1 Roles of Legal Professionals Legal Professional –Judges –Attorneys/Lawyers –Paralegals/Legal Assistants –Law Clerks –Legal Secretary –Others

2 Types of Judges Appellate –Part of a Panel –Reviews Trial Court Proceedings Trial –Determines and applies legal standards Administrative Law Judge (A.L.J.) –Like a trial judge –Presides over individual vs Administrative Agency Disputes

3 About Attorneys Education (4 year Bachelor’s degree, Law school) Training and Licensure (Bar Exam) Required Permitted to Practice Law by the State Performs Legal Analysis and gives legal advice Advocate for client Rules prohibiting Unauthorized Practice of Law

4 Types of Attorneys Partner/Shareholder Managing Partner Associates Staff Attorney Of Counsel (Rainmaker?) Managing Attorney Corporate Law Department In-house Counsel Senior Partner

5 Types of Law Practices Corporate Law Government Practice Legal Aid Offices Private Practice –Each has own style, methods, clients, culture –33% are sole practitioners –Boutique firm

6 Paralegal Also known as Legal Assistant Legally trained and educated Assumes many of the Attorney’s Tasks –Legal Writing –Research –Document and pleading preparation –Investigation –Client and Witness interview –Does not give legal advice nor does he/she advocate

7 Support Personnel Billing Clerk Manages accounts, client funds and billing Filing Clerk Maintains files and confidentiality Law Clerk Legal research and writing functions Law Office Administrator Manages business affairs of organization Office Clerk File, calendar, copy, mail

8 More Support Personnel Legal Secretary Performs clerical functions Legal Investigator Collects information for cases Librarian Maintains law library Receptionist Greeting visitors, scheduling and telephone routing Expert Witness Litigation Support Consultant

9 Ethical Standards Guideposts for Attorney/client Relationship Type of Moral Code Common Obligation of Judges and Lawyers –Competency –Conflict of Interest –Confidentiality

10 Unauthorized Practice of Law Give Legal Advice –Take facts and apply the law to a case Appear on behalf of client Without a License to Practice Law

11 What is Legal Advice? If a person applies knowledge of the law to the facts of a case and renders an opinion, it is legal advice.

12 Legal Advice Is: Recommending a course of conduct Evaluating a case Predicting a case’s outcome Suggesting a course of action Explaining rights or obligations Interpreting statutes or legal documents.

13 Preserve Confidentiality Do not discuss a case outside of the office or near the view of other clients or others not affiliated with the firm Keep client files out of the view of other clients or others not affiliated with the firm Keep door closed while in a meeting with a client Do not accept a call from a client while in conference with another client Do not have a document relating to a client’s case on your computer while meeting with a client. Close the file or use a screen saver.