Hot answers tagged

87

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 from. That is the official line on this. However, in reality, lawyers will always be stricken from serving by one of the lawyers trying the case. Each lawyer ...


65

Don't write back to them. Pass any direct communication on to your lawyer and let your lawyer handle it.


48

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 discuss law. Non-lawyers may decline to provide legal advice because they don't want to be charged with UPL. Likewise, as a matter of policy (at least in the U.S....


43

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 any of the activities of the partnership consist of the practice of law. The idea has to do with independence: Lawyers are officers of the court and—as members ...


41

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 finding out what law is applicable to your circumstances is not a trivial matter. To have an answer you can rely on you need to do the following: Find out what law ...


40

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 to avoid any 'constructive implication' of attorney-client relationship.


32

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 Care Rules: Whatever legal services your lawyer is providing, he or she must— discuss with you your objectives and how they should best be achieved: ...


27

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 say "this is not legal advice", there is a 99% chance that the judge will laugh you out of court. I'll cover the one percent.


22

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 that work in their favor, and potentially find ways to spin other aspects of your communication in their favor also. Therefore generally speaking, any ...


21

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 between high standards of qualification for lawyers and the suggestion that the law is understandable for the typical citizen implied by the claim that "ignorance is ...


20

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 information because, if the Minister for Immigration does cancel the visa, Djokovic will probably challenge that decision as well, meaning more court proceedings ...


18

In many common law nations, the distinction of Solicitor and Barrister are such that Solicitor traditionally have direct access to clients and do much of the paperwork and discuss the planning with the clients. In some jurisdictions it was/is common practice that the Barrister is not hired by the client but appointed by the Judge. The Barrister in turn ...


17

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 modern UK law, in a somewhat different form. The laws of many countries that do not inherit their legal system from the English/British source do not include the ...


17

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.


16

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 consider, and lots of precedence that may change my thought Different jurisdictions Canadian law (which I know lots about), can be very different from Dutch, or ...


15

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 question specifically contemplates a defense attorney entering a not guilty plea for a client who has confessed to the lawyer that the client is guilty of the ...


13

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 live in an incredibly litigious society Making it clear that you should ask a lawyer, in the minds of those saying it, dispels the notion that you might infer a ...


13

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 "substitution of counsel" (which is far less regulated), but a lawyer can only withdraw and leave the client unrepresented if the lawyer obtains the permission of the court ...


13

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, but may not, be protecting your best interests as well which may not be the same thing. This is not a failing of your lawyer - when you're a carpenter every ...


13

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 rational basis review) and have an argument for which one applies. Giuliani appeared to be unfamiliar with these standards. Quoting from an exchange between ...


12

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 the partnership a fair report. The fee you pay may not deliver to one definitive answer, but it'll discuss all the likely angles. However, if one of them ...


12

The judge would reject the defendant's guilty plea and proceed to trial. This is a common part of a plea colloquy, which is a standard (often scripted) conversation that occurs between the judge and a defendant who is pleading guilty to ensure that the plea is voluntary and made with knowledge of its possible consequences. It seeks to ensure that the ...


11

The law is way more complicated than the layman fully comprehends. You didn't specify which country, but in the U.S. the legal system is full of precedents: previous case decisions from which a lawyer can argue your case or against your case. A non-lawyer will not know all the loopholes that may be important to your case, and they may not understand the ...


11

Lawyers have what are functionally continuations of Medieval Guilds(they may be called State Bars, Legal Associations, etc, but that's just window dressing) that set rules(either as legally enforceable "ethics" violations or by successfully lobbying for these to be made into laws) that prevent the dilution of their members' power and collective financial ...


11

Lawyer is perfectly fine Lawyer is a catch-all term for both barristers and solicitors.


10

Let me turn this around, how would you find a doctor, plumber or hairdresser? There is nothing special about lawyers! Things you should consider when hiring a lawyer are the same as for any other profession or trade: The service you need them to perform Location Value Ability/Expertise References/Referrals As a simple procedure: Define your search. ...


10

Based solely on what you've described, what the lawyer did is inappropriate if, in fact, it occurred without any prior permissions. However, since you are not the actual client, it may be that you lack pertinent info, because this would be exceedingly rare behavior. Lawyers are allowed to make procedural and "expert"/professional decisions about your case ...


10

I'll answer out of order for a more logical presentation. Why would lawyers "leave the practice altogether", "[b]efore these lawyers lower their prices further they will"? Only about 30% of people earn a four year college degree. A lawyer is a college graduate who had to be in roughly the top 50% of his or her undergraduate class to be admitted to law ...


10

How to resolve a bet on a question of law? should any of them later act in reliance on that answer and end up in a legal trouble, the answerer won't be liable. If said act[ion] in reliance on the answer is about a potential matter to which Bob and Rob would be the parties, Bob or Rob could consider filing suit for declaratory relief. The decision(s) in that ...


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