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They may have to perform extensive research into relevant facts and law. In England, a solicitor gets the facts of the case from the client and briefs a barrister in writing.

The barrister then researches, drafts, and files the necessary court pleadings, and orally argues the case.[18] In Spain, the procurator merely signs and presents the papers to the court, but it is the advocate who drafts the papers and argues the case.[19] In some countries, like Japan, 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.[20] 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 e specialists in administrative law.

In a few countries, there is a special category of jurists with a monopoly over this form of advocacy; for example, France formerly had conseil juridiques who were merged into the main legal profession in 1991.[21] 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.[22] Before a lawyer can accept a clients case, he or she must interview the client and determine whether it is worth taking. Generally, there is no obligation to take a case, with the exception of public defenders, who must defend all indigent criminal defendants who cannot afford an attorney.

The lawyer must also stay in regular contact with the client and advise them about the cases status and possible e. In England, only solicitors were traditionally in direct contact with the client.[23] The solicitor retained a barrister if one was necessary and acted as an intermediary between the barrister and the client.

In most cases a barrister would be obliged, under what is known as the cab rank rule, to accept instructions for a case in an area in which they held themselves out as practising, at a court at which they normally appeared and at their usual rates.[24][25] Legal advice is the application of abstract principles of law to the concrete facts of the clients case in order to advise the client about what they should do next. In many countries, only a properly licensed lawyer may provide legal advice to clients for good consideration, even if no lawsuit is contemplated or is in progress.[26][27][28] Therefore, 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.

Failure to obey such a rule is 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 is irrelevant if they lack a license and cannot appear in court.[29][30] Some countries go further; in England and Wales, there is no general prohibition on the giving of legal advice.

Sometimes civil law notaries are allowed to give legal advice, as in Belgium.[31] In many countries, non-jurist accountants may provide what is technically legal advice in tax and accounting matters.[32] In virtually all countries, patents, copyrights, trademarks, industrial designs and other forms of intellectual property must be formally registered with a government agency in order to receive maximum protection under the law. The division of such work among lawyers, licensed non-lawyer juristsagents, and ordinary clerks or scriveners varies greatly from one country to the next.[33] 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.[34] In others, jurists or notaries may negotiate or draft contracts.[35] Lawyers in some civil law countries traditionally deprecated transactional law or business law as beneath them.

French law firms developed transactional departments only in the 1990s when they started to lose business to international firms based in the United States and the United Kingdom where solicitors have always done transactional work.[36] Conveyancing 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 or a solicitor where that distinction still exists.[37] Such a monopoly is quite valuable from the lawyers point of view; historically, conveyancing accounted for about half of English solicitors e though this has since changed,[38] and a 1978 study showed that conveyancing accounts for as much as 80 percent of solicitor-client contact in New South Wales.[39] In mon law jurisdictions outside of the United States, this monopoly arose from an 1804 law[40] 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.[41] In others, the use of a lawyer is optional and banks, panies, or realtors may be used instead.[42] In some civil law jurisdictions, real estate transactions are handled by civil law notaries.[43] In England and Wales a special class of legal professional, the Licensed Conveyancer is also allowed to carry out conveyancing services for reward.

In many countries, only lawyers have the legal authority to do drafting of wills, trusts, and any other documents that ensure the efficient disposition of a persons property after death. In some civil law countries this responsibility is handled by civil law notaries.[44] In the United States, the estates of the deceased must be administered by a court through probate.

American lawyers have a profitable monopoly on dispensing advice about probate law which has been heavily criticized.[45] Lawyers are generally subject to some kind of official mendation that they voluntarily provide a certain number of hours of free pro bono services to the poor each year. In some countries, there are legal aid lawyers who specialize in providing legal services to the poor, disadvantaged, and indigent.[46][47] France and Spain even have formal fee structures by which lawyers pensated by the government for legal aid cases on a per-case basis.[48] The same type of system, though not as extensive or generous, operates in Australia.

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