Chapter 6 Lawyers

Lawyers by the Numbers There are more than one million lawyers, also referred to as “Attorneys” in the US today More than 70% of them are in private practice Around 10% are government lawyers for local, state, and federal agencies

Lawyers by the Numbers Continued… Hey, That’s like ME!!! Another 10% work for corporations, unions, or trade associations A small number of lawyers work for public interest or legal aid organizations An even smaller number are law professors, judges, or elected officials

Realities of Lawyers Contrary to popular belief, most lawyers rarely go to court Most “practice law” by: Giving Legal Advice Drafting Legal Opinions Negotiating Settlements Or Otherwise Providing Out-of-Court legal assistance

Litigators Some lawyers do go to court The lawyers that go to court are called “trial attorneys” or “litigators” Litigators are attorneys who go to court to represent their clients or the government as prosecutors.

Litigators in Action In civil case, lawyers act as advocates for their clients’ positions In criminal cases, the lawyer for the defendant has a duty to do everything possible- without violating a code of professional ethics- to secure the release and acquittal of his or her client

Situations when you would need a lawyer… Buying or selling a home or other real estate Organizing a business Changing your family status (marriage, divorce, adoption, etc) Making a will or estate planning Handling accidents involving personal injury or property damage Signing a large or important contract Defending a criminal charge or bringing a civil suit

Becoming a lawyer Taking the Law School Admission Test (LSAT) Complete a 4 year degree or Bachelor’s of Arts in: History Law Prelaw Sociology Some other social science applicable to a law degree Taking the Law School Admission Test (LSAT) Completing a Law School (Usually 3 Years) Passing a state bar exam… Andddddddddddddddd…

Bar Associations (Becoming a Lawyer) Bar Associations are professional organizations that license lawyers to practice law within a state. Qualifications, again, include: Graduating from a law school Passing a “Bar Exam” Working within the state you seek your license from

What questions to ask your lawyer…. #1 What is your Lawyer’s fee? Is the client required to pay a flat fee or by the hour? Is a retainer, a down payment on the total fee they will charge their client, required? What about a contingency fee, in which the lawyer gets paid only if he or she wins your case?

What questions to ask your lawyer…. #2 Will there be a written agreement? What will it say? How often will you be billed? Will the lawyer tell you when the fee is going to exceed a certain limit?

What questions to ask your lawyer…. #3 Has the lawyer handled cases like this before? Are They Experienced in These Trials? Are They Experienced in This State, County, Town? Will This Lawyer Help You in Criminal AND Civil Trials?

What questions to ask your lawyer…. #4 Will the lawyer provide you with copies of all correspondence and documents prepared on your behalf? Where can you get copies? Will you be billed for duplicates? How fast can duplicates of documents be produced?

What questions to ask your lawyer…. #5 Will the lawyer keep you informed of any new developments in your case and talk to you in “plain English”? … or plain Spanish (is your lawyer bi-lingual)? Can they communicate with any new developments quickly? Do they have a 24 hour contact number for services?

Retainers and Contingency Fees One of the key questions you should ask a lawyer is “Will I have to pay a retainer?” This, again, is a down payment on all fees Fees for a lawyer can accumulate QUICKLY!!! Fees can be for research, court filings, trial time, etc etc etc Attorney’s can add to their fees with a contingency fee This is a percentage of whatever a client win or settles for in a case If the client loses… THEY… PAY… NOTHING! So this sucka better win!!!

Attorney- Client Privilege One of the key ideas of why people would trust their lives and well-being to lawyers is the concept of Attorney-Client Privilege. Attorney-Client Privilege is the right and duty to withhold information from others because of some special status or relationship of confidentiality These privilege include: Husband-wife Doctor- patient Attorney-client

Code of Professional Responsibility Canon 1- A lawyer should assist in maintaining the integrity and competence of the legal profession. Canon 2- A lawyer should assist the legal profession in fulfilling its duty to make legal counsel available Canon 3- A lawyer should assist in preventing the unauthorized practice of law

Code of Professional Responsibility Canon 4- A lawyer should preserve the confidences and secrets of a client aka _____________________________________ Canon 5- A lawyer should exercise independent professional judgment on behalf of a client Canon 6- A lawyer should represent a client completely

Code of Professional Responsibility Canon 7- A lawyer should represent a client zealously within the bounds of the law Canon 8- A lawyer should assist in improving the legal system Canon 9- A lawyer should avoid the appearance of professional impropriety

“Working with an attorney also involves making decisions “Working with an attorney also involves making decisions. A good attorney will give you advice, but YOU must make the final decision. For example, you must decide whether to sue, or not to sue, or whether to accept, or reject, a settlement. The attorney’s job is to help you understand what is going on so that you can make informed decisions. You, in turn, should ask questions needed to clarify things You may discharge your lawyer if your dissatisfied, easily before a trial, but increasingly hard during a trial.”

DisBARREDDDDDDDDDDDDD… In almost every state, a lawyer must pass an examination to become a member of the state bar association Lawyers who violate standards of conduct (seen earlier) may be reprimanded… Disbarred- The ultimate penalty of punishment for attorneys is being disbarred, where they no longer have the license to practice law.

Legal Malpractice In recent years, there has been a great deal of concern about the conduct of lawyers A client who has serious complaints that cannot be worked out with his or her attorney can report the problem to the local or state bar association. Legal Malpractice- Like other professionals, lawyers can be sued by clients for serious errors that result in injury or loss. In the legal world this is Legal Malpractice