What Do Lawyers Do?

Requirements for Becoming a Lawyer

There are various requirements that a person must fulfill to become an attorney. First, after receiving an undergraduate degree, the person must go to law school, which involves at least three years of intensive legal education and training. After successfully earning a degree from law school, the person must take and pass the bar exam, a rigorous state licensing test. The person must also pass a personal character and moral fitness test.

Once all of these requirements are met, the person will be sworn in by the state and/or federal court, making the person officially licensed and ready to practice law as a member of the state bar. It’s important to note that licensing for an attorney is governed by each state, so you need to check your state’s rules to determine the exact requirements to become a lawyer in your state.

Who Regulates Lawyers?

The American Bar Association (ABA) oversees standards and practices for attorneys nationwide. It provides guidance and model rules for state bar associations to copy for their own uses. The ABA’s “Model Rules of Professional Conduct” set professional standards for attorneys in all 50 states. Attorneys who fail to abide by their state codes of conduct and ethics may be liable in a malpractice suit.

Attorney-Client Relationships

If you hire a lawyer to help you with your legal issue, that person owes you the duty of attorney-client confidentiality. This means that anything you discuss with your lawyer, even in a first meeting, is confidential. Confidentiality allows you to discuss your case openly and honestly with legal counsel to help determine whether they are the right lawyer for your case. This confidentiality also exists if you hire that lawyer to provide legal representation in your case.

When you meet with an attorney for the first time, they will explain how legal fees will be handled. Some cases, such as a traffic ticket or drafting a will, may be handled with a flat fee. Other cases, such as personal injury or car accident cases, may be handled as a contingency fee, which means the attorney will be paid a percentage of the amount collected for you at the end of the case.

In addition, there may be cases handled with a retainer and hourly rate. This means you pay an amount of money upfront to the lawyer and then they will send you a monthly bill with a breakdown of the work done on your case by the attorney and their paralegal or other staff in their law office. This includes charges for drafting legal documents, phone calls, or other legal work in your case.

No matter the way your case is handled, make sure to ask about how costs such as court filing fees and expert witnesses will be billed to you. These are extra costs in any case.

What Are a Lawyer’s Duties?

A lawyer has several enumerated duties under the Rules of Professional Conduct. A client has the right to expect their attorney to exercise these duties during the course of legal representation.

These duties include:

• Competent representation, meaning the attorney must represent the client to the best of their ability with the legal knowledge, skill, and preparation necessary for the representation.
• The attorney must abide by the client’s wishes regarding the nature and scope of the representation. The attorney must give clear advice about all consequences and potential outcomes of the client’s course of action. If the client wishes to proceed, the attorney must accept their decision. The only exception is when the client wishes to carry out a criminal or fraudulent act.
• The attorney must act with promptness and due diligence in all matters.
• The attorney must promptly inform the client on all matters about the case, respond to all inquiries about the matter, and explain all issues to the extent necessary for the client to make an informed decision about the case.
• The attorney must not charge excessive fees, make unreasonable fee agreements, or charge legal fees above the standard in the area. The scope of the fees charged must be equal to the legal work done and the area in which the attorney practices.

A Few Reasons To Hire an Attorney

Not every legal matter requires the assistance of an attorney. Generally, a person who wishes to fight a minor traffic ticket doesn’t need an attorney. Another example of when an attorney is not necessary, or even allowed in most jurisdictions, is when you have a case in small claims court. Even then it would be good to have legal help before going to court so you understand all of the issues.

There are many other legal matters in which hiring a lawyer would be a good idea.

One situation when it’s pretty much always a good idea to hire an attorney is when you’ve been charged with a crime. Crimes carry various penalties, including fines and possible jail time, as well as a mark on your record. Because of the consequences associated with being convicted of a crime, it’s in your best interest to hire an experienced criminal defense lawyer to defend you.

If you can’t afford an attorney, you can be assigned a public defender. The fact that you have a constitutional right to a defense attorney in a criminal case should tell you that it’s in your best interest to hire one when facing criminal charges.

While lawyers generally aren’t cheap, having legal assistance while embarking on endeavors with potential legal ramifications, such as starting a new business, can save you trouble and money in the future. Lawyers can also be helpful with estate planning, especially if you have a complicated or large estate.

It’s also a good idea to retain an attorney if the other party in a lawsuit or business dealing has an attorney, because not having one yourself usually puts you at a disadvantage. When you are involved in a family law case, such as a divorce or child custody, an experienced lawyer can help you understand all of the complex issues.

Meet With a Lawyer To Evaluate Your Needs

Find a qualified lawyer in your area to get started. Many lawyers often provide a free or reduced-cost first meeting, which can allow you to speak with the lawyer, find out their experience in the type of case you have, and help you decide whether or not you actually need to hire a lawyer.