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UNIT 1 – INTRO TO LAW

UNIT 1 – INTRO TO LAW. Section 3: Lawyers. When do you need a lawyer?. It depends on the individual and situation Not all disputes need lawyers involved or even go to trial. Solving Disputes. Step 4 Arbitration. Step 3 Mediation Introduction Telling the Story

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UNIT 1 – INTRO TO LAW

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  1. UNIT 1 – INTRO TO LAW Section 3: Lawyers

  2. When do you need a lawyer? • It depends on the individual and situation • Not all disputes need lawyers involved or even go to trial

  3. Solving Disputes • Step 4 • Arbitration • Step 3 • Mediation • Introduction • Telling the Story • Identify positions and interests • Identify alternative solutions • Revising and discussing solutions • Reaching an agreement • Step 1 • Informal Talk • Step 2 • Negotiation • Less Formal • Just the disputants settle things • Not legally binding • Step 5 • Court Action • More formal • Many people involved • Enforced by the courts

  4. What to ask a lawyer? • What is the lawyer’s fee? • Will there be a written fee agreement? • Has the lawyer ever handled cases like yours before? • Will the lawyer provide you with copies of all correspondence and documents prepared on your behalf? • Will the lawyer keep you informed of any new developments in your case and talk to you in “plain English”?

  5. Lawyer Fees • Retainer - down payment on the total fee. • Contingency fee – percentage of whatever amount the client wins/settles for.

  6. Working with a lawyer • Attorney-client privilege • Whatever you tell your attorney about your case is private and confidential. Information can not be disclosed to anyone without your permission. • A good attorney will give you advice • You must make the final decision • An attorney’s job is to help you understand what is going on • So that you can make an informed decision • You should ask questions to clarify

  7. Lawyer Code of Ethics • A lawyer should assist in maintaining the integrity and competence of the legal profession • A lawyer should assist the legal profession in fulfilling its duty to make legal counsel available. • A lawyer should assist in preventing the unauthorized practice of law. • A lawyer should preserve the confidences and secrets of a client. • A lawyer should exercise independent professional judgment on behalf of a client. • A lawyer should represent a client completely. • A lawyer should represent a client zealously within the bounds of the law. • A lawyer should assist in improving the legal system. • A lawyer should avoid the appearance of professional impropriety.

  8. Dismissing a lawyer • You may discharge your lawyer if you are not satisfied • Once in court, a judge will permit this change only for a very good reason.

  9. A lawyers’ job: Defense or Prosecution Defense Prosecution • Protect the rights of the convicted individual • Prove the defendant to be innocent of charges • Attempt to get lowest punishment for the defendant • Protect the rights of the wronged/harmed individual • Prove the defendant to be guilty of charges • Attempt to get the strongest punishment for the convicted individual

  10. Lawyer Vocab. • Disbarred – license to practice law is revoked • Violation of standards of conduct • May be reprimanded, suspended, or disbarred • Once disbarred, a lawyer no longer has a license to practice law • Legal malpractice– attorney lawsuit for serious errors that result in injury or loss to a client. • Filed by the client against their lawyer.

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