Questions tagged [lawyer]

For questions about lawyers and the licensed practice of the legal profession.

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How can a person declaring bankruptcy afford a lawyer?

In most jurisdictions, a person overwhelmed by debt can declare a personal bankruptcy (for example, filing for a Chapter 7 bankruptcy in the United States, or for a Verbraucherinsolvenz in Germany). ...
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2 votes
1 answer
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What is the basis/rationale for the barristers' cab rank rule?

Does it only apply to barristers or also solicitors? Why or why not?
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0 votes
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How can I confirm that an attorney is legit?

There's an attorney I can use to jump through MANY hoops to get a good passport. His work he published on his website seems legit according to the translator I used. He's publishing hundreds of ...
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0 votes
1 answer
128 views

How to unhire a lawyer (US)

As suggested by previous commenters here and on money.se, I hired a lawyer to help with issues with my late brother's estate, so that I could sell property we co-owned (joint with right of ...
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Trying to get my money back from an attorney

Does it cost clients to fire their attorney? My ex filed and was taking me to court to get back some of the child support he Paid me . That he has just dropped it but has not filed with the court to ...
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Do lawyers send demand letters to a client who owes them money or do they just sue?

If a lawyer has a deadbeat client, do they just immediately file a complaint against them and seek judgement, or do they send a demand letter first threatening to sue them? I am not asking about when ...
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Lawyer request change in Court proceedings by defendant or plaintiff

According to the law, can a defendant or Plaintiff change his/her lawyer after certain court proceedings in both civil/criminal cases. Example. A Court is adjourned and given a certain date for next ...
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10 votes
3 answers
4k views

How does Australia split its legal profession?

I just got an interesting edit suggestion to my recent question by someone who just registered (perhaps for the purpose of this edit suggestion). It proposes that "lawyer" is replaced with &...
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7 votes
1 answer
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Why did Christopher Tran warn Judge Kelly about the Minister for Immigration's power to cancel Djokovic's visa?

I find this detail in the recent Novak Djokovic's Australian visa saga quite interesting. On Monday, 10 January 2022, when Judge Kelly delivered his decision to reinstate Djokovic's visa, Christopher ...
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3 votes
2 answers
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Is there a term for a legal professional who follows their client in their everyday life just in case legal advise becomes necessary?

Is there a term for someone who acts as a "legal bodyguard"? That would be someone who follows someone around to looks after their legal safety like a conventional bodyguard looks after ...
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2 votes
4 answers
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Is it legal to CC a real or fake lawyer on an email as an intimidation tactic? What if this is combined with registering a new domain?

I heard about this idea on Reddit. To intimidate someone, send them an email and CC (copy) a lawyer with their business email address with the name of the law firm they work for. Also, you can ...
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2 votes
1 answer
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Are DAs and other prosecutors prohibited from being defense attorneys, such as in a pro bono fashion?

If you're a lawyer accepting a job at a DA's office or if you otherwise become a prosecutor, would you be prevented from privately representing clients as a criminal defense attorney? For example, ...
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4 answers
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How do you define legal advice (for the purposes of prohibition of unqualified practice)?

In many (perhaps most) jurisdictions there are prohibitions on unqualified persons providing legal services. The exact scope of the prohibitions many vary from jurisdiction to jurisdiction. Some ...
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1 vote
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UK house purchase lawyer not answering timeline/status questions

In the process on buying a property and apparently there is a mistake in the lease document and it has to be amended. Also I asked several time if there are other things to do in order to close the ...
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2 answers
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Can a lawyer charge me before providing advice

Context: I am employed in the UK. Back in mid-July, I was prospecting for a lawyer to advise me on a new contract my employer wanted me to sign. One of the solicitors who replied to my email asked ...
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2 votes
2 answers
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Can a lawyer question you about your religious beliefs during a trial?

Can a lawyer question you about your religious beliefs during a trial? I've heard that the U.S. census asking about your belief is illegal in the United States. It has been against the law since 1976 (...
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-1 votes
4 answers
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How do defence lawyers get away with saying "he didn't do it" when they only can prove the uncertainty that he did?

