Understanding the Different Types of Lawyers in the U.S.

Lawyers are a critical part of the U.S. legal system, providing representation and advice to individuals and businesses in a variety of areas. Understanding the different types of lawyers in the U.S. can help you choose which type of lawyer is right for your particular legal needs.

In the United States, lawyers are broken down into four main categories: civil, criminal, corporate, and tax.

Civil lawyers handle litigation, provide legal counsel for individuals and companies, draft legal documents such as contracts and wills, and represent their client in court proceedings. Civil lawyers specialize in areas such as real estate law, family law (including adoption and divorce), labor law, and personal injury law.

Criminal lawyers defend individuals charged with crimes in criminal court proceedings such as trials and plea bargains. They represent clients facing charges including fraud, DUI/DWI, assault, and drug possession.

Becoming a Lawyer – Exploring the Different Education Paths Available

Lawyers are an integral part of the legal system in the United States. They provide legal representation and advice on a wide range of issues for individuals and businesses. It is important to understand the different types of lawyers in the U.S., as this will help you determine which type of lawyer is best suited for your specific legal needs.

To become a lawyer in the U.S., you must first complete an accredited law school program and pass the bar exam in order to be licensed to practice law. There are several paths available for individuals interested in becoming lawyers, including traditional four-year programs at ABA-accredited law schools, two- or three-year accelerated programs, or even online law school options. Once you have chosen a path to pursue, the requirements for admission will vary depending on the program and may include undergraduate coursework, standardized test scores (LSAT), letters of recommendation, and other documents.

After successful completion of an accredited law school program, aspiring lawyers must pass the bar exam in their state of practice. This exam typically consists of multiple-choice questions and/or essay questions designed to test the knowledge of the applicant on legal topics. Passing this exam will grant you a license to practice law in your state.

Advantages and Challenges of Practicing Law in the United States

Practicing law in the United States has both advantages and challenges. One of the major advantages for attorneys practicing in the U.S. is access to a wide array of professional opportunities and resources. Attorneys can specialize in many different areas and have the ability to choose which practice they want to pursue, as well as take on cases from all over the country. There are a variety of resources available for attorneys in the U.S., including professional organizations, legal publications, and access to specialized legal software aviator.

The biggest challenge for practicing law in the United States is the high cost associated with pursuing a career in this field. Attorneys must pay expensive tuition fees to attend law school, as well as purchase materials for their practice and pay for other associated costs. Additionally, attorneys in the U.S. must also be able to handle long hours and high levels of stress in order to succeed in this field, which can be a challenge for many lawyers.

Overall, practicing law in the United States is highly rewarding and can be a fulfilling profession for those who are willing to put in the time and effort. Pursuing a career as an attorney requires dedication, commitment, and hard work; however, with the right guidance and support, anyone can become a successful lawyer. By understanding the different types of lawyers available in the U.S., you can be better equipped.

Examining the Different Practice Areas and Specializations in Law

Lawyers in the United States specialize in a variety of legal areas and practice fields, including corporate law, tax law, environmental law, labor law, family law, criminal defense, immigration law, intellectual property law, bankruptcy law, civil rights and discrimination laws, wills and estates planning laws, and more. Each field has its own unique set of rules and regulations that attorneys must be familiar with in order to effectively represent their clients.

In addition to the different practice areas, there are also a number of specializations available for lawyers in the U.S. These include trial law, appellate law, litigation and dispute resolution, corporate counsel services, criminal defense law, and more.

Becoming a lawyer in the United States is an extremely rewarding and challenging career path. There are many paths available for aspiring lawyers, including traditional four-year programs at ABA accredited law schools, two or three year accelerated programs, or even online options. After completing an approved program of study, individuals must pass the bar exam to be licensed to practice law. Practicing law has both advantages and challenges; however with dedication and hard work anyone can become a successful attorney. With so many different specializations and practice areas available it’s important that those interested in pursuing this field understand their options before making any decisions about what type of lawyer they want to become.

The post What categories can lawyers be divided in the United States? appeared first on NJpanda.

Bankruptcy lawyer

A specialist performs the complete process of bankruptcy of a business in order to avoid criminal prosecution, risks that may arise from incompetent creditors. With the help of a bankruptcy attorney, it is also possible to minimize financial losses and complete the procedure in the most reasonable periods. The attorney acts on behalf of the client as a litigator, draws up the necessary documentation, negotiates to settle the debt, and enforces the bankruptcy court orders.

Clients can approach a professional with a list of the following issues:

• The existence of debt obligations;
• risk of debtor bankruptcy;
• bankruptcy proceedings;
• risk of criminal prosecution;
• non-payment of debt.

Intellectual Property Lawyer

The consultant handles a number of issues that relate to a company’s trademarks. This includes monitoring third-party infringements, protecting brands and dealing with infringements where a claims approach is needed. He is also responsible for litigation, registration of trademarks with Rospatent, the customs register of intellectual property and interaction with the customs authorities.

