when the attorney general is not a lawyer

by Hope Quigley 10 min read

Note that if the AG were not a lawyer, then legal-advice communications with him/her would not be attorney-client privileged. Other privileges might still apply. If I recall correctly, the whole Paula Jones thing made attorney-client privilege a non-issue for the president. It’s executive privilege that is the operational issue.

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Should attorneys general defend state laws?

Dec 22, 2020 · “No, no. I guarantee you I’m going to do what I said,” when asked by a reporter about if the ongoing investigation into Hunter Biden’s taxes came up in those talks related to picking who will eventually become his U.S. attorney general. “The attorney general of the United States of America is not the president’s lawyer,” the president-elect said. “I will appoint …

What is the role of the Attorney General?

Sep 23, 2011 · The Attorney General invariably has been, but is not legally required to be, a lawyer. The Constitution is silent as to his or her qualifications, and 28 U.S.C. 503 provides …

What is the origin of the term Attorney General?

Jul 27, 2017 · Zoeller points to the example of Proposition 8, which banned same-sex marriage in California. The attorney general there refused to defend the law, so the Supreme Court threw it …

Who is the most recent US Attorney General to die?

Although the terms often operate as synonyms, an attorney is a lawyer but a lawyer is not necessarily an attorney. To the general public, these terms may be used interchangeably but to …

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Is the Attorney General the president's lawyer?

The United States attorney general (AG) leads the United States Department of Justice, and is the chief lawyer of the federal government of the United States. The attorney general serves as the principal advisor to the president of the United States on all legal matters.

Is Attorney General a powerful position?

Attorneys general are the top legal officers of their state or territory. They advise and represent their legislature and state agencies and act as the “People's Lawyer” for the citizens. Most are elected, though a few are appointed by the governor.

What is the role of the Attorney General of the United States?

The Attorney General represents the United States in legal matters generally and gives advice and opinions to the President and to the heads of the executive departments of the Government when so requested. In matters of exceptional gravity or importance the Attorney General appears in person before the Supreme Court.Mar 12, 2021

Why do we say attorneys general instead of Attorney Generals?

With “Attorney General,” general modifies the noun attorney. Thus, when there is more than one Attorney General, you would write “Attorneys General.” This makes sense. You make the noun plural by adding an “s” to it.Feb 18, 2013

Who can remove the attorney general?

the President
He can be removed by the President at any time. He can quit by submitting his resignation only to the President. Since he is appointed by the President on the advice of the Council of Ministers, conventionally he is removed when the council is dissolved or replaced.

What is an attorney called?

A lawyer (also called attorney, counsel, or counselor) is a licensed professional who advises and represents others in legal matters.Sep 10, 2019

Which of the following are daily responsibilities of a district attorney?

Preparing criminal prosecution cases and representing the state in court. Reviewing police reports and collaborating on criminal investigations. Assessing the legal merits in bringing criminal charges against perpetrators. Consulting with victims, law enforcement, judges, and alleged perpetrators.

What is the difference between Attorney General and Chief Justice?

In layman terms, Chief Justice is a Judge and Attorney General is a Lawyer, both have distinct roles to play. The Attorney General of India is the highest law officer of the country and he/she is the chief legal advisor to the GoI. He is responsible to assist the government in all its legal matters.Feb 20, 2020

Who was the last Attorney General of the United States?

List of U.S. attorneys general
Attorney GeneralYears of service
Merrick Garland2021-Present
Eric Holder2009-2015
Michael B. Mukasey2007-2009
Alberto R. Gonzales2005-2007
82 more rows

Which is correct attorney-generals or attorneys general?

In American English, attorneys general is the correct plural form. The British prefer attorney-generals (the Brits have long hyphenated the phrase).May 1, 2013

Is attorneys general correct grammar?

“General” here, though, is an adjective, not a noun; you can think of them as “general attorneys.” So the plural goes on the noun, and the proper form is “attorneys general.” Unless you're British. Then you can call them “attorney-generals,” but don't forget the hyphen.Mar 21, 2016

Is the Attorney General a general?

Image of Is the Attorney General a general?
Merrick Brian Garland is an American lawyer and jurist serving as the 86th United States attorney general since March 2021. He served as a circuit judge of the U.S. Court of Appeals for the District of Columbia Circuit from 1997 to 2021.
Wikipedia

Does the Attorney General give legal advice?

In practice, the extent to which the attorney general personally provides legal advice to the government varies between jurisdictions, and even between individual office-holders within the same jurisdiction, often depending on the level and nature of the office-holder's prior legal experience.

What is the role of an attorney general?

