Job description
Lawyers
Job purpose
To advise and represent clients on their legal rights and obligations, to draft and review legal instruments, and to prepare, argue and settle cases in court and before government agencies, so that the client's position rests on a sound reading of the law and disputes and transactions are concluded on defensible terms.
Skills
- Extensive command of law and government: statutes, the Constitution, decisions, regulations and the ordinances of quasi-judicial bodies; court procedure and precedent; the drafting of wills, deeds, patent applications, mortgages, leases and contracts; and the law of claim liability, estates and business transactions. Requires an exact command of written English for briefs, opinions and instruments. Practice may be broad or concentrated in a single field, and knowledge must be kept current as the law changes. A doctoral-level legal qualification is the norm, with a substantial minority holding a first professional degree; entrants arrive already qualified, with extensive experience — for many positions more than five years — assumed rather than trained in post.
- Advises clients on business transactions, claim liability, legal rights and obligations and the advisability of prosecuting or defending a suit; represents them in court and before government agencies; presents and summarises cases to judges and juries, argues motions and questions witnesses. Interviews clients and witnesses to establish the facts, confers with colleagues in specialist fields to verify the basis for proceedings, negotiates settlements of civil disputes and contractual agreements, and interprets rulings and regulations for individuals and businesses. Register moves between advocacy, negotiation and advice; persuasion is central.
- Analyses the probable outcome of cases from precedent, examines legal data to determine whether a suit should be defended or prosecuted, gathers evidence and develops the strategy and arguments to be advanced. Problems are unstructured and adversarial: the facts are contested, precedent may point in more than one direction, and an opponent is working to the opposite conclusion. Judgement is exercised on incomplete information, and error carries consequences for the client.
- Sets own tasks, priorities and goals, and plans matters from instruction through preparation to hearing, filing or completion against court timetables and limitation periods that cannot be moved. Develops longer-range strategy for a case or practice area, coordinates colleagues and legal assistants around it, and performs the management functions attached to the practice of law, under time pressure throughout.
- Work is carried out seated at a desk and in meetings, hearings and court, using legal research and document systems. No manual handling or dexterity demands.
Responsibilities
- Supervises legal assistants and coordinates the work of others on a matter, setting standards for their output, directing them and developing their capability; accountable for their work outcomes as well as for the postholder's own.
- Negotiates the settlement of civil disputes and the terms of contractual agreements, so advice and agreement commit or preserve substantial value, though no budget is held. May act as agent, trustee, guardian or executor for businesses or individuals, and probates wills and advises executors and administrators of estates, placing others' assets under the postholder's stewardship.
- Ordinary care of a workstation and of legal research and document systems, with custody of case files, executed instruments, deeds and title documents. Property is held only in a fiduciary capacity when acting as trustee, guardian or executor.
- Prepares, drafts and reviews the legal documents on which clients' rights depend, writes briefs, opinions and appeals, and searches public and other legal records to establish ownership. Content and form are set by statute, court rules and the client's instructions, but accuracy is the postholder's responsibility: an error in an instrument or a filing is consequential and often difficult to retrieve.
Effort required
- Long periods of exacting reading, analysis and drafting, where the meaning of a clause or the wording of a filing decides the outcome, combined with strategic judgement about how a case will run. Decisions are frequent, taken under time pressure and on facts that are incomplete or disputed, with impact on clients, colleagues and organisational results.
- The work is adversarial by nature: conflict situations arise in negotiation, in litigation and in dealings with opposing parties, and the postholder deals with people who are unpleasant, angry or discourteous while maintaining composure and an advocate's detachment. Personal accountability for the outcome sits with the postholder, and the field is competitive.
- Predominantly seated work, at a desk, in conference and in court. No lifting or exertion.
Working conditions
- Indoors in a controlled office environment, with proceedings conducted in court and before government agencies. No physical hazard, noise, weather or contaminant exposure is recorded. Psychosocial demand comes from conflict situations, from dealing with unpleasant, angry or discourteous people, from the level of competition in the field and from the consequence of error for those advised.
- Incumbents are on a regular established schedule, with no shift or unsocial-hours pattern recorded; the working week nonetheless runs beyond forty hours for two-thirds of them. Works with wide freedom to make decisions and determines own tasks, priorities and goals within statute, court rules and professional obligation, under time pressure and with personal accountability for judgements whose consequences reach clients and the organisation.