When Do You Need a Lawyer?????

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Presentation transcript:

When Do You Need a Lawyer?????

Kinds of Lawyers Give advice (counsel) Draft legal opinions Negotiate settlement Provide out of court assistance Go to court: Trial Attorney or Litigator

Buying or selling a home or other real estate Organizing a business Changing your family status (adoption, divorce) Making a will or planning an estate Signing large or important contracts Handling accidents involving personal injury or property damage Defending a criminal charge or bringing a civil suit.

How do you find a lawyer? Ask for a recommendation In 1977 the Supreme Court ruled lawyers could advertise If you cannot afford a lawyer you may be eligible for free legal assistance (public defender) Referrals

What do you need to ask about fees? Lawyers cost money! How much does the lawyer charge per hour? How often will you be billed? Retainer: a down payment on the total fee Contingency fee: not per hour or lump sum; a percentage of whatever amount the client wins or settles for in the case (usually 1/3)

Working with your Lawyer You must be able to TRUST your attorney Attorney-Client Privilege: whatever you tell your attorney about your case is private and confidential Attorneys will give you advice, but YOU must make the final decisions. Legal Malpractice: the type of lawsuit brought against a lawyer for loss or injury to the client caused by the lawyer’s error or failure to meet acceptable standards of practice for the legal profession

Other Notes: A lawyer must pass an examination to become a member of a state bar Lawyers can be disbarred (no longer has a license to practice law) who violate the standards of conduct If you have issues with your lawyer, you can report the problem to your local or state bar association You can sue your lawyer for legal malpractice for serious errors that result in injury or loss.

Sample Bar Exam..Let’s take a look http://www.nybarexam.org/ExamQuestions/ExamQuestions.htm Ditto – Answer questions and hand in. Homework – Homework 3 will be handed out due on Friday. Thursday and Friday – working on computer lab assignment Monday – Wednesday – we will be lawyers and witnesses working on cases.