1. North Mason Chamber Candidate Night October 7, 2010 6 p.m. Theler Community Center ******************************************************************* To receive EXTRA CREDIT POINTS, you must To receive EXTRA CREDIT POINTS, you must Attend Attend Write a brief review of the event Write a brief review of the event Select one race Select one race Write a summary of what each candidate says Write a summary of what each candidate says What they say they will do What they say they will do How they answer questions How they answer questions Tell me who you would vote for in that race and why Tell me who you would vote for in that race and why

2. Lawyers What is a lawyer? When do you need a lawyer? How do you find a lawyer? Working with your lawyer

3. What is a LAWYER? A lawyer (also called attorney, counsel, counselor, barrister, or solicitor) is a licensed professional who advises and represents others in legal matters. Today's lawyer can be young or old, male or female. Nearly one-third of all lawyers are under thirty-five. Almost half the law students today are women, and women will probably ultimately be as numerous in the profession as men.

4. When do I need to contact a lawyer? There are matters best handled by a lawyer. Nearly everyone agrees that you should talk with a lawyer about major life events or changes, which might include: Being arrested for a crime or served with legal papers in a civil lawsuit; Being arrested for a crime or served with legal papers in a civil lawsuit; Being involved in a serious accident causing personal injury or property damage; Being involved in a serious accident causing personal injury or property damage; A change in family status such as divorce, adoption, or death; A change in family status such as divorce, adoption, or death; A change in financial status such as getting or losing valuable personal property or real estate, or filing for bankruptcy. A change in financial status such as getting or losing valuable personal property or real estate, or filing for bankruptcy.

5. The Car Crash (read page 68) Pair Up/Three Up Pair Up/Three Up Role-play the initial attorney-client interview between Marie and the attorney(s). Role-play the initial attorney-client interview between Marie and the attorney(s). Write out the dialogue that take place between Marie and her attorney(s) Write out the dialogue that take place between Marie and her attorney(s) ATTORNEY(s): ATTORNEY(s): Ask questions an attorney should ask a client Ask questions an attorney should ask a client CLIENT: CLIENT: Provide the attorney with all necessary information Provide the attorney with all necessary information Ask all the questions that are relevant to Marie’s case Ask all the questions that are relevant to Marie’s case Decide if you should retain that attorney Decide if you should retain that attorney

6. When do you need a lawyer? When you are buying or selling a home When you are buying or selling a home When you are organizing a business When you are organizing a business When you are changing family status When you are changing family status When you are making/changing a will When you are making/changing a will When handling accidents involving personal injury or property damage When handling accidents involving personal injury or property damage When signing a large or important contract When signing a large or important contract When defending a criminal charge When defending a criminal charge When bringing a civil suit ($5000 or less) When bringing a civil suit ($5000 or less)

7. ?Do you need an Attorney? You hit another car in a parking lot. Your insurance agent indicates that the company will pay for bodily injury and property damage. You hit another car in a parking lot. Your insurance agent indicates that the company will pay for bodily injury and property damage. You borrow a friend’s car without his knowledge, and he reports it to the police as stolen. You borrow a friend’s car without his knowledge, and he reports it to the police as stolen. You buy a new stereo for $500. One month later, the receiver and speakers blow out. Your return to the store, and the salesperson tells you he is sorry but his stereos only have a 2 week guarantee. You buy a new stereo for $500. One month later, the receiver and speakers blow out. Your return to the store, and the salesperson tells you he is sorry but his stereos only have a 2 week guarantee. You decide to trade in your old car and buy a new one. You decide to trade in your old car and buy a new one. Two friends are caught robbing the cashier at a local store, and they name you as one who helped plan the robbery. Two friends are caught robbing the cashier at a local store, and they name you as one who helped plan the robbery. The principal suspends you from school for two days because of an article you wrote for the student newspaper criticizing the school dress code. The principal suspends you from school for two days because of an article you wrote for the student newspaper criticizing the school dress code. You are turned down when you apply for a job. You think you were rejected because you are deaf. You are turned down when you apply for a job. You think you were rejected because you are deaf. You do not want your family to inherit the $10,000 you have saved. Told you will die within a year, you want the money to be used for cancer research. You do not want your family to inherit the $10,000 you have saved. Told you will die within a year, you want the money to be used for cancer research. You and your spouse find you can no longer get along. You want a divorce. You and your spouse find you can no longer get along. You want a divorce. You earn $5,000 working in a restaurant during the year. You want o file your federal income tax return. You earn $5,000 working in a restaurant during the year. You want o file your federal income tax return.

