Chapter 6

When do you need a lawyer It is critical to know when to call an attorney It is not the job of law enforcement to advocate for you if you are being investigated It is not the job of a business or a private citizen to protect your rights in a business transaction Even attorneys call attorneys when needed Consult an attorney for… A major economic transaction with long-term financial commitment involving contracts Changing family status (divorce and adoption sometimes marriage too) Cases involving accident and personal injury Defending yourself in criminal or civil actions

When should you call an attorney? Problem 6.1 Liability for damaging a parked car? Insurance company attorneys should handle damage. If damages exceed your policy, you may need an attorney Borrow a friend’s car without his knowledge If explained to police before arrest… no; If arrested, you may need a lawyer to expunge a record Defective stereo Seek consumer protection or move up the store’s chain of command. File a claim with Magistrate. Attorney will cost more than the stereo

When should you call an attorney? Problem 6.1 Trading in car? No, but a good mechanic is important. Implicated in robbery? Sounds like you need new friends! You need an attorney- School suspension No 6 th Amendment Rights for a suspension If a Constitutional Right is being violated- contact the ACLU Yoder v. Wisconsin

When should you call an attorney? Problem 6.1 Turned down for a job because of a handicap? Seek mediation first though Equal Employment Opportunity Commission Then attorney if you seek a civil remedy Wills Have a lawyer write a will reflecting your interests Divorce? If rights and property are contested- Yes… Some divorce actions can be filed pro se (on your own behalf) Filing taxes? Usually no unless complication of trusts and estates

How to Find a Lawyer: How Lawyers Get Paid Personal injury lawyers are easy to find Aggressive advertising Best advice- a referral of a trusted friend Paid by claiming a share of the settlement 1/3 to 1/4 Criminal defense attorneys Often not as lucrative – less advertising Often require a retainer fee plus hourly rate Gideon Case- indigent criminal defendants entitled to counsel Public advocacy groups and pro-bono attorneys ACLU Environmental Defense Fund Legal Defense Fund

Working With Attorneys and Attorney Ethics Attorneys must not work where they have a conflict of interest- connections to the opposing party Example? Attorneys can not bring suit for frivolous or vexatious purposes Attorneys can be counter-sued for bringing suit Example? Attorney-Client privilege Information shared between attorney and client can not be subpoenaed (Forced as testimony) Lawyers who act outside this code may be disbarred- sued for legal malpractice

Lawyer’s Code of Professional Responsibility How do the situations on page 70 compromise the Lawyer’s code of professional ethics?

Lawyers in Society Using a copy of the Meadville Tribune, identify… Four items (news story, advertisement)that feature the work of attorneys Describe the role of the attorney in this item. Be as specific as possible