Un abogado o letrado es un jurista profesional que cuenta con una autorización estatal para ejercer o practicar el derecho. Un abogado ofrece asesoramiento y consejo jurídico, utilizando sus conocimientos para dirigir la defensa técnico-jurídica de una parte en toda clase de procesos y conflictos.1
La profesión del abogado tiene su origen en los oradores de Grecia y Roma. Gradualmente, el enfoque de la profesión fue cambiando gradualmente de la retórica al derecho. Históricamente, la mayoría de abogados europeos gozaban del título «Doctor» o «Maestro»; hoy en día, se evita por lo general el uso de títulos honoríficos salvo en actos formales. La mayoría de países exigen estudios universitarios en Derecho y estar formalmente incorporado a un colegio de abogados. La abogacía es una profesión libre e independiente: ni los poderes públicos ni los particulares puedan presionar al abogado, que a su vez tiene la obligación de defender su libertad e independencia frente a estas presiones. La confianza que el cliente deposita en el abogado también le obliga a guardar discreción y secreto profesional de las informaciones que obtenga.
A lawyer is a person who is qualified to offer advice about the law, draft legal documents, or represent individuals in legal matters.
The exact nature of a lawyer's work varies depending on the legal jurisdiction and the legal system, as well as the lawyer's area of practice. In many jurisdictions, the legal profession is divided into various branches — including barristers, solicitors, conveyancers, notaries, canon lawyer — who perform different tasks related to the law.[1]
Historically, the role of lawyers can be traced back to ancient civilizations such as Greece and Rome. In modern times, the practice of law includes activities such as representing clients in criminal or civil court, advising on business transactions, protecting intellectual property, and ensuring compliance with laws and regulations.
Depending on the country, the education required to become a lawyer can range from completing an undergraduate law degree to undergoing postgraduate education and professional training. In many jurisdictions, passing a bar examination is also necessary before one can practice law.
Working as a lawyer generally involves the practical application of abstract legal theories and knowledge to solve specific problems. Some lawyers also work primarily in upholding the rule of law, human rights, and the interests of the legal profession.
Some jurisdictions have multiple types of lawyers, while others only have two or one.
England, the mother of the common law jurisdictions, emerged from the Middle Ages with a complexity in its legal professions similar to that of civil law jurisdictions, but then evolved by the 19th century to a single division between barristers and solicitors.[4][5]
Several countries that originally had two or more legal professions have since fused or united their professions into a single type of lawyer.[6][7][8][9] Most countries in this category are common law countries, though France, a civil law country, merged its jurists in 1990 and 1991 in response to Anglo-American competition.[10] In countries with fused professions, a lawyer is usually permitted to carry out all or nearly all the responsibilities listed below.
In some jurisdictions descended from the English common law tradition, including England and Wales, there are often two kinds of lawyers. A barrister (also known as an advocate or counselor) is a lawyer who typically specializes in arguing before courts, particularly in higher courts. A solicitor (or attorney) is a lawyer who prepares cases and gives advice on legal subjects. In some jurisdictions, solicitors also represent people in court. Fused professions, where lawyers have rights of both barristers and solicitors, have emerged in other former English common law jurisdictions, such as the United States, India, and Pakistan.[11][12]
Civil law jurisdictions do not have "lawyers" in the American sense, insofar as that term is used in American English to refer to a single unified type of general-purpose legal services provider.[13] Rather, their legal professions consist of a large number of different kinds of legally-trained persons, known as jurists, some of whom are advocates who are licensed to practice in the courts.[14][15][16] In some civil law countries, a similar distinction to the common law tradition exists between advocates and procurators.[17][18][19]
In the United States, Sri Lanka, and the Philippines, the preferred term for one practising law, "attorney at law", or "attorney-at-law", usually is abbreviated in everyday speech to "attorney". This term has its roots in the verb to attorn, meaning to transfer one's rights and obligations to another. South Africa only applies this term for certain practitioners.
Because each country has traditionally had its own method of dividing up legal work among its legal professionals, it has been difficult to formulate accurate generalizations that cover all the countries with multiple legal professions.[20] Other kinds of legal practitioners include.
