90
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 ...
- 11.2k
64
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.
- 35.2k
61
votes
Is an attorney allowed to turn on their client?
Andy would be almost immediately disbarred and might also be held in contempt of court.
Andy would be disbarred for reasons including his violations of the duty of confidentiality owed by Andy to his ...
- 195k
54
votes
How is a wealthy criminal expected to get a good lawyer?
If Carl is rich, he already has a lawyer.
Even if he doesn't already have a lawyer, he can hire the first lawyer he finds to find him another lawyer more to his liking.
- 57.2k
50
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 ...
- 21.7k
48
votes
Accepted
Why don't courts punish time-wasting tactics?
I haven't reviewed the filings, but I can tell you that it's perfectly routine for lawyers to describe the other side's position as "plainly without merit," with no regard for the actual ...
- 57.2k
44
votes
Accepted
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 ...
- 195k
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 ...
- 6,068
41
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 ...
- 518
40
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 ...
- 13k
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 ...
- 43.3k
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 ...
- 25.6k
30
votes
What is the significance of “moral turpitude”?
In many states, conviction (or a guilty plea) to a crime of moral turpitude is automatic disbarment. At a minimum, these lawyers would face hearings and their licenses, and livelihoods, would be at ...
- 1,422
29
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 ...
- 22.8k
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 ...
- 32.9k
26
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 ...
- 25.6k
25
votes
Is an attorney allowed to turn on their client?
That evidence would not generally be admissible due to solicitor-client privilege that is up to the defendant to waive.
The attorney would be subject to disciplinary action by their oversight body (e....
- 43.3k
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 ...
- 321
22
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 like anything nefarious. My interpretation is that Mr. Tran is just giving Judge Kelly this ...
- 29k
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 ...
- 412
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 ...
- 195k
21
votes
Accepted
Unpacking "If they have a question for the lawyers, they've got to go outside and the grand jurors can ask questions." from former US Fed. prosecutor
The witness can go outside and ask questions of the witness’ lawyers
So if, for example, Mr Trump chooses to testify to the grand jury he goes in alone - no lawyers. If he wants to consult his lawyers ...
- 198k
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 ...
- 1,688
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 "...
- 429
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 ...
- 113k
17
votes
Accepted
Personal Misconduct That May Result in a Lawyer's Censure or Disbarment
The Texas Disciplinary Rules of Professional Conduct govern the issue of the grounds upon which lawyers admitted to practice in Texas may receive professional discipline such as censures, suspension ...
- 195k
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 ...
- 2,548
16
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 ...
- 113k
Only top scored, non community-wiki answers of a minimum length are eligible