Lawyers
Goals and Objectives
The students will have a basic understanding
of practical questions to ask when dealing
with lawyers
What are Lawyers?
How do you become a Lawyer?
When do you need a Lawyer?
What are the costs/fees?
What can a lawyer do for you?
What should a lawyer do in various situations?
Lawyers . . . Who needs ‘em?
Are Lawyers Good or Bad?
“The first thing we do, let’s kill all the
lawyers.”
–William Shakespeare
What are Lawyers
A lawyer is someone who is
Trained and Licensed:
To prepare legal documents
To explain the law
To advise on personal and
business legal matters
To represent clients before
courts and governments
Becoming a Lawyer
6 + years of College
3 of which are from an approved
Law School
Prove Moral Fitness to
practice law
Background checks
Pass the State Bar Exam
Covers all areas of law
Lasts 2 days and over 10 hours
Multiple choice, short answer, at
least 10 essays
Lawyers in America
Well over 1,000,000
Lawyers in the U.S.
65% work in Private Practices
Make Money from Legal
Services given to Individuals
15% government lawyers
15% work for corporations,
unions, and trade
organizations
Small number work for public
interest or legal aid
organizations
Smaller number are law
professors, judges, or elected
officials
When do you need a Lawyer?
People should Seek Preventative Advice crucial
to avoiding legal entanglements
Find a Lawyer BEFORE you’re in trouble
Buying or selling a home or other real estate
Organizing a business
Changing your family status (divorce or adoption)
Making a will/trust or planning an estate
Signing a large or important contract
Handling accidents involving personal injury or property
damage
When legal crisis arises, good legal council can
literally save you time, money, and even your life
If your in trouble (Criminal or Civil) Get a Lawyer!
Defending yourself against a criminal charge or a civil suit is
the WRONG CHOICE!!!
Deciding whether you need a lawyer
Do you really need a Lawyer?
Ask Yourself 3 Essential Questions
Is there a question of law involved?
Do legal documents need to be drawn up or
analyzed?
Are you involved in a court case?
Can you deal with it on your own?
If your problem is minor enough that you can deal
with it on your own or with the help of someone who
is not a lawyer
Small traffic accident, traffic violation, plead no-contest to
minor offenses, buying a car, renting an apartment, signing
an employment contract
Good sources of counsel: Relatives, friends,
teachers, clergy members, doctors,
accountants
In each of the following situations, an attorney may or
may not be needed. For each situation decide with a
partner whether or not a lawyer is needed and why.
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 friends’ car without his knowledge, and he reports it to the
police as stolen.
You buy a new stereo for $300. One month later, the receiver and speakers
blow out. You return to the store, and the salesperson tells you they are
sorry but their stereos have only a two-week guarantee.
You decide to trade in you old car and buy a new one.
Two friends are caught robbing 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 paper 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 do not want your family to inherit the $10,000 you have saved. You are
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 earn $5,000 working in a restaurant during the year. You want to file
your federal income tax return.
Paying For a Lawyer:
Research Before You Pay
Hourly Rates: $250 - $500 per hour common
Quality of Lawyer? You Get What You Pay For
Retainer Fee: a down payment on the total
fee
Often required
Other charges: court costs, filing fees, other
expenses (hidden fees)
Contingency Fee: a percentage of what the
client wins in the case
Client pays nothing except expenses if the case is
lost
Very common in personal injury cases where
money damages are being sought
Typical fee: 30% - 50% of the amount awarded by
the court
$300,000 in auto accident case: $100,000 to lawyer,
$200,000 to client minus court costs
What can a Lawyer Do for You?
Criminal Law
You are Presumed Innocent until Proven Guilty
The Government (Prosecutor) must Prove Beyond a Reasonable Doubt that
you are guilty
Your lawyer will fight to show doubt as to your guilt
Will fight to see that your rights are protected
May advise you to avoid a futile yet very expensive trial
May negotiate a plea agreement where you plead guilty to lesser
charges and punishments
Civil Law
May advise you to the easiest and most likely successful outcome to
your case
May negotiate a settlement where you get less than what you hoped for,
but avoid a risky and expensive trial where you may get nothing at all
Settlements are always preferred to trials
Other Services
Prepare legal documents
Give legal advice on personal and business activities
Working with your attorney
If you outsmart your lawyer, you’ve got the wrong
lawyer.”
–John T. Nolan, Esquire
Trust: the foundation of attorney-client relationship
They must know everything about your problem, you must speak
openly and freely, and not fear
Attorney-Client Privilege = whatever you share with your
lawyer is confidential. The Lawyer can never legally share
that information with anyone else.
Making decisions: good attorneys give advice but you
make the final decision
If dissatisfied with your lawyer you may discharge
them
Fees may be charged for services done
Ethics and Lawyers
“The ethical practices of lawyers are probably
no worse than those of other professions.
Lawyers bring some of the trouble on by
claiming in a sanctimonious way that they are
interested only in justice, not power or wealth.
Their clients are often people in trouble. Saints
need no layers: gangster do.”
–Lawrence M. Friedman, American Law
Lawyer Ethics
Lawyers follow specific
Standards of Conduct:
The Code of Professional
Responsibility
Enforced by the State Bar
Associations
To practice law in a state
you must pass the State
Bar Examination
If a lawyer violates the
Standards of Conduct they
are reprimanded,
suspended, disbarred (lose
their license to practice
law), or prosecuted
Questions and Review
The students will have a basic understanding
of practical questions to ask when dealing
with lawyers
What are Lawyers?
How do you become a Lawyer?
When do you need a Lawyer?
What are the costs/fees?
What can a lawyer do for you?
What should a lawyer do in various situations?
Assignments
Ethical Dilemmas for Lawyers: Worksheet
Homework: Find a lawyer
Find ONE lawyer: follow guidelines from class
Call their office, inform them of your assignment,
and request information
What area of law do you specialize in?
How do you spend your time most weeks?
When do you recommend people come to you?
What types of cases do you work on most often?
What fees / costs do you require?
Answers need to be SPECIFIC!