Law and Society CJUS/POLS 102 Institutional Roles in the American Legal System

Roles 1. Attorney - depending on circumstances / needs of client - counselor / negotiator / litigator - involved in factual investigations a. Counselor - advise client how to order affairs - whether to proceed with a course of action - how to proceed with pending litigation or settlement

Roles b. Negotiator - opposing counsel / favorable resolution - both civil / criminal matters (1) Negotiates with opposing counsel - attempts to get best resolution (2) Client rights - retains right to accept / reject - settlement negotiated / offered by opposing party

Roles c. Litigator - pre-trial motions / pick jury - present evidence - witnesses / documents / etc - opening through closing statements (1) Trial attorney - used for criminal matters - used for civil matters (2) Specialize in certain area of law

Roles d. Fact investigator - investigation of relevant facts - locating / interviewing witnesses (1) Zealous advocate - advocate on client’s behalf - avoid conflicts of interest (2) Officer of the court - deal fairly / honestly - also with others

Roles (3) Ethical rules apply - issues conflict between client and ` court - favor role as advocate of client e. Prosecutor - representative of the court - working for the state -present case against accused

Roles (1) Review evidence - from police / defense - make recommendations (2) Interview - police / witnesses - file the case (3) Court process - pre-trial motions - opening through closing statements

Roles f. Public defender - representative of the court - working for the state (1) Legal representation - financially disadvantaged (2) Reviews reports - interviews witnesses - directs clients actions (3) Court process

Roles - pre-trial motions - opening through closing statements 2. Judge - final arbiter of law (trier of law) - charged with duty to state what the law is a. Trial - passive / referee role - makes evidentiary rulings - inform jury how law is to be applied - maintains order in courtroom

Roles (1) When parties agree - “trier of fact” - bench trial (2) Federal judges - appointed by president - “advice and consent” of senate (3) State judges - Washington state - elected / appointed

Roles 3. Jury - group of local citizens - fact-finder a. Receive instructions from judge - assess facts - according to law - return verdict 4. Witnesses - professional / lay - have some evidence to present

Roles 5. Attorney-Client relationship a. Law touches every aspect of life - cradle to grave - hospitals where born / schools attended - personal / professional relationships - security of funds / medical technology - funeral services b. Law enables us to protect ourselves - by bringing into court

Roles - the individual / school district / corporation / or government agency - that injured us / failed to prevent injuries c. Legal system controls all we do - developed by / functions for / controlled by lawyers (1) Most influential throughout history - 25 of 56: signed Declaration - 31 of 55: Constitutional Convention

Roles d. Held in distaste - by early colonists (1) After Revolutionary War - needed to legitimize a new America (2) Massachusetts colony (1740) : 15 lawyers (1 per 10,000) : 640 lawyers (1 per 1,000) (3) To become a lawyer:

Roles - 2 to 3 years as apprentice - ½ hour oral examination e. Development of law schools - late 19 th century: private law schools - replaced apprenticeships (1) 1878: American Bar Association - more professional - stringent standards - better educated

Roles (2) From “for profit” business = universities - undergraduate degree in law (a) Harvard’s Law Department - entrance exam for 1 yr. program : from 1 year to 2 years : 2 years to 3 years - early 1900s: graduate program (b) Law school students: - male / Anglo-Saxon / protestant

Roles - difficult for Irish / Italian / Jews - doors shut / bolted to women (c) Women excluded from state bar - until : only 3% women lawyers ( 3) 1873: woman challenged Illinois bar - denied access - appealed to US Supreme Court - white / male / protestant

Roles - response of court: “The paramount destiny and mission of women are to fill the noble and benign offices of wife and mother. This is the law of the creator.” (a) Slow process women admitted (b) Obstacles - Columbia University: Harvard: 1950

Roles f. Sandra Day O’Connor - Stanford, high grades - difficulty finding work g. Ruth Bader Ginsburg - Columbia, tied for first place in class - no offer from major NYC law firm (1) Women and law school - over half are law school students today

Roles ( 2) Most dramatic change in legal profession - growth (a) 1960: 286,000 lawyers (b) 1987: 690,000 lawyers (c) 1996: 911,000 lawyers (d) Today: 1.1 million - 1 per 300 population

Roles 6. Who can practice law? - must be licensed / member of state bar a. Education - 4-year degree - any major (prefer political science / law and justice / criminal justice / business) (1) LSAT - law school admissions test - state test

Roles ( 2) Law schools look at: - degree / grades / LSAT - school activities - community activities - college attended b. Specialization - first year: general law course work - second / third years: specialize c. State bar exam

Roles - pass bar of state - test in several states - most states: after 5 years of practice d. General vs. specialized practice - out of house - small firm (2 – 3 partners) - large corporate firm