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Legal profession and law
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Since the 12th century, the profession of law has held a position of confidence and trust amongst the general public. When an attorney stands before a court system it is understood that he will represent his client to best of ability. An attorney’s character rests on his analytical, critical thinking, and interpersonal skills. At times, those skills could fall short and his ability to properly act on the behalf his the client will come into question. The essay will detail the general concept of attorney competence, disciplinary remedies in place to discourage this behavior, and what the paralegal can to maintain the integrate of the law office.
West’s Encyclopedia of American defines competence as, “possession necessary reasoning abilities or legal qualification; qualified; capable; sufficient.” It is immediately presumed that an attorney has, at a minimum, received a law school education and has passed his practicing state’s bar examination. The perspective attorney has been drilled and tested on various aspects of general law, his chosen specialty and possibly the psychological effects a trial of any kind could have on the mind as well as the body. Training at this level is designed to reassure the student that he is ready to go forth and achieve greatness. That can be a tall order for some aspiring attorneys. Instead of getting nervous, they should remember that they are not require to inventing the law, simply applying it to the client’s defense. When an attorney is confident in his ability to practice law it is a win-win situation for everyone. As stated by the ABA: “A lawyer shall provide competent representation to a client.” An attorney must recognize that the foundation on which he stakes his...
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...tate of California, the State Bar's primary jurisdiction involves regulation of attorneys. However, it is authorized by statute to take limited action against non-attorneys under certain circumstances.
The number one difference between a paralegal and an attorney is the fact that a paralegal does not hold a license to practice law. Under the supervision an attorney, a paralegal can represent the client at a hearing add value to the practice, but ultimately, the attorney is responsible for the client and the product produced by the paralegal. The attorney- connection paralegal is a very important business relationship. Your paralegal is your office manger and should be treated as such. It takes a lot to manage the chaos for a law office and at times it can become very stressful. It is important to remember the paralegal is not an attorney and time is money.
A Paralegal is defined by the American Bar Association as a person, qualified by education, training or work experience who is employed or retained by a lawyer, law office, corporation, governmental agency or other entity and who performs specifically delegated substantive legal work for which a lawyer is responsible. Paralegals work under direct supervision of an attorney and follow the same ethical rules of the ABA as a lawyer does. ABA Rule 5.3, states that a lawyer must give such assistants appropriate instruction and supervision concerning the ethical aspects of their employment, particularly regarding the obligation not to disclose information relating to representation of the client, and should be responsible for their work product. Per the State B...
Paralegals have become an essential part of today's legal system, and as the profession becomes one of the leading and fastest growing occupations in the U.S. economy; these individuals perform delegated tasks under the supervision of attorneys. Education has played an important part on this matter; it has facilitated this development by allowing lawyers to use these skills professionals as agents to delegate specific tasks such as legal research, gathering of information and the drafting of specific legal documents under the supervision and final approval of their principals. This has been very significant because now; we can enjoy a speedy process in a cumbersome legal system. From en economic standpoint, it has also been beneficial by decreasing the substantial amount of the legal cost a firm could incur if only lawyers were allowed to perform this kind work.
A Florida Registered Paralegal is a person who is qualified and has gone through training, education and work experience to work under the supervision of a lawyer. He or she is there to help the attorney with drafting documents, legal research, legal investigations, contacting clients, and interviewing clients. The bill says that the requirements of the bill are “the person has to have prescribed education and experience, and have the prescribed certifications”. In order for a person to be eligible to be a Florida Registered Paralegal they have to have met one of the following education and work experience. They have to have a bachelor’s degree in paralegal plus a minimum of one year of paralegal work experience or a person can have an associate degree plus a minimum of two years of paralegal experience. There has been a lot debate over the bill some people think the bill is helping the paralegal while others think it’s just a
There are certain standards that the courts use to determine competency. In order to find the accused competent, a court should find out by a preponderance of evidence that the defendant has remarkable ability to consult with his lawyer with a reasonable degree of rational indulgence. The def...
Wasserstrom considers a few options with in his discussion concerning a multitude of aspects faced by lawyers. "The lawyer's situation is different from that of other professionals. The lawyer is vulnerable to some moral criticism that does not as readily or as easily attach to any other professional." Thi...
