Lawyers by jizhen1947

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									             North Mason Chamber
                Candidate Night
                                 October 7, 2010
                                     6 p.m.
                            Theler Community Center

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   To receive EXTRA CREDIT POINTS, you must
   Attend
   Write a brief review of the event
   Select one race
       Write a summary of what each candidate says
                 What they say they will do
                 How they answer questions
       Tell me who you would vote for in that race and why
      Lawyers

    What is a lawyer?
When do you need a lawyer?
 How do you find a lawyer?
 Working with your lawyer
        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.
        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 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 financial status such as getting or losing valuable
    personal property or real estate, or filing for bankruptcy.
                   The Car Crash
                           (read page 68)

   Pair Up/Three Up
   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)
       ATTORNEY(s):
                 Ask questions an attorney should ask a client
       CLIENT:
                 Provide the attorney with all necessary information
                 Ask all the questions that are relevant to Marie’s case
                 Decide if you should retain that attorney
    When do you need a lawyer?
   When you are buying or selling a home
   When you are organizing a business
   When you are changing family status
   When you are making/changing a will
   When handling accidents involving personal
    injury or property damage
   When signing a large or important contract
   When defending a criminal charge
   When bringing a civil suit ($5000 or less)
      ?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 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 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.
•   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 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 earn $5,000 working in a restaurant during the year. You want o file
    your federal income tax return.
       Do you need an Attorney?
   Explain WHY you might need an attorney
    in the following situations.
              1. You and your spouse are going to buy your first home
              2. You are pulled over for speeding
              3. You have been arrested for having drugs at school
              4. You neighbor and you decide to buy a lawnmower
               together
              5. You are getting divorced
              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
              8. You have signed with a professional sports team to play
               for them
              9. You are suing someone for $1000 damages
              10. You are suing someone for $15,000 damages
      How do you find a lawyer?
   Recommendation of someone who had a similar
    legal problem
   Recommendation of a friend who had a matter
    resolved to their satisfaction
   Contact local legal referral service
   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 Advertise
 You need to know what
   you are looking for
 Look for someone who
  specializes in the area
  you need
 If you don’t have money,
  look for one who asks for
  no money up front
     ?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.”
        Should  there be any restrictions on ads like this?
        If so, what?
        Should there be other restrictions on ads? What?
     ?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.”
        Should   the lawyer be able to do this?
     ?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.
        Should   she be allowed to do this?
       Working with your lawyer
   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
          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 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)
          To take a plea deal or not
   Attorneys must follow the rules too
          Disbarred
          Legal Malpractice
Code of Professional Responsibility
   Cannon 1: Assist in maintaining the integrity and competence of the legal
    profession

   Cannon 2: Assist the legal profession in fulfilling its duty to make legal
    counsel available

   Cannon 3: Assist in preventing the unauthorized practice of law

   Cannon 4: Preserve the confidences and secrets of a client

   Cannon 5: Exercise independent professional judgment on behalf of a
    client

   Cannon 6: Represent a client completely

   Cannon 7: Represent a client zealously within the bounds of the law

   Cannon 8: Assist in improving the legal system

   Cannon 9: Avoid the appearance of professional impropriety
          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.
           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
          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
         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.
          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.
          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.
    ?What to ask your Attorney?
   What is the lawyer’s fee?
   Will there be a written fee agreement?
                How often will you be billed
                Will the lawyer tell you when the fee is going to exceed a
                 certain limit
   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 keep you informed of any new
    developments in your case and talk to you in
    “plain English”?
            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.
   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.
           Becoming a Lawyer
   To receive a license to practice law
        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 meet character and fitness checks

 Each year, more that 50,000 people are
  admitted to practice law in the US
 Salaries and working conditions for
  lawyers vary widely

								
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