Chapter 6 Lawyers

Key terms Legal malpractice Contingency fee Bar association Legal aid organization Retainer Litigator Public defender Code of Professional Responsibility Attorney-client privilege Disbarred Acquittal

Lawyers Most lawyers rarely go to court Trial attorneys that go to court – litigators Give advice Draft legal opinions Negotiate settlements Provide our-of-court legal assistance Civil Case Lawyers act as advocates for their clients Criminal Case Lawyer has duty to secure release and acquittal (not guilty verdict) of client

How many Presidents were lawyers? #2 — John Adams #3 — Thomas Jefferson #4 — James Madison #6 — John Quincy Adams #7 — Andrew Jackson #8 — Martin Van Buren #10 — John Tyler #11 — James Polk #13 — Millard Fillmore #14 — Franklin Pierce #15 — James Buchanan #16 — Abraham Lincoln #19 — Rutherford Hayes #21 — Chester Arthur #22 — Grover Cleveland #23 — Benjamin Harrison #25 — William McKinley #27 — William Howard Taft #28 — Woodrow Wilson #30 — Calvin Coolidge #32 — Franklin Roosevelt #37 — Richard Nixon #38 — Gerald Ford #42 — Bill Clinton #44 — Barack Obama 25

When do you need a lawyer?  Before a problem arises (Preventive advice)  Buying or selling a home/real estate  Organizing a business  Divorce/adoption  Making a will  Signing a large/important contract  Personal injury/property damage accidents  Defending a criminal charge  Bringing a civil suit

How do you find a lawyer?  Through recommendations  Employer  Members of clergy  Business people  Yellow pages  Martindale-Hubbell Law Directory  Local lawyer referral service  1977 U.S. Supreme Court ruled lawyer advertisement were protected by First Amendment’s Freedom of Speech Clause  Advertisement enable legal clinics

Lawyer Fees  Retainer – a down payment on total fee  Contingency – a percentage of winnings/settlement.  Typical fee is 1/3 of amount awarded  If you lose case, client pays nothing (just court fees)

Working with your lawyer  Trust is important between client and lawyer  Attorney needs to know everything  Law grant attorney-client privilege  What ever you tell attorney is private and confidential  Cannot be disclosed without client’s permission  You make the final decision  You can fire the attorney, with judges approval if case is already in court.

Standards of Conduct  Code of Professional Responsibility  Enforced by state bar association  If lawyer violates  disbarred (no license to practice), reprimanded, suspended  Clients can file a malpractice suit (serious errors that result in injury or loss)

Code of Professional Responsibilities  Nine Canons – principles  Broken down by:  Ethical considerations  Disciplinary rules  Read the canons on pg. 70 of the textbook

END OF CHAPTER 6