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60-604: Andrew Gregg Curtin (April 22, 1815 – October 7, 1894) was an American lawyer and politician . He served as the 15th governor of Pennsylvania during the American Civil War , helped defend his state during the Gettysburg Campaign , and oversaw the creation of the National Cemetery and the ceremony in which Abraham Lincoln delivered his famous Gettysburg Address . Curtin

120-448: A legal monopoly over the profession. In some countries, litigants have the option of arguing on their own behalf. In other countries, like Venezuela, no one may appear before a judge unless represented by a lawyer. The advantage of the latter regime is that lawyers are familiar with the court's customs and procedures, making the legal system more efficient for all involved. Unrepresented parties often damage their own credibility or slow

180-455: A scrivener or clerk may fill out court forms and draft simple papers for laypersons who cannot afford or do not need attorneys, and advise them on how to manage and argue their own cases. In most developed countries, the legislature has granted original jurisdiction over highly technical matters to executive branch administrative agencies which oversee such things. As a result, some lawyers have become specialists in administrative law . In

240-549: A broad field of legal matters. In others, there has been a tendency since the start of the 20th century for lawyers to specialize early in their careers. In countries where specialization is prevalent, many lawyers specialize in representing one side in one particular area of the law; thus, it is common in the United States to hear of plaintiffs' personal injury attorneys. Lawyers in private practice generally work in specialized businesses known as law firms , with

300-497: A few countries, there is a special category of jurists with a monopoly over this form of advocacy; for example, France formerly had conseils juridiques (who were merged into the main legal profession in 1991). In other countries, like the United States, lawyers have been effectively barred by statute from certain types of administrative hearings in order to preserve their informality. In some fused common law jurisdictions,

360-506: A government agency in order to receive maximum protection under the law. The division of such work among lawyers, licensed non-lawyer jurists/agents, and ordinary clerks or scriveners varies greatly from one country to the next. In some countries, the negotiating and drafting of contracts is considered to be similar to the provision of legal advice, so that it is subject to the licensing requirement explained above. In others, jurists or notaries may negotiate or draft contracts. Conveyancing

420-474: A large majority of law students never actually practice, but simply use their law degree as a foundation for careers in other fields. In most civil law countries, lawyers generally structure their legal education around their chosen specialty; the boundaries between different types of lawyers are carefully defined and hard to cross. After one earns a law degree, career mobility may be severely constrained. For example, unlike their Anglo-American counterparts, it

480-566: A law degree have to undergo further education and professional training before qualifying as a lawyer, such as the Bar Professional Training Course . In other jurisdictions, particularly the United States and Canada, law is taught at the graduate level following the completion of an unrelated bachelor's degree. In America, the American Bar Association decides which law schools to approve for

540-406: 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

600-537: A lawyer vary greatly across countries. In some countries, law is an undergraduate degree culminating in a bachelors or master's degree in law. In some of these jurisdictions, it is common or even required for students to earn another bachelor's degree at the same time. Where law is taught as an undergraduate degree, legal training after law school may comprise advanced examinations, apprenticeships, and additional coursework at special government institutes. For example, in many English common law jurisdictions, individuals with

660-501: A license to practice. Some countries require a formal apprenticeship with an experienced practitioner, while others do not. A few jurisdictions still allow an apprenticeship in place of any kind of formal legal education, though the number of persons who actually become lawyers that way is increasingly rare. The career structure of lawyers varies widely from one country to the next. In most common law countries, especially those with fused professions, lawyers have many options over

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720-560: A nonmember caught practicing law may be liable for the crime of unauthorized practice of law . David Wills (Gettysburg) David Wills (February 3, 1831 – October 27, 1894) was the principal figure in the establishment of the National Cemetery at Gettysburg, Pennsylvania . As a result of his efforts, the Gettysburg Address was given by Abraham Lincoln . Wills was Lincoln's host while in Gettysburg, and

780-525: A practice which was transferred to many countries in South America and Macau . In some jurisdictions, the term "doctor" has since fallen into disuse, but it is still in use in many countries within and outside of Europe. The title of doctor has traditionally not been used to address lawyers in England or other common law countries. Until 1846, lawyers in England were trained by apprenticeship or in

