LawyersLawyersWhat is a lawyer?What is a lawyer?

When do you need a lawyer?When do you need a lawyer?How do you find a lawyer?How do you find a lawyer?

How do you work with your lawyerHow do you work with your lawyer

Becoming a LawyerBecoming a Lawyer Complete a 4-year college programComplete a 4-year college program

Demonstrate strong academic skillsDemonstrate strong academic skillsTake LSAT (Law School Admission Test)Take LSAT (Law School Admission Test)

Complete Law School (usually 3 years)Complete Law School (usually 3 years) Pass the State Bar ExamPass the State Bar Exam

Each state sets eligibility for their stateEach state sets eligibility for their state

WASHINGTON STATE LAW SCHOOLSWASHINGTON STATE LAW SCHOOLS Gonzaga UniversityGonzaga University Seattle UniversitySeattle University University of WashingtonUniversity of Washington

What is a LAWYER?What is a LAWYER?A lawyer (also called attorney, counsel, A lawyer (also called attorney, counsel,

counselor, litigator, barrister, or solicitor) is counselor, litigator, barrister, or solicitor) is a licensed professional who advises and a licensed professional who advises and represents others in legal matters. Today's represents others in legal matters. Today's lawyer can be young or old, male or lawyer can be young or old, male or female. Nearly one-third of all lawyers are female. Nearly one-third of all lawyers are under thirty-five. Almost half the law under thirty-five. Almost half the law students today are women, and women students today are women, and women will probably ultimately be as numerous in will probably ultimately be as numerous in the profession as men. the profession as men.

When do I need to contact When do I need to contact a lawyer?a lawyer?

There are matters best handled by a lawyer. There are matters best handled by a lawyer. Nearly everyone agrees that you should Nearly everyone agrees that you should talk with a lawyer about major life events talk with a lawyer about major life events or changes, which might include: or changes, which might include:

Being arrested for a crime or served with legal papers in a civil Being arrested for a crime or served with legal papers in a civil lawsuit; lawsuit;

Being involved in a serious accident causing personal injury or Being involved in a serious accident causing personal injury or property damage; property damage;

A change in family status such as divorce, adoption, or death; A change in family status such as divorce, adoption, or death; A change in financial status such as getting or losing valuable A change in financial status such as getting or losing valuable

personal property or real estate, or filing for bankruptcy. personal property or real estate, or filing for bankruptcy.

Why do you need a lawyer?Why do you need a lawyer?

When you are buying or selling a homeWhen you are buying or selling a home When you are organizing a businessWhen you are organizing a business When you are changing family statusWhen you are changing family status When you are making/changing a willWhen you are making/changing a will When handling accidents involving personal When handling accidents involving personal

injury or property damageinjury or property damage When signing a large or important contractWhen signing a large or important contract When defending a criminal chargeWhen defending a criminal charge When bringing a civil suit ($5000 or less)When bringing a civil suit ($5000 or less)

?What to ask your Attorney??What to ask your Attorney? What is the lawyer’s fee?What is the lawyer’s fee? Will there be a written fee agreement?Will there be a written fee agreement?

How often will you be billedHow often will you be billed Will the lawyer tell you when the fee is going to exceed a Will the lawyer tell you when the fee is going to exceed a

certain limitcertain limit

Has the lawyer ever handled cases like this Has the lawyer ever handled cases like this before?before?

Will the lawyer provide you with copies of Will the lawyer provide you with copies of everything prepared on your behalf?everything prepared on your behalf?

Will the lawyer keep you informed of any new Will the lawyer keep you informed of any new developments in your case and talk to you in developments in your case and talk to you in “plain English”?“plain English”?

The Car CrashThe Car Crash(read page 68)(read page 68)

Get into the your groupsGet into the your groups Role-play the initial attorney-client interview Role-play the initial attorney-client interview

between Marie and the attorney(s).between Marie and the attorney(s). Write out the dialogue that take place between Write out the dialogue that take place between

Marie and her attorney(s)Marie and her attorney(s) ATTORNEY(s):ATTORNEY(s):

Ask questions an attorney should ask a clientAsk questions an attorney should ask a client

CLIENT:CLIENT: Provide the attorney with all necessary informationProvide the attorney with all necessary information Ask all the questions that are relevant to Marie’s case Ask all the questions that are relevant to Marie’s case Decide if you should retain that attorneyDecide if you should retain that attorney

Working with your lawyerWorking with your lawyer

Attorney-Client PrivilegeAttorney-Client Privilege – need to be honest – need to be honest Clients need to be able to speak freely with their lawyer to Clients need to be able to speak freely with their lawyer to

assist in preparing a good defenseassist in preparing a good defense If the lawyer had to tell the courts if his/her client admitted to If the lawyer had to tell the courts if his/her client admitted to

a crime, the client would not feel free to be honesta crime, the client would not feel free to be honest A lawyer knowing, fully, what his/her client has done is A lawyer knowing, fully, what his/her client has done is

essential to preparing their defenseessential to preparing their defense

A good attorney will give you legal advice but A good attorney will give you legal advice but the decisions are up to the clientthe decisions are up to the client

How the defense will proceed (who to call, to take the stand)How the defense will proceed (who to call, to take the stand) To take a plea deal or not To take a plea deal or not

Attorneys must follow the rules tooAttorneys must follow the rules too DisbarredDisbarred Legal MalpracticeLegal Malpractice

Group ActivityGroup Activity Get into groups of 3 or 4Get into groups of 3 or 4 DISCUSS the Code of Professional ResponsibilityDISCUSS the Code of Professional Responsibility On one paper, write the cannon down in the order On one paper, write the cannon down in the order

you believe to be the most important and write one you believe to be the most important and write one sentence for EACH explaining WHY this is important sentence for EACH explaining WHY this is important for a lawyer to follow.for a lawyer to follow.

