Michael F Archer

Lawyers advise and represent individuals, businesses, or government agencies on legal issues or disputes. 

Lawyers typically do the following:

• Advise and represent clients in courts, before government agencies, or in private legal matters
• Communicate with their clients and others
• Conduct research and analysis of legal problems
• Interpret laws, rulings, and regulations for individuals and businesses
• Present facts in writing or verbally to their clients or others and argue on their behalf
• Prepare and file legal documents, such as lawsuits, appeals, wills, contracts, and deeds

Lawyers, also called attorneys, act as both advocates and advisors.

As advocates, they represent one of the parties in criminal and civil trials by presenting evidence and arguing in court to support their client.

As advisors, lawyers counsel their clients about their legal rights and obligations and suggest courses of action in business and personal matters. All attorneys research the intent of laws and judicial decisions and apply the laws to the specific circumstances that their clients face. 

To prepare for cases more efficiently, lawyers increasingly use the Internet, online legal databases, and virtual law libraries. Lawyers also often oversee the work of support staff, such as paralegals and legal assistants. For more information about legal support staff, see the profile on paralegals and legal assistants.

Lawyers may have different titles and different duties, depending on where they work.

Criminal law attorneys are also known as prosecutors or defense attorneys. Prosecutors work for the government to file a lawsuit, or charge, against an individual or corporation accused of violating the law.

Defense attorneys work for either individuals or the government (as public defenders) to represent, or defend, the accused.

Government counsels commonly work in government agencies. They write and interpret laws and regulations and set up procedures to enforce them. Government counsels also write legal reviews on agencies' decisions. They argue civil and criminal cases on behalf of the government.

Corporate counsels, also called in-house counsels, are lawyers who work for corporations. They advise a corporation's executives about legal issues related to the corporation's business activities. These issues might involve patents, government regulations, contracts with other companies, property interests, taxes, or collective-bargaining agreements with unions.

Legal aid lawyers work for private, nonprofit organizations for disadvantaged people. They generally handle civil cases, such as those about leases, job discrimination, and wage disputes, rather than criminal cases.

Lawyers often specialize in a particular area. The following are some examples of types of lawyers:

Environmental lawyers deal with issues and regulations that are related to the environment. They might represent advocacy groups, waste disposal companies, or government agencies to make sure they comply with the relevant laws.

Tax lawyers handle a variety of tax-related issues for individuals and corporations. Tax lawyers may help clients navigate complex tax regulations so that they pay the appropriate tax on income, profits, property, and so on. For example, they might advise a corporation on how much tax it needs to pay from profits made in different states to comply with the Internal Revenue Service's (IRS) rules.

Intellectual property lawyers deal with the laws related to inventions, patents, trademarks, and creative works such as music, books, and movies. An intellectual property lawyer might advise a client about whether it is okay to use published material in the client's forthcoming book.

Family lawyers handle a variety of legal issues that pertain to the family. They may advise clients regarding divorce, child custody, and adoption proceedings.

Securities lawyers work on legal issues arising from the buying and sell of stocks, ensuring that all disclosure requirements are met. They may advise corporations that are interested in listing in the stock exchange through an initial public offering (IPO) or buying shares in another corporation.

Litigation lawyers handle all lawsuits and disputes between parties. These could be contract disputes, personal injury disputes, or real estate and property disputes. Litigation lawyers may specialize in a certain area, such as personal injury law, or may be a general lawyer for all types of disputes and lawsuits.

Some attorneys become teachers in law schools. For more information on law school professors, see the profile on postsecondary teachers.

Judges, mediators, and hearing officers apply the law to court cases and oversee the legal process in courts. They also resolve administrative disputes and facilitate negotiations between opposing parties.

Judges, mediators, and hearing officers typically do the following:

• Research legal issues
• Read and evaluate information from documents such as motions, claim applications, or records
• Preside over hearings and listen to or read arguments by opposing parties
• Determine if the information presented supports the charge, claim, or dispute
• Decide if the procedure is being conducted according to the rules and law
• Analyze, research, and apply laws, regulations, or precedents to reach judgments, conclusions, or agreements
• Write opinions, decisions, or instructions regarding the case, claim, or dispute

Judges commonly preside over trials or hearings of cases regarding nearly every aspect of society, from individual traffic offenses to issues concerning the rights of large corporations. Judges listen to arguments and determine whether the evidence presented deserves a trial. In criminal cases, judges may decide that people charged with crimes should be held in jail until the trial, or they may set conditions for their release. They also approve search and arrest warrants.

Judges interpret the law to determine how a trial will proceed, which is particularly important when unusual circumstances arise for which standard procedures have not been established. They ensure that hearings and trials are conducted fairly and the legal rights of all involved parties are protected.

