The first thing we do, let s kill all the lawyers. William Shakespeare

Transcription

1 Lawyers Chapter 5

2 Learning Outcomes 1. Name at least five situations in which a person may wish to consult an attorney. 2. Analyze a situation in order to determine whether or not a person involved should seek legal counsel. 3. Define the terms litigator and bar association. 4. Assess the positive and negative effects of advertisements by lawyers. 5. Evaluate whether or not advertising by lawyers is proper or improper in given case scenarios. 6. Explain how to find and retain suitable legal counsel. 7. Define the terms retainer and contingency fee. 8. Identify public interest organization that sometimes provide free legal representation. 9. Define the terms privilege, disbarred, and legal malpractice.

3 Lawyers Discourage litigation. Persuade your neighbors to comprise whenever you can. Point out to them how the nominal winner is often the real loserin fees, expenses, and waste of time. As a peacemaker, the lawyer has a superior opportunity of being a good man. There will be business enough. Abraham Lincoln

4 The first thing we do, let s kill all the lawyers. William Shakespeare

5 Problem 1: With a partner: For each of the following situations discuss why you may or may not need an attorney. a. You hit another car in a parking lot. Your insurance agent indicates that the company will pay for bodily injury and property damage. b. You borrow a friend s car without his knowledge, and he reports it to the police as stolen. c. You buy a new stereo for $500. One month later, the receiver and speakers blow out. You return to the store, and the salesperson tells you he s sorry, but his stereos have only a two-week guarantee. d. You decide to trade in your old car and buy an new one. e. Two friends are caught robbing the cashier at a local store, and thy name you as one who helped plan the robbery. f. The principal suspends you from school for two days because of an article you wrote for the student paper criticizing the school dress code. g. You are turned down when you apply for a job. You think you were rejected because you are deaf. H. You do now 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. i. You earn $5,000 working in a restaurant during the year. You want to file your federal income tax return.

6 I. When Do You Need a Lawyer? A. Litigator Buying or selling a home or other real estate. Organizing a business. Changing your family status (divorce, adoption, etc.) Making a will or planning an estate. Signing a large or important contract. Handling accidents involving personal injury or property damage. Defending a criminal charge or bringing a civil suit.

7 B. Bar associations- If you are not sure if you need one you can check here, or places like Ask A Lawyer on ABC 7.

8 II. How Do You Find a Lawyer? A. The best way is through Recommendation of someone who had a similar legal problem that was resolved to his or her satisfaction. Or ask employer, clergy, businesspeople, other professionals. B. Other ways: -Yellow Pages under Attorneys/Lawyers -Martindale-Hubbell Law Directory Public Library -Some lawyers advertise (allowed in 1977)

9 (not in notes) a. A television advertisement shows a lawyer in a bathing suit coming out of a lake. She 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 show what? b. A lawyer hears that many people have been injured as a result of accident ins 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 he be able to do this? c. 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 those people saying she is willing to represent them to prevent the loss of their homes. Should she be allowed to do this?

10 C. What to ask a lawyer? 1. What is your fee? Flat fee/hourly? Retainer required? Contingency fee? Will there be a written fee agreement? What will it say how often will I be billed? Will you tell me when the fee is going to exceed a certain limit? Have you ever handled cases like this before? If so, with what results? Will you provide me with copies of all correspondence and documents prepared on your behalf? Will you keep me informed of any new developments in my case and talk to me in plain English?

11 D. Terms 1. retainer- a down payment on the total fee. 2. contingency fee A percentage of whatever amount the client wins. -typical fee is about 1/3 of the amount awarded to the client, but it could 40$ or higher. a. hourly b. lump sum E. Other Parties Check and see if your case be of interest to other people: -ACLU American Civil Liberties Union -IJ Institute for Justice -EDF Environmental Defense Fund -NAACP National Association for the Advancement of Colored People -LDF Legal Defense Fund - ACU American Conservative Union

12 III. Working With Your Lawyer A. Privilege B. His job is - Whatever you tell your attorney about your case is private and confidential and cannot be disclosed w/o your permission. to give you advice. Make sure you ask questions. C. Standards of Conduct Must follow a Code of Professional Responsibility enforced by the state bar associations, pass an exam and become a member of the state bar. 1. disbarred 2. legal malpractice - Total removal of license to practice law or those who violate standards of conduct may be reprimanded or suspended. -If you believe your lawyer has mishandled your Case you can sue.