Issues on which you can turn to a lawyer of intellectual property:

• patent and copyright law;
• trademarks;
• Infringement of rights, courts, interaction with law enforcement agencies.

Corporate Counsel

Corporate attorneys place an emphasis on resolving contentious situations. But besides that, they also prevent and prevent them. The list of main tasks for these specialists is the analysis of existing documentation and the development of new ones, checking the enterprise for external adverse effects, the correct execution of transactions with shares and equities.

The services of a corporate attorney can be used either on a one-time or comprehensive basis:

• written or oral consultation upon request;
• Conducting a legal analysis of a particular situation;
• Assessment of the probability of risky moments for a client;
• organization and conduct of negotiations between the conflicting parties;
• representation of client’s interests in court;
• appeal against the decision.

Criminal attorney

Specialist helps legally resolve issues at the stage of the investigation. Assists the accused and suspects, protects the defendants in the consideration of their case. Services of a lawyer in criminal cases are used in those cases, when you need to get help when charged with a crime. Ordinary people do not know the full extent of their rights in criminal proceedings, as well as have no idea about the consequences of their actions.

The issues addressed by a specialist are:

• Examining the case file to present a valid defense;
• gathering evidence of innocence;
• conducting expert examinations and research;
• interviewing witnesses in the criminal case;
• inviting experts for a favorable resolution of the situation.

Family lawyer

A family lawyer may be needed when resolving family problems and disputes. People may be in a marriage, at the stage of divorce or have already dissolved the marriage. in any situation, a specialist legally competent turn the situation in the right direction.

You can turn to him on the following issues:

• the inability to peacefully divide property;
• The determination of the parent with whom the child will live;
• the transfer of children to the guardianship authorities;
• Deprivation or restriction of parental rights;
• Registration of alimony;
• division of acquired property;
• adoption and other.

Lawyer for civil issues

Employees of this profession resolves disputes and conflicts between legal and physical persons. To the services of a lawyer online or offline on civil issues are addressed in the following situations:

• Property and non-property disputes;
• conflict situations;
• processes for the dissolution of marriage;
• family disputes and disagreements;
• inheritance conflicts;
• labour disputes.

Lawyer for labor disputes

If an employee believes that the boss has done him unfairly, there is no other way than to turn to a lawyer of labor law, to solve the situation will not be possible. Unless the employee himself has sufficient knowledge of the norms of labor law.

Specialized issues addressed in the proceedings:

• wrongful dismissal from work;
• refusal to dismiss at one’s own request;
• Transfer to another position without consent;
• Failure to pay benefits and other accruals;
• Forced to do additional work without consent;
• Denial of reinstatement after maternity leave.

Personal injury attorney.

A personal injury lawyer addresses the legal issues of those who have suffered bodily or psychological injuries due to the negligence of third parties. There may also be situations where an injury is sustained in a fall, an accident, or at work. All of these issues are handled by a personal injury lawyer.

A specialist is consulted in the following situations:

• road accident;
• burns;
• injuries of aviation, automobile, medical, nursing, children and others;
• Mistreatment;
• Misleading treatment.

A lawyer is a skilled professional who can handle a number of narrow or extended issues, depending on competence. He is consulted on any issues that relate to the legal resolution of a particular situation. When choosing a lawyer, one should focus on his or her area of expertise.

The post Types of lawyers appeared first on NJpanda.

Visiting suspicious sites, trivial inattention or haste can lead to disastrous consequences: account hacking, data leakage, etc.

To prevent even the slightest likelihood of such an undesirable scenario, it’s important to stay safe online – read tips to help protect yourself from potential threats.

Don’t give out your personal information

Carefully read tempting offers and “promotions” in the format: “You have won a large sum”, which you received by e-mail or a message on a social network. Most likely the sms about the won prize is false, but if in doubt, be sure to go to the official page of the company and contact the support service.

If unknown recipients ask you for personal information, it is better not to do so:

• passport details;
• cell phone number; often people have one financial number linked to a bank account;
• a one-time 3D-Secure code made at the time of purchase;
• bank card number and three-digit number on the back of the card CVC/CVV2/code – knowing the number and code, you can pay anywhere;
• PIN-code, card expiration date and other details.

If fraudsters know the details, they will be able to debit your account or take credit.

It’s also better not to open suspicious links and attachments in a letter received from unknown recipients so as not to “run” a file with a virus (alas, experienced hackers can infect your system).

To keep your data safe, follow the recommendations:

1. Try to accept transfers not by card details, but by phone number.
2. Don’t share your personal data with anyone, even your relatives.
3. Get a virtual bank card and use it as a wallet, i.e. for storing and transacting funds.
4. Choose only official sites and well-known companies.

Licensed online casinos https://onlinecasinozonder.com/cruks/ are one good example of reliable sites. Gaming portals, controlled by the regulator, protect customers’ personal information with encryption algorithms and secure HTTP connection – these actions protect against account hacking.