840-577: A principal of the Academy at Cahaba, Alabama , where he taught one year. In 1853 he entered as a law student in the office of Hon. Thaddeus Stevens at Lancaster and in 1854 he was admitted to the Bar of Pennsylvania. He opened a law office in Gettysburg in 1853. He was elected Burgess of the Borough of Gettysburg. He was elected the first County Superintendent of Schools of Adams County, and on him devolved

900-416: A similar distinction to the common law tradition exists between advocates and procurators . 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. Other kinds of legal practitioners include: While some jurisdictions regulate

960-584: A single type of lawyer. 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. 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)

1020-479: A special class of legal professionals–the licensed conveyancer –is also allowed to carry out conveyancing services for reward. In many countries, only lawyers have the legal authority to draft wills , trusts , and any other documents that ensure the efficient disposition of a person's property after death. In some civil law countries, this responsibility is handled by civil law notaries. In many civil law countries, prosecutors are trained and employed as part of

1080-496: A traditional preference for full-time law programs, while in developing countries, students often work full- or part-time to pay the tuition and fees of their part-time law programs. Law schools in developing countries share several common problems, such as an over reliance on practicing judges and lawyers who treat teaching as a part-time commitment, a concomitant scarcity of full-time law professors), incompetent faculty with underqualified credentials, and textbooks that lag behind

1140-404: 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

1200-519: Is commonplace. Some large businesses employ their own legal staff in a legal department. Other organizations buy in legal services from outside companies. In some jurisdictions, either the judiciary or the Ministry of Justice directly supervises the admission, licensing, and regulation of lawyers. Other jurisdictions, by statute, tradition, or court order, have granted such powers to a professional association which all lawyers must belong to. In

1260-451: Is contemplated or is in progress. In these jurisdictions, even conveyancers and corporate in-house counsel must first get a license to practice, though they may actually spend very little of their careers in court. Some jurisdictions have made the violation of such a rule the crime of unauthorized practice of law . In other countries, jurists who hold law degrees are allowed to provide legal advice to individuals or to corporations, and it

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1320-489: Is difficult for German judges to leave the bench and become advocates in private practice. Another interesting example is France, where for much of the 20th century, all judiciary officials were graduates of an elite professional school for judges. In a few civil law countries, such as Sweden, the legal profession is not rigorously bifurcated and everyone within it can easily change roles and arenas. In many countries, lawyers are general practitioners who represent clients in

1380-665: Is irrelevant if they lack a license and cannot appear in court. Some countries go further; in England and Wales, there is no general prohibition on the giving of legal advice. Singapore does not have any admission requirements for in-house counsel. Sometimes civil law notaries are allowed to give legal advice, as in Belgium. In many countries, non-jurist accountants may provide what is technically legal advice in tax and accounting matters. In virtually all countries, patents , trademarks , industrial designs and other forms of intellectual property must be formally registered with

1440-553: Is the drafting of the documents necessary for the transfer of real property , such as deeds and mortgages . In some jurisdictions, all real estate transactions must be carried out by a lawyer. Historically, conveyancing accounted for about half of English solicitors' income, though this has since changed, and a 1978 study showed that conveyancing "accounts for as much as 80 percent of solicitor-client contact in New South Wales ." In most common law jurisdictions outside of

1500-523: The 1840 election , campaigning for Whig presidential candidate William Henry Harrison . In 1855, Pennsylvania governor James Pollock appointed Curtin Superintendent of Public Schools. With the collapse of the Whig Party, Curtin switched to the newly formed Republican Party and successfully ran for governor of Pennsylvania in 1860 . At the same time, he helped Abraham Lincoln win

1560-764: The Susquehanna River . Major General George G. Meade , a Pennsylvania officer whom Curtin had recommended for brigadier general and command of one of the Pennsylvania reserve brigades in 1861, defeated Lee in the Battle of Gettysburg . Following the Battle of Gettysburg, Governor Curtin was the principal force behind the establishment of the National Cemetery there. Through his agent, David Wills , Curtin persuaded President Abraham Lincoln to attend

