what an attorney should be deemed to know about the law

Each state has ethical laws that bind lawyers. Commonly, these rules require lawyers to: represent their clients with undivided loyalty keep their clients' confidences represent their clients within the bounds of the law, and put their clients' interests ahead of their own. Each state has a lawyer disciplinary agency to enforce these rules.

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What does an attorney need to know?

Nov 09, 2008 · As a member of a learned profession, a lawyer should cultivate knowledge of the law beyond its use for clients, employ that knowledge in reform of the law and work to strengthen legal education. A lawyer should be mindful of deficiencies in the administration of justice and of the fact that the poor, and sometimes persons who are not poor, cannot afford adequate legal …

Do lawyers have to know when they don't know something?

An attorney should know the law, in terms of the substantive law in the area they work in and the procedural law for taking their matters to court. They should know how to analyze situations and determine which laws apply.

What does it mean to be a lawyer?

How to choose a lawyer?

What things do lawyers need to know?

What are 5 responsibilities of a lawyer?

What are the four responsibilities of lawyers?

What is the most important attribute for an attorney?

Do lawyers lie?

Is law school difficult?

What lawyers should not do?

What are lawyers not allowed to do?

What is a lawyer's client called?

What personality type is a lawyer?

How do I know I want to be a lawyer?

What are the qualities of a good law?

How to tell your lawyer everything?

You should: follow through on what you agree to do. prepare a written summary and chronology of events. tell your lawyer everything. understand that your lawyer has a duty to keep whatever you say confidential. inform your lawyer of new developments. respect your lawyer's time and schedule.

Why is it important to hire a lawyer?

When you hire a lawyer, it's important that your fee agreement is in writing and that you understand it. It's a simple way to avoid a common cause of contention with clients—the legal bills.

Why do bar associations monitor lawyers?

Bar associations tasked with monitoring attorneys go after lawyers who steal or violate specific ethical rules—not lawyers who just aren't very good. Part of the reason is that what constitutes a "good job" is somewhat relative. For instance, a client might expect an acquittal in a criminal case.

What happens if you don't know what's going on in your lawsuit?

If you don't know what's going on in your lawsuit, you might assume you have a bad lawyer. To the contrary, your attorney could be doing a great job. Either way, a lawyer who doesn't communicate case progress is invariably increasing, not decreasing, your stress. When you initially retain counsel, your lawyer should:

Can a client expect an acquittal in a criminal case?

For instance, a client might expect an acquittal in a criminal case. However, other private criminal attorneys might consider a reduction from a felony to a misdemeanor charge a job well done.

Can you hear from a lawyer who is in trial?

For instance, it's common to hear less frequently from a lawyer who is in trial. But someone in the office should be able to explain when you'll hear from your attorney and assure you that the office is handling your case appropriately. Find out how to hire the right attorney.

Do you have a right to quality service from your attorney?

You have a right to quality service from your attorney. In this article, you'll learn what you can expect from your lawyer in each of these areas.

What happens if a lawyer is not competent?

If a lawyer is not competent to handle a legal matter, that lawyer is generally required to become competent, either by consulting with another lawyer or conducting adequate research. Furthermore, a lawyer should not handle a legal matter without adequate preparation under the circumstances.

What is attorney ethics?

Attorney ethics describe a set of state codes and rules the regulates the conduct of lawyers. These codes ensure lawyers follow the law, pursue justice, and zealously advocate their client’s best interests.

What are the rules of professional responsibility?

Model Rules of Professional Responsibility. Every state is responsible for drafting their own set of codes of professional responsibility governing attorney ethics. The American Bar Association developed the Model Rules of Professional Responsibility to act a guideline for ethical conduct and help resolve moral and ethical dilemmas.

What to do if you suspect a lawyer is unresponsive?

If the lawyer is unresponsive or not willing to discuss the matter, then that person may wish to file a complaint with your attorney’s State Bar Association.

Can a lawyer reveal confidence?

In limited some instances, a lawyer can reveal confidences if such confidence is a client’s intent is a crime that may cause death or serious injury. A lawyer should exercise independent professional judgment on behalf of a client. A lawyer cannot accept employment from a client when there is a conflict of interest.

Can an attorney prove malpractice?

Proving that your attorney committed malpractice can be difficult. You have to know exactly what constitutes malpractice and show that your attorney actually committed malpractice. An experienced malpractice attorney can help you determine whether or not you’re a victim of attorney malpractice.

Can a lawyer neglect a case?

Finally, a lawyer is not allowed to neglect a case that has been entrusted to him. A lawyer should represent a client zealously within the bounds of the law. However, in cases where a client’s conduct could arguably be illegal, a lawyer may refuse aid or participate in such conduct.

What to consider when choosing a lawyer?