Verify information

Do not spread news with too loud a headline. First of all, this is information which causes great emotion among the audience, but has no meaning or is completely false. The main purpose of unreliable data is to provoke any emotion in the reader (shock, anger, rage, etc.) and encourage him to take it at his word. Safety on the Internet is also information hygiene.

Take steps to ensure that you don’t inadvertently help a fraudster spread misinformation:

1. Check the original source, because fakes don’t have them. You should also not take information from unverified social media accounts seriously.
2. Doubtful authorship or anonymity – such an author should not be trusted. Professional and respectable journalists do not hide their names, and their articles can be easily found on the Internet.
3. Pseudo-experts. 100% fake – a link in the text or mentioning representatives of companies that do not exist in real life. A quick typing of a search query in google will help to quickly expose fraudsters.
4. Old publications and twisting the facts. In pseudoscientific materials, you can see signs of deliberate falsification of facts: the same description of events and comments by “experts”, unreliable photos (digitally or photographed in a different place/time), deliberately incorrect translation of quotes from foreign media, etc.

Also, always check charities, as scammers often take advantage of people’s kindness.

Before you donate, make sure that the funds will actually go to the needs of those in need and not into someone else’s pocket:

1. Check to see if the charity exists online.
2. Go to the registries and make sure the organization exists.
3. Check out who is raising the money: Look at their profile, their information and their comments.
4. Read reports on past collections.

Use two-factor authentication

The procedure will secure your social media or email accounts so they won’t be hacked. Two-factor authentication is an additional level of account security. In addition to a username and password, you need to enter a one-time code that will be sent by email or fingerprint.

After activating the option, a hacker will not be able to hack into the account for two reasons:

1. You have to enter a code that only the owner knows.
2. If hacking is attempted, the user will receive a notification about the risk of unauthorized access.

Be sure to use the privacy settings: payment data and other personal information should not be available to third parties.

Also don’t forget to change your passwords regularly (about once in 3 months), because being careful never hurts.

Use official programs

Do not use pirated software – it is always a risk, because it is easier for hackers to crack illegal platforms than protected programs from developers. Even hacked free versions of programs may have viruses built in. Download programs from the developer’s site and update the application in time so that your device is protected.

And, of course, include an antivirus program.

Additionally, check the resource for authenticity if you see it for the first time.

A phishing site is an absolute copy (fake) – the difference in fake ones can be just one letter.

Conclusion

After reading this article, users have learned more about what security is on the Internet. The World Wide Web is not only an unlimited source of information and entertainment, but also a tool in the hands of intruders.

Follow the recommendations to avoid cyber-fraud!

The post How to protect yourself on the Internet? appeared first on NJpanda.

In all American colleges, the main teaching method, starting from the second half of the 19th century, is the Socratic method: before classes, students study the material proposed by the professor, and directly in the classroom, there is live communication with the teacher, a discussion of what they have read. Undoubtedly, this method makes it possible to successfully develop students’ analytical abilities: a professor can ask any student a question regarding the topic under discussion or assess the opinion of another student who has already spoken in the lesson. For this reason, each participant in the class must constantly follow the thread of reasoning and be ready to talk about position at the professor’s request. In addition, this method is an excellent basis for developing public speaking skills.

Every American lawyer follows in their work the generally accepted standards for conducting legal research, the description of which is devoted to a large number of various manuals and textbooks.

About the Main Features of Legal Research

In the United States, lawyers begin to conduct research by referring to secondary sources: articles and comments on a topic of interest. Referral to journal articles, commentaries, and monographs usually follows only in cases where the law is not formulated enough, and it is necessary to reveal its true meaning.

This difference is largely explained by the difference in the legal systems of the United States, namely, the difference in the sources of law: in the United States – both statutory and case law. In this regard, it is quite difficult to establish the applicable law in America: even if there is a law regulating the client’s issue, it is necessary to study a large array of judicial practice that relates to the issue under study and can interpret the legislative rule completely unexpectedly for the participants in the turnover. Moreover, finding all relevant precedents on your own is difficult. At the same time, secondary sources often give a complete picture of a particular problem with references to all relevant sources of law.

Study of Judgments

An American lawyer has to study a very large number of court decisions. After all, even if a lawyer discovers a solution that can be applied to a client’s problem, there can always be another, later solution, according to which the rule is modified or specified by the court. At the same time, the study of practice is not a priority. This is rarely done in the US. As they say in America: lawyers here do not believe in theory but practice.

Subject

In America, this stage of research is considered quite important. The main reason is that the court, when making decisions, is always under the influence of political factors. That is, it forms the rule of law by the current political interest. Therefore, the rule established by the court in a decision under certain political conditions may not work (and will be changed by the court) in other political realities. In this regard, an American lawyer must consider the reasons for making a particular court decision.

The thought process of the American lawyer focuses on “political-factual” reasoning rather than “theoretic-legal.”

