Hot answers tagged

88 votes
Accepted

Why are lawyers typically excluded from juries?

Technically anyone can sit on a jury. Lawyers are not automatically excluded from juries anymore, as being called for jury duty is a right and a duty that the law abhors automatically excluding people ...
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65 votes

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

Don't write back to them. Pass any direct communication on to your lawyer and let your lawyer handle it.
  • 27.7k
48 votes

Why do non-lawyers refer you to lawyers even when they know the answer?

Another possible answer: The legal profession is a cartel, protected by laws. "Unlicensed/Unauthorized Practice of Law" is a big enough issue that its acronym (UPL) is well known among people who ...
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43 votes
Accepted

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

In some jurisdictions it's against the code of ethics. For example, in the united-states, Model Rule of Professional Conduct 5.4(b) says: A lawyer shall not form a partnership with a nonlawyer if ...
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41 votes

Why do we need lawyers in the Judicial system?

The law is known to everyone in theory. But as various people are said to have said, In theory, theory and practice are the same. In practice, they are not. Starting from zero and actually ...
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40 votes
Accepted

What is the purpose of a disclaimer like "this is not legal advice"?

In most jurisdictions, practicing law without a bar license is a serious offence, which, inter alia, is the primary reason why a non-lawyer would use this disclaimer. Lawyers also use this disclaimer ...
37 votes

Why do lawyers write contracts with language that is more difficult to understand than other works?

There Is Little Pressure To Improve Contract Drafting One piece of the puzzle is tradition and habitual writing style. A customary writing style for legal documents evolved over time, some of those ...
  • 152k
34 votes

Is a lawyer allowed to follow a client's instructions to hide evidence?

Quick answer "Is a lawyer allowed to follow a client's instructions to hide evidence?" Probably not. I discuss this in the final section of this answer. About this specific case, the Crown ...
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32 votes
Accepted

Are lawyers permitted to advise what the best decision is likely to be?

There is a firm difference between giving advice on "what the best decision is likely to be" and "what decision to make". The former is what lawyers must do, which comes from: Conduct and Client ...
  • 22.3k
28 votes

What is the purpose of a disclaimer like "this is not legal advice"?

This is not legal advice. If I say "this is not legal advice", and you rely on what I say, and try to sue me if everything goes pear shaped, then a judge will laugh you out of court. If I don't ...
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28 votes

How does Australia split its legal profession?

In many Common Law nations, the distinction between solicitor and barrister is that the solicitors traditionally have direct access to clients and do much of the paperwork and discuss the planning ...
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24 votes

Why do lawyers write contracts with language that is more difficult to understand than other works?

Why do lawyers write contracts with language that is more difficult to understand that other works? Because if contracts were written easy to understand, lay persons wouldn't need lawyers to explain ...
  • 22.3k
22 votes

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

Your lawyer will likely advise you to keep direct communication to a minimum. There is good reason for this – they can cherry-pick from what you say, to find only those aspects of your communication ...
21 votes

Why do we need lawyers in the Judicial system?

There are four similar answers here already, all about why it's a good idea to involve an expert. There isn't much engagement with the apparent discrepency you're asking about; the discrepency ...
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21 votes
Accepted

Why did Christopher Tran warn Judge Kelly about the Minister for Immigration's power to cancel Djokovic's visa?

Video of that portion of the hearing can be found on the court's YouTube channel. It doesn't seem to me like anything nefarious. My interpretation is that Mr. Tran is just giving Judge Kelly this ...
21 votes

Advantages of a law license other than the ability to practice law

If you stay licensed, you have the option to enter the practice of law in the future with no administrative hassles. In contrast, if you let your license lapse, you could have to study for and take ...
  • 152k
19 votes

Advantages of a law license other than the ability to practice law

Only lawyers can own law firms. Simply put, lawyers have a legal monopoly on the ownership of law firms. If you want to buy a stake in one, you need to be a lawyer. Even if a billionare like Jeff ...
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17 votes
Accepted

Alternative systems without the Right to Remain Silent

Overview The "right to remain silent " is a feature of US law, inherited, like much of the basic structure of US law, from the British law of the late 1700s. The right is also retained in ...
17 votes

Advantages of a law license other than the ability to practice law

As a comparison. I'm an Engineer. I'm a Professional Engineer in my home province in Canada, but I've lived in the US for 30 years now. I continue to send my fees each year so that I can say "...
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17 votes

Is a lawyer allowed to follow a client's instructions to hide evidence?

The details and principles of this case seem well addressed in the answer by Jen. But I wish to address a particular point in the question which does not depend on the detailed facts of this ...
16 votes

Why do non-lawyers refer you to lawyers even when they know the answer?

I'm a high school student. I've written around 43 answers so far, but there's a couple reasons I wouldn't want to answer the question... The situation is too specific There's too many details to ...
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16 votes
Accepted

How does Australia split its legal profession?

According to this Australian source the terms have the same meaning as every other jurisdiction I am familiar with: Barristers are lawyers, but not all lawyers are barristers.
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15 votes
Accepted

"Does not put forward a case inconsistent with the confession" of guilt

A not guilty plea is not part of the case of a defendant or a defense attorney. A "case" refers to evidence and argument made at trial (or conceivably in a pre-trial hearing). The rule in ...
  • 152k
13 votes

Why do non-lawyers refer you to lawyers even when they know the answer?

There's a few reasons, and I'm not sure that they've been covered thoroughly. Also, note that this relates to common law and an understanding of Western societies, rather than civil law systems. We ...
  • 11.8k
13 votes
Accepted

Is a lawyer allowed to stop representing his client?

A Lawyer In A Court Case Needs Court Permission To Withdraw Once a lawyer is representing a client in court, the lawyer can cease to represent the client, either by "withdrawing" or in a "...
  • 152k
13 votes

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

Show the correspondence to your lawyer and discuss what to do So, you've both hired lawyers and that means that your respective lawyers will be looking to protect your legal interests. They should, ...
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13 votes
Accepted

Did Rudy Giuliani act as an effective legal advocate for his client?

No, he was not effective A good lawyer litigating a constitutional law case would know what the standards of review are for determining constitutionality (strict scrutiny, intermediate scrutiny, or ...
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13 votes

How does Australia split its legal profession?

Lawyer is perfectly fine Lawyer is a catch-all term for both barristers and solicitors.
  • 166k
12 votes
Accepted

How can we resolve a bet on a question of law?

You can jointly hire a lawyer Yes, they can jointly hire a lawyer, coming at the lawyer essentially as one single entity: a partnership. The lawyer will research both sides of the question, and give ...

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