Questions tagged [lawyer]

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

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0answers
36 views

How do I use a lawyer/solicitor in England? [closed]

There are times when something bad happens and the first thing you should do (as I understand) is to get legal advice so that you don't accidentality make the situation worse (e.g. give away too much ...
6
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2answers
7k views

Is a lawyer allowed to stop representing his client?

Imagine a person accused of committing a crime hires a lawyer. After a while something happens and the lawyer decides he or she doesn't want to represent the client any more. For example: Ethical ...
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3answers
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 ...
6
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3answers
118 views

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 ...
8
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1answer
1k views

“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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4answers
100 views

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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3answers
1k views

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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1answer
87 views

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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2answers
84 views

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 ...
14
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10answers
43k views

Why are lawyers not called “doctor”?

I don't quite understand the education process for lawyers, but I do understand there are a number of different degrees, and one of them is 'JD', the juris doctor. My Latin is quite rusty, but I ...
3
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2answers
207 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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3answers
170 views

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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1answer
204 views

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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1answer
53 views

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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0answers
50 views

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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2answers
87 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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2answers
215 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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1answer
3k views

How do lawyers bill for phone/email requests?

I work in an agency where clients will ask for investigations or have queries or specific requests (requiring research/analysis) via email or phone or even text. I need to bill for this time without ...
3
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2answers
240 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, ...
10
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1answer
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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4answers
156 views

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 ...
8
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2answers
955 views

Is everything between me and my lawyer confidential?

From the law point of view can I tell my lawyer EVERYTHING knowing that he is NOT allowed to disclose anything I tell him including crimes I did in the past or crimes I am planning to commit in the ...
5
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6answers
46k views

What options does a lawyer have if a client admits he is guilty but doesn't want to admit it to the court?

This question is inspired by this question. If a client tells his lawyer he is guilty of the crime but does not want to admit it to the judge, what options does the lawyer have? Must the lawyer admit ...
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2answers
168 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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2answers
81 views

What is the difference between thinking auto insurance claim with or without a lawyer?

When in an accident, i contacted my insurance company to start a claim. My general understanding that if I'll take lawyer to pursue the other insurance company, any settlement would be split between ...
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1answer
73 views

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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3answers
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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2answers
105 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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1answer
105 views

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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1answer
147 views

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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3answers
151 views

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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4answers
2k views

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 ...
27
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12answers
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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1answer
136 views

Is it unethical for a prosecutor not to try his hardest to get an indictment?

A Grand Jury failed to indict Darren Wilson, the police officer who shot Michael Brown, which led to riots in Ferguson, MO. This my have been due in part to the fact that the prosecutor presented the ...
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1answer
119 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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6answers
2k views

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 ...
0
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1answer
83 views

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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1answer
5k views

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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9answers
49k views

What does a lawyer do if they know for absolute certain that their client is guilty?

Say that a person is accused of committing a crime, they either hire a lawyer or have one appointed to them. Some time later, the lawyer learns that their client most certainly committed the crime. ...
0
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3answers
94 views

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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3answers
9k views

Both parties have retained a lawyer, what if the other party still communicates to me directly?

The other party started to use a lawyer, and then I retained a lawyer and responded to their letter. But what if they still contact me directly about the matters lawyers are dealing with? What type ...
3
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3answers
343 views

Can I hire a lawyer with contingent pay in the US while from abroad?

We have purchased some equipment online in a pre-order from an U.S. based company. It was divided in 2 different orders: one order of 11 units (with the promise of 1 extra unit for free), and one ...
6
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2answers
266 views

Is there a legally stronger resource than legal advise from a lawyer?

As far as I am concerned lawyers interpret, to the best of their ability, the law when giving legal advice to a client in a lawyer-client relationship. Since some legal problems can be quite complex ...
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2answers
39k views

Why are lawyers typically excluded from juries?

At least in the United States practicing lawyers are called to serve on juries. But my understanding is at least one side will always remove them before trial. Why would it always be the case that ...
2
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1answer
372 views

How do I go about having a guilty plea withdrawn in New York?

I was falsely arrested for Criminal Trespass and during the arrest I was mistreated. I told my lawyer i wanted to sue the city and cops for the wrongful acts they did to me and the fails incarceration....
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1answer
86 views

What can I do if my attorney misses a court deadline?

In California civil court cases: Will court extend filing deadlines for me if I can prove that my attorney was unresponsive? Are attorneys liable for the consequences of missing court deadlines?
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2answers
134 views

Do pro bono lawyers have to file that they represent a client to claim attorney client privilege?

I was watching an exchange between Chris Cuomo and Rep. Matt Gaetz about the relationship between President Trump and his personal attorney Mayor Giuliani. In it Chris said: The great theory here is, ...
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3answers
145 views

How to find/choose a criminal lawyer in another state?

I am seeking an attorney, in a state other than my own (in the USA), to provide me with guidance in the area of criminal law. (I have some specific questions.) How might I go about finding such an ...
0
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1answer
153 views

A lawyer ignored key evidence. Reasonable for me to complain to the Law Society of Ontario?

I don't want to be identified or give out too many details. Thus let's assume the facts of this case. Mine is pretty similar. He bought a used car on 5-30-2011 for $10K from a Toyota dealership ...
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2answers
155 views

If I sue someone for a small amount, and win, do they have to pay for my lawyer?

If I sue my former landlord for taking an extra 150 € from my deposit and I win, besides from the money they should give me back (the 150 €) should they pay for my lawyer expenses? Or is there a ...