Inductive Process

And about one more specificity of the thinking process of an American lawyer: this process is inductive. To solve a client’s legal issue, a lawyer in the United States starts from a specific situation (studies existing precedents on the issue), finds the most appropriate precedent, derives a general rule from it, and then applies it to the client’s problem.

Rules For Drafting Legal Documents

The United States has generally accepted standards for drafting legal documents. These standards aim to provide the readers with maximum convenience in familiarizing themselves with the document. In addition, such measures make it easier for representatives of the disputing parties and judges to study the position set out in the document, and through this, to a certain extent, the resolution of legal disputes.

A negative attitude will be shown if the standards for compiling a document are not followed.

In some situations, lawyers not only can but are required to draw up a document in a certain form. Therefore, when preparing a document for filing with the court, a lawyer should study the rules for preparing a document established by the court, whose jurisdiction is to consider the client’s dispute.

In America, each court has its own rules regarding paperwork. Moreover, these rules can relate to completely different details. For example, the court may have certain requirements:

• to sheet size
• to text font
• to the number of lines on a document sheet
• to the number of sheets in the document
• to the color of the paper being used.

Advantages of the American Bar

Where there is the publicity of the trial, it is in America. Any person, even if they are not a US citizen, can ask the court for any decision, and the court will provide the decision absolutely without hindrance. No passes are required at the entrance to the courts. At the same time, security is ensured – by checking for the presence of prohibited items and not identity documents.

The post Formation and Work of Lawyers in the USA appeared first on NJpanda.

The Bar Association has two main goals, so to speak, a dual task. The first task is to promote the development of law and strengthen justice in general, the legal education of citizens, etc. The second but no less important task is to assist its members, improve the professional level of American lawyers, and develop the legal profession as such.

The tasks of associations include establishing of:

• professional ethics,
• assisting lawyers,
• taking disciplinary measures,
• developing guides for advocacy,
• promoting the improvement of law etc.

Organizational Forms of Activity of Lawyers in the USA

More than half of attorneys in the United States work alone or with two or three attorneys. However, the main form of advocacy in terms of importance in the American legal community is large law firms.

Such firms generally do not deal with criminal cases and prefer to deal with wealthy clients, mostly corporations. The owners of such firms are partners. The partner is a lawyer with extensive practice and, as a result, a high income and the right to part of the law firm’s profits. The same profit can be obtained using a 100% deposit bonus at Play Fortune casino.

The second group of lawyers is the associate, as a rule, a young lawyer with a small or no clientele. The associate receives a salary from the firm.

In such firms, an associate experience is established (usually eight years), for which the associate must acquire their clientele and become economically profitable for the company; after the specified period, the associate either becomes a partner or, if they have not reached the specified condition, and will be asked to leave the firm. In some firms, this graduation may be more multi-stage.

Lawyer Corporation

There are similar federally funded legal aid services for the indigent. The umbrella organization for these services is the Legal Aid Corporation, established and funded by Congress.

Such advocacy is interesting as law firms “protect the interests of society.” They do not deal with individual clients but litigate against the state or corporations related to the protection of the rights and interests of large categories of citizens (consumers, political activists, voters, taxpayers) or with the security of nature and public health (for example, lawsuits against businesses, polluting the environment, or against the construction of nuclear power plants).

Many lawyers work in the legal services of public organizations, focusing primarily on judicial and legal methods to implement their tasks. The most famous and largest organizations of this kind are the American Civil Liberties Union, the National Association for the Advancement of Colored People, the Center for the Protection of the Constitutional Rights of Citizens, the National Council for the Protection of Natural Resources, the National Union for the Fight against Racial and Political Repression.

Payment For Services

To resolve the conflict as quickly as possible at the preliminary judicial stages, an American lawyer is endowed with many rights. Thus, the procedural legislation of America provides for an extremely wide scope of powers of an American lawyer in a procedure called “disclosure” that precedes the trial.

In the USA, there is no system of fixed attorney fees. The amount of the price is set by agreement with the client. The most common is the hourly wage system. Also practiced is such a system of payment, when a lawyer receives a fee only if they win the case. In case of victory, customers also have a chance to celebrate this and play roulette for fun in the best casinos.

Lawyer’s Responsibility

A lawyer in the United States will pay very seriously for ignorance of the case. For example, a client in the USA may file a lawsuit against his lawyer if he showed ignorance of the basic principles of law that are known to any experienced lawyer and also if he did not identify rules that, although not generally known, can be detected using standard search technologies.

A violation of the obligation to properly represent the interests of the client is in the United States and the incorrect formulation of the law, the wrong analysis of the law, the failure to investigate the circumstances of the case.

Violations of the rules for drafting documents can also lead to negative legal consequences for an American lawyer. So, suppose a lawyer, for example, files a petition with the court that exceeds the number of pages of the limit established by the court’s rules, then as a sanction in some courts. In that case, they do not read pages beyond the limit. In other courts, they return the document. Poor language in a document filed with a court can result in a suspension of attorney status, a denial of a request made in a document, a court caution, and even a court order to take courses in legal drafting.