In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have executive responsibility for law enforcement, prosecutions or even responsibility for legal affairs generally. In practice, the extent to which the attorney general personally provides legal advice to the government varies between jurisdictions, and even between individual office-holders within the same jurisdiction, often depending on the level and nature of the office-holder's prior legal experience.

Who is the Attorney General of Australia?

The Attorney-General is the minister responsible for legal affairs, national and public security, and the Australian Security Intelligence Organisation. Michaelia Cash is the current Attorney-General.

What is the mission of the Attorney General of Ireland?

The Mission of the Office of the Attorney General is to provide the highest standard of professional legal services to Government, Departments and Offices. The Attorney General of Ireland is the legal adviser to the Government and is therefore the chief law officer of the State.

What is the role of the Attorney General of New Zealand?

In New Zealand, the Attorney-General is the chief law officer and primary legal advisor of the New Zealand government. The Attorney-General is the Minister responsible for the Crown Law Office, the Parliamentary Counsel Office, and the Serious Fraud Office. Historically, the post could be held either by a politician or by a senior jurist, but today, it is invariably held by a member of Parliament. The Attorney-General attends Cabinet, but the post is not the same as the Minister of Justice. By tradition, persons appointed to the position of Attorney-General have been lawyers. Only two former Attorneys-General have not been lawyers, most recently Dr Michael Cullen who held the post in 2005, and again from 2006.

Is the Attorney General the same as the Minister of Justice?

The Attorney-General attends Cabinet, but the post is not the same as the Minister of Justice. By tradition, persons appointed to the position of Attorney-General have been lawyers. Only two former Attorneys-General have not been lawyers, most recently Dr Michael Cullen who held the post in 2005, and again from 2006.

What is the office of the Attorney General of the Philippines?

The Office of the Solicitor General is the law firm of the Republic of the Philippines. It is tasked with representing the Philippines, the Philippine Government, and all its officials in any litigation or matter requiring the services of a lawyer especially before appellate courts. It is an independent and autonomous office attached to the Department of Justice for budgetary purposes.

What is the job of the Attorney General?

The attorney general serves as the principal advisor to the president of the United Stateson all legal matters. The attorney general is a statutory member of the Cabinet of the United States.

When does the Attorney General have to resign?

Presidential transition[edit] It is the practice for the attorney general, along with the other Cabinet secretaries and high-level political appointees of the President, to tender a resignation with effect on the Inauguration Day(January 20) of a new president.

Is "general" a noun?

The title "attorney general" is an example of a noun (attorney) followed by a postpositive adjective(general).[8]". General" is a description of the type of attorney, not a title or rank in itself (as it would be in the military).[8]

Is an attorney general a lawyer?

The Attorney General invariably has been, but is not legally required to be, a lawyer. The Constitution is silent as to his or her qualifications, and 28 U.S.C. 503 provides simply, “The President shall appoint, by and with the advice and consent of the Senate, an Attorney General of the United States. The Attorney General is the head of the Department of Justice.” Sec. 505 still includes the language “learned in the law” as to the Solicitor General only. I agree that it’s almost inconceivable that a non-lawyer would ever be nominated to the post nowadays.

Do you have to be an attorney to supervise a lawyer?

You have to be an attorney to supervise them in the sense of practicing law. You don’t have to be an attorney to supervise them in the sense of assigning them tasks and stuff - corporate counsel report to non-attorney CEOs and vice presidents and so on.

Why does the Attorney General defend state laws?

One reason the AG gets to defend state laws is that constitutional expertise resides in that office.

Why do lawyers refuse to defend state laws?

Attorneys general who refuse to defend state laws typically say it’s because those laws are unconstitutional, but Zoeller says that’s not their call to make. “The courts are empowered to make the decision of whether a law is constitutional or not,” he says.

Why do assistant AGs defend state laws?

One reason the AG gets to defend state laws is that constitutional expertise resides in that office.

What Qualifies Someone as a Lawyer?

A lawyer is someone who is learned and trained in law. Yet, they may not actually practice law. They often give legal advice. By attending law school in the United States, one can be considered a lawyer. A student of law must pass the bar exam in their particular jurisdiction in order to practice law by providing legal representation.

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What Qualifies Someone as an Attorney?

An attorney at law or attorney-at-law is typically abbreviated to attorney in everyday conversation. An attorney is considered the official name for a lawyer in the United States. The first known use of the term attorney-at-law was in 1768.

Other Common Law Terms of Distinction

In other common law jurisdictions around the world such as England and Wales, more specific distinctions are drawn. There, they differentiate between those who practice law in court and those who do not by the use of terms such as solicitors, barristers, and advocates. In other countries, public notaries are also distinguished from attorneys.