1620-654: The Tyrone and Clearfield Railroad . After the Civil War, Curtin lost his party's Senate nomination to Simon Cameron , and was appointed Ambassador to Russia by President Ulysses S. Grant . Curtin later switched to the Democratic Party , and served as a U.S. Representative from 1881 until 1887. On May 30, 1844, Curtin was married to Katharine Irvine Wilson (1821–1903), a daughter of Dr. William Irvine Wilson and Mary (née Potter) Wilson. Together, they were

1680-482: The "cab rank rule", to accept instructions for a case in an area in which they held themselves out as practicing, at a court at which they normally appeared and at their usual rates. Legal advice is the application of abstract principles of law to the concrete facts of the client's case to advise the client about what they should do next. In some jurisdictions, only a properly licensed lawyer may provide legal advice to clients for good consideration , even if no lawsuit

1740-620: The Gettysburg Address was completed in the large upstairs bedroom occupied by the President during his brief stay in the town. David Wills was born in Menallen Township , Adams County , Pennsylvania , the son of James Wills, a farmer. He remained on his father's farm until 13 years of age, entering Pennsylvania College (now Gettysburg College ) in 1846 from which he graduated with high honors in 1851. He then became

1800-867: The Inns of Court, with no undergraduate degree being required. Although the most common law degree in the United States is the Juris Doctor , most J.D. holders in the United States do not use the title "doctor". It is, however, common for lawyers in the United States to use the honorific suffix "Esq." (for " Esquire "). In French ( France , Quebec , Belgium , Luxembourg , French-speaking area of Switzerland ) and Dutch -speaking countries ( Netherlands , Belgium ), legal professionals are addressed as Maître ... , abbreviated to M ... (in French) or Meester ... , abbreviated to mr. ... (in Dutch). In Poland ,

1860-750: The Republican nomination for president . A large crowd attended Curtin's inaugural ceremonies on January 15, 1861. Curtin was a strong supporter of President Lincoln 's policies in the Civil War , and Curtin committed Pennsylvania to the war effort. Curtin organized the Pennsylvania Reserves into combat units, and oversaw the construction of the first Union military camp for training militia . It opened in an agricultural school nearby Harrisburg as Camp Curtin on April 18, 1861, and more than 300,000 men were drilled there during 4 years. In

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1920-461: The U.S., such associations are known as mandatory, integrated, or unified bar associations . In the Commonwealth of Nations, similar organizations are known as Inns of Court , bar councils or law societies . In civil law countries, comparable organizations are known as Orders of Advocates, Chambers of Advocates, Colleges of Advocates, Faculties of Advocates, or similar names. Generally,

1980-401: The United States, India, and Pakistan. On the other hand, civil law jurisdictions do not have "lawyers" in terms of a single general-purpose legal services provider. 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. In some civil law countries,

2040-534: The United States, this monopoly arose from an 1804 law that was introduced by William Pitt the Younger as a quid pro quo for the raising of fees on the certification of legal professionals such as barristers, solicitors, attorneys, and notaries. In others, the use of a lawyer is optional and banks, title companies, or realtors may be used instead. In some civil law jurisdictions, real estate transactions are handled by civil law notaries. In England and Wales,

2100-432: The bar use the title "Avvocato", abbreviated in "Avv." Some lawyers, particularly barristers and advocates, argue the legal cases of clients case before a judge or jury in a court of law. In some jurisdictions, there are specialist lawyers who have exclusive rights of audience before a court. In others, particularly fused legal jurisdictions, there are lawyers who specialize in courtroom advocacy but who do not have

2160-622: The battlefield and returned home. He also founded the state-funded Orphan's School to aid and educate children of military men who had died for the Union cause. Soon after the war, Curtin was elected to the honorary position of a 3rd Class Companion of the Military Order of the Loyal Legion of the United States in recognition of his support for the Union during the war. As governor, from 1858 to 1860, Curtin also served as president of