Although many of the described sanctions are quite harsh, they adhere to the following rule in America. Suppose the literacy of a lawyer does not meet professional standards. In that case, this harms the legal profession and society by weakening faith in the legal system and unreasonably diverting attention to the court.

The post Bar in the USA: Organization Principles appeared first on NJpanda.

All lawyers in the U.S. can be divided into three groups:

• practicing lawyers;
• those with a law degree who perform functions not directly related to the law;
• Lawyers devoted to research and teaching.
  Legal practitioners represent the most significant professional group and, in turn, are divided into:
• Private practitioners (more than 700,000);
• Corporate lawyers (full-time paid employees of legal services)
• Lawyers of state agencies (full-time employees of legal services of departments of executive power, administrative agencies, local authorities, lawyers from the departments of “public defenders”, whose activities are paid from the state budget);
• judges (a separate category within the group of lawyers engaged in practice; judicial positions are filled by lawyers from among those with practical legal experience in the bar, business, and legal services of government agencies; there are about 1,200 federal judges and about 30,000 state and local judges).

Persons with a law degree who perform functions not directly related to the law constitute a special category. They are individuals who have retired from the practice of law or scholarship and have devoted themselves to a career in politics or business.

Thus, a person who has graduated from a law school, if he or she does not immediately choose an academic career, usually begins working in the bar or in court as a clerk (referent, assistant) to a judge or in the staff of legal services and prosecution bodies in junior positions.

There are no rigid boundaries within the above groups of lawyers, directing a person along only one path: the U.S. legal profession is characterized by high turnover and mobility. The transition from private legal practice to public service and back is a common phenomenon. Judges are usually drawn from politically active and experienced attorneys. Many prosecutors in turn also become judges.

Within the legal profession, the most prestigious jobs are those of a judge (especially a federal, lifelong position); somewhat lower in social prestige are corporate lawyers and academic lawyers (law professors), followed by administrative agency lawyers and government attorneys.

In the U.S. legal profession private practitioners are the dominant group: about 1 lawyer per 500 people.

Lawyers in the U.S. defend defend defendants in criminal cases and represent parties in civil cases. The fact that lawyers in the U.S. are not divided into any categories does not exclude their specialization in certain issues and types of activities. Many large law firms specialize in litigation against specific groups of firms such as tobacco companies. In the USA there is no functional division of lawyers as in England (division into solicitors and barristers), but they have considerable powers besides defense, representation and consulting: lawyers can also be engaged in private investigation, represent punitive and other state bodies, perform notarial functions.

Ordinary Americans are respectful of specific lawyers whom they know personally and whom they can turn to for help in difficult situations, but distasteful of the legal profession as a whole. The reasons for the high prestige of the profession lie to a large extent in the commitment of Americans to judicial and legal forms of conflict resolution that require legal support. For example, in the USA it is unthinkable to go to a court hearing, even in a minor civil case, without a lawyer.

The police have no right to fine a driver for speeding and send the relevant material to court. It is not profitable for the driver to get fined in court because it causes the insurance company to increase the premium, and repeated speeding will be considered a recidivism. Therefore, an attorney is sent to court stating that his or her client will not plead guilty to the speeding charge. Consequently, the judge is required to call witnesses and request additional evidence. The lawyer adds that his client admits that he broke the car parking rules. The judge has the right to make a similar deal with the lawyer, assigning the client the same fine, but without the aforementioned unpleasant consequences.

At the same time it should be noted that sometimes the activities of lawyers can bring not only benefit, but also tangible harm. For example, the epidemic of lawsuits against companies that used asbestos in the production of construction works, which is considered a dangerous carcinogen, led to the bankruptcy of 67 firms. Some of the companies suffered because they supplied raw materials to the firms that were sued.

It is impossible not to mention the lawsuit of an American woman who was burned by the hot coffee she bought at McDonalds and won $150,000 in compensation. This lawsuit was only the first in a series of such lawsuits. In 2002, lawsuits were filed against fast-food chains blaming the plaintiffs for their obesity and health problems.

In the U.S. there is no statutory instrument stipulating the rights and obligations of an attorney in the judicial process. The basic principle of a lawyer’s participation in court proceedings is enshrined in the Sixth Amendment to the U.S. Constitution (1791) that “the accused has the right to be informed of the nature and grounds of the charge; he has the right to confront the witnesses testifying against him, the right to compel witnesses on his part and to have a lawyer for his defense.”

This amendment has been developed in a number of court decisions.

In 1963, in Gideon v. Wainwright, the U.S. Supreme Court ruled that the Sixth Amendment right to counsel is fundamental and necessary to a fair trial.

