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 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

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 civil matters

Different from Public Defenders Paid by a government to defend people unable to pay in

criminal matters

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

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”?

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