One of the most common questions asked of the legal profession is, how can a criminal lawyer defend someone who is guilty?

There appears to be view that a criminal defence lawyer uses technical arguments or legal loopholes to free persons who are ostensibly guilty of offences. Further, a prevailing view in the community is that most accused criminals face serious allegations such as murder or sexual offences.

However, there are strict rules in place that govern the how legal practitioners conduct themselves when faced with such a dilemma.

Can a Criminal Lawyer Defend Someone They Know is Guilty?

A criminal lawyer can defend someone they know is guilty as long as they do not lie or knowingly mislead the court.

The Law Society of New South Wales governs the conduct of legal professionals and regulates their ethical standards. You can read the statement of ethics by clicking here.

If you tell your lawyer that you are guilty of a criminal offence, they can still represent you. However, if you wish to plead ‘not guilty’ then your lawyer cannot positively suggest that you did not commit the offence. Rather, they can only suggest that the prosecution have not proved the elements of the offence beyond reasonable doubt.

Can Lawyers Refuse to Defend Someone?

Lawyers can refuse to defend someone unless a court refuses to grant them leave to withdraw from the matter.

Common reasons why a criminal lawyer would not defend someone are if there is a conflict of interest (eg. the solicitor has previously represented or given advice to the opposite party), or where they have prior commitments or where the case is beyond their expertise.

However, once a lawyer has started acting for a client, they generally cannot stop acting unless they have a sufficient reason. The Law Society can make a finding of ‘unsatisfactory professional conduct’ and take disciplinary action if appropriate.

The Solicitors Rules set out that if a client admits their guilt to a lawyer but still wishes to plead not guilty, the lawyer must either:

• stop acting for the client, as long as there is enough time for the client to find someone else to represent them, or the client does not insist on the solicitor continuing to represent them; or
• continue to act for the client, but they cannot suggest that someone else committed the offence; or set up a case inconsistent with the confession

A criminal lawyer can still defend the client by arguing that the evidence does not prove the elements of the offence beyond reasonable doubt.

If the client gives evidence denying guilt or makes a statement claiming their innocence, the solicitor must stop acting for them.

The NSW Barristers’ Rules have similar provisions.

How Can a Criminal Lawyer Defend Someone They Think is Guilty?

A criminal lawyer can defend someone they think is guilty because there is a difference between “legal guilt” and “factual guilt”. It is not the job of a criminal defence lawyer to make a judgement as to their client’s guilt. A lawyer must provide a vigorous defence regardless of the crime their client is accused of or the evidence against them.

The criminal justice system is built on the concept of a person being presumed innocent until their guilt is proved “beyond a reasonable doubt”. This is a very high standard intended to make conviction difficult. This means that a criminal trial is about whether the prosecution have met this standard, as opposed to whether a person has actually committed an offence.

Pleading Guilty

If a person decides to plead guilty, your criminal lawyer can undertake the following actions to obtain the best outcome:

• negotiating with police to reduce the number charges. This can involve the ‘rolling up’ of a number of sequences;
• negotiating with the prosecution for less serious charges. For example, a charge of assault occasioning actual bodily harm can sometimes be reduced to a common assault charge. Likewise, a drug supply offence can be reduced to drug possession;
• amending the fact sheet to minimise the details of the offence.

By undertaking these actions, your prospects at minimising your penalty at sentence will be significantly increased. Outcomes such as a section 10 dismissal or conditional release order – which means that no criminal conviction is recorded – will become much more likely.

A lawyer can also prepare your subjective case by assisting you to obtain character references, an apology letter and any medical or psychological reports.

Undertaking a drug and/or alcohol rehabilitation program can also be beneficial. If you have been charged with a traffic offence, you will also need to enrol in a traffic offender program.

Pleading Not Guilty

If you have admitted to your lawyer that you are guilty of the offence, but you still want to plead not guilty, it will usually be in your best interests to retain new lawyers.

This is because for them to continue representing you, they can only argue that the prosecution has not proved the offence beyond reasonable doubt.

This means that your criminal lawyer cannot positively tell the court that you are innocent.

The ethical and professional standards that govern the conduct of solicitors sets out that your lawyer cannot allow facts they know are false to be produced in evidence, nor can they make submissions that they know are false.

An experienced criminal lawyer will generally withdraw from the case if faced with this dilemma. Given the significant penalties for criminal offences, it is advisable to be represented by a criminal lawyer who put the defence forward.

usiness law is a section of code that is involved in protecting liberties and rights, maintaining orders, resolving disputes, and establishing standards for the business concerns and their dealings with government agencies and individuals. Every state defines its own set of regulations and laws for business organizations. Similarly, it is also the responsibility of the business concerns to know the existing rules and regulations applicable to them.