In 1966, in Miranda v. Arizona, the Supreme Court imposed a duty on state authorities to take express measures to safeguard a person’s rights against possible police violations. Those rights include: (1) the right not to testify; (2) the right to be advised that anything a person says to the police can and will be used against him in court;

3) the right to have a defense lawyer before or during the interrogation; 4) the right to appoint a defense lawyer if the person lacks the means to pay for one.

According to the Supreme Court’s 1977 decision in Brewer v. Williams, the right to counsel extends to the initiation, preliminary hearing, indictment, or arraignment stages of a dispositional hearing. However, the right to counsel does not extend to proceedings before a grand jury or to the taking of photographs for identification purposes or blood or handwriting samples. The right to counsel extends to pretrial identification because this process involves a conflict of interest, as does the trial.

This was affirmed in United States v. Ash, in which the Supreme Court ruled that an attorney must participate in those proceedings where he can assist the defendant “to deal with legal problems or give advice when confronted by another litigant. “1

The organization that decides whether a law school is officially recognized is the American Bar Association (ABA), authorized by the U.S. Department of Education, which approves, among other things, a list of requirements that a law school must meet. Among these requirements are the presence of a certain number of qualified teachers, suitable and convenient facilities for classes, a certain minimum budget, a quantitative and thematic minimum of educational, reference and regulatory publications in the library, the presence of certain curricula, etc.

The post General characteristics appeared first on NJpanda.

1) general higher education, which can be obtained at a college, with a period of study of 3-4 years (a bachelor’s degree is issued upon completion);
2) higher specialized (professional) education, which can be obtained at a specialized school or college of a university, with a period of study of 3 years (at the end a diploma is issued and a Doctor of Jurisprudence degree is awarded);
3) training for the degree of Master of Law – 1 year;
4) training for the degree of Doctor of Law – 2-3 years.

The university entrance examination is substituted by the aptitude test sent to the applicant by mail. The applicant’s college grades are also taken into account. The competition for admission to a law school is quite high: about 130,000 people for about 40,000 places. The competition for the elite universities is 40 people per place.

Compulsory disciplines exist only during the first year (contract law, criminal law, tort law, administrative law). In the subsequent years of study, there is a mandatory minimum number of subjects to be studied by the student.

The method of teaching in law schools is based mainly on the analysis of precedents and decisions of appellate courts; legislative and administrative law material is involved as far as it assists the analysis of precedent. The main thing in legal education is the development of the student’s analytical skills, not the memorization of a normative text. Hence the practical absence of lectures as such, and the class turns into an active interview of a teacher with an audience of students. Often teachers arrange imitations of the trial – hypothetical or from real practice, during which students must fully reproduce the functions of the participants in the process: to present and examine evidence, to present procedural motions, to present arguments, etc.

A great deal of attention is paid to instilling independent research skills. A characteristic feature of large American law schools is the publication by students themselves of legal journals – “legal reviews”. Assessment of a student’s knowledge is based solely on a written (often extracurricular) examination. The examination paper is submitted anonymously, under the motto, and is graded by a letter system (from A – the highest grade to D – equating to an “unsatisfactory” grade) or by the “passed – failed” system. Grades are not subject to disclosure to third parties by the instructor.

The Doctor of Jurisprudence degree shall be sufficient for practising law, but shall not automatically entitle the holder to practice law. To qualify to practice law in most states, one must pass an examination, the conditions of which are set by the state supreme court. A person, who is admitted to practice law after the exams, obtains the right to appear in all courts of that state. To represent a client in courts in another state, one must either take a new bar exam or obtain a special license. Permission to practice law in federal courts is automatically granted to those admitted to practice law in a state.

Formal requirements for taking the bar exam:

• A characterization from the dean of the school;
• diploma;
• questionnaire;
• fingerprints;
• Information on all offenses, including traffic accidents;
• information about all debts;
• an interview with a bar admissions committee (composed of 11 practicing lawyers and formed either by appointment by the court or governor of the state or by the state bar association);
• Payment of a fee of about $500. THE FEE IS IN THE ORDER OF $500.
  

Exam Procedure. The examination is taken twice a year. That being said.

The pass rate is about 78% of all candidates. Those who do not pass the exam have the right to retake it an unlimited number of times, and each time for a fee. The exam consists of an oral interview and a written paper. Applicants take the exam in the following disciplines:

• federal law;
• Ethics and professional responsibility of lawyers;
• an essay in the form of answers to problems on specific legal situations (testing the knowledge, interpretation and application of legal norms of the state in which the exam is taken).

It should be noted that passing the above disciplines is not enough to obtain a patent, as the commission also looks at such criteria as “good character.”

In order to maintain the validity of a patent, a lawyer must annually improve his or her qualifications in a certain number of hours (at least 12).

The patent can be revoked for committing a crime, and it can be suspended for three years for certain violations of the law and professional ethics (for example, contempt of court, with a reasonable client complaint of unprofessionalism).

