Lawyers advise a wide range of clients on legal matters, including industry, government, businesses, employers, individuals, and not-for-profit societies. They represent clients before courts, tribunals, and regulatory bodies. They provide legal opinions and risk assessments, draft court documents such as pleadings, and draft other legal documents such as contracts and wills. They may also plead cases and conduct prosecutions in courts of law.
In the past, legal practice in Canada was divided into two types of work. Barristers did court work and solicitors did office work. Now when lawyers complete their training, they are called barristers and solicitors because they are qualified to do both.
Today, most lawyers try to help their clients avoid going to court. Going to court requires lawyers to do many hours of preparation, which they then must charge to their clients. It also poses risk for clients, because no matter how well the lawyer prepares, the judge or jury may not decide in their favour.
To avoid the added cost and risk of court, lawyers encourage clients to use out-of-court dispute settlement methods. These include things like negotiation, mediation, and arbitration.
Barristers act as advocates for clients in both criminal and civil (non-criminal) lawsuits. Criminal law involves alleged breaches of the Criminal Code of Canada, such as arson, theft, and murder. It also involves violations of other statutes such as the Controlled Drugs and Substances Act and Youth Criminal Justice Act.
Civil cases involve disputes between private parties and include:
- Personal injury lawsuits
- Family and divorce actions
- Insurance claims and business disputes
- Employment and labour disputes
- Intellectual property disputes
Lawyers may litigate (argue) criminal or civil cases on behalf of clients or the government. In Canadian law, the government is called the Crown. Lawyers who argue on behalf of the government in criminal matters are called Crown prosecutors.
Whether lawyers practise criminal or civil law, and no matter who they represent, they:
- Research legislation (laws) and previous judicial (court) decisions for guidance
- Gather evidence by interviewing witnesses and reviewing documents
- Advise clients, initiate legal actions, and draft pleadings (a written presentation to the court)
- Present a client’s case or defence in court or before a tribunal, board, mediator, or arbitrator
- Negotiate settlements
Some barristers also act as a mediators, conciliators, or arbitrators. This means they represent clients in various types of proceedings that allow them to settle cases out of court.
Solicitors (office work lawyers) may never go to court. They often specialize in areas such as:
- Real estate transactions
- Corporate or commercial law
- Administrative law
- Patents
- Probate and administration of wills and estates
- Some aspects of family law
In very small or remote communities, lawyers may practise in several areas of either civil or criminal law.
Not all lawyers who work for government are prosecutors. Some advise politicians and bureaucrats (government employees who are not elected buy hired) on the law and public policy. Corporations may also have lawyers who work in-house, advising their employers on business law matters.
In general, solicitors act as advisors in legal transactions. They may:
- Draft legal documents such as business contracts, lease agreements, and purchase agreements
- Handle the sale and transfer of property
- Advise on the tax implications of a client’s proposed action
- Incorporate companies and draft shareholder agreements
- Negotiate contracts of employment and collective agreements
- Act as trademark or patent agents
Lawyers are also notaries public and commissioners for oaths under Alberta’s Notaries and Commissioners Act[pdf]. This includes articling students (they have finished law school and are completing a 12-month term of practice). This year of supervised experience is the final step to becoming licensed to practice law.
Subject to the Notaries Public and Commissioners for Oaths Regulations, a notary public may:
- Administer oaths. A person under oath promises to tell the truth. They can be charged with perjury and sentenced to pay a fine or spend time in jail for lying under oath.
- Take affidavits (a written statement taken under oath), affirmations, or declarations.
- Attest the oaths, affidavits, affirmations, or declarations (confirm they’re genuine).
- Certify a copy of a document is genuine by applying a notary’s stamp or seal to it.
- Witness certain types of legal documents (attest that those signing have proven their identity with government-issued identification such as a driver’s license or passport).
However, only a licensed lawyer or judge can witness, certify, and attest deeds, contracts, and commercial instruments.
