Part One: The Bar
第一部分：律師協會
The regulation of the legal profession is primarily the concern of the state, each of which has its own requirement for admission to practice. Most require three years of college and a law degreeEach state administers its own written examination to Exam, a day-long multiple-choice test, to which the state adds a day-long essay examination emphasizing its own law. A substantial fraction of all applicants succeed on the first try, and many of those who fail pass on a later attempt. In all, over forty thousand persons succeed in passing these examinations each year and, after an inquiry into their character, are admitted to the bar in their respective states. No apprenticeship is required either before or after admission. The rules for admission to practice before the federal court vary with the court, but generally those entitled to practice before the highest court of a state may be admitted before the federal courts upon compliance with minor formalities.
法律職業方面的規定主要是州來制定的，每個州均其自己的執業準入要求。大部分州都要求有三年的法學教育和法律學位。各州管理其各自的法律職業資格考試，該考試為一天的多項選擇題測試，此外各州另加一天側重考察有關本州法律的法律文書測試。大部分考生都能一次通過考試，即使沒通過的考生第二次考試也能考過。美國每年總共能有四萬名考生通過考試，經過品質審核后他們即可申請加入當地的律師協會。律師執業前后均不必經過實習。聯邦法院執業的準入規則與一般法院不同，但是一般來說，那些在州最高法院獲得準入執業的律師在辦完一些無關緊要的手續后即可獲準在聯邦法院執業。
A lawyer’s practice is usually confined to a single community for, although a lawyer may travel to represent clients, one is only permitted to practice in a state where one has been admitted. It is customary to retain local counsel for matters in other jurisdictions. However, one who moves to another state can usually be admitted without examination if one has practiced in a state where one has been admitted for some time, often five years.
一個律師的執業范圍通常僅限于一個地區，因為，盡管律師可以代表當事人到其他地區辦理事務，但是一個律師只能在其獲準開業的州內從事律師業務。通常是聘請當地律師處理來處理其他轄區內的事務。然而，如果一個律師已在一個州執業一段時間，通常是5年，當他移居到另一州的時候，通常不需要再通過該州的考試即可獲得執業準入。
A lawyer may not only practice law, but is permitted to engage in any activity that is open to other citizens. It is not uncommon for the practicing lawyer to serve on board of director of corporate clients, to engage in business, and to participate in public affairs. A lawyer remains a member of bar even after becoming a judge, an employee of government or a private business concern, or a law teacher, and may return to private practice from these other activities. A relatively small number of lawyers give up practice for responsible executive positions in commerce and industry. The mobility as well as the sense of public responsibility in the profession is evidenced by the career of Harlan Friske Stone who was, at various times, a successful New York lawyer, a professor and dean of the Columbia School of Law, Attorney General of the United State, and Chief Justice of the United States.
一位律師不只是從事律師業務，還可以從事其他公民的事宜。執業律師在其公司客戶里擔任董事、從事商業活動和參與公共事務也很常見。律師即使做法官，受雇于政府官員或商業公司，或當法學老師仍舊是律師協會的成員，而且他們也可以從這些其他的職業再轉做執業律師。只有相對很少一部分律師放棄律師執業而在工商業擔任責任重大的領導層職位。在律師職業的流動性和公共責任感的特征方面，哈蘭﹒菲斯克﹒斯通的職業生涯是個很好的例證，在不同時期，他曾先后是紐約州一位成功的律師、哥倫比亞大學法學院的院長、總檢察長和聯邦最高法院首席大法官。
There is no formal division among lawyers according to function. The distinction between barristers and solicitors found in England did not take root in the United States, and there is no branch of the profession that has a special or exclusive right to appear in court, nor is there a branch that specializes in the preparation of legal instruments. The American lawyer’s domain includes advocacy, counseling, and drafting. Furthermore, within the sphere broadly defined as the “practice of law” the domain is exclusive and is not pen to others. In the field of advocacy, the rules are fairly clear: any individual may represent himself or herself in court but, with the exception of a few inferior courts, only a lawyer may represent another in court. Non-lawyers are, however, authorized to represent others in formal proceedings of a judicial nature before some administrative agencies. The lines of demarcation are less clear in the areas of counseling and drafting of legal instruments, as for example between the practice of law and that of accounting in the field of federal income taxation. However, the strict approach of most American courts is indicated by a decision of New York’s highest court that a lawyer admitted to practice in a foreign country but not in New York is prohibited from giving legal advice to clients in New York, even thought the advice is limited to the law of the foreign country where the lawyer is admitted. A foreign lawyer may, however, be admitted to the bar of one of the states and may, even without being admitted, advise an American lawyer as a consultant on foreign law.