The members of bar associations are not only practicing attorneys, but also persons working as legal advisors and lawyers working for the prosecutor’s office. In the United States there are the following types of bar associations:

• State Bar Associations – A formal association of all state attorneys that handles licensing, oversees attorneys’ compliance with professional ethics, and imposes disciplinary action;
• Voluntary associations of lawyers – associations of lawyers operating at the city, state, national level, engaged in professional development of their members, rendering free legal assistance on a voluntary basis.

Nationally, these associations are coordinated by the American Bar Association, which has about 600,000 members. Association members include:

• individual members: attorneys, government agency lawyers, legal theorists, and law students;
• collective members: specialized professional organizations of lawyers, such as the Society of Judges, the National Association of Attorneys General, the National Association of Criminal Defense Lawyers, and the National Association of Women Lawyers.

The Association’s scope of activity includes the following issues:

• problems of professional ethics;
• drafting of legislation;
• Developing uniform standards for the practice of law and the principles of the administration of justice;
• Opinions on federal judicial nominees, including U.S. Supreme Court Justices and federal prosecutors.

Membership in the Association is open to U.S. citizens who hold a law degree and are admitted to practice law. Foreign lawyers not admitted to practice in the United States may become foreign members of the Association.

General affairs of the Association shall be considered at the annual convention.

The post Higher education appeared first on NJpanda.

1) an individual activity in which more than half of the attorneys are engaged.
2) activities within a large company specializing in corporate advocacy. Within a company there is the following division of attorneys:

• associate – an attorney who is entitled to a portion of the profits of the law firm;
• associate – an attorney who receives a retainer from the firm. The associate’s tenure is about eight years, during which the aspiring lawyer must acquire his own clientele and begin to bring the firm a tangible income. At the end of that period, the associate either becomes a partner or leaves the firm.

3) Work in public defender’s offices, i.e. organizations that are on the state budget and are engaged in providing free assistance to indigent defendants. For example, the Legal Aid Corporation is established and funded by the U.S. Congress.
4) Work in a lawyer’s office defending the public interest (pro bono publico). This type of activity involves lawsuits against the state and corporations on behalf of certain categories of citizens (consumers, taxpayers).
5) activities within the legal department of a public organization for the purpose of judicial and claim resolution of certain issues. Such organizations include, for example, the National Union Against Racial and Political Repression, the Center for the Protection of Constitutional Rights of Citizens, associations of women lawyers and blind lawyers.

Fee practices in the U.S. are based on two basic principles:

• The attorney-client agreement is based on established practice and the recommendations of those organizations to which the practitioners are affiliated;
• Officially established rates of attorney’s fees depending on the type of rendered legal assistance (there are over 700 special tables for calculating fees for different types of services).

In addition, according to the decisions of the U.S. Supreme Court, it is recognized that the accused has the right to participate in the case from the moment of detention, and if he is not able to hire a lawyer, he is entitled to free legal assistance at all stages of the investigation and trial, as well as in appealing the verdict. In many states, only defendants facing imprisonment or the death penalty are eligible for free legal aid. Most states have established various programs aimed at funding free legal assistance from state or local government funds for qualified attorneys. This is the so-called “poor man’s benefit,” which applies to virtually any defendant who claims not to have the means to pay for an attorney.

The attorney’s services in this case are paid for by the state at a rate of $20-30, per hour, but no more than $200, per working day.

In the U.S., there are several forms of free legal aid:

1) By appointment attorneys. Assigned counsel programs are most often established in small municipalities, where the local government draws up a list of private attorneys who are willing to represent citizens in need. The list also indicates the lawyer’s specialization, on the basis of which he is selected for a particular case. The lawyer is selected by the court on the basis of a one-time assignment or by choosing from the available list. The attorney’s fees are also paid through the court from federal or state funds. In addition, the attorney must obtain the court’s prior approval of the costs associated with his or her own investigation or examination appointment;
2) by contract attorneys. The contract attorneys program involves a private practitioner who has a fee contract with the local government for a predetermined amount. The contract also specifies the number of indigent clients whose cases the attorney takes on. If the number of cases exceeds that stipulated, the contract will be renegotiated;
3) The activities of the offices of the “public defenders”. Public Defender’s Office programs provide legal assistance to virtually all indigent defendants in criminal cases. These agencies are created by local authorities: municipalities, city halls, city councils. Most agencies of “public defenders” have the status of private non-profit corporations, and lawyer-employees are formally considered public servants. Despite this, as well as state funding, such agencies are independent of the government;
4) In addition, free legal assistance from public organizations is available to persons whose cases are of important political or constitutional importance. In recent years, federal law has also established that attorney’s fees incurred by a party who sues an unlawful government action and prevails are reimbursed by the government.

An alien who is 26 years of age or older may be issued a license by a U.S. court to practice as legal counsel. The following requirements apply to the applicant:

• The applicant must have been an attorney in a foreign country for at least five years from the date preceding the application to the court;
• The applicant meets the required moral standards and the general requirements for members of a state bar association;
• The individual intends to practice law in this state as legal counsel and to open an office for that purpose.