2220-412: The client and then brief a barrister, usually in writing. The barrister then researches and drafts the necessary court pleadings, which will be filed and served by the solicitor, and orally argues the case. In Spanish civil law, the procurator merely signs and presents the papers to the court, but it is the advocate who drafts the papers and argues the case. In other civil law jurisdictions, like Japan,

2280-404: The client-lawyer relationship begins with an intake interview where the lawyer gets to know the client personally, following which the lawyer discovers the facts of the client's case, clarifies what the client wants to accomplish, and shapes the client's expectations as to what actually can be accomplished. The second to last step begins to develop various claims or defenses for the client. Lastly,

2340-449: The course of their careers. Besides private practice, they can become a prosecutor , government counsel, corporate in-house counsel, administrative law judge , judge , arbitrator , or law professor . There are also many non-legal jobs for which legal training is good preparation, such as politician , corporate executive , government administrator, investment banker , entrepreneur , or journalist . In developing countries like India,

2400-412: The court down as a result of their inexperience. Often, lawyers brief a court in writing on the issues in a case before the issues can be orally argued. They may have to perform extensive research into relevant facts. Also, they draft legal papers and prepare for an oral argument. In split common law jurisdictions, the usual division of labor is that a solicitor will obtain the facts of the case from

2460-423: The current state of the law. Some jurisdictions grant a " diploma privilege " to certain institutions, so that merely earning a degree or credential from those institutions is the primary qualification for practicing law. Mexico allows anyone with a law degree to practice law. However, in a large number of countries, a law student must pass a bar examination (or a series of such examinations) before receiving

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2520-413: The dedication of the cemetery. Governor Curtin was sitting with Lincoln on the platform on November 19, 1863, when Lincoln delivered his famed Gettysburg Address . In his first term, Governor Curtin suffered a severe breakdown from the stresses of war. Secretary of State Eli Slifer handled governmental affairs during the increasingly frequent periods when Curtin was incapacitated. President Lincoln offered

2580-520: The exception of English barristers. The vast majority of law firms worldwide are small businesses that range in size from 1 to 10 lawyers. The United States, United Kingdom and Australia are exceptions, home to several firms with more than 1,000 lawyers after a wave of mergers in the late 1990s. Notably, barristers in England, Wales, Northern Ireland and some states in Australia do not work in law firms. Those who offer their services to members of

2640-550: The form of apprenticeships or special clinical courses. Others, like Venezuela, do not. A few countries prefer to teach through assigned readings of judicial opinions (the casebook method ) followed by intense in-class cross-examination by the professor (the Socratic method ). Many others focus on theoretical aspects of law, leaving the professional and practical training of lawyers to apprenticeship and employment contexts. Some countries, particularly industrialized ones, have

2700-416: The general public—as opposed to those working in-house — are generally self-employed. Most work in groupings known as "sets" or "chambers", where some administrative and marketing costs are shared. An important effect of this different organizational structure is that there is no conflict of interest where barristers in the same chambers work for opposing sides in a case, and in some specialized chambers this

2760-766: The governor a diplomatic position abroad, but he chose to run for reelection in 1863 . To coordinate Union war efforts, Curtin convened the Loyal War Governors' Conference on September 24 and 25, 1862, in Altoona . This event was one of his most significant contributions to the Union war effort. He formed the Pennsylvania State Agency in Washington, and another branch in Nashville, Tennessee , to provide support for wounded soldiers on

2820-543: The idea of the Soldiers' National Cemetery at Gettysburg to Governor Andrew Gregg Curtin immediately after the Battle of Gettysburg . He was appointed the agent of the Commonwealth of Pennsylvania by Governor Curtin to organize the Soldiers' National Cemetery and looked after its interest. However, rival lawyer David McConaughy had already started purchasing land on Cemetery Hill with the intention of preserving it for

2880-436: The judiciary. They are law-trained jurists, but may not necessarily be lawyers in the sense that the word is used in the common law world. In common law countries, prosecutors are usually lawyers holding regular licenses who work for the government office that files criminal charges against suspects. Criminal defense lawyers specialize in the defense of those charged with any crimes. The educational prerequisites for becoming

