The lawyer is an assistant of justice, who requires a university qualification for his / her practice, and in general of compulsory membership (that is, to be registered in an organization called the College, which regulates the activity) whose function is the legal advice of his clients.
and the judicial representation of them in the event of litigation, which may be exercised by a sponsor, signing with his client, or as proxy where he directly substitutes the client in the defense, for having a mandate from him.
The lawyer advises, investigates the case, tries to obtain the greatest benefits for his client, based on current law, trying to provide as much evidence in defense of his client, and resorting also in support of his arguments to expert opinions , sitting in books of Law (doctrine) or previous judgments of the courts in similar cases (jurisprudence)
Certain lawyers choose to belong to the judicial power, which is that power of the State that interprets and applies the laws in the concrete cases submitted to its decision.
The highest judicial office with the ability to dictate sentence is held by judges. The lawyers, members of the Judicial Power, can not exercise the defense of private clients, because they could not be both judges and have interests in the conflicts raised.
The term lawyer comes from the Latin “advocatus”, which means “he who is called to help”. In ancient Rome the lawyers or “advocatus”, also called “iurisperiti” (legal experts), “togati” (togados) or “oratores” (orators) were technical legal assistants of the parties, chosen for their good oratory, to speak on behalf of its defendants.
At first they did not enjoy obligatory retribution for their performance, but it was common that they were offered gifts or honorarium (volunrarium) on a voluntary basis, such as food, slaves, jewelry, and so on.
The fees were forbidden in the year 204 a. C, considering that they constituted a payment in an essentially free job. This prohibition arose through the law Cincia de Muneribus.
Only in the time of Emperor Claudius, who ruled between years 41 and 54, was allowed the collection of fees, with a maximum limit, but without allowing the pact of quota litis, or a percentage of the result of the litigation. During the reign of Emperor Nero, Claudius’s successor, the fees became obligatory.
At the time of Justinian, the first Colleges grouped the lawyers appeared, and only the members could litigate before the superior courts, and enjoying certain privileges, not having to perform personal benefits, and in many cases, neither economic.
Lawyers work in two different ways: they offer specialized advice on complex legal issues and represent people in court.
Lawyers are experts in the art of defense, that is, in the presentation of a case before the court, in a court or in a public body.
They also offer expert advice on all aspects of the law. Lawyers can comment on a wide range of legal problems that do not involve judicial processes.
Most lawyers are independent or self-employed, and their income comes from the fees they earn. They share offices (or chambers) with other lawyers, so that all contribute to the cost of rent, work as a team and collaborate with each other.
Some self-employed lawyers work from home (which is technically also called a camera) and are known as independent professionals.
Most independent lawyers receive an allegation from another lawyer or notary, although currently they can also accept cases directly from the client.
The lawyers devote a lot of time to the preparation of court cases. In civil law cases, the lawyer prepares the allegations, which are very important for the case.