In trials in which juries are selected to decide the case, judges instruct jurors on applicable laws and direct them to consider the facts from the evidence. For other trials, judges decide the case. A judge who determines guilt in criminal cases may impose a sentence or penalty on the guilty party. In civil cases, the judge may award relief, such as compensation for damages, to the parties who win the lawsuit.

Some judges, such as appellate court judges, review decisions and records made by lower courts, and make decisions based on lawyers' written and oral arguments.

Judges use various forms of technology, such as electronic databases and software, to manage cases and prepare for trials. In some cases, a judge also may manage the court's administrative and clerical staff.

The following are examples of types of judges, mediators, and hearing officers:

Judges, magistrate judges, and magistrates preside over trials or hearings. They typically work in local, state, and federal courts.

In local and state court systems, they have a variety of titles, such as municipal court judge, county court judge, magistrate, and justice of the peace. Traffic violations, misdemeanors, small-claims cases, and pretrial hearings make up the bulk of these judges' work.

In federal and state court systems, general trial court judges have authority over any case in their system. Appellate court judges rule on a small number of cases by reviewing decisions of the lower courts and lawyers' written and oral arguments.

Hearing officers, also known as administrative law judges or adjudicators, usually work for government agencies. They decide many issues, such as if a person is eligible for workers' compensation benefits, or if employment discrimination occurred.

Arbitrators, mediators, or conciliators help opposing parties settle disputes outside of court. They hold private, confidential hearings, which are less formal than a court trial.  

Arbitrators are usually attorneys or business people with expertise in a particular field. They hear and decide disputes between opposing parties as an impartial third party. When arbitration is required, if one side is not happy with the decision, they can still take the matter to court. Arbitration may also be voluntary, in which the opposing sides agree that whatever the arbitrator decides will be a final, binding decision.

Mediators are neutral parties who help people resolve their disputes. Mediators suggest solutions, but they do not make binding decisions. If the opposing sides cannot reach a settlement with the mediator's help, they are free to pursue other options.

Conciliators are similar to mediators. Their role is to help guide opposing sides to a settlement. The opposing sides must decide in advance if they will be bound by the conciliator's recommendations.

Tax examiners and collectors, and revenue agents ensure that governments get their tax money from businesses and citizens. They review tax returns, conduct audits, identify taxes owed, and collect overdue tax payments.

Tax examiners and collectors, and revenue agents typically do the following:

• Review filed tax returns to determine whether tax credits and deductions claimed are allowed by law
• Contact taxpayers by mail or telephone to address problems and to request supporting documentation
• Conduct field audits and investigations of income tax returns to verify information or to update tax liabilities
• Evaluate financial information, using their familiarity with accounting procedures and knowledge of changes to tax laws and regulations
• Keep records on each case they deal with, including contacts, telephone numbers, and actions taken
• Notify taxpayers of any overpayment or underpayment, and either issue a refund or request further payment

Tax examiners and collectors, and revenue agents are responsible for ensuring that individuals and businesses pay the taxes they owe. They ensure that tax returns are filed properly, and they follow up with taxpayers whose returns are questionable or who owe more than they have paid.

Different levels of government collect different types of taxes. The federal government deals primarily with personal and business income taxes. State governments collect income and sales taxes. Local governments collect sales and property taxes.

Because many states assess individual income taxes based on the taxpayer's reported federal adjusted gross income, tax examiners working for the federal government report to the states any adjustments or corrections they make. State tax examiners then determine whether the adjustments affect how much the taxpayer owes the state.

Tax examiners, collectors, and revenue agents have different duties and responsibilities:

Tax examiners usually deal with the simplest tax returns--those filed by individual taxpayers with few deductions and those filed by small businesses. At the entry level, many tax examiners do clerical tasks, such as reviewing tax returns and entering them into a computer system for processing. If there is a problem, tax examiners may contact the taxpayer to try to resolve it.

Much of a tax examiner's job involves making sure that tax credits and deductions claimed by taxpayers are lawful. If a taxpayer owes additional taxes, tax examiners adjust the total amount by assessing fees, interest, and penalties and then notify the taxpayer of the total amount owed.

Revenue agents specialize in tax-related accounting for the U.S. Internal Revenue Service (IRS) and for equivalent agencies in state and local governments. Like tax examiners, they review returns for accuracy. However, revenue agents handle complicated tax returns of businesses and large corporations.

Many experienced revenue agents specialize in specific areas. For example, they may focus exclusively on multinational businesses. Regardless of their specialty, revenue agents must keep up to date with changes in the lengthy and complex tax laws and regulations.