Following various criminal trials (like this one) I often see defence lawyers claim that the defendant unequivocally did not commit the crime whereas they do not actually present (or claim to have) ...
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4 votes
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In what circumstances (if any) can a lawyer remain anonymous?

In the United States, are there any circumstances in which a lawyer can keep their identity a secret from opposing counsel in the course of representing a client? In case you think this is just some ...
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9 votes
4 answers
3k views

Alternative systems without the Right to Remain Silent

As I understand it, the "Right to Remain Silent" errs on the side of innocence in the USA justice system. Jurors are usually supposed to rule as if the defendant testified in the manner ...
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6 votes
3 answers
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How does lawyers' duty of fidelity to court work?

Rules of conduct and client care for lawyers say in Chapter 13: The overriding duty of a lawyer acting in litigation is to the court concerned. Subject to this, the lawyer has a duty to act in the ...
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8 votes
1 answer
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"Does not put forward a case inconsistent with the confession" of guilt

In New Zealand, duties of defence lawyers require them to "not put forward a case inconsistent with the confession" if the defendant confesses his/her guilt to them (13.13.2(a)). What ...
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Too old to be a lawyer? [closed]

I’m nearing 40 years old, based in Australia and I would like to steer my career towards cyber crime and litigation involving technology. To practice law, obviously I need to do an LLB/Juris Doctor ...
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3 answers
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In the US, what kind of lawyer represents the government in court?

Just want to know whether the government has a special lawyer or something like that.
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2 answers
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Too many lawyers can threaten a country's freedom? [closed]

I've read somewhere that the US got half the worlds lawyers. Not sure if it's true, but I think it's still quite disproportional with 4% of the worlds population. Will too many lawyers in a country ...
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1 vote
5 answers
135 views

The nature of honesty

Lawyers seem to be accustomed to the phrase "reasonably ought to have known." Lawyers also sometimes have occasion to be concerned with the concepts of honesty and dishonesty. If you ...
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3 votes
2 answers
297 views

Lawyer knows trial is hopeless but tells client they can win

(Hypothetical) Rob is charged with a crime. His lawyer, upon receiving discovery, realises that they are very unlikely to win the trial if they plead not guilty, that the best course of action for Rob ...
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1 vote
3 answers
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How friendly are learned friends supposed to be during court breaks?

In a courtroom, just when everyone arrives before the hearing, how common or expected is it for the opposing lawyers to shake hands (covid aside) and have small talk pretending (or really being) ...
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Did Rudy Giuliani act as an effective legal advocate for his client?

Setting aside politics and opinions on the actual merits of the case, did Rudy Giuliani act as a competent legal advocate in support of his client's position in his November 17 argument in federal ...
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2 votes
4 answers
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Why do lawyers tend to be very conservative in making suggestive predictions?

Lawyers tend to be very conservative. For instance, clients often ask them for an assessment of "the chance of X going through". While clients can make it clear (in writing) that lawyers ...
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1 vote
1 answer
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Can you hire attorney to obtain birth certificate for your child if you are out of country?

Consider a situation where non-US citizen parents (say Indian parents) have a child in US thus child is US citizen by birth. They obtain birth certificate and passport for the child and go back to ...
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1 vote
0 answers
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Precedents for Attack on Lawyer in Court and Response from the Judge

I watched the classic Liar Liar Movie and also the breakdown by a youtuber Legal Eagle where he noted in the case where the lawyer injured himself to look wounded and get relief that the entire court ...
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0 votes
2 answers
105 views

Judge's change of sentence

In a criminal case, can a Judge change his sentence to give a lesser punishment for the crime committed on request of the lawyer of the client who had filed the case? Example: The Judge has given a ...
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-1 votes
2 answers
273 views

Can i represent myself in a German court without a lawyer?

I want to represent myself in german court because I don't have money for a lawyer (i am a student international ) and I also don't know anything about german laws at all I have many evidence(gmails/...
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11 votes
1 answer
2k views

What happens if you tell the court you are not satisfied with your attorney's representation?

