Hiring the Lawyer That is Best For You

Hiring a Licensed and Experienced Attorney When in Need of Legal Representation

When hiring or consulting with an attorney, it is advised that you do so with a person licensed to practice law in your jurisdiction. You should also ensure that the attorney is experienced to practice law in the area that applies to your legal matter.  

This article is designed to explain the licensing process for attorneys and the many areas of practice that exist within the legal profession.

The process of becoming an attorney

To become an attorney in the United States, you must first obtain a bachelor’s degree from an accredited undergraduate college or university.  This typically takes four years.   

After college, you must obtain a juris doctorate or law degree from an accredited law school.    This process takes three years.  

Passing the bar 

Upon graduating law school, those who wish to practice law must pass the bar examination in the state(s) where they wish to work.   

In addition to passing the bar exam, applicants to the bar must also undergo a detailed background or character and fitness investigation.   

Upon successfully completing all the necessary education, examination, and investigation requirements, an applicant to practice law may successfully become licensed, also referred to as being admitted to the bar.   

Each state has its own bar, and constitutes an individual jurisdiction.  Bar applicants must under undergo both the examination and character and fitness processes in each jurisdiction or state where they wish to practice.  

A lawyer must be admitted to the bar to make court appearances, provide legal advice or any form of legal representation, or to sign legal documents as an attorney of record.

Practicing law in federal court

Attorneys who wish to practice law in federal court must seek admission to the federal courts on an individual basis.  The federal court system is comprised of both trial courts and appellate courts.   

The trial courts are known as United States District Courts and appellate courts are known as United States Courts of Appeals. Each state contains one or more federal districts and their respective district court(s).  

For example, Rhode Island has a single federal district, and its federal court is known as United States District Court for the District of Rhode Island.  

Larger states consist of multiple federal districts with corresponding courts.  For example, New York contains four federal districts, each having its own district court.  They are United States District Court for the Northern District of New York; United States District Court for the Southern District of New York; United States District Court for the Eastern District of New York; and United States District Court for the Western District of New York.  

There is a total of 94 federal districts throughout the United States.

The federal district courts are grouped into 12 circuits, each having its own Court of Appeals. A Court of Appeals adjudicates appellate issues arising from cases heard by the district courts within its circuit.  

For example, United States Court of Appeals for the First Circuit hears appeals of cases from the Districts of Rhode Island, Massachusetts, New Hampshire, Maine, and Puerto Rico.   

The United States District Courts and Courts of Appeals fall under the supervision of the United States Supreme Court, which is the highest court in the country.  

Attorneys who wish to practice in federal court must seek admission to the bar of each court separately, to include District Courts, Courts of Appeals, and the Supreme Court. Each court within the federal judiciary has its own admission or licensing requirements.   

Lawyers’ career pathway and areas of practice

Once admitted to practice law, lawyers’ careers take different pathways. While most jurisdictions do not recognize specialties among lawyers, the body of law that governs a jurisdiction consists of procedural rules and substantive law such as statutes and regulations, and case law.   

Overall, the law is very complex and often changes.    New laws are enacted regularly.  Old laws may be repealed.    Procedural rules and statutes are subject to change or amendment.   Case law, which refers to an appellate court’s interpretation or application of the law to a set of facts, is constantly developing.   

As such, lawyers most often choose to focus their practice in one or more areas of the law.  Practice areas include, but are not limited to:

• criminal law
• personal injury law 
• contract law
• business or corporate law
• family law
• estate planning
• and many more   

Finding the right lawyer to fit their individual legal needs

Based on the information above, clients in need of legal advice or representation must find the right lawyer to fit their individual legal needs.  Our office often receives calls from potential clients in other jurisdictions who have legal questions.   Because of the lawyer licensing requirements described above, a lawyer who is not licensed to practice in a particular jurisdiction is legally prohibited from dispensing legal advice about an issue there.   

There are laws that restrict attorneys in this regard, along with rules of professional responsibility that govern legal practice.  Lawyers who fail to comply with these rules may be subject to professional disciplinary proceedings, which may impact their ability to practice.  

Varying levels of skill and experience

Further, when consulting an attorney, it is important to do so with one who is experienced in the practice area that applies to your legal problem.  Attorneys in practice have varying levels of skill and experience.   

The examination requirement to practice law is a test of minimal competence.  Once a new lawyer passes the exam and is admitted to the bar, the pathway of his career will dictate the skills and experience he acquires over time.  

For example, a lawyer experienced in defending against criminal allegations may not have the experience necessary to draft a complex contract, or vice versa.   

Once you narrow your search to a group of lawyers that practice in your desired area, be mindful that no two lawyers are alike.   

All lawyers have unique personalities, varying skill sets, different experiences, and unique training.   While legal education is generally standardized, some schools offer better educational programs than others, and not all lawyers are honor law graduates.   

Most importantly, some lawyers are more experienced than others, especially when it comes to trials, appeals, or other forms of litigation.   

Never judge a lawyer solely by a fancy suit, car, or office.  

Avoid hiring an attorney over the telephone

If possible, avoid hiring an attorney over the telephone. Before hiring a lawyer, have an in-person consultation with the lawyer, and do your own research to determine his experience and reputation within the jurisdiction.  

Only then will you be able to hire the lawyer that is best for you.

If you have been accused of a crime in Rhode Island, Massachusetts, Connecticut, or New York, or any of the federal districts within these states, contact the Law Office of John L. Calcagni, III for a free consultation at 401-351-5100.