Can lawyers practice any type of law or do they need to be certified in that area?

Question

for example to represent somebody in real estate law do they have to be certified or can they just 'read up on it' and represent you. If they do represent you and they were not suppose to(via any rules or regulations) what are the consequences for their actions if any and how would you report them and to whom?

Answer 1

Some areas of practice, like admiralty law and the USPTO, have their own bar exams. Some states require that attorneys who do real estate closings post a fairly hefty bond. Though there may not be a special real estate closing "certification," the bond keeps out attorneys who aren't committed to that area of practice. Attorneys who do indigent defense, juvenile defense, capital defense, and guardian ad litem work may be required to take classes periodically to maintain certifications in those areas, federal defenders also. Most states require that attorneys take continuing legal education classes to maintain a bar license. Sometimes attorneys have to "qualify" to practice before a court (bankruptcy, for example) by following the court's application procedures, which can include special training. But generally, if a tort or criminal case comes through the door, the attorney can research the issues and just do it.

Answer 2

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RE Can lawyers practice any type of law or do they need to be certified in that area?



for example to represent somebody in real estate law do they have to be certified or can they just 'read up on it' and represent you. If they do represent you and they were not suppose to(via any rules or regulations) what are the consequences for their actions if any and how would you report them and to whom?

Answer 3

When a lawyer graduates from law school and passes their state's bar, they can practice in any field they choose. They do not need a certification. The only exception is federal patent law. A lawyer has to meet the requirements for that and pass a special patent bar to represent clients in patent court.



Additionally, a lawyer who is fresh out of law school who has limited experience, cannot represent plaintiff's in a class action without it being determined that they have enough experience to adequately represent the class.



However, if a lawyer advertises in the phonebook, on tv, or in any commercial ad that they "specialize" in a particular area, then they do need a certification. However, if they just say, "field of practice areas include: X,Y,Z" then that is fine.

Answer 4

Lawyers have a general license. They can practice in any field. However a lawyer that specializes in a certain type of law is a lot more likely to give you a satisfactory conclusion than one who is less familiar with the subjuct.

Answer 5

An attorney need have absolutely no experience or training in a field to take a case. If the attorney screws up, there's a malpractice suit although the standards of proof are almost insurmountable. You can also file a grievance with your state's attorney disclinary committee (it goes by various names depending on where you are).

Answer 6

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