I have often heard judges ask parties at the conclusion of a hearing on some matter, "Are you satisfied with your attorney's representation of you in this matter?" What is the consequence of ...
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3 votes
2 answers
283 views

Can lawyers testify against ex-clients?

Related: Is a lawyer allowed to stop representing his client? In the event that a lawyer stops representing the client, and the client openly has told the lawyer that they have committed a crime, ...
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4 answers
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Do lawyers advise not to pursue legal action?

If a person is thinking of taking legal action, if they consult with a lawyer do lawyers ever advise "your chances of winning are so low you shouldn't bother pursuing this"? On one hand it ...
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-1 votes
2 answers
171 views

Can it ever "not please" the court?

Can it ever "not please" the court? If my current understanding of the usual court proceedings (which are, admittedly quite beginner) is correct, from what I have noticed most lawyers will ...
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1 answer
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how and when do family lawyers get in trouble for practicing law in a state they are not licensed?

Say a lawyer is licensed to practice law in State A, and gives legal advice to a family member in state B which they are unlicensed. How could that lawyer violate state bar ethics? Where are the ...
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0 votes
2 answers
111 views

What is the benefit of a large lawyer team?

A pretty common trope in different kinds of media is the idea that large corporations or rich people can screw people like they want and get away with it, because they have oh so many lawyers at their ...
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1 answer
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What happens if bad lawyer advice causes irreparable harm?

Let's reduce the question to Canadian lawyers in immigration practice. Bad advice can cause loss of residency, lifetime ban and more. What's your recourse?
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1 vote
1 answer
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Are public defenders commonly paid "per defense"?

In Better Call Saul, Saul is upset that he's being paid "per defense" (1): Is this a common practice? Don't criminal cases vary significantly in complexity? How is this addressed with ...
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3 votes
3 answers
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As between lawyer and client, who gets to call the shots on strategy and tactics?

This question is a followup on my earlier one. Suppose plaintiff is suing for compensation and/or damages in a tort case. I would guess that the client would have the greater say on strategic matters. ...
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7 votes
4 answers
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How closely must a lawyer follow a client's directives?

A plaintiff launches a lawsuit with a very complicated set of facts and law. The client says, "I want you to focus on issues X, Y, and Z, because those are the ones that I am most comfortable and ...
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21 votes
3 answers
5k views

Why are law firms with non-lawyer owners/directors uncommon?

Most law firms exist as partnerships of their main lawyers who are the owners/directors. Why isn't the model popular where a non-lawyer but talented leader/organizer/visionary just puppets lawyers on ...
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27 votes
12 answers
6k views

Why do we need lawyers in the Judicial system?

Law is supposed to be known to all citizens. It is also assumed (implicitly) that it is correctly understood: Ignorance or misinterpretation is not an excuse before the judge. So why are we required ...
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3 votes
1 answer
133 views

Disclosing damning information as a lawyer

Let's say I'm a defense lawyer and my client is a criminal that killed 50 people so far, but got away with it every single time, and he's on trial for a 51st, which he's also poised to escape because ...
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0 votes
1 answer
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Is the following considered ethical or acceptable behavior for a law firm?

plaintiff commences litigation. This could require up to three proceedings, call them A, B, and C, that are customarily run in sequence, that is, one after another. That is, if plaintiff wins A, there ...
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6 votes
6 answers
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How can we resolve a bet on a question of law?

Bob and Rob debate a question of law and do not agree. There isn't any material dispute between them to go to court about. They just want to find out what the legal truth is / who is right and who is ...
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20 votes
1 answer
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Are lawyers permitted to advise what the best decision is likely to be?

I have engaged lawyers (who I have not dealt with before) to convey my property. New Zealand being "in lockdown" due to COVID19 has somewhat complicated the transaction. The advice I have received ...
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0 votes
3 answers
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Can a company change its contract only for a specific person?

If a rich man is doing business with a company and they want him to sign a contract, can they present him with a different contract than the one they give to other customers to try and take advantage ...
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