The Multifaceted Roles of a Legal Representative: Advisor, Agent, and Advocate
Legal representatives are not a monolithic group. They perform a wide range of functions, from giving advice and drafting documents to advocacy. Their work spans many fields, including public policy, civil and criminal cases, property disputes, and public relations.
Below are some of their key activities.
Key Responsibilities and Functions of Your Legal Counsel
Providing Essential Legal Advice and Guidance
Lawyers provide advice on many topics. Their specialization dictates their expertise, which can include property disputes, family matters, civil issues, or criminal charges. This advice comes from years of study and practice.
When acting as an advisor, their counsel is not binding. Therefore, consulting a lawyer is often the best first step when a serious issue arises.
Lawyers also have contacts in many other fields. This makes them a good resource for non-legal issues. For example, they might know of specific adoption agencies or welfare programs. If a matter falls outside their specialty, they can refer clients to another qualified representative.
Acting as Your Legal Agent and Intermediary
You can use a legal representative as an agent to facilitate transactions. A property buyer, for instance, might purchase through their lawyer to remain anonymous and avoid hassle. This approach also ensures the transaction is handled with a lawyer’s prudence.
Firms often send lawyers to negotiate mergers for similar reasons. Granting a “Power of Attorney” empowers them to act in your best interests. They can then engage in necessary transactions using their own judgment. Use this power cautiously. However, lawyers must follow strict professional standards, making them safer intermediaries.
Drafting and Interpreting Legal Documents as Your Draughtsman
Drafting legal documents like wills or sale deeds is difficult for a layperson. Legal representatives have the experience to draft and interpret these papers correctly. Hiring one ensures your documents consider all contingencies and avoid loopholes.
They can also help with filing documents and explain relevant fees and procedures.
Serving as a Strategic Advocate in and Out of Court
People traditionally see lawyers as courtroom advocates. This is true, but it ignores the extensive groundwork. Advocacy involves a complex process of investigation, document inspection, and preparation.
Lawyers first attempt to negotiate an out-of-court settlement. This saves time and money for everyone. If negotiations fail, they proceed to adversarial litigation.
During a case, they perform all their other functions. They advise clients, facilitate communication, and draft necessary court documents. In the courtroom, they present evidence and arguments. They also prepare witnesses and strive to influence the judge’s decision.
Facilitating Resolution as a Mediator and Legal Advisor
Mediation is a form of Alternative Dispute Resolution (ADR). Lawyers can aid here by providing legal perspectives and advice without creating binding obligations. This process helps parties find mutually beneficial solutions and avoid the high cost of prolonged litigation.
Driving Social Change Through Public Interest Litigation (PIL)
Recent relaxations in locus standi rules allow lawyers to tackle social issues through Public Interest Litigations (PILs). Many landmark judgements, like the Sabarimala case, began as PILs.
Legal representatives also assist NGOs. They help them secure funding, make sound legal decisions, and represent them at lower costs.
Choosing the Right Legal Professional for Your Needs
Choose your legal representative carefully. Consider their specific field of expertise. A lawyer specializing in family law may not be the best choice for a contract issue. Always check a lawyer’s qualifications to ensure they are the right person for your needs. Exercise caution when selecting representation.