Collectors, also called revenue officers in the IRS, deal with overdue accounts. The process of collecting an overdue payment starts with the revenue agent or tax examiner sending a report to the taxpayer. If the taxpayer makes no effort to pay, the case is assigned to a collector.

When a collector takes a case, he or she first sends the taxpayer a notice. The collector then works with the taxpayer to settle the debt. Settlement may involve setting up a plan in which the amount owed is paid back in small amounts over time.

Collectors verify assertions that delinquent taxpayers cannot pay their taxes. They investigate these claims by researching information on mortgages or financial statements and by locating items of value through third parties, such as neighbors or local departments of motor vehicles. Ultimately, collectors must decide whether the IRS should take a lien--a claim on an asset such as a bank account, real estate, or an automobile--to settle a debt. Collectors also have the authority to garnish wages--that is, take a portion of earned wages--to collect taxes owed.

Bill and account collectors, sometimes called collectors, try to recover payment on overdue bills. They negotiate repayment plans with debtors and help them find solutions to make paying their overdue bills easier.

Bill and account collectors typically do the following:

• Find consumers and businesses who have overdue bills
• Track down consumers who have an out-of-date address by using the Internet, post office, credit bureaus, or neighbors, a process called “skip tracing”
• Inform debtors that they have an overdue bill and try to negotiate a payment
• Go over the terms of sale or contract with the debtor, when necessary
• Learn the reasons for the overdue bills, which can help with the negotiations
• Offer credit advice or refer a consumer to a debt counselor, when appropriate

Bill and account collectors generally contact debtors by phone, although sometimes they do so by mail. They use computer systems to update contact information and record past collection attempts with a particular debtor. Keeping these records can help collectors with future negotiations.

The main job of bill and account collectors is finding a solution that is acceptable to the debtor and maximizes payment to the creditor. Listening to the debtor and paying attention to his or her concerns can help the collector negotiate a solution.

After the collector and debtor agree on a repayment plan, the collector continually checks to ensure that the debtor pays on time. If the debtor does not pay, the collector submits a statement to the creditor, who can take legal action. In extreme cases, this legal action may include taking back goods or disconnecting service.

Collectors must follow federal and state laws that govern debt collection. These laws require that a collector make sure they are talking with the debtor before announcing that the purpose of the call is to collect a debt. A collector also must give a statement, called “mini-Miranda,” which informs the account holder that they are speaking with a bill or debt collector.

Although many collectors work for third-party collection agencies, some work in-house for the original creditor, such as a credit-card company or a health care provider. The day-to-day activities of in-house collectors are generally the same as those of other collectors.

Collectors usually have goals they are expected to meet. Typically, these include calls per hour and success rates.

Judges, mediators, and hearing officers apply the law to court cases and oversee the legal process in courts. They also resolve administrative disputes and facilitate negotiations between opposing parties.

Judges, mediators, and hearing officers typically do the following:

• Research legal issues
• Read and evaluate information from documents such as motions, claim applications, or records
• Preside over hearings and listen to or read arguments by opposing parties
• Determine if the information presented supports the charge, claim, or dispute
• Decide if the procedure is being conducted according to the rules and law
• Analyze, research, and apply laws, regulations, or precedents to reach judgments, conclusions, or agreements
• Write opinions, decisions, or instructions regarding the case, claim, or dispute

Judges commonly preside over trials or hearings of cases regarding nearly every aspect of society, from individual traffic offenses to issues concerning the rights of large corporations. Judges listen to arguments and determine whether the evidence presented deserves a trial. In criminal cases, judges may decide that people charged with crimes should be held in jail until the trial, or they may set conditions for their release. They also approve search and arrest warrants.

Judges interpret the law to determine how a trial will proceed, which is particularly important when unusual circumstances arise for which standard procedures have not been established. They ensure that hearings and trials are conducted fairly and the legal rights of all involved parties are protected.

In trials in which juries are selected to decide the case, judges instruct jurors on applicable laws and direct them to consider the facts from the evidence. For other trials, judges decide the case. A judge who determines guilt in criminal cases may impose a sentence or penalty on the guilty party. In civil cases, the judge may award relief, such as compensation for damages, to the parties who win the lawsuit.

Some judges, such as appellate court judges, review decisions and records made by lower courts, and make decisions based on lawyers' written and oral arguments.

Judges use various forms of technology, such as electronic databases and software, to manage cases and prepare for trials. In some cases, a judge also may manage the court's administrative and clerical staff.

The following are examples of types of judges, mediators, and hearing officers:

Judges, magistrate judges, and magistrates preside over trials or hearings. They typically work in local, state, and federal courts.

In local and state court systems, they have a variety of titles, such as municipal court judge, county court judge, magistrate, and justice of the peace. Traffic violations, misdemeanors, small-claims cases, and pretrial hearings make up the bulk of these judges' work.