2940-410: The law. 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

3000-402: The lawyer explains her or his fees to the client. In England, only solicitors were traditionally in direct contact with the client, but barristers nowadays may apply for rights to liaise with clients directly. The solicitor retained a barrister if one was necessary and acted as an intermediary between the barrister and the client. In most cases barristers were obliged, under what is known as

3060-517: The organization of the new school system. He was also elected director of the Bank of Gettysburg in 1854 and served until 1860 when he was succeeded by his father, James Wills, who served until 1867. He was a trustee of Wilson College , Chambersburg. He was also a trustee of the Dickinson School of Law , Carlisle. He was for more than twenty years a trustee of Pennsylvania College. In 1874 he

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3120-626: The parents of: Curtin died at his birthplace on October 7, 1894, in Bellefonte, Pennsylvania, and is buried there in Union Cemetery . Lawyer 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

3180-526: The purposes of admission to the bar. Law schools in the United States and Canada award graduating students a J.D. ( Juris Doctor ) as a professional law degree. In a handful of U.S. states , one may become an attorney (a so-called country lawyer ) by simply " reading law " and passing the bar examination, without having to attend law school first, although very few people actually become lawyers that way. The methods and quality of legal education vary widely. Some countries require extensive clinical training in

3240-625: The rule of law, human rights, and the interests of the legal profession. Some jurisdictions have multiple types of lawyers, while others only have one or two. 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 . Several countries that originally had two or more legal professions have since fused or united their professions into

3300-489: The title Mecenas is used to refer to advocates and attorneys at law, although as an informal title its status is not protected by law. In South Africa and India, lawyers who have been admitted to the bar may use the title "Advocate", abbreviated to "Adv" in written correspondence. Lawyers who have completed two years of clerkship with a principal Attorney and passed all four board exams may be admitted as an "Attorney". Likewise, Italian law graduates who have qualified for

3360-489: The use of the title "lawyer", others do not. Historically, lawyers in most European countries were addressed with the title of doctor. The first university degrees , starting with the law school of the University of Bologna in the 11th century, were all law degrees and doctorates. Therefore, in many southern European countries, including Portugal, Italy and Malta, lawyers have traditionally been addressed as "doctor",

3420-536: The years that followed, Curtin became a close friend and confidant of Abraham Lincoln, visiting the White House several times in order to converse about the status of the war effort. Curtin was very active during the Gettysburg Campaign, working with Major General Darius N. Couch and Major Granville O. Haller to delay Robert E. Lee 's Army of Northern Virginia and prevent it from crossing

3480-525: Was appointed President Judge of the 42nd Judicial District composed of Adams and Fulton Counties. The American Civil War came to the doorstep of the Wills home July 1–3, 1863. During the Confederate occupation of the town, Wills saw "a group of rebels with an ax break open the store door" of one of his tenants. As the battle raged around the town, local citizens huddled in his cellar. Mr. Wills suggested

3540-620: Was born in Bellefonte, Pennsylvania . Sources vary as to his birth date. Some list April 22, 1815; others list April 22, 1817. Curtin's gravestone uses the 1815 date. His parents were Roland Curtin Sr., a wealthy Irish -born iron manufacturer from County Clare , and Jane ( née Gregg) Curtin, the daughter of U.S. Senator Andrew Gregg . Along with Miles Boggs, Curtin's father established Eagle Ironworks at Curtin Village in 1810. Curtin's family

3600-626: Was prominent in Pennsylvania politics and in the American Civil War. He was the great-grandson of James Potter , the vice president of Pennsylvania, and was the grandson of Andrew Gregg , a prominent Pennsylvania politician. He was the uncle of John I. Gregg and cousin of David McMurtrie Gregg , both Union generals in the Civil War. His cousin was Colonel John I. Curtin . Curtin attended Bellefonte Academy , Dickinson College , and Dickinson School of Law . After law school, Curtin began practicing law. He first entered politics during

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