional plays a key role in maintaining justice in society. Taking what they learn through the course of their career and applying it to everyday society. After dealing with some of the worst of society, a Lawyer might approach everyday life differently. Some solicitors who handle infamous clients, write memoirs many years later about the case – Leo Samuel Goatley defended serial killer Rose West; decades later he released a book detailing the case. This demonstrates how some Lawyers become prolific because of the infamous clients they are associated with.
A legal professional must be calm under the pressure especially if the case is high profile and attracts media attention. The client may be a figure of public interest therefore it’s important that the Lawyer doesn’t divulge information around the case as it unfolds. Some high-profile cases can be compromised if the Lawyer shares damaging information to the media during the case. Some cases may be disturbing in content particularly Criminal cases dealing with Extreme Violence and Murder- therefore a legal professional need to be aware of the field of Law they are specialising in before deciding to pursue it.
Overall, a Lawyer is defined by many characteristics beyond the qualifications required to qualify as a legal practitioner. Yet whether handling criminal cases or minor disputes; A legal representative must be thorough in constructing their brief as it will make for a more compelling case. Whether addressing a board of officials or a jury in a crown court, a legal professional will need to maintain calm and professionally. Emotional qualities play a key role in the personality of a Lawyer. There are many layers to be considered when analysing what makes a Lawyer. Lawyers Arts Club welcomes all lawyers and legal professionals, especially those who appreciate and aim to develop their creative instincts.
Article by Dana Archer
Artwork titled Revoke taken from the Legal Cartoon series by Harri Hampson
Available to buy here:
https://lawyersartsclub.com/products/revoke-legal-cartoons-limited-edition