8. Do you need an Attorney? Explain WHY you might need an attorney in the following situations. Explain WHY you might need an attorney in the following situations. 1. You and your spouse are going to buy your first home 1. You and your spouse are going to buy your first home 2. You are pulled over for speeding 2. You are pulled over for speeding 3. You have been arrested for having drugs at school 3. You have been arrested for having drugs at school 4. You neighbor and you decide to buy a lawnmower together 4. You neighbor and you decide to buy a lawnmower together 5. You are getting divorced 5. You are getting divorced 6. You have been accused of cheating on a test 6. You have been accused of cheating on a test 7. You were hurt when the bus you were riding in had to stop suddenly 7. You were hurt when the bus you were riding in had to stop suddenly 8. You have signed with a professional sports team to play for them 8. You have signed with a professional sports team to play for them 9. You are suing someone for $1000 damages 9. You are suing someone for $1000 damages 10. You are suing someone for $15,000 damages 10. You are suing someone for $15,000 damages

9. How do you find a lawyer? Recommendation of someone who had a similar legal problem Recommendation of someone who had a similar legal problem Recommendation of a friend who had a matter resolved to their satisfaction Recommendation of a friend who had a matter resolved to their satisfaction Contact local legal referral service Contact local legal referral service Lawyers CAN advertise Lawyers CAN advertise Lawyers can be expensive. Some offer services for free (pro bono) or for a percentage of the final judgment (contingency fee) Lawyers can be expensive. Some offer services for free (pro bono) or for a percentage of the final judgment (contingency fee)

10. Lawyers Advertise You need to know what You need to know what you are looking for you are looking for Look for someone who Look for someone who specializes in the area specializes in the area you need you need If you don’t have money, If you don’t have money, look for one who asks for look for one who asks for no money up front no money up front

11. ?should lawyers advertise? A television advertisement shows a lawyer in a bathing suit coming out of a lake. He says, “If you’re in over your head because of bad debts, let us bail you out. We’re the best firm in the state.” A television advertisement shows a lawyer in a bathing suit coming out of a lake. He says, “If you’re in over your head because of bad debts, let us bail you out. We’re the best firm in the state.” Should there be any restrictions on ads like this? Should there be any restrictions on ads like this? If so, what? If so, what? Should there be other restrictions on ads? What? Should there be other restrictions on ads? What?

12. ?should lawyers advertise? A lawyer hears that many people have been injured as a result of accidents in a particular type of car. He runs a newspaper ad showing a car crash. The ad reads, “If this happens to you, I may be able to help you recover your losses.” A lawyer hears that many people have been injured as a result of accidents in a particular type of car. He runs a newspaper ad showing a car crash. The ad reads, “If this happens to you, I may be able to help you recover your losses.” Should the lawyer be able to do this? Should the lawyer be able to do this?

13. ?should lawyers advertise? Many people in an area have lost their jobs and are about to lose their homes because they cannot make their monthly mortgage payments. Jane, a lawyer, writes to all of these people saying she is willing to represent them to prevent the loss of their homes. Many people in an area have lost their jobs and are about to lose their homes because they cannot make their monthly mortgage payments. Jane, a lawyer, writes to all of these people saying she is willing to represent them to prevent the loss of their homes. Should she be allowed to do this? Should she be allowed to do this?