In federal and state court systems, general trial court judges have authority over any case in their system. Appellate court judges rule on a small number of cases by reviewing decisions of the lower courts and lawyers' written and oral arguments.

Hearing officers, also known as administrative law judges or adjudicators, usually work for government agencies. They decide many issues, such as if a person is eligible for workers' compensation benefits, or if employment discrimination occurred.

Arbitrators, mediators, or conciliators help opposing parties settle disputes outside of court. They hold private, confidential hearings, which are less formal than a court trial.  

Arbitrators are usually attorneys or business people with expertise in a particular field. They hear and decide disputes between opposing parties as an impartial third party. When arbitration is required, if one side is not happy with the decision, they can still take the matter to court. Arbitration may also be voluntary, in which the opposing sides agree that whatever the arbitrator decides will be a final, binding decision.

Mediators are neutral parties who help people resolve their disputes. Mediators suggest solutions, but they do not make binding decisions. If the opposing sides cannot reach a settlement with the mediator's help, they are free to pursue other options.

Conciliators are similar to mediators. Their role is to help guide opposing sides to a settlement. The opposing sides must decide in advance if they will be bound by the conciliator's recommendations.

Lawyers advise and represent individuals, businesses, or government agencies on legal issues or disputes. 

Lawyers typically do the following:

• Advise and represent clients in courts, before government agencies, or in private legal matters
• Communicate with their clients and others
• Conduct research and analysis of legal problems
• Interpret laws, rulings, and regulations for individuals and businesses
• Present facts in writing or verbally to their clients or others and argue on their behalf
• Prepare and file legal documents, such as lawsuits, appeals, wills, contracts, and deeds

Lawyers, also called attorneys, act as both advocates and advisors.

As advocates, they represent one of the parties in criminal and civil trials by presenting evidence and arguing in court to support their client.

As advisors, lawyers counsel their clients about their legal rights and obligations and suggest courses of action in business and personal matters. All attorneys research the intent of laws and judicial decisions and apply the laws to the specific circumstances that their clients face. 

To prepare for cases more efficiently, lawyers increasingly use the Internet, online legal databases, and virtual law libraries. Lawyers also often oversee the work of support staff, such as paralegals and legal assistants. For more information about legal support staff, see the profile on paralegals and legal assistants.

Lawyers may have different titles and different duties, depending on where they work.

Criminal law attorneys are also known as prosecutors or defense attorneys. Prosecutors work for the government to file a lawsuit, or charge, against an individual or corporation accused of violating the law.

Defense attorneys work for either individuals or the government (as public defenders) to represent, or defend, the accused.

Government counsels commonly work in government agencies. They write and interpret laws and regulations and set up procedures to enforce them. Government counsels also write legal reviews on agencies' decisions. They argue civil and criminal cases on behalf of the government.

Corporate counsels, also called in-house counsels, are lawyers who work for corporations. They advise a corporation's executives about legal issues related to the corporation's business activities. These issues might involve patents, government regulations, contracts with other companies, property interests, taxes, or collective-bargaining agreements with unions.

Legal aid lawyers work for private, nonprofit organizations for disadvantaged people. They generally handle civil cases, such as those about leases, job discrimination, and wage disputes, rather than criminal cases.

Lawyers often specialize in a particular area. The following are some examples of types of lawyers:

Environmental lawyers deal with issues and regulations that are related to the environment. They might represent advocacy groups, waste disposal companies, or government agencies to make sure they comply with the relevant laws.

Tax lawyers handle a variety of tax-related issues for individuals and corporations. Tax lawyers may help clients navigate complex tax regulations so that they pay the appropriate tax on income, profits, property, and so on. For example, they might advise a corporation on how much tax it needs to pay from profits made in different states to comply with the Internal Revenue Service's (IRS) rules.

Intellectual property lawyers deal with the laws related to inventions, patents, trademarks, and creative works such as music, books, and movies. An intellectual property lawyer might advise a client about whether it is okay to use published material in the client's forthcoming book.

Family lawyers handle a variety of legal issues that pertain to the family. They may advise clients regarding divorce, child custody, and adoption proceedings.

Securities lawyers work on legal issues arising from the buying and sell of stocks, ensuring that all disclosure requirements are met. They may advise corporations that are interested in listing in the stock exchange through an initial public offering (IPO) or buying shares in another corporation.

Litigation lawyers handle all lawsuits and disputes between parties. These could be contract disputes, personal injury disputes, or real estate and property disputes. Litigation lawyers may specialize in a certain area, such as personal injury law, or may be a general lawyer for all types of disputes and lawsuits.

Some attorneys become teachers in law schools. For more information on law school professors, see the profile on postsecondary teachers.