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Law and Justice: Chapter 6

Law and Justice: Chapter 6. Lawyers. Lawyers. What is a Lawyer Someone who argues points of law for a client Litigator – trial lawyer 65% of all lawyers are in private practice When do you NEED a lawyer? Many people wait until they are in trouble to seek the assistance of an attorney

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Law and Justice: Chapter 6

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  1. Law and Justice:Chapter 6 Lawyers

  2. Lawyers • What is a Lawyer • Someone who argues points of law for a client • Litigator – trial lawyer • 65% of all lawyers are in private practice • When do you NEED a lawyer? • Many people wait until they are in trouble to seek the assistance of an attorney • Consider consulting a lawyer in the following instances: • Buying or selling a home or other real estate • Organizing a business • Changing your family’s status (divorce; adoption etc.) • Making a will or planning an estate • Signing a large or important contract • Handing accidents involving personal injury or property damage • Defending a criminal charge or bringing a civil suit

  3. Lawyers • How do you FIND a lawyer? • Referrals, yellow pages, advertisements, or the Martindale-Hubbell Law Directory in the local library • Fee Breakdown • Retainer – money given to a lawyer in advance for services • Contingency – lawyer only paid if they win, usually a percentage • Legal Aid Organizations • Provide funds to those who could not normally pay for an attorney in civilmatters • Different from Public Defenders • Paid by a government to defend people unable to pay in criminal matters

  4. Lawyers • Regulations • Bar Association • Organizations that license lawyers • Malpractice • You can sue a lawyer for errors that result in injury or loss • Disbarred or Suspended • Lawyers have a code of ethics or Code of Professional Responsibility– see Problem 6.3 • Violations of the canons can result in disciplinary action • Disbarred means the lawyer no longer has a license to practice • Suspended means they give up their right to practice for a set period of time

  5. Lawyers • What to ASK your lawyer • What is the lawyers fee? • Flat fee, by the hour, is a retainer required? What about a contingency fee? (lawyer only gets paid if they win) • Will there be a written fee agreement? • What will it say? How often will you be billed? Will you be told when the fee exceeds a certain limit? • Has the lawyer ever handled cases like this before? • If so, what were the results? • Will you be provided 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”?

  6. Lawyers • Working with your lawyer • TRUST is the foundation of the attorney client privilege • This is Attorney – Client Privilege • It encourages a client to speak freely • Information can only be released with your permission • All information is confidential • Attorney’s give you advice • Final decision on what to do is still yours • Lawyers must follow codes of conduct • Code is enforced by a state bar association • Violations can result in a lawyer being disbarred (losing their license) • Legal Malpractice • Suing a lawyer for serious errors that result in injury or loss

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