when the attorney general is not a lawyer

Should attorneys general defend state laws?

Defending state laws is one of the primary duties of attorneys general, something they shouldn’t refuse to do, argues Greg Zoeller, a former AG in Indiana. He had to defend all kinds of laws he didn’t like, including the death penalty, which he opposes on religious grounds.

What is the role of the Attorney General?

The attorney general serves as the principal advisor to the president of the United States on all legal matters. The attorney general is a statutory member of the Cabinet of the United States .

What is the origin of the term Attorney General?

In regard to the etymology of the phrase Attorney General, Steven Pinker writes that the earliest citation in the Oxford English Dictionary is from 1292: "Tous attorneyz general purrount lever fins et cirrographer" (All general attorneys may levy fines and make legal documents).

Who is the most recent US Attorney General to die?

The most recently serving attorney general to die was Janet Reno on November 7, 2016 (served 1993–2001, born 1938). U.S.C. Title 28, §508 establishes the first two positions in the line of succession, while allowing the attorney general to designate other high-ranking officers of the Department of Justice as subsequent successors.

What is an attorney general?

Attorneys-General in common law jurisdictions, and jurisdictions with a legal system which is partially derived from the common law tradition, share a common provenance.

Who is the Attorney General of Australia?

The Attorney-General is the minister responsible for legal affairs, national and public security, and the Australian Security Intelligence Organisation. Michaelia Cash is the current Attorney-General.

What is the main legal advisor to the government?

In common law jurisdictions, main legal advisor to the government. In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have executive responsibility for law enforcement, ...

What is the role of the Attorney General of Kenya?

In Kenya the Attorney General is the Principal Legal Adviser to the Government and ex officio Member of Parliament and Cabinet. His duties include the formulation of legal policy and ensuring proper administration of Kenya's legal system including professional legal education. Assisting the Attorney General in the performance of his duties as Principal Legal Adviser to the Government are:

What is the mission of the Attorney General of Ireland?

The Mission of the Office of the Attorney General is to provide the highest standard of professional legal services to Government, Departments and Offices. The Attorney General of Ireland is the legal adviser to the Government and is therefore the chief law officer of the State.

When was the Attorney General of Tonga established?

The office of Attorney General was established in Tonga in 1988, and was held jointly with the portfolio of Justice Minister until the two were separated in 2009. The Attorney General is defined as the "Chief Legal Advisor to Government".

Who is a power of attorney?

The term was originally used to refer to any person who holds a general power of attorney to represent a principal in all matters. In the common law tradition, anyone who represents the state , especially in criminal prosecutions , is such an attorney.

What is the role of an attorney general?

As chief legal officers of the states, commonwealths, District of Columbia, and territories of the United States, the role of an attorney general is to serve as counselor to state government agencies and legislatures, and as a representative of the public interest.

What is the People's Lawyer podcast?

The People’s Lawyer is a biweekly podcast from NAAG that explores the role of state and territory attorneys general as chief legal officers and their work protecting the rule of law and the U.S. Constitution.

What is the role of a public advocate?

Issuing formal opinions to state agencies. Acting as public advocates in areas such as child support enforcement, consumer protections, antitrust and utility regulation. Proposing legislation. Enforcing federal and state environmental laws. Representing the state and state agencies before the state and federal courts.

Why does the Attorney General defend state laws?

One reason the AG gets to defend state laws is that constitutional expertise resides in that office.

Why do lawyers refuse to defend state laws?

Attorneys general who refuse to defend state laws typically say it’s because those laws are unconstitutional, but Zoeller says that’s not their call to make. “The courts are empowered to make the decision of whether a law is constitutional or not,” he says.

Who is Alan Greenblatt?

Alan Greenblatt is a senior staff writer for Governing. He can be found on Twitter at @AlanGreenblatt.

How many states elect their attorney generals?

As Tollen noted, “Forty-eight of our state governors cannot fire their AG at will, so they can’t avoid justice through control of state prosecutors.” Forty-three states elect their attorney generals.

When was the Office of the Attorney General established?

The Office of the Attorney General was established in 1789 as part of The Judiciary Act of 1789 . The Act, among other things, established the makeup of the Supreme Court and its exclusive jurisdiction and also the lower court structure. One of the powers the Act gave to the Supreme Court, writs of mandamus, was the subject of the famous Supreme Court case, Marbury v. Madison. The Judiciary Act of 1789 also established the Office of the Attorney General.

What does the Justice Manual say about the rule of law?

. states that ‘the rule of law depends on the evenhanded administration of justice’; that the legal decisions ‘must be impartial and insulated from political influence’; and that the prosecutorial powers . . . must be ‘exercised free from partisan consideration.’

Is the Attorney General a quasi-judicial post?

As noted above, the “ history of the office suggests that the framers considered it a quasi-judicial post, independent from the president. Congress originally established the office with the Judiciary Act of 1789 . . . not the acts establishing executive departments.” The presidential appointment and Senate confirmation that appeared in the final bill were made “undoubtedly so that the AG would be appointed in the same way as federal judges — not as a statement of the office’s constitutional status.” But the Attorney General position was not explicitly part of the executive branch until 1870, as Cornell Clayton wrote, “In 1870, Congress codified this approach in the Department of Justice Act, making the AG the head of an executive department.”

Who has the constitutional latitude to shape how the Justice Department operates?

As Clayton concludes, “history reveals that Congress has the constitutional latitude to shape how the Justice Department operates.” A future Congress must tackle this task as soon as possible, to ensure that the DOJ and the Office of the Attorney General do not completely trample the independence required to uphold the rule of law.

Does Donald Trump care about law?

. . . Donald Trump is not skillful at persuading, bargaining with, or leading his administration. . . . He acts like he doesn’t care about law and has no respect for DOJ, FBI, and their pursuits. When Trump acts this way, he makes it harder for the DOJ and FBI to engage in appropriate accommodations to him at the margins.

Is law enforcement a constitutional republic?

. . . Governments that use the enormous power of law enforcement to punish their enemies and reward their allies are not constitutional republics; they are autocracies.

What is the difference between a lawyer and an attorney?

The major difference is that attorneys can represent clients in court and other legal proceedings, while lawyers cannot.

What is a lawyer?

A lawyer is someone who has been educated in the law and has completed law school. They can provide legal advice to others, but they cannot represent clients in court because they have not passed the bar exam. Some lawyers work under attorneys to gain experience in a law firm setting while preparing to take the bar exam. Others choose not to pursue a career as an attorney and work as a consultant or a government advisor without having to take the bar exam.

What is the role of an attorney?

In this role, an attorney can act as the legal representation for their clients in a court of law. Additional duties of an attorney include interpreting federal and state laws, apply ing their knowledge of the law to meet the needs of their clients and keeping careful records that outline their interactions with clients and other legal professionals.

What is the primary job of a litigation attorney?

Primary duties: A litigation attorney represents their clients in court cases, mediations, administrative law proceedings and arbitrations. They spend their time preparing to present cases in court, as well as reviewing past cases, preparing paperwork, meeting with new clients and handling complex legal needs.

What is the primary job of a legal officer?

Primary duties: A legal officer monitors all the legal affairs within an organization, handling both internal and external affairs and concerns. The main duties include providing legal advice, performing research, processing and developing legal documents and identifying potential risks to the organization. 2. Lawyer.

What is the job of a staff attorney?

Primary duties: A staff attorney works for a specific organization as a member of its staff and is responsible for managing the legal services needed by that company. Duties include performing analysis and research of legal issues and laws, providing training for professional development, managing contracts and employment agreements and protecting an organization's legal rights.

What is an LLM degree?

Another option is the Master of Laws (LLM) degree, which is an advanced certification that gives the holder credibility on a global scale. The curriculum of an LLM program depends on the university offering it.

How to prove that a lawyer did not owe a duty to a client?

The only practical way for a lawyer to demonstrate he or she did not owe a duty to a person claiming to be a client is to establish that the other person was never a client or that the lawyer's actions which are claimed to have been negligent occurred before or after the existence of the attorney-client relationship.

Why is it so hard to prove negligence against a lawyer?

Because of their complexity and expense ( the cost of expert witnesses) negligence claims against lawyers are often difficult prove. However, in the case of obvious errors (missed statute of limitations or failure to appear for trial), such cases can be justified and won.

How to prove professional negligence?

To prove a case of professional negligence against an attorney, the plaintiff must not only prove the existence of a duty and the breach of that duty (i.e., the lawyer's conduct fell below the standard of practice), the plaintiff must also show that the lawyer's conduct was the proximate (or direct) cause of the plaintiff's damages.

What is a duty upon us to act reasonably?

Examples of these duties are: (1) when driving an automobile, we have a duty to operate it in a reasonable and careful manner so as not to injure other people and property;

What is considered a lawyer's geographic location?

Finally, the lawyer's geographic location is taken into account because the standard of practice to be applied is the one for the "community" in which the lawyer practices.

What happens if a professional falls below the standard of practice?

If the professional's conduct falls above this standard of practice imaginary line, it is deemed to have not been negligent. If the professional's conduct falls below this. imaginary standard of practice line, the professional is deemed to have been negligent and may be liable to any person injured by his or her negligence.

What is the failure to fulfill these duties to others called?

The failure to fulfill these duties to others is called "negligence.". The law provides a remedy for people who are injured by the negligence of others - the civil lawsuit. Generally speaking, in order to prove a case of negligence in a civil court, the plaintiff must prove four elements: (1) duty; (2) breach of duty; (3) proximate cause;

Overview

Attorneys-general in common law and hybrid jurisdictions

Attorneys-General in common law jurisdictions, and jurisdictions with a legal system which is partially derived from the common law tradition, share a common provenance.
In Australia, the attorney-general is the chief law officer of the Crown and a member of the Cabinet. The Attorney-General is the minister responsible for legal affairs, national and public security, and the Australian Security Intelligence Organisation. Michaelia Cash is the current Attorney-General. …

Etymology

Similar offices in non-common law jurisdictions

External links