Research and drafting of court papers

Often, lawyers brief a court in writing on the issues in a case before the issues can be orally argued. They may have to perform extensive research into relevant facts and law while drafting legal papers and preparing for oral argument.

In England, the usual division of labour is that a solicitor will obtain the facts of the case from the client and then brief a barrister (usually in writing).

The barrister then researches and drafts the necessary court pleadings (which will be filed and served by the solicitor) and orally argues the case.

In Spain, the procurator merely signs and presents the papers to the court, but it is the advocate who drafts the papers and argues the case.

In some countries, like Japan, a scrivener or clerk may fill out court forms and draft simple papers for lay persons who cannot afford or do not need attorneys, and advise them on how to manage and argue their own cases.

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