Most practicing lawyers serve as counselors rather than courtroom litigators

Evidence

Their careers show that lawyers may employ their talents in a wide variety of contexts for quite different clients and ends. They may become litigators, like Marshall, pursuing their clients’ interests in the clash of courtroom conflict. Many lawyers— including prosecutors, criminal defense attorneys, and lawyers in personal injury cases—are regularly involved in trial or appellate litigation. Alternatively, like Powell, lawyers may serve primarily as legal counselors, negotiating contracts or other legal agreements or seeking by their advice to prevent legal disputes from arising. In fact, most lawyers spend little or no time in court. — G. Alan Tarr, Judicial Process and Judicial…, 892

Categorization

• XREF: Connects to the legal-profession material taught in typical law-and-society courses about lawyer roles. — connects to: Lawyer involvement may substitute for judicial supervision in approving employee settlements — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 4623; Once court-centered, lawyer work now chiefly keeps clients out of litigation — Lawrence M. Friedman and Grant M. Hayden, American Law: An Introduction, 1218; Corporate lawyers’ real value lay in transactional skill, not courtroom advocacy — Lawrence M. Friedman and Grant M. Hayden, American Law: An Introduction, 1228