Competency to stand Trial: Refers to the ability or inability of a person to stand trial, and the inability could be due to an issue preventing them from being able to participate in their defense. If a person is considered incompetent, it could be for many reasons, for instance a mental or physical disorder as well as an intellectual disability.
Now, this brings into question if public defenders are ethically competent to represent their client in court with such a workload. The Supreme Court states that if the criminal defense attorney does not review each lawsuit they receive with sufficient time and resources dedicated to each client “then both the system and the attorney are in breach of their ethical and constitutional obligations to that defendant” (Mosher). In other words, the lawyer assigned is not allowed to handle a case if they are forced to spend more time on one over the others
Although the legal profession is a single discourse community, it is made up of many smaller discourse communities. This is so because while all lawyers share the same broad goals of the legal profession and have a general knowledge and expertise in all areas of the law, most lawyers after graduating from law school and passing the bar exam specialize in a particular area of law. This specialization requires the lawyer to go beyond the broad concepts of law as a whole and to become knowledgeable and proficient in the sometimes minute details of a more specific area of law. Even then, some lawyers will go even further to focus on one aspect or another of that particular area of law. This results in most lawyers being members of many even smal...
The criminal justice system takes on a pivotal role in pursuing and preventing crimes in society. When a suspect is caught and then faced with charges for a violent crime, they legally have the right to a fair trial. In order for a criminal proceeding to successfully take place, the defendant must be fully aware of their surroundings, have a basic understanding of court procedures, as well as being capable of defending their one case. Competency to stand trial (CST) is essential for maintaining fairness in the courtroom and producing a just verdict. However, if a defendant is unable to understand legal proceedings due to mental illness or impairment, they must be thoroughly assessed and evaluated before declared incompetent to stand trial. Carrying out a case with a defendant who lacks mental capacity causes numerous issues because the individual is incapable of supplying their lawyers with information regarding their crime or any of the witness testimonies at trial. Lack of comprehensible communication between a defendant and attorney forces an ineffective defense in the case. Mental disturbances in the defendant that may cause disorderly conduct in the court room are considered disruptive and weaken the authority of the legal system. Supreme Court cases that have dealt with competency to stand trial issues over the years have made significant rulings, which have stressed the importance of identifying whether or not a defendant is in fact incompetent.
The paralegal profession developed as legal secretaries assumed additional duties to help attorneys with their workload. The paralegal performs legal tasks under the supervision of an attorney that maximizes attorneys' productivity and cost efficiency in the delivery of legal services. Paralegals work in many different types of law firms, corporations or government agencies in many areas of law (Hollingshead). All duties performed by a paralegal are under the supervision of an attorney who is responsible for the paralegal’s conduct. In fact, the American Bar Association Standing Committee on Paralegals define paralegals or legal assistants [used synonymously] as a person qualified by education, training or work experiences, who is employed or retained by a lawyer, law office, corporation, government agency, or other entity who performs specific delegated legal substantive work for which a lawyer is responsible (ABA). In class, we learne...
If a person can effectively and rationally understand the case against them, who the main players in the court are, and can assist in their own defense, then they do not qualify to be found not competent to stand trial. Thus, the legal standard for competency to stand trial is very specific. References Costanzo, M., & Krauss, D. (2012). Forensic and legal psychology: Psychological science applied to law. New York, NY: Worth Publishers.
Since 15th century, barristers have been split up into two professions in United Kingdom, Barristers and Barristers. Barristers have traditionally been the people who research cases, deal with clients directly, and Barristers have had the rights of advocate in courts. Hence, Barristers' ethical duties are very important to the court and the client, and this is an essay to discuss the duties to the court, clients and conflicts in between.
Sheehan, James. The lawyer's lawyer. New York: Center Street, 2013. Print. this book tells me about lawyers about how they differ from other people
Before starting the paralegal program, I did not have a clear understanding of what a paralegal actually does. I always been interested in being a paralegal, but never clearly understood the full responsibilities. After being in this program, I have some understanding to the many responsibilities than I initially knew. The primary function of a paralegal is to assist attorneys in preparing for hearing, trials, meetings, and real estate closings. In addition, paralegals can also do other office tasks, such as office management as trainer of new hired paralegal, book keeping, and free lancing.
To pursue Career as Lawyer, the person has to be well determined in mind. The formal qualifications required for the same are: