2.A. Lawyers Flashcards
Apprenticeship
- pay lawyer to train you
- lots of reading, writing, and errands
- take to court
- informal process
when was the first law school
1784
What year did mostly everyone start learning by law school
1900’s
How is everyone taught law today
law school
How many accredited law schools are there
about 200
American bar associated is associated with law schools how
- approves of the law schools
- try to make it better
Association of American Law Schools is associated with law schools how
- deals with courses every law student has to take
- approves curriculum
- teacher/student ratio
- what is available in the library
what do you need to become a lawyer
- must have practical experience to graduate
- attend an accreted law school (it is a requirement in nearly every state)
2 key points to get into law school
- grade point average (GPA)
2. law school admission test (LSAT)
How many years is law school
3
How is law taught
Using CASEBOOK METHOD- reading and briefing appellate court opinions/decisions
Who admits you to be a lawyer
A states highest court
What court in Maryland admits you to be a lawyer
MD court of Appeals
What do you need to pass to be a lawyer
Bar exam
State Bar Association (how many states are which)
- 2/3 of states are integrated states
- 1/3 of states are voluntary states
What is Maryland’s relation to State Bar Association
Maryland is voluntary and do not have to join the State Bar Association
If integrated who gives the bar exam
administered by the Bar Association
if voluntary who gives the bar exam
government gives the bar exam
Two things you need to become a lawyer
- Bar exam
2. Good moral character
What two parts are on the bar exam
- essay
2. multistate
How does state law differ from law in general
- study where you are going to practice
- easier to pass bar exam
- essay part of exam: legal ethics
Multistate Bar Exam
- test in general
- given the second day
- nationally 2/3 pass the bar exam
Who determines good moral character
each state determines what it is
What do you need to practice law in a different state
-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
Most layers….
- most in private practice
- most deal with civil cases
- most lawyers are white men
- 25% of lawyers are in New York and California
about how many lawyers are there
1,000,000
Lawyers and Private practice
- 3/4 of lawyers have private practice
- solo/small=generalist
- large law firms=specialist (have associates & partner)
Generalist
handles a lot of legal matters
Specialist
do little legal work, bring in clients
Associates
- paid a salary
- work for partner
- do legal work
- hired with expectation of becoming a lawyer
Partner
- takes 6-10 years , and long hours
- higher status
- oversee associates
legal clinics
- target middle class
- get a lot of clients by advertise
- high volume
- high efficiency
- specialize
- use paralegals
Lawyers in government
- 1/3 national government
- 2/3 state and local government
national government
- lawyers= largest occupation in nation government
- department of justice= attorney general of the U.S.
- each department/agency of executive branch has lawyers
Debt of Justice handles…. (generally)
- prosecuting violations of U.S government criminal statutes
- handles civil cases when U.S gov is a party in a case
- appellate process in the U.S. gov
94 U.S. Attorney
- oversees office, criminal prosecution
- civil cases when U.S. gov is a party in the case
Office of the solicitor general
- 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
Sate government
- 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
local government (city attorney, city solicitor, county attorney, or county solicitor)
- if someone sues the city = city solicitor
- appellate power
- handles civil cases against city/ county
District attorney
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
Availability and Cost
- 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
Contingency fee
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
legal insurance
periodically pay premiums to law firm
Poor people in criminal cases
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
public defenders
(largely populated areas) lawyers who work for government and defend indigent criminal offenses are generally distrusted by defendant- try to set plea bargain
court appointed attorneys
lawyers in private practice who agree to accept indigent cases, paid hourly (less than local going rate) finish hour cap than plea bargain
Contract
(least used) government enters into contract with bar association, etc. used individually or in combo with other two
Poor people in civil cases
- no right to council
- legal aid= comes from national government and sometimes charity (provides money for people who can not afford it)
1947 Legal Services Corporation
- U.S. mail
- AMTRAK
- serves a “ go between” or conduit between congress giving legal aid and state and local legal aid bureaus receiving money
Pro Bono Publico
“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