The Professional Title Esquire

An additional term used is esquire. It is employed at the end of an attorney’s name, abbreviated as Esq. Its purpose is to give an honorary title. Similar to the use of the abbreviations Dr. or Ph.D., it also signifies a professional title.

Lawyer and Attorney Education

If you are interested in pursuing a career as a lawyer or attorney, choose what education level that best describes you:

How to prove that a lawyer did not owe a duty to a client?

The only practical way for a lawyer to demonstrate he or she did not owe a duty to a person claiming to be a client is to establish that the other person was never a client or that the lawyer's actions which are claimed to have been negligent occurred before or after the existence of the attorney-client relationship.

What happens if a client hires another lawyer to file a lawsuit?

For example, if a client hires a lawyer to file a lawsuit, then stops communicating with the lawyer and hires another lawyer to file the same lawsuit, the fact that the first lawyer fails to file the lawsuit on time may not be the proximate cause of the plaintiff's damage because the other - more recent lawyer - also failed to file the same case.

What is a duty upon us to act reasonably?

Examples of these duties are: (1) when driving an automobile, we have a duty to operate it in a reasonable and careful manner so as not to injure other people and property;

What is the failure to fulfill these duties to others called?

The failure to fulfill these duties to others is called "negligence.". The law provides a remedy for people who are injured by the negligence of others - the civil lawsuit. Generally speaking, in order to prove a case of negligence in a civil court, the plaintiff must prove four elements: (1) duty; (2) breach of duty; (3) proximate cause;

What happens if a professional falls below the standard of practice?

If the professional's conduct falls above this standard of practice imaginary line, it is deemed to have not been negligent. If the professional's conduct falls below this. imaginary standard of practice line, the professional is deemed to have been negligent and may be liable to any person injured by his or her negligence.

Is a lawyer's violation of ethical rules evidence of negligence?

ETHICS AND NEGLIGENCE. It is important to note that a lawyer's violation of ethical rules may not necessarily be evidence of negligence and vice versa. Ethical violations are enforced by the state bar of the state in which the lawyer practices, not by a court. Conversely, a state bar does not usually have the power to award damages ...

Can negligence be proved?

CONCLUSION#N#Negligence claims against lawyers are one form of negligence cases. Because of their complexity and expense (the cost of expert witnesses) negligence claims against lawyers are often difficult prove. However, in the case of obvious errors (missed statute of limitations or failure to appear for trial), such cases can be justified and won.

Sometimes the lines that divide professions exist for a reason

Two months ago, a relatively innocuous headline — Husch Blackwell’s Next Leader Is a Newly Employed Non-Lawyer — lit a fire around the blogosphere.

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We recently sat down with Daniel Lewis, Vice President of Practical Guidance and Analytical Content at LexisNexis, to discuss Practical Guidance’s new data-driven approach, how…

What is the difference between a lawyer and a client?

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.

Do lawyers need to take more cases?

Don' t forget that lawyers don't always need to take more cases. Yes, new clients are a great thing, but I don't want clients that will eat all my time and get no where fast. Your tip: keep your communication very simple and to the point.

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 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.

Can a lawyer take your money?

While lawyers can certainly take your money and your time and we can file a case that will be very hard to win, if you don't care enough about your life to get a contract, the judge is not very likely to be on your side. At least, not automatically. Oral contracts are extremely hard to prove. What are the terms.

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.

What happens if you wear sweats to the courthouse?

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. Your case depends on it.

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Overview

Attorneys-general in common law and hybrid jurisdictions

Attorneys-General in common law jurisdictions, and jurisdictions with a legal system which is partially derived from the common law tradition, share a common provenance.
In Australia, the attorney-general is the chief law officer of the Crown and a member of the Cabinet. The Attorney-General is the minister responsible for legal affairs, national and public security, and the Australian Security Intelligence Organisation. Michaelia Cashis the current Attorney-General. …

Etymology

In regard to the etymology of the phrase Attorney General, Steven Pinker writes that the earliest citation in the Oxford English Dictionary is from 1292: "Tous attorneyz general purrount lever fins et cirrographer" (All general attorneys may levy fines and make legal documents). The phrase was borrowed from Anglo-Norman French when England was ruled by Normans after the conquest of Englandin the 11th-century. As a variety of French, which was spoken in the law courts, schools, …

Similar offices in non-common law jurisdictions

Non-common law jurisdictions usually have one or more offices which are similar to attorneys-general in common law jurisdictions, some of which use "attorney-general" as the English translation of their titles.
The state attorney (ríkislögmaður) represents the state in civil lawsuits. The state attorney is appointed by the Prime Ministerfor a period of 5 years and must have the same qualifications re…

External links

• Quotations related to Attorney general at Wikiquote