Code of Professional ResponsibilityCode of Professional Responsibility Cannon 1: Assist in maintaining the integrity and competence of the legal : Assist in maintaining the integrity and competence of the legal

professionprofession

Cannon 2: Assist the legal profession in fulfilling its duty to make legal : Assist the legal profession in fulfilling its duty to make legal counsel availablecounsel available

Cannon 3: Assist in preventing the unauthorized practice of law Assist in preventing the unauthorized practice of law

Cannon 4: Preserve the confidences and secrets of a client Preserve the confidences and secrets of a client

Cannon 5: Exercise independent professional judgment on behalf of a Exercise independent professional judgment on behalf of a clientclient

Cannon 6: Represent a client completely Represent a client completely

Cannon 7: Represent a client zealously within the bounds of the law Represent a client zealously within the bounds of the law

Cannon 8: Assist in improving the legal system Assist in improving the legal system

Cannon 9: Avoid the appearance of professional impropriety Avoid the appearance of professional impropriety

Ethical DilemmasEthical Dilemmas

A. Mart, an attorney for the family of a man A. Mart, an attorney for the family of a man killed in an auto crash, visits a bar and killed in an auto crash, visits a bar and runs into a juror in the case. She has a runs into a juror in the case. She has a drink with the juror.drink with the juror.

Ethical DilemmasEthical Dilemmas

B. Nicholas, a criminal defense attorney, B. Nicholas, a criminal defense attorney, puts his client on the stand to testify to her puts his client on the stand to testify to her innocence, even though Nicholas knows innocence, even though Nicholas knows she is lyingshe is lying

Ethical DilemmasEthical Dilemmas

c. Gene, a corporate lawyer, is asked by a c. Gene, a corporate lawyer, is asked by a wealthy client to recommend her son for wealthy client to recommend her son for admission to the state bar. Gene says yesadmission to the state bar. Gene says yes

Ethical DilemmasEthical Dilemmas

D. Antoine represents a man injured by a D. Antoine represents a man injured by a defective lawn mower. The manufacturer’s defective lawn mower. The manufacturer’s insurance company offers a $100,000 insurance company offers a $100,000 settlement. He accepts the settlement settlement. He accepts the settlement without consulting his client.without consulting his client.

Ethical DilemmasEthical Dilemmas

E. Nang, an attorney, has a trial next week E. Nang, an attorney, has a trial next week before Judge DeSilva. Nang sees the before Judge DeSilva. Nang sees the judge in a grocery store and asks if the judge in a grocery store and asks if the trial can be postponed one week.trial can be postponed one week.

Ethical DilemmasEthical Dilemmas

F. Reynolds knows his client is guilty of the F. Reynolds knows his client is guilty of the crime she is charged with. During the trial, crime she is charged with. During the trial, he does not use a tactic that he believes he does not use a tactic that he believes will make his client look not guilty.will make his client look not guilty.

?Do you need an Attorney??Do you need an Attorney?• You hit another car in a parking lot. Your insurance agent indicates that the You hit another car in a parking lot. Your insurance agent indicates that the

company will pay for bodily injury and property damage.company will pay for bodily injury and property damage.• You borrow a friend’s car without his knowledge, and he reports it to the You borrow a friend’s car without his knowledge, and he reports it to the

police as stolen.police as stolen.• You buy a new stereo for $500. One month later, the receiver and speakers You buy a new stereo for $500. One month later, the receiver and speakers

blow out. Your return to the store, and the salesperson tells you he is sorry blow out. Your return to the store, and the salesperson tells you he is sorry but his stereos only have a 2 week guarantee.but his stereos only have a 2 week guarantee.

• You decide to trade in your old car and buy a new one.You decide to trade in your old car and buy a new one.• Two friends are caught robbing the cashier at a local store, and they name Two friends are caught robbing the cashier at a local store, and they name

you as one who helped plan the robbery.you as one who helped plan the robbery.• The principal suspends you from school for two days because of an article The principal suspends you from school for two days because of an article

you wrote for the student newspaper criticizing the school dress code.you wrote for the student newspaper criticizing the school dress code.• You are turned down when you apply for a job. You think you were rejected You are turned down when you apply for a job. You think you were rejected

because you are deaf.because you are deaf.• You do not want your family to inherit the $10,000 you have saved. Told You do not 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 you will die within a year, you want the money to be used for cancer research.research.

