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LAWYERS AND LITIGANTS.  Prosecuting and defense attorneys (criminal)  Plaintiffs’ and defense attorneys (civil)  Groups and individuals represented.

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Presentation on theme: "LAWYERS AND LITIGANTS.  Prosecuting and defense attorneys (criminal)  Plaintiffs’ and defense attorneys (civil)  Groups and individuals represented."— Presentation transcript:


2  Prosecuting and defense attorneys (criminal)  Plaintiffs’ and defense attorneys (civil)  Groups and individuals represented

3  Laws created and administered by tribal leaders  Informal and ad hoc decision-making  Lack of court systems and attorneys  Cases presented by orators

4  Advanced agrarian and early industrial societies  Emergence of police, judge, and attorney roles  Attorneys trained through tutelage and apprenticeships  U.S. system mirrored British system  Emergence of law schools in late 1700’s and early 1800’s

5  Institutionalized and formal legal training  University education required  Bar exam must be passed for law license  200 ABA-accredited law schools  38 unaccredited law schools  Attorneys find employment in a wide variety of settings

6  Practicing Attorneys  74% in private practice  Government agencies or private industry  Judges and legal educators  Legal aid or public defenders  Nationwide trend toward larger firms  Appealing earning potential  Variation based upon location, firm size, field of law  Median salary is $110,590  Large demand for attorneys and legal services

7  2,344 prosecutors offices  78,000 employees nationwide  Represent the people of the state in some misdemeanor and all felony criminal cases

8  Variance in title and job responsibilities  Represent the people in bringing charges against criminal defendants  Responsibilities  Receive cases from law enforcement  Review cases for legal sufficiency  Case screening  Area of tension between law enforcement and prosecutors  Advise grand jury  Try criminal cases throughout all stages of judicial proceedings

9  U.S. Department of Justice and Attorney General  Cases from the District of Columbia  Cases from the Office of Civil Rights  United States Attorneys  Handle most federal prosecutorial work  Appointed by the President and confirmed by the Senate  Serve at the pleasure of the President and Attorney General  Responsibilities  Prosecution of cases brought by the U.S. government  Handle civil cases in which the federal government is a party  Collect administratively uncollectable debts owed to the government

10  Counsel clients  Develop legal strategies  Act as mediator and negotiator  Judges  Clients  Prosecuting attorneys  Give case appraisals  Promote justice

11  Less appealing clientele  Potential for poor reputation  Wide variety of compensation  Lower pay than civil attorneys  Stratification  Law firm  Practice  Background

12  Guaranteed by the 6 th Amendment  Extends only to criminal cases  Applicable to the states (Powell)  Applies to all felony cases (Gideon)  Applies to all cases where there is a possibility of incarceration (Argersinger)  Applies at all critical stages of criminal proceedings (United States v. Wade)

13  Private Retention  Public Defenders  Voucher Systems  Assigned Counsel  Contract Systems  Legal Clinics  Legal Aid Societies

14  Attorney is selected by the defendant  Expenses are paid out of pocket  Used by those with financial resources

15  Government attorneys provide legal services to indigent defendants  Criteria for eligibility  Income level  Public assistance  Ability to post bond  Federal poverty guidelines  Judge’s discretion  State and federal public defenders  Features  Smaller office staff  Recent law school graduates  High rate of attorney turnover  Little difference in case outcome

16  Indigent defendants are issued a voucher worth a certain amount  Defendant selects an attorney who will accept the voucher  Gives the defendant the ability to choose their own attorney

17  Dominant form of legal defense  Case appointment from a list of private attorneys  Attorneys paid a flat fee or by billable hours  Variety in quality of representation  Panel attorneys are utilized in federal courts

18  Attorneys contract with a funding source  Provide court-appointed legal representation  Either stand-alone systems or in conjunction with public defender  Handle overflow or conflict cases for public defender

19  Operate within law schools  Second and third year students represent clients  Selected legal matters  Cases are supervised

20  Coordinate time donated by lawyers  Pro bono legal work  Concern with undermining other lawyers’ earnings

21  No evidence that one method of selection is better than another  Little difference in case outcome for appointed or privately retained attorneys  No definite criteria for attorney competence  Factors for attorney competence assessment  Defendant must be able to point to a specific procedural error  The action or failure to act must prejudice the case’s outcome

22  More appealing cases  More financially rewarding

23  Frequency with which parties appear in court  One-shotters: litigants that file suit once or very infrequently  Repeat players: litigants that frequently have business in court and file lawsuits often  Number of parties involved in the dispute

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