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Understanding When You Need a Lawyer: Key Considerations and Procedures

Knowing when to hire a lawyer can depend on individual circumstances and the nature of the dispute. Not all issues require legal representation or courtroom battles. This guide explores the various steps to resolving disputes—including informal talks, mediation, arbitration, and court action. It emphasizes the importance of questions to ask potential lawyers, understanding fees, maintaining attorney-client privilege, and the role of ethics in legal practice. Additionally, it outlines the defenses and prosecution roles lawyers undertake, and what to do if you wish to dismiss your lawyer.

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Understanding When You Need a Lawyer: Key Considerations and Procedures

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Presentation Transcript

  1. UNIT 1 – INTRO TO LAW Section 3: Lawyers

  2. When do you need a lawyer? • It depends on the individual and situation • Not all disputes need lawyers involved or even go to trial

  3. Solving Disputes • Step 4 • Arbitration • Step 3 • Mediation • Introduction • Telling the Story • Identify positions and interests • Identify alternative solutions • Revising and discussing solutions • Reaching an agreement • Step 1 • Informal Talk • Step 2 • Negotiation • Less Formal • Just the disputants settle things • Not legally binding • Step 5 • Court Action • More formal • Many people involved • Enforced by the courts

  4. What to ask a lawyer? • What is the lawyer’s fee? • Will there be a written fee agreement? • Has the lawyer ever handled cases like yours before? • Will the lawyer provide you with copies of all correspondence and documents prepared on your behalf? • Will the lawyer keep you informed of any new developments in your case and talk to you in “plain English”?

  5. Lawyer Fees • Retainer - down payment on the total fee. • Contingency fee – percentage of whatever amount the client wins/settles for.

  6. Working with a lawyer • Attorney-client privilege • Whatever you tell your attorney about your case is private and confidential. Information can not be disclosed to anyone without your permission. • A good attorney will give you advice • You must make the final decision • An attorney’s job is to help you understand what is going on • So that you can make an informed decision • You should ask questions to clarify

  7. Lawyer Code of Ethics • A lawyer should assist in maintaining the integrity and competence of the legal profession • A lawyer should assist the legal profession in fulfilling its duty to make legal counsel available. • A lawyer should assist in preventing the unauthorized practice of law. • A lawyer should preserve the confidences and secrets of a client. • A lawyer should exercise independent professional judgment on behalf of a client. • A lawyer should represent a client completely. • A lawyer should represent a client zealously within the bounds of the law. • A lawyer should assist in improving the legal system. • A lawyer should avoid the appearance of professional impropriety.

  8. Dismissing a lawyer • You may discharge your lawyer if you are not satisfied • Once in court, a judge will permit this change only for a very good reason.

  9. A lawyers’ job: Defense or Prosecution Defense Prosecution • Protect the rights of the convicted individual • Prove the defendant to be innocent of charges • Attempt to get lowest punishment for the defendant • Protect the rights of the wronged/harmed individual • Prove the defendant to be guilty of charges • Attempt to get the strongest punishment for the convicted individual

  10. Lawyer Vocab. • Disbarred – license to practice law is revoked • Violation of standards of conduct • May be reprimanded, suspended, or disbarred • Once disbarred, a lawyer no longer has a license to practice law • Legal malpractice– attorney lawsuit for serious errors that result in injury or loss to a client. • Filed by the client against their lawyer.

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