律師之間并沒有職能方面的正式劃分。英國的訴訟律師和非訴律師的區分在美國并不存在，在律師職業中并不是說只有部分律師有出庭訴訟的特有或專屬權，也不是部分律師只從事法律文件的準備工作。美國律師的執業領域包括代理訴訟、提供法律咨詢和起草法律文件。而且，在廣泛地被人們稱為“律師事務”的范圍內，執業領域是特定且不對外公開的。在訴訟領域，規則是相當的清晰：每個人均可代表他/她自己出庭，但是在少數基層法院只有律師能代表當事人出庭。非律師也可被授權代理其他人參加行政機關的一些司法性質的正式程序。特別是在聯邦稅收方面，律師和會計師在提供咨詢和起草法律文件方面的界限則更不明顯。但是，美國大多數法庭都遵循紐約最高法院的一個判例所確認的嚴格的規則，即外國的執業律師若沒有在紐約獲得執業準入則不允許向在紐約的客戶提供法律意見，即使這個法律意見僅限于該律師所執業的國家的法律。然而，一個外國律師可以申請加入一個州的律師協會，而且即使未獲準執業，也可以給一個美國律師提供有關外國法方面的咨詢。
Part Two: Lawyers in Private Practice
第二部分：私人執業律師
Among these fifteen lawyers in practice, nine, a clear majority, are single practitioners. The remaining six practice in law firms, which are generally organized as partnerships. Four or five of these six are partners and the others are associates, a term applied to salaried lawyers employed by a firm or another lawyer. This trend toward group practice is of relatively recent origin. Throughout most of the nineteenth century law practice was general rather than specialized. Its chief ingredient was advocacy rather than counseling and drafting, and the prototype of the American lawyer was the single practitioner. Marked specialization began in the later part of that century in the large cities near the financial centers, With the growth of big business, big government and big labor, the work of the lawyer accommodated itself to the need of clients for expert counseling and drafting to prevent as well as to settle dispute, The best lawyers were attracted by this work and leadership of the bar gravitated to persons who rarely if ever appeared in court and who were sought after as advisors, planners, and negotiators. Today the lawyer regards it as sound practice to be continuously familiar with clients’ business problems and to participate at all steps in the shaping of their policies. Major business transactions are rarely undertaken without advice of counsel.
在十五個執業律師中，能有九個（大多數）都是單獨開業者。其他六個在律師事務所執業，這些律所通常是合伙制的。6個律師中的4-5個是合伙律師，其他的是非合伙律師，他們一般是受雇于律所或律師的工薪律師。這種律師聯合執業是近些年來所形成的趨勢。在整個19世紀的大部分時期律師業務是一般化的而非專業化的，律師的主要業務是出庭訴訟而不是提供咨詢和起草法律文書，美國律師最初都是單獨開業者。19世紀后期一些大城市的金融中心附近，律師業務開始呈現出顯著的專業化，隨著商業膨脹、政府擴張以及勞動力的增多，律師也開始調整自己的業務以便滿足客戶的除解決糾紛外的專業咨詢和起草法律文件以預防糾紛的需求，許多優秀律師被這些業務吸引，律師界的領導人物多為那些極少出庭（如果確曾出庭的話）的人和那些作為顧問、策劃者和談判者而深受歡迎的人。現在的律師認為保持了解客戶商業中的問題并參與到他們決策的過程是正常、合理的執業行為。大部分商業交易都要征詢律師的法律意見。
Part Three: House Counsel
第三部分：專職法律顧問
Out of every twenty lawyers, two are employed by private business concerns, such as industrial corporations, insurance companies, and banks, usually as house or corporate counsel in the concern’s legal department. The growth of corporations, the complex of business, and the multitude of problems posed by government regulation make it desirable for such firms to have in their employ persons with legal training who, at the same time, are intimately familiar with the particular problems and conditions of the firm. In large corporations the legal department may number one hundred or more. The general counsel , who head of office, is usually an officer of the company and may serve on important policy making committees and perhaps even on the board of directors。 House counsels remain member of the bar and are entitled to appear in court, though an outside lawyer is often retained for litigation. However, it is house counsel’s skill as advisor rather than as advocate that is a valued asset. Constantly in touch with the employer’s problems, house counsel is ideally situated to practice preventive law and may also be called upon to advise the company on its broader obligation to the public and the nation.
