Law and Justice: Chapter 6 Lawyers

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

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

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

Lawyers What to ASK your lawyer What to ASK your lawyer What is the lawyers fee? 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) 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? 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? 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? Has the lawyer ever handled cases like this before? If so, what were the results? If so, what were the results? Will you be provided with copies of all correspondence and documents prepared on your behalf? 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”? 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 Working with your lawyer TRUST is the foundation of the attorney client privilege TRUST is the foundation of the attorney client privilege This is Attorney – Client Privilege This is Attorney – Client Privilege It encourages a client to speak freely It encourages a client to speak freely Information can only be released with your permission Information can only be released with your permission All information is confidential All information is confidential Attorney’s give you advice Attorney’s give you advice Final decision on what to do is still yours Final decision on what to do is still yours Lawyers must follow codes of conduct Lawyers must follow codes of conduct Code is enforced by a state bar association Code is enforced by a state bar association Violations can result in a lawyer being disbarred (losing their license) Violations can result in a lawyer being disbarred (losing their license) Legal Malpractice Legal Malpractice Suing a lawyer for serious errors that result in injury or loss Suing a lawyer for serious errors that result in injury or loss