question to ask before an attorney decides who to represent, the organization or its members

by Dr. Sallie Casper V 6 min read

Can a lawyer related to another lawyer represent a client?

Mar 31, 2016 · Ask for the names of three clients that the attorney provided similar services for. Contact those three clients and ask them detailed questions about …

Do you have to ask the right questions when hiring a lawyer?

Ask for details, examples, or cases that are relevant to your own. Query about outcomes, issues they faced, or what they would’ve done differently knowing what they know now. 4. How do you negotiate? – How your lawyer approaches dispute resolutions, negotiations, or …

Why do you need an attorney to answer your questions?

A valid phone number is required. Select the best time for you to receive a follow-up call from a lawyer after your question is answered. ( Required field) Morning (8:00AM to 12:00PM) Afternoon (12:00PM to 5:00PM) Evening (5:00PM to 9:00PM) Other. AM PM.

What should a lawyer's relationship to the parties involved be clear?

Mar 03, 2017 · For lawyers who frequently represent or work with organizations, it is worth reviewing the two principal routes by which organizations can get through the courthouse door: direct organizational standing and representative standing. Direct Organizational Standing Organizations have standing to challenge actions that cause them direct injury.

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What are some of the important things that an attorney should do when first considering representation of a client?

In order to determine whether an attorney may represent a potential new client or an existing client in a new matter, the attorney must (1) identify the client; (2) determine whether a conflict exists; (3) decide if representation could be undertaken despite the conflict; and, (4) get consent from all clients involved ...Jan 31, 2008

What are 3 questions you should ask a lawyer before hiring?

Below are ten questions to ask your potential lawyer.How long have you practiced law? ... What type of cases do you generally handle? ... Who is your typical client? ... How many cases have you represented that were similar to mine?More items...•Apr 13, 2018

What are some questions to ask an attorney?

In Order to Move Forward With Any Lawyer, First Ask These Ten QuestionsHow Long Have You Practiced Law? ... What Types of Cases Do You Manage? ... Who's Your Typical Client? ... How Many Similar Cases Have You Taken On? ... What Kind of Special Training or Knowledge You Have Outside Your Law Degree? ... What Are Your Fees and Costs?More items...

What are the four responsibilities of lawyers?

DutiesAdvise and represent clients in courts, before government agencies, and in private legal matters.Communicate with their clients, colleagues, judges, and others involved in the case.Conduct research and analysis of legal problems.Interpret laws, rulings, and regulations for individuals and businesses.More items...•Sep 8, 2021

How do I prepare for an attorney interview?

If you are interviewing virtually, all of these tips apply.Do your research. Lawyers are known for being good researchers. ... Be presentable and dress your best. ... Come prepared to ask questions. ... Be personable and show enthusiasm. ... Be genuine. ... Promptly send a thank-you note.Oct 28, 2020

What questions should I ask a corporate lawyer?

General QuestionsHow long have you been practicing law?What do you specialize in?What are your main roles and duties? What goes beyond that scope?How do you bill?What companies do you generally work with? ... Are you experienced with startups?Are you familiar with the laws of incorporation in my specific state?

What is a good question to ask a judge?

Good questions to ask the judge include the following:“How do you like being a judge?”“How did you decide to become a judge?”“What was the most important thing that helped you become a judge?”“What do you expect from your clerks?”“What are you looking for in clerkship applicants?”“What is your mentorship style?”More items...

Do lawyers only ask questions?

On direct examination, lawyers generally can't ask leading questions. A question is leading if it suggests the answer. For example, "You couldn't see very well, could you?" or, "Did you get to the scene at 8 p.m.?"

How do you answer a law question in an interview?

Below are some common legal interview questions—plus suggestions on how to approach them.Tell me a little about yourself. ... What attracted you to our firm/organization? ... Can you describe a challenge or conflict you have faced at work and how you overcame it? ... What is your biggest weakness? ... Do you have any questions for us?Mar 20, 2021

What is unethical for a lawyer?

Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...

What is a lawyer's client called?

Client is the term in the US. In the case of a criminal charge the client might also be a defendant, and in the case of a civil court case the client might be either defendant or plaintiff.Feb 26, 2021

What are the ethical issues for lawyers?