有十分之一的律師受雇于私人企業，如商業公司、保險公司和銀行，他們一般在這些公司企業的法務部做專職法律顧問。公司的發展、商業活動的復雜性以及政府頒布的法規帶來的諸多問題使得這些公司很有必要讓其員工接受法律培訓并且讓他們了解公司的特有問題和狀況。一些大公司法務部可能會有一百多人。法務部負責人法務總監也通常是公司的領導層，他們可能在重大決策委員會甚至董事會中任職。公司法律顧問仍是律師協會的成員，可出庭代表訴訟，盡管公司一般是聘請外部律師來解決訴訟。然而，法律顧問的主要職責是提供法律意見而非出庭訴訟，其法律意見是很有價值的。由于經常了解公司老板的問題，法律顧問主要從事預防性法律事務，也可能被要求建議公司注意更廣泛的公共義務和國家義務。
Part Four: Lawyers in Government
第四部分：政府部門中的律師
A parallel development has taken place in government and two out of twenty lawyers are now employees of the federal, state, county, and municipal governments, exclusive of the judiciary. Many of those entering public service are recent law graduates who find government salaries sufficiently attractive at this stage of their careers and seek the training that such service may offer as a prelude to private practice. Limitation on top salaries, however, discourages some from continuing with the government. The majority serves by appointment in the legal departments of a variety of federal and state agencies and local entities. The United States Department of Justice alone employs more than two thousands, and the Law Department of the City of New York more than four hundreds. Others are engaged as public prosecutors. Federal prosecutors, the United States attorneys and their assistants, are appointed by the President and are subordinate to the Attorney General of the United States. State prosecutors, sometimes known as district attorneys, are commonly elected by each county and are not under the control of the state attorney general. As a rule, lawyers in government are directly engaged in legal work, since law training is infrequently sought as preparation for general government service. However, a small but important minority that constitutes an exception to this rule consists of those who have been appointed to high executive positions and those who have been elected to political office. Though the participation of lawyers in government has declined recently, for two centuries lawyers have made up roughly half of the Congress of the United States and of the state governors. These figures bear out the comment of Chief Justice Stone that, “No tradition of our profession is more cherished by lawyers than of its leadership in public affairs.”(Over)
在政府部門中也呈現出相似的發展，有十分之一的律師受雇于聯邦、州、縣和市政府，法官除外。從事這些公共法律服務的大部分律師都是法學院的畢業生，對他們來說在政府部門工作的工資在他們執業生涯的剛開始階段相當的誘人，而且尋求這種工作可提供的鍛煉可作為私人開業的前奏。然而，對高薪水的限制讓他們中一些人放棄繼續在政府中的工作。大部分律師都是受任命在聯邦和州的一些代表處和當地團體中任職。僅美國司法部就雇傭兩千多名律師，紐約市的法律部也雇傭四百多名律師。其他律師則作為公訴檢察官。聯邦檢察官、國家檢察官和他們的助理檢察官都是由美國總統任命的，并隸屬于美國司法部。州檢察官，有時候被稱為地區檢察官一般是由各州選舉產生且不受其州檢察長管轄。通常的規則是政府部門中的律師直接從事法律工作，因為很少為他們提供法律培訓以讓他們參與日常政府服務。但是，構成對此規則之例外的有雖少但很重要的一小部分人，包括那些被任命擔任高級行政職務的人和那些被選舉擔任政治性官職的人。近年來雖然律師在政府部門工作的有所減少，但這兩個世紀以來律師卻占了美國國會和州政府官員中大約一半的職位。這些數字印證了首席大法官休斯的那句評論：“在我們的職業傳統中，沒有一個能像其擔任公共事務領導的傳統那樣受到律師們的鐘愛的。”
