Practice (of Law) – the procedural methods and rules used in a court of law

practice:
n. (15c)

l. The procedural methods and rules used in a court of law <local practice requires that an extra copy of each motion be filed with the clerk>.

2. PRACTICE OF LAW <where is your practice>.

practice act:
(1881)

1. A statute governing practice and procedure in courts.  *  Practice acts are usually supplemented with court rules such as the Federal Rules of Civil Procedure.

practice book:
(1873)

1. A volume devoted to the procedure. in a particular court or category of courts, usually including court rules, court forms, and practice directions.

practice court:
(1831)

l. MOOT COURT.

2. (cap) BAIL COURT. practice goodwill. See GOODWILL.

practice guide:
(1937)

1. A written explanation of how to proceed in a particular area of law or in a particular court or locality.

practice of law:
(17c)

1. The professional work of a lawyer, encompassing a broad range of services such as conducting cases in court, preparing papers necessary to bring about various transactions from conveying land to effecting corporate mergers, preparing legal opinions on various points of law, drafting wills and other estate-planning documents, and advising clients on legal questions.  *  The term also includes activities that comparatively few lawyers engage in but that require legal expertise, such as drafting legislation and court rules. — aka legal practice.  Cf. LAW PRACTICE.

Unauthorized Practice of Law – the practice of law by a nonlawyer who has not been licensed or admitted to practice law in a given jurisdiction.

> multidisciplinary practice of law. See MULTIDISCIPLINARY PRACTICE.

> unauthorized practice of law. (1928) The practice of law by a person, typically a nonlawyer, who has not been licensed or admitted to practice law in a given jurisdiction. -Abbr. UPL.

“The definitions and tests employed by courts to delineate unauthorized practice by non-lawyers have been vague or conclusory, while jurisdictions have differed significantly in describing what constitutes unauthorized practice in particular areas… .

“Certain activities, such as the representation of another person in litigation, are generally proscribed. Even in that area, many jurisdictions recognize exceptions for such matters as small-claims and landlord-tenant tribunals and certain proceedings in administrative agencies. Moreover, many jurisdictions have authorized law students and others not locally admitted to represent indigent persons or others as part of clinical legal education programs.

“Controversy has surrounded many out-of-court activities such as advising on estate planning by bank trust officers, advising on estate planning by insurance agents, stock brokers, or benefit-plan and similar consultants, hlling out or providing guidance on forms for property transactions by real estate agents, title companies, and closing-service companies, and selling books or individual forms containing instructions on self-help legal services accompanied by personal, non-lawyer assistance on filling them out in connection with legal procedures such as obtaining a marriage dissolution. The position of bar associations has traditionally been that non-lawyer provisions of such services denies the person served the benefit of such legal measures as the attorney-client privilege, the benefits of such extraordinary duties as that of confidentiality of client information and the protection against conflicts of interest, and the protection of such measures as those regulating lawyer trust accounts and requiring lawyers to supervise non-lawyer personnel. Several jurisdictions recognize that many such services can be provided by non-lawyers without significant risk of incompetent service, that actual experience in several states with extensive non-lawyer provision of traditional legal services indicates no significant risk of harm to consumers of such services, that persons in need of legal services may be significantly ai ed in obtaining assistance at a much owerprice than would be enta ed by segregating out a portion 0 a transaction to be hand ed by a lawyer for a fee, and that many persons can ill afford, and most persons are at least inconvenienced by, the typ ca I higher cost of lawyer services.” Restatement (Third) of tie Law Governing Lawyers 5 4 cmt. c (1998).

practicks (prak-tiks). (usu. pl.) (16c) Hist. Scots law. An old collection of notes about points of practice, decisions of the Court of Sessions, statutes, and forms, compiled by members of the court.  *  An example is Balfour’s Practicks (1469-1579). A precursor of law reports, the notes remain historical legal literature of some authority.

practitioner. ( 16c) A person engaged in the practice of a profession, esp. law or medicine.

law practice. (17c) An attorney’s professional business, including the relationships that the attorney has with clients and the goodwill associated with those relationships. Cf. PRACTICE OF LAW.

law reporter. I. Hist. A lawyer who attended judicial Sessions to summarize proceedings and transcribe judicial pronouncements. -Often shortened to reporter.

“The sixteenth century was a time when to become a recognized law-reporter was the mark of the successful practitioner, when a lawyer’s reputation usually governed the value attached to any cases he collected. Yet no survey of these men and their work can be properl undertaken without preliminary consideration of the Tu or Yearbooks which lasted intermittently until 1535. In common with those of previous reigns, these tattered remnants of a great medieval tradition stand as a monument to the articulate, if nameless, reporters of the early common law. So much has been written over the last hundred years by so many eminent scholars on the origins, maturity and decline of the Yearbooks that further comment may seem sterile, if not presumptuous. Nonetheless, it is hardly possible to appreciate the development of ‘private’ reporting without endeavoring to place it against the background of the Yearbook tradition. The picture which emerges is not so much that of one system ending and another taking its place; rather, what we see is the slow decline of the one and the parallel growth of the other, both unpremeditated

and probably unrelated.” L.W. Abbott, Law Reporting in England 1485-1585 (1973).

2. See REPORT (3).

law report. See REPORT (3).

 

law review. (1845) l. A journal containing scholarly articles, essays, and other commentary on legal topics by professors, judges, law students, and practitioners. 0 Law reviews are usu. published at law schools and edited by law students <law reviews are often grossly overburdened with substantive footnotes>. 2. The law-student staff and editorial board of such a journal <she made law review>. -Abbr. L. Rev. –Also termed law journal. See

LAW JOURNAL. law Salique (so-leek). See SALIC LAW.

law school. (17c) An institution for formal legal education and training, usu. a graduate department or school in a university but sometimes a stand-alone school for graduate studies in law. 0 Graduates who complete the standard program, usu. three years in length, receive a Iuris Doctor (or, formerly, a Bachelor of Laws).

accredited law school. (1905) A law school approved by the state and the Association of American Law Schools, or by the state and the American Bar Association. 0 In all states except California, only graduates of an accredited law school may take the bar examination.

law School Admissions Test. A standardized examination purporting to measure the likelihood of success in law school. 0 Most American law schools use the results of this examination in admissions decisions. –Abbr. LSAT (cl-sat).

law society. (1821) 1. An organization whose membership is Open to lawyers and law students and Offers benefits such as resources for professional contacts and educa~ lion. 2. (cap) English law. A professional organization in England, chartered in 1845, governing the education, Practice, and conduct ofarticled clerks and solicitors. 0 A solicitor must be enrolled with the Law Society to to the legal profession.

f Scotland. A professional organization it in 1949, governing the admission,

conduct, and practice of solicitors enrolled to practice in Scotland.

References:

Disclaimer: All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use.

[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

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Legal Precepts Adopted (from Europe) into The U.S. Constitution

§ § of Law Embedded into the Constitution Pursuant to the American Revolution

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Federal Rules of Procedure

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