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Intro to law > 2.A. Lawyers > Flashcards

2.A. Lawyers Flashcards

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1
Q

Apprenticeship

A
  • pay lawyer to train you
  • lots of reading, writing, and errands
  • take to court
  • informal process
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2
Q

when was the first law school

A

1784

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3
Q

What year did mostly everyone start learning by law school

A

1900’s

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4
Q

How is everyone taught law today

A

law school

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5
Q

How many accredited law schools are there

A

about 200

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6
Q

American bar associated is associated with law schools how

A
  • approves of the law schools

- try to make it better

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7
Q

Association of American Law Schools is associated with law schools how

A
  • deals with courses every law student has to take
  • approves curriculum
  • teacher/student ratio
  • what is available in the library
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8
Q

what do you need to become a lawyer

A
  • must have practical experience to graduate

- attend an accreted law school (it is a requirement in nearly every state)

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9
Q

2 key points to get into law school

A
  1. grade point average (GPA)

2. law school admission test (LSAT)

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10
Q

How many years is law school

A

3

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11
Q

How is law taught

A

Using CASEBOOK METHOD- reading and briefing appellate court opinions/decisions

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12
Q

Who admits you to be a lawyer

A

A states highest court

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13
Q

What court in Maryland admits you to be a lawyer

A

MD court of Appeals

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14
Q

What do you need to pass to be a lawyer

A

Bar exam

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15
Q

State Bar Association (how many states are which)

A
  • 2/3 of states are integrated states

- 1/3 of states are voluntary states

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16
Q

What is Maryland’s relation to State Bar Association

A

Maryland is voluntary and do not have to join the State Bar Association

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17
Q

If integrated who gives the bar exam

A

administered by the Bar Association

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18
Q

if voluntary who gives the bar exam

A

government gives the bar exam

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19
Q

Two things you need to become a lawyer

A
  1. Bar exam

2. Good moral character

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20
Q

What two parts are on the bar exam

A
  1. essay

2. multistate

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21
Q

How does state law differ from law in general

A
  • study where you are going to practice
  • easier to pass bar exam
  • essay part of exam: legal ethics
22
Q

Multistate Bar Exam

A
  • test in general
  • given the second day
  • nationally 2/3 pass the bar exam
23
Q

Who determines good moral character

A

each state determines what it is

24
Q

What do you need to practice law in a different state

A

-graduate from an accredited law school
3 options
1. “if you’ve been a lawyer for X amount of time”
2. “if passed mulit and been lawyer of X amount of time, only will have to retake essay portion”
3. “Don’t care how long you’ve been a lawyer has to completely retake bar exam in new state

25
Q

Most layers….

A
  • most in private practice
  • most deal with civil cases
  • most lawyers are white men
  • 25% of lawyers are in New York and California
26
Q

about how many lawyers are there

A

1,000,000

27
Q

Lawyers and Private practice

A
  • 3/4 of lawyers have private practice
  • solo/small=generalist
  • large law firms=specialist (have associates & partner)
28
Q

Generalist

A

handles a lot of legal matters

29
Q

Specialist

A

do little legal work, bring in clients

30
Q

Associates

A
  • paid a salary
  • work for partner
  • do legal work
  • hired with expectation of becoming a lawyer
31
Q

Partner

A
  • takes 6-10 years , and long hours
  • higher status
  • oversee associates
32
Q

legal clinics

A
  • target middle class
  • get a lot of clients by advertise
  • high volume
  • high efficiency
  • specialize
  • use paralegals
33
Q

Lawyers in government

A
  • 1/3 national government

- 2/3 state and local government

34
Q

national government

A
  • lawyers= largest occupation in nation government
  • department of justice= attorney general of the U.S.
  • each department/agency of executive branch has lawyers
35
Q

Debt of Justice handles…. (generally)

A
  1. prosecuting violations of U.S government criminal statutes
  2. handles civil cases when U.S gov is a party in a case
  3. appellate process in the U.S. gov
36
Q

94 U.S. Attorney

A
  • oversees office, criminal prosecution

- civil cases when U.S. gov is a party in the case

37
Q

Office of the solicitor general

A
  • part of the Debt. of justice
  • decides what civil cases the U.S. gov will appeal when a party
  • solicitor general personally decides which cases petition to supreme court (civil or criminal) when U.S. gov is a party in the case
38
Q

Sate government

A
  • Attorney general = elected by voters in 43 states = 4 year term (Maryland)
  • 7 states appoint by governor
  • in state government lawyers handle CIVIL CASES and this is over seen by the attorney general
  • criminal cases are done by local prosecutors, attorney general hands the case over
  • in most states the attorney general is given power to advisory opinions to interpret the law
39
Q

local government (city attorney, city solicitor, county attorney, or county solicitor)

A
  • if someone sues the city = city solicitor
  • appellate power
  • handles civil cases against city/ county
40
Q

District attorney

A

local elected prosecutor in MD the title is STATES ATTORNEY

  • responsible for prosecuting criminal law offenders
  • 4 year term, no term limits
  • oversees office to ensure assistants are properly handling day to day functions
  • assistants hired based on merit
41
Q

Availability and Cost

A
  • close to 2 million
  • charge hourly fee most common
  • cost of living where located
  • experience
  • occasionally will charge flat fee
  • type of legal work
  • double hourly fee for time spent in court
  • Fee: used for things such a will
42
Q

Contingency fee

A

certain types of civil cases determined by plaintiffs lawyers (personal injury) if plaintiffs lawyers doesn’t win the case you don’t have to pay

  • if the case is won you get a percentage
  • common percentage 33-40% of winnings
43
Q

legal insurance

A

periodically pay premiums to law firm

44
Q

Poor people in criminal cases

A

6th Amendment= right to council provision in criminal cases

  • capital offense=punishable by death penalty
  • indigent=below poverty line, government must provide lawyer
  • supreme court expands into misdemeanors and felonies
45
Q

public defenders

A

(largely populated areas) lawyers who work for government and defend indigent criminal offenses are generally distrusted by defendant- try to set plea bargain

46
Q

court appointed attorneys

A

lawyers in private practice who agree to accept indigent cases, paid hourly (less than local going rate) finish hour cap than plea bargain

47
Q

Contract

A

(least used) government enters into contract with bar association, etc. used individually or in combo with other two

48
Q

Poor people in civil cases

A
  • no right to council

- legal aid= comes from national government and sometimes charity (provides money for people who can not afford it)

49
Q

1947 Legal Services Corporation

A
  • U.S. mail
  • AMTRAK
  • serves a “ go between” or conduit between congress giving legal aid and state and local legal aid bureaus receiving money
50
Q

Pro Bono Publico

A

“for the public good”

  • lawyers donate their services free of charge
  • primarily done by associates in large law firm
  • usually required to do X number of hours

Intro to law (8 decks)

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