The alien must also submit to the clerk of the court the following set of documents (with properly certified translations)

• A certificate issued by a professional organization or governmental agency in the foreign state certifying that the applicant is admitted to practice, indicating the date of admission, and confirming the validity of his or her status as an attorney;
• a letter of recommendation from a member of the executive body of such professional organization or public institution or from a judge of a superior court or court of first instance of such foreign country;
• a birth certificate.
  A person licensed to provide legal counsel shall be deemed to be an attorney affiliated with the bar association of that state, shall have all the rights inherent in the other members of the association, and shall be similarly liable. Thus, a foreign attorney-licensee must submit to the issuing court an undertaking or proof of professional liability insurance in an amount determined by the court.

The basic rule of attorney conduct in the United States is absolute loyalty to one’s client. This means, in particular, the following:

• Any information relating to a pending case disclosed to a lawyer by a client is confidential. Such information cannot be unilaterally disclosed by the lawyer and no one can force the lawyer to disclose this information, including the state;
• A lawyer shall use all defence tactics in accordance with the rules of professional ethics in order to ensure a fair and impartial trial for his/her client;
• conflicts of interest, personal bias, which prevent a lawyer from actively and fully representing the client’s interests, are also grounds for a lawyer’s refusal to handle a case.

Lawyer advertising was completely banned in the United States until 1970, when the U.S. Supreme Court ruled that such a ban was unconstitutional, violating free speech. Currently, advertising is allowed in all forms except in bad faith, as monitored by the Ethics Commission and the Disciplinary Bar Association. Thus, it is forbidden to give guarantees of results in advertising.

The post Organizational forms of lawyers’ activities appeared first on NJpanda.

Note 1. Many state laws grant the right to free legal assistance of a public defender only to persons who may be subject to imprisonment or the death penalty.

Free legal assistance is provided by appointed attorneys, attorneys-at-law, or public defense attorneys.

Local authorities (mainly in small localities) fix in special lists of practicing lawyers who are willing to provide legal services to those in need on a free-of-charge basis. Such lists include attorneys who have passed a qualification commission and their authority extends to all courts of a given jurisdiction. In each individual case, the lawyer is selected by the court based on the qualifications on the list.

Note 2. All services of appointed attorneys are paid by the court and, therefore, attorneys are required to coordinate all of their costs of defending clients with the court.

Contracted attorneys participate in court hearings based on contracts between the defense attorney and the municipality with payment of a certain amount of fees. The contracts clearly spell out the number of indigent clients who are to be assisted by the contract attorney. Also, if the agreed upon number of clients is exceeded, there is a provision for extension or signing a new contract. Most indigent criminal defendants receive free assistance from public defenders. Public defenders are maintained by the state and are supported by a full staff of assistants, private investigators, clerks, secretaries, etc.

The offices of public defenders are made up of practicing attorneys who have been qualified by the agency and receive salaries, not fees.

The post Free Legal Aid at the U.S. Bar appeared first on NJpanda.

• That person has been a lawyer in the foreign state for at least five years immediately preceding the application;
• He or she is of good moral character and meets the general fitness requirements for membership in a state bar association;
• intends to practice law in this state as legal counsel and has an office in this state for that purpose.

In support of the above circumstances, the applicant must provide the clerk of the court with the following documents:

• A certificate issued by a professional organization or governmental agency in a foreign state that is the ultimate authority on matters of professional discipline, certifying that the applicant is admitted to practice, with the date of admission, and certifying the validity of his or her status as a lawyer;
• a letter of recommendation from a member of the executive body of such professional organization or public institution or from a judge of a superior court or court of first instance of such foreign country;
• a duly certified English translation of such certificate and such letter;
• other documents attesting to the applicant’s education and professional qualifications, moral qualities and general fitness, birth certificate.

Subject to certain limitations, a person licensed to practice as a legal consultant shall be deemed to be an attorney of record with the State Bar Association and shall have all the rights and obligations incident thereto: the rights and obligations of a member of the State Bar Association to work in the same law firm with one or more members of the State Bar Association, including through any partnership and, perhaps most importantly, confidentiality of the client relationship and related documentation and similar privileges.

A person licensed to practice as legal counsel under said provisions shall be subject to professional discipline in the same manner and to the same extent as members of the bar association of this state; including the obligation to furnish to the court an undertaking or proper evidence of professional liability insurance in such amount as the court shall determine.

An applicant seeking a license to practice as a legal counsel shall be required to pay a license fee.

In the event a person licensed to practice as legal counsel under these provisions is subsequently admitted as a member of the bar association of this state, the legal counsel license issued to such person shall be deemed revoked by the patent issued to such person for the right to practice law as a member of the bar association of this state.

The post Admission of Foreign Attorneys to Practice Law in the United States appeared first on NJpanda.