While there are many professional things to consider when choosing a lawyer, their character should also factor into your decision. Find someone that is trustworthy and makes you feel comfortable. Mutual respect is also important.

Why is finding a lawyer important?

Most importantly, finding a lawyer that fits your needs, your budget, and your welfare is going to give you peace of mind because you will trust that they are looking out for your best interests.

How to get legal advice from a lawyer?

Establishing proactive communication at the beginning is excellent advice. Having proper communication with your attorney would be a great way to get the legal advice you need. Checking with potention attorneys to see how well they communicate with you and how comfortable you are talking to them could help you find the best one for you.

What is a lawpot?

The LawDepot Team consists of professional writers and editors with years of experience researching and writing about a variety of legal topics. LawDepot’s in-house legal team reviews all law-related content to ensure the information we provide is as accurate and up-to-date as possible.

What is a good attorney?

A good attorney should also take the time to explain complicated matters, provide you with plain English advice on your situation, and present you with an array of options or solutions to mull over before deciding on a plan of action

How to find out about a lawyer's practice history?

You can find out information about their practicing history by simply asking them, or checking out their firm’s website (if they have one). An attorney with more experience may be more valuable, but only if their experience matches your situation, as well as your budget.

What is the area of law?

Area of law. Lawyers tend to specialize in certain areas of law, as it is a very large field of study, similar to medicine. Some cover real estate law, while others pursue business, family, intellectual property, immigration, employment, accident/injury, bankruptcy, criminal, or civil rights law.

What to expect when your attorney does not respond?

In general, however, you should be able to expect to get a general overview of your case whenever you request it from your attorney. In addition, you should also expect your attorney to call you back or return your emails in a timely manner. If your attorney does not respond within a business day, he or she should provide you with a reason why they were unable to answer your question (typically, if your lawyer is working on multiple cases, he or she may be tied down in court on some days).

How to communicate with a lawyer?

Lawyer communication, competency, ethics, and fees are important aspects of an attorney-client relationship. As a summary you can expect your lawyer to do the following: 1 Give you advice about your legal situation 2 Keep you informed about your case 3 Tell you what he or she thinks will happen in your case 4 Allow you to make the important decisions regarding your case 5 Give you an estimate about what your case should cost 6 Assist you in any cost-benefit analyses that you may need 7 Keep in communication with you 8 Inform you of any changes, delays or setbacks 9 Give you the information you need to make good decisions, and 10 Prepare you for your case, including deposition and trial preparation.

What is competency in law?

In addition to lawyer communication problems, you may also have problems with the competency of your lawyer's work. Competency relates to the core knowledge and expertise of an attorney in handling a client's legal issue. You should remember that lawyers are not machines and they are just as capable of making a mistake as anyone else ...

What is lawyer communication?

Lawyer communication refers to the correspondence and communication between a client and his/her attorney. If you have a lawyer communication problem, you may be wondering if you have a bad attorney or if he or she is doing a poor job on your case. You should know that many states have laws regarding when and how a lawyer must communicate with clients.

What happens if my attorney doesn't respond to my question?

If your attorney does not respond within a business day, he or she should provide you with a reason why they were unable to answer your question (typically, if your lawyer is working on multiple cases, he or she may be tied down in court on some days).

What are the Disagreements over whether an itemized bill would be given?

Disagreements over whether an itemized bill would be given. Concerns that a lawyer spent too long on a task that should have been relatively easy. Argument that because an attorney did a bad job, the bill should be reduced. Billing at an attorney's rate for work done by a paralegal or legal secretary.

What are the aspects of an attorney-client relationship?

Lawyer communication, competency, ethics, and fees are important aspects of an attorney-client relationship. As a summary you can expect your lawyer to do the following:

What is the rule for a lawyer-client privilege?

Rule 1: Address communications to your attorney. This could be your in-house counsel or outside counsel, but for the attorney-client privilege to become effective, it must be addressed to an attorney who is providing legal advice and counsel. The privilege does not protect communications between workers when no attorney is present. In other words, you can't send an email to your non-attorney boss and mark it "privileged and confidential" because without an attorney on the receiving end to provide legal analysis and advice, there's no mechanism to protect the communication from legal discovery.

When to use attorney-client privilege?

The attorney-client privilege may be used when a complaint involves serious concerns (including potential criminal claims), may develop into a lawsuit, or may have the potential to impact a large number of employees (e.g., class action status), among other considerations. It is always best to contact your legal department in advance of launching an investigation when you suspect that the gravity of the situation may give rise to significant liability. So be sure to discuss upfront whether your in-house counsel or outside defense attorney wants any particular emails or document exchanges protected. Further, if you have any question whether or not you should be invoking the attorney-client privilege, always err on the side of caution and protect the documentation trail as much as possible.

What is the rule for copying a document?

Rule 4 : Copy only a limited number of people who have a legitimate need to know the information. Do not copy or share the document with others, or the privilege may be lost. After all, if you copy 15 people on the communication, a court will likely infer that it wasn't all that confidential or proprietary to begin with.

What is business legal 101?

While you may hope that you never need them, it's wisest to bring yourself up to speed with certain elements of "Business Legal 101" to protect yourself and your company from unwanted legal exposure.

Is attorney client communication privileged?

Again, not all attorney-client communications will be deemed privileged once submitted in court, so always proceed with caution and continue to communicate in writing as if your document may be used as evidence in court at some point and blown up and placed in front of a jury.

Does SHRM offer legal advice?

SHRM provides content as a service to its readers and members. It does not offer legal advice, and cannot guarantee the accuracy or suitability of its content for a particular purpose. Disclaimer

Can a court overturn a document that is privileged?

Just because you mark a document "Privileged and Confidential" doesn't mean that a plaintiff's attorney won't challenge the privilege and that a court won't overturn it. Therefore, let caution rule the day when it comes to exchanging emails, documents, or other electronic communications that you mark privileged.

Why do people hire lawyers?

Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

What to do if your lawyer doubts you?

Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.

Why is it so expensive to go to court?

It's expensive because we have to wait in line too. Going to court is more than dressing up in a fancy suit and knowing what papers to fill out. Attorneys have to wait in line just like the "regular folk" and we are at the mercy of the court staff just like everyone else. If you get a bill that includes time spent waiting in court, it's not usually exaggerated. While some people may stretch the truth - if you want to see whether I had to wait an hour for the case to get called, then just come with me to court. Some courtrooms have more than 50 cases on the call. Your case may not be first or even ninth. I have been number 210 on the list before. It takes time. Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

Why is credibility important in court?

Credibility is one of the most important things in this world - and most important in a courtroom. If you care enough only to wear sweats to the courthouse, then the judge will see that you don't care, and that will be reflected in their desire to help you, listen to you, and decide in your favor. Step it up.

What to say when a judge can see your boobs?

If the judge can see your boobs, he's not listening to your story. If I can see your boobs, then I know you didn't care enough about yourself to talk to an attorney. Dress like you are going to church. Credibility is one of the most important things in this world - and most important in a courtroom.

What happens if you don't pay your lawyer?

If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.

What to do if no one can confirm a story is true?

If no one can confirm that the story is true, you will at least need something external, such as a hard copy document, to prove your case. Be prepared.

Where to go if you are not satisfied with your lawyer?

If you're not satisfied with your lawyer's strategy decisions or with the arguments the lawyer has been making on your behalf, you may even want to go to the law library and do some reading to educate yourself about your legal problem.

What to do if your lawyer doesn't respond?

If your lawyer does not respond, or subsequent meetings or conversations are not fruitful, consider suggesting mediation to work out your communication problems if you still want this lawyer to represent you. A bad deskside manner doesn't mean that the lawyer isn't an excellent lawyer, and it can be difficult to find a new one in the middle of a case.

What is the agency responsible for licensing and disciplining lawyers?

Every state has an agency responsible for licensing and disciplining lawyers. In most states, it's the bar association; in others, the state supreme court. The agency is most likely to take action if your lawyer has failed to pay you money that you won in a settlement or lawsuit, made some egregious error such as failing to show up in court, didn't do legal work you paid for, committed a crime, or has a drug or alcohol abuse problem.

What to do if you lost money because of a lawyer?

If you lost money because of the way your lawyer handled your case, consider suing for malpractice. Know, however, that it is not an easy task. You must prove two things:

What is the defense of a lawyer who is sued for malpractice?

A common defense raised by attorneys sued for malpractice is that the client waited too long to sue. And because this area of the law can be surprisingly complicated and confusing, there's often plenty of room for argument. Legal malpractice cases are expensive to pursue, so do some investigating before you dive in.

What to do if your lawyer is unresponsive?

If the lawyer is unresponsive and the matter involves a lawsuit, go to the courthouse and look at your case file, which contains all the papers that have actually been filed with the court. If you've hired a new lawyer, ask her for help in getting your file. Also, ask your state bar association for assistance.

What to do if you can't find out what has been done?

If you can't find out what has (and has not) been done, you need to get hold of your file. You can read it in your lawyer's office or ask your lawyer to send you copies of everything -- all correspondence and everything filed with the court or recorded with a government agency.

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• In addition to someone with a specialization in the area of law you require, choose an attorney with experience cases similar to your own. You can find out information about their practicing history by simply asking them, or checking out their firm’s website (if they have one). An attorney with more experience may be more valuable, but only if thei...

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