Areas covered by ethical standards include: Independence, honesty and integrity. The lawyer and client relationship, in particular, the duties owed by the lawyer to his or her client. This includes matters such as client care, conflict of interest, confidentiality, dealing with client money, and fees.

What is the job of a prosecuting attorney?

Prosecuting Attorney – Prosecutes the case on behalf of the federal or state government, or a wronged party. Entertainment Law – Deals with issues largely related to Intellectual Property law, rights, royalties, and contracts. Environmental Law – Enforces regulations, statutes, treaties, or conventions according to state or federal laws.

What are the duties of a criminal defense attorney?

Criminal Law – Handles issues pertaining to individual liberty and behaviors that may be considered illegal under U.S. criminal codes.#N#Defense Attorney – Defend the accused of their crimes as is their constitutional right.#N#Prosecuting Attorney – Prosecutes the case on behalf of the federal or state government, or a wronged party. 1 Defense Attorney – Defend the accused of their crimes as is their constitutional right. 2 Prosecuting Attorney – Prosecutes the case on behalf of the federal or state government, or a wronged party.

How much does an estate lawyer charge per hour?

Depending on the lawyer and their firm, it could vary from a $100 per hour to $1000s per hour. Flat fee – These are an option for cases that are more predictable, such as the drawing up of an estate plan. If this is what they offer, make sure to ask whether or not there are services and expenses that aren’t covered.

What are the common matters in family law?

Common matters in family law include divorce, custody, adoption, child welfare, child abuse, marriages, and civil unions. Real Estate Law – Encompasses issues pertaining to land or construction on property in relation to ownership, development, disputes, or tenant rights. Tax Law – Stay apprised with the most recent updates ...

Is a lawyer a generalist or a specialist?

1. Are you a generalist or a specialist? – Since the legal field covers a broad swath of industries and subject matters, it’s exceedingly rare to find a lawyer who’s well versed in several sects of law. Typically, as is the case for most professionals, they tend to specialize and focus on a specific legal field.

Should screening for the right one be rigorous?

Remember that they’ve invested years of their lives studying and practicing law, so their services won’t come cheap—nor should they.

Can a tax lawyer help with divorce?

If you’re going through a divorce, a tax lawyer won’t be of much help. So, although you can obtain the services of a general practitioner of the law, it’s often better to select the best fit for your case. 2.

What is required to receive a follow up call from a lawyer?

Fullname is required. A valid email address is required. Receive a follow-up from lawyers after your question is answered. Text Call. A valid phone number is required. Select the best time for you to receive a follow-up call from a lawyer after your question is answered. ( Required field)

Is a business name the same as a trademark?

A business name and a trademark are not the same thing. However, your description says you can find him on the Internet using the name to promote his business. That use gives him priority in Trademark law. There will be other questions you find as you seek to open an e-commerce web site or App. In my experience, working with a lawyer as you begin will save you a... Read More

Can you be stuck with a property that was passed to four beneficiaries?

It depends somewhat on how the property was bequeathed. If it was directly passed in undivided interests to four beneficiaries you may be stuck with it, absent agreement or a law suit for partition of the property (a court ordered sale). If on the other hand the property is simply in the "residue" of the estate and not specifically passed, then generally it will need to be... Read More

What is an attorney who can answer this question well?

An attorney who can answer this question well is an attorney who is attuned not only to the legal challenges at hand, but also to the way clients think about them. They’ve also likely worked with clients like you. They’ll be able to provide context upfront that answers your questions before you find yourself confused by a complex legal issue or legal language.

Can an attorney give an estimate of how long each phase of a project will take?

Although unexpected challenges sometimes arise and cause deadlines to be pushed back, attorneys should be able to give an estimate of how long each phase of the project will take. Make sure that these estimates seem reasonable and fit with the timeline that you have in mind.

Do you want to hire an attorney who will challenge you?

While you don’t want to hire an attorney who will challenge your every move, you also definitely don’t want one who is so afraid of getting fired that they’re reluctant to question you when they have a legitimate concern.

Do attorneys have conflicts of interest?

Attorneys are responsible for divulging any potential conflicts of interest, even if they are never directly asked a question about them. However, it’s usually not a bad idea to inquire about them yourself.

Do businesspeople have to resign themselves to pick the first attorney on their resume?

The good news is that businesspeople definitely don’t have to resign themselves to picking the first attorney whose resume crosses their desk.

Do attorneys quote hourly fees?

While most attorneys will quote you an hourly rate or a fixed fee upfront, it’s important that you understand what this quote does and does not cover. For instance, will you also be responsible for reimbursing the attorney for expenses, such as transportation?

General questions

These questions help a hiring partner get to know you a little more by understanding your passions, interests and how you may fit into the firm's culture:

Questions about experience and background

These questions help an interviewer understand how your education and previous experience translate to the role:

In-depth questions

An interviewer may ask these questions to get to know how you build a relationship with clients and navigate court issues. These questions also give you a chance to explain your processes and display the parts of your personality that make you the right candidate for the role.

Sample interview questions and answers

Review these sample interview questions and answers to form your own responses:

Law firm interview tips

Here are some interview tips to consider so you can present yourself well to the hiring partner:

What are nonprofits required to do?

For example, nonprofits are required to be transparent with how they spend their funds, and implement strict financial record-keeping systems. A lawyer who understands the complexities can guide you. Not including proper language in internal documents.

Why do nonprofits bypass legal services?

Nonprofit organizations often bypass much-needed legal services because they're operating on a limited budget. But it's often cheaper to avoid problems than to fix them. Plus, with many options available for obtaining legal services, your charitable organization should be able to get needed legal advice without spending huge sums.

Do nonprofits have to have conflict of interest?

Nonprofits must adopt bylaws and a conflict of interest policy , using specific language, in order to receive tax exemption from the IRS and have its articles of incorporation accepted by the state where it does business. Using the wrong type of contract.

What are the critical questions in a lawyer?

The critical questions are the likelihood that a difference in interests will eventuate and, if it does, whether it will materially interfere with the lawyer's independent professional judgment in considering alternatives or foreclose courses of action that reasonably should be pursued on behalf of the client.

Why is a lawyer asked to represent several individuals seeking to form a joint venture likely to be materially limited in

For example, a lawyer asked to represent several individuals seeking to form a joint venture is likely to be materially limited in the lawyer's ability to recommend or advocate all possible positions that each might take because of the lawyer's duty of loyalty to the others.

What is a conflict of interest in a lawyer?

[8] Even where there is no direct adverseness, a conflict of interest exists if there is a significant risk that a lawyer's ability to consider, recommend or carry out an appropriate course of action for the client will be materially limited as a result of the lawyer's other responsibilities or interests. For example, a lawyer asked to represent several individuals seeking to form a joint venture is likely to be materially limited in the lawyer's ability to recommend or advocate all possible positions that each might take because of the lawyer's duty of loyalty to the others. The conflict in effect forecloses alternatives that would otherwise be available to the client. The mere possibility of subsequent harm does not itself require disclosure and consent. The critical questions are the likelihood that a difference in interests will eventuate and, if it does, whether it will materially interfere with the lawyer's independent professional judgment in considering alternatives or foreclose courses of action that reasonably should be pursued on behalf of the client.

What are the principles of a lawyer?

General Principles. [1] Loyalty and independent judgment are essential elements in the lawyer's relationship to a client. Concurrent conflicts of interest can arise from the lawyer's responsibilities to another client, a former client or a third person or from the lawyer's own interests. For specific Rules regarding certain concurrent conflicts ...

Can a client terminate a lawyer's representation?

[21] A client who has given consent to a conflict may revoke the consent and, like any other client, may terminate the lawyer's representation at any time. Whether revoking consent to the client's own representation precludes the lawyer from continuing to represent other clients depends on the circumstances, including the nature of the conflict, whether the client revoked consent because of a material change in circumstances, the reasonable expectations of the other client and whether material detriment to the other clients or the lawyer would result.

Can a lawyer consent to representation?

[14] Ordinarily, clients may consent to representation notwithstanding a conflict. However, as indicated in paragraph (b), some conflicts are nonconsentable, meaning that the lawyer involved cannot properly ask for such agreement or provide representation on the basis of the client's consent. When the lawyer is representing more than one client, the question of consentability must be resolved as to each client.

Can a lawyer's own interests have an adverse effect on representation of a client?

Personal Interest Conflicts. [10] The lawyer's own interests should not be permitted to have an adverse effect on representation of a client. For example, if the probity of a lawyer's own conduct in a transaction is in serious question, it may be difficult or impossible for the lawyer to give a client detached advice.

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