14. Working with your lawyer Attorney Client Privilege – need to be honest Attorney Client Privilege – need to be honest Clients need to be able to speak freely with their lawyer to assist in preparing a good defense Clients need to be able to speak freely with their lawyer to assist in preparing a good defense If the lawyer had to tell the courts if his/her client admitted to a crime, the client would not feel free to be honest If the lawyer had to tell the courts if his/her client admitted to a crime, the client would not feel free to be honest A lawyer knowing, fully, what his/her client has done is essential to preparing their defense A lawyer knowing, fully, what his/her client has done is essential to preparing their defense A good attorney will give you legal advice but the decisions are up to the client A good attorney will give you legal advice but the decisions are up to the client How the defense will proceed (who to call, to take the stand) How the defense will proceed (who to call, to take the stand) To take a plea deal or not To take a plea deal or not Attorneys must follow the rules too Attorneys must follow the rules too Disbarred Disbarred Legal Malpractice Legal Malpractice

15. Code of Professional Responsibility : Assist in maintaining the integrity and competence of the legal profession Cannon 1: Assist in maintaining the integrity and competence of the legal profession : Assist the legal profession in fulfilling its duty to make legal counsel available Cannon 2: Assist the legal profession in fulfilling its duty to make legal counsel available Assist in preventing the unauthorized practice of law Cannon 3: Assist in preventing the unauthorized practice of law Preserve the confidences and secrets of a client Cannon 4: Preserve the confidences and secrets of a client Exercise independent professional judgment on behalf of a client Cannon 5: Exercise independent professional judgment on behalf of a client Represent a client completely Cannon 6: Represent a client completely Represent a client zealously within the bounds of the law Cannon 7: Represent a client zealously within the bounds of the law Assist in improving the legal system Cannon 8: Assist in improving the legal system Avoid the appearance of professional impropriety Cannon 9: Avoid the appearance of professional impropriety

16. Ethical Dilemmas A. Mart, an attorney for the family of a man killed in an auto crash, visits a bar and runs into a juror in the case. She has a drink with the juror.

17. Ethical Dilemmas B. Nicholas, a criminal defense attorney, puts his client on the stand to testify to her innocence, even though Nicholas knows she is lying

18. Ethical Dilemmas c. Gene, a corporate lawyer, is asked by a wealthy client to recommend her son for admission to the state bar. Gene says yes

19. Ethical Dilemmas D. Antoine represents a man injured by a defective lawn mower. The manufacturer’s insurance company offers a $100,000 settlement. He accepts the settlement without consulting his client.

20. Ethical Dilemmas E. Nang, an attorney, has a trial next week before Judge DeSilva. Nang sees the judge in a grocery store and asks if the trial can be postponed one week.

21. Ethical Dilemmas F. Reynolds knows his client is guilty of the crime she is charged with. During the trial, he does not use a tactic that he believes will make his client look not guilty.

22. ?What to ask your Attorney? What is the lawyer’s fee? What is the lawyer’s fee? Will there be a written fee agreement? Will there be a written fee agreement? How often will you be billed How often will you be billed Will the lawyer tell you when the fee is going to exceed a certain limit Will the lawyer tell you when the fee is going to exceed a certain limit Has the lawyer ever handled cases like this before? Has the lawyer ever handled cases like this before? Will the lawyer provide you with copies of everything prepared on your behalf? Will the lawyer provide you with copies of everything 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”?

23. Becoming a Lawyer More that 120,000 students are enrolled in over 200 law schools that operate in the US. Law students typically attend class for 3 years, although students who attend class at night may attend for 4 years. More than half of all law students enrolled today are female. More that 120,000 students are enrolled in over 200 law schools that operate in the US. Law students typically attend class for 3 years, although students who attend class at night may attend for 4 years. More than half of all law students enrolled today are female. To obtain a license to practice law, almost all law school graduates must apply to take a state bar examination. The rules for eligibility to take the bar and to qualify for bar admission are set by each state. To obtain a license to practice law, almost all law school graduates must apply to take a state bar examination. The rules for eligibility to take the bar and to qualify for bar admission are set by each state.

24. Becoming a Lawyer To receive a license to practice law To receive a license to practice law You must be a graduate of a law school that meets certain standard You must be a graduate of a law school that meets certain standard You must achieve a passing score on the bar examination You must achieve a passing score on the bar examination You must meet character and fitness checks You must meet character and fitness checks Each year, more that 50,000 people are admitted to practice law in the US Each year, more that 50,000 people are admitted to practice law in the US Salaries and working conditions for lawyers vary widely Salaries and working conditions for lawyers vary widely