Lawyers: Advocates and Adversaries

1. Lawyers: Advocates and Adversaries Chapter 6

2. When do you need a lawyer • It is critical to know when to call an attorney • It is not the job of law enforcement to advocate for you if you are being investigated • It is not the job of a business or a private citizen to protect your rights in a business transaction • Even attorneys call attorneys when needed • Consult an attorney for… • A major economic transaction with long-term financial commitment involving contracts • Changing family status (divorce and adoption sometimes marriage too) • Cases involving accident and personal injury • Defending yourself in criminal or civil actions

3. When should you call an attorney? Problem 6.1 • Liability for damaging a parked car? • Insurance company attorneys should handle damage. If damages exceed your policy, you may need an attorney • Borrow a friend’s car without his knowledge • If explained to police before arrest… no; If arrested, you may need a lawyer to expunge a record • Defective stereo • Seek consumer protection or move up the store’s chain of command. File a claim with Magistrate. Attorney will cost more than the stereo

4. When should you call an attorney? Problem 6.1 • Trading in car? • No, but a good mechanic is important. • Implicated in robbery? • Sounds like you need new friends! • You need an attorney- • School suspension • No 6th Amendment Rights for a suspension • If a Constitutional Right is being violated- contact the ACLU Yoder v. Wisconsin

5. When should you call an attorney? Problem 6.1 • Turned down for a job because of a handicap? • Seek mediation first though Equal Employment Opportunity Commission Then attorney if you seek a civil remedy • Wills • Have a lawyer write a will reflecting your interests • Divorce? • If rights and property are contested- Yes… Some divorce actions can be filed pro se (on your own behalf) • Filing taxes? • Usually no unless complication of trusts and estates

6. How to Find a Lawyer: How Lawyers Get Paid • Personal injury lawyers are easy to find • Aggressive advertising • Best advice- a referral of a trusted friend • Paid by claiming a share of the settlement 1/3 to 1/4 • Criminal defense attorneys • Often not as lucrative – less advertising • Often require a retainer fee plus hourly rate • Gideon Case- indigent criminal defendants entitled to counsel • Public advocacy groups and pro-bono attorneys • ACLU • Environmental Defense Fund • Legal Defense Fund

7. Working With Attorneys and Attorney Ethics • Attorneys must not work where they have a conflict of interest- connections to the opposing party • Example? • Attorneys can not bring suit for frivolous or vexatious purposes • Attorneys can be counter-sued for bringing suit • Example? • Attorney-Client privilege • Information shared between attorney and client can not be subpoenaed (Forced as testimony) • Lawyers who act outside this code may be disbarred- sued for legal malpractice

8. Lawyer’s Code of Professional Responsibility • How do the situations on page 70 compromise the Lawyer’s code of professional ethics?

9. Lawyers in Society • Using a copy of the Meadville Tribune, identify… • Four items (news story, advertisement)that feature the work of attorneys • Describe the role of the attorney in this item. Be as specific as possible