Legal Definitions - common lawyer

A common lawyer refers to a legal professional whose practice is primarily rooted in the common law system, which is based on judicial precedent (decisions made by judges in previous cases) rather than solely on codified statutes. This term often distinguishes lawyers who engage in general practice, litigation, or areas heavily influenced by case law from those specializing in highly statutory fields (like tax law) or practicing in civil law jurisdictions.

• Example 1: Sarah is a lawyer who frequently represents clients in disputes over property boundaries and contractual agreements. Her work involves researching past court decisions to argue how similar cases were resolved, and applying those principles to her current clients' situations.

  Explanation: Sarah is a common lawyer because her practice heavily relies on common law principles, specifically the use of judicial precedent (case law) to resolve disputes in areas like property and contracts, which are foundational to the common law system.

• Example 2: Mark is a public defender who represents individuals accused of various crimes, from theft to assault. He spends much of his time in court, arguing motions, cross-examining witnesses, and presenting defenses based on established legal precedents and procedural rules developed through centuries of common law.

  Explanation: Mark's role as a litigator in criminal defense, where courtroom procedures, rules of evidence, and many substantive defenses are deeply rooted in common law tradition and judicial interpretation, makes him a common lawyer.

• Example 3: A small firm in a rural town handles a wide range of legal issues for its community, including drafting wills, advising on landlord-tenant disputes, and representing clients in minor civil lawsuits. The attorneys in this firm are often referred to as common lawyers.

  Explanation: The attorneys in this firm are common lawyers because they engage in a broad general practice that addresses everyday legal problems, many of which are governed by common law principles and established legal precedents, rather than focusing on highly specialized or purely statutory areas of law.