• You and your spouse find you can no longer get along. You want a divorce.You and your spouse find you can no longer get along. You want a divorce.• You earn $5,000 working in a restaurant during the year. You want o file You earn $5,000 working in a restaurant during the year. You want o file

your federal income tax return.your federal income tax return.

Do you need an Attorney?Do you need an Attorney?

Explain WHY you might need an attorney in Explain WHY you might need an attorney in the following situations.the following situations.

1. You and your spouse are going to buy your first home1. You and your spouse are going to buy your first home 2. You are pulled over for speeding2. You are pulled over for speeding 3. You have been arrested for having drugs at school3. You have been arrested for having drugs at school 4. You neighbor and you decide to buy a lawnmower together4. You neighbor and you decide to buy a lawnmower together 5. You are getting divorced 5. You are getting divorced 6. You have been accused of cheating on a test6. You have been accused of cheating on a test 7. You were hurt when the bus you were riding in had to stop 7. You were hurt when the bus you were riding in had to stop

suddenlysuddenly 8. You have signed with a professional sports team to play for 8. You have signed with a professional sports team to play for

themthem 9. You are suing someone for $1000 damages9. You are suing someone for $1000 damages 10. You are suing someone for $15,000 damages10. You are suing someone for $15,000 damages

How do you find a lawyer?How do you find a lawyer? Recommendation of someone who had a similar Recommendation of someone who had a similar

legal problemlegal problem Recommendation of a friend who had a matter Recommendation of a friend who had a matter

resolved to their satisfactionresolved to their satisfaction Contact local legal referral serviceContact local legal referral service Lawyers CAN advertiseLawyers CAN advertise Lawyers can be expensive. Some offer services Lawyers can be expensive. Some offer services

for free (pro bono) or for a percentage of the for free (pro bono) or for a percentage of the final judgment (contingency fee)final judgment (contingency fee)

Lawyers AdvertiseLawyers AdvertiseYou need to know whatYou need to know what you are looking foryou are looking forLook for someone whoLook for someone who specializes in the areaspecializes in the area you needyou need If you don’t have money,If you don’t have money, look for one who asks forlook for one who asks for no money up frontno money up front

??should lawyers advertiseshould lawyers advertise??

A television advertisement shows a lawyer A television advertisement shows a lawyer in a bathing suit coming out of a lake. He in a bathing suit coming out of a lake. He says, “If you’re in over your head because says, “If you’re in over your head because of bad debts, let us bail you out. We’re the of bad debts, let us bail you out. We’re the best firm in the state.”best firm in the state.”

Should there be any restrictions on ads like this? Should there be any restrictions on ads like this? If so, what?If so, what?Should there be other restrictions on ads? What?Should there be other restrictions on ads? What?

??should lawyers advertiseshould lawyers advertise??

A lawyer hears that many people have A lawyer hears that many people have been injured as a result of accidents in a been injured as a result of accidents in a particular type of car. He runs a particular type of car. He runs a newspaper ad showing a car crash. The newspaper ad showing a car crash. The ad reads, “If this happens to you, I may be ad reads, “If this happens to you, I may be able to help you recover your losses.”able to help you recover your losses.”

Should the lawyer be able to do this?Should the lawyer be able to do this?

??should lawyers advertiseshould lawyers advertise??

Many people in an area have lost their Many people in an area have lost their jobs and are about to lose their homes jobs and are about to lose their homes because they cannot make their monthly because they cannot make their monthly mortgage payments. Jane, a lawyer, mortgage payments. Jane, a lawyer, writes to all of these people saying she is writes to all of these people saying she is willing to represent them to prevent the willing to represent them to prevent the loss of their homes.loss of their homes.

Should she be allowed to do this?Should she be allowed to do this?

““Need to Knows”Need to Knows”Methods of Conflict ResolutionMethods of Conflict Resolution

Arbitration, Mediation, Negotiations, Settlements, Arbitration, Mediation, Negotiations, Settlements, Ombudspersons, TrialOmbudspersons, Trial

Court SystemCourt SystemState/Federal LawsState/Federal Laws Levels of Courts (types of cases they hear)Levels of Courts (types of cases they hear) Supreme CourtSupreme Court

LawyersLawyers When you need an attorneyWhen you need an attorney How you find an attorneyHow you find an attorney What you ask an attorneyWhat you ask an attorney

VocabularyVocabulary

Adversarial SystemAdversarial System * Ombudsperson* OmbudspersonArbitrationArbitration * Petition for * Petition for

CertiorariCertiorariError in LawError in Law * Settlement* SettlementMediatorMediator * Trial Courts* Trial CourtsNegotiationsNegotiations * Voir Dire* Voir Dire

Chapter AssessmentChapter Assessment

Each student must complete the TAKE Each student must complete the TAKE HOME QUIZ about lawyers.HOME QUIZ about lawyers.

The quiz is due on MondayThe quiz is due on MondayYou may use the remainder of class time You may use the remainder of class time

to work on this. You may work with 1 or 2 to work on this. You may work with 1 or 2 other student during this time.other student during this time.