Importance of Business Law

Business law plays a vital role in regulating business practices in a country. Here are some points that prove why business law is so relevant:

• Compensation Issues – Business law is essential to handle various compensation issues in an organization. A professional business attorney in Santa Rosa can help companies in settling issues related to compensation and salary management. It is the responsibility of the attorney to ensure that his or her client does not violate compensation and benefits laws at any cost. The consequences can be fatal in case of any discrepancies.
• Safeguard the Rights of Shareholders – Business law plays a vital role when it comes to safeguarding the rights of a company’s shareholders. An experienced business law attorney can successfully handle such issues along with conflicts related to minority shareholders, constitutional documents, resolution by arbitration, and more.
• Business Formation – Business law plays the role of a foundation stone for any business concern. Establishing a business includes a lot of legal processes, leasing, and permits. A business law attorney is well-versed with all the relevant regulations and can help the concern establish its operations successfully.

What are the Functions of Business Law?

Every business concern, either large-scale or small-scale, is bound to comply with their respective legal regulations. Here are some significant functions of business law that can help you understand it better.

• Includes laws related to business ethics, substantive law, procedural law, court system structure, and so on.
• Business law entails the taxation system for different types of businesses.
• The level of competition and antitrust are also involved.
• Business law also includes regulations about employee rights and privileges, workplace safety, overtime rules, and minimum wage laws.
• It strives to alleviate the impact businesses have on the environment and nature. It aims to regulate pesticides, limit air and water pollution, chemical usage, and so on.
• Business law determines the formal process of establishment of a business organization and regulations related to the selling of corporate entities.
• It also includes rights assignment, drafting, and work delegations, breach of contract, transactions, contracts, and penalties for violation of the agreement.
• Business law defines laws related to business partnerships, entities, sole proprietorships, liability companies, and corporations.
• It describes laws related to business and real property.
• Business law analyses the overall impact of computer technology on other business domains.
• Includes laws related to bankruptcy and governance of the securities.

The law of attraction is a philosophy suggesting that positive thoughts bring positive results into a person’s life, while negative thoughts bring negative outcomes. It is based on the belief that thoughts are a form of energy and that positive energy attracts success in all areas of life, including health, finances, and relationships.

Based on these lofty promises, it begs the question: Is the law of attraction real? While the law of attraction has generated attention in recent years due to books like “The Secret,” it lacks scientific evidence for its claims and is generally viewed as a pseudoscience.

The Laws of Attraction

How does the law of attraction work? Essentially, the energy of your thoughts manifest your experiences. So positive thoughts manifest positive experiences and vice versa. Advocates suggest there are central universal principles that make up the law of attraction:

• Like attracts like: This law suggests that similar things are attracted to one another. It means that people tend to attract people who are similar to them—but it also suggests that people’s thoughts tend to attract similar results. Negative thinking is believed to attract negative experiences, while positive thinking is believed to produce desirable experiences.
• Nature abhors a vacuum: This law of attraction suggests that removing negative things from your life can make space for more positive things to take their place. It is based on the notion that it is impossible to have a completely empty space in your mind and in your life. Since something will always fill this space, it is important to fill that space with positivity, proponents of this philosophy say.
• The present is always perfect: This law focuses on the idea that there are always things you can do to improve the present moment. While it might always seem like the present is somehow flawed, this law proposes that, rather than feeling dread or unhappiness, you should focus your energy on finding ways to make the present moment the best that it can be.

How to Use the Law of Attraction

So how do you get started with the law of attraction? According to this philosophy, you create your own reality. What you focus on is what you draw into your life. It suggests that what you believe will happen in your life is what does happen.

Some things that you can do to incorporate the law of attraction into your own life include:

• Be grateful
• Visualize your goals
• Look for the positives in a situation
• Learn how to identify negative thinking
• Use positive affirmations
• Reframe negative events in a more positive way

While the law of attraction may not be an immediate solution for all of life’s challenges, it can help you learn to cultivate a more optimistic outlook on life. It may also help you stay motivated to continue working toward your goals.

Relationships

You can use some elements of the law of attraction to work toward your relationship goals. One way to do this is to become more aware of the things that might be holding you back when it comes to allowing love in your life.

If you notice that issues like a fear of vulnerability keep you from forging strong romantic connections, you can start taking steps to overcome those fears. Approaching your relationships with positivity may help you form healthier relationships.

Work

The law of attraction can also be useful for achieving your professional goals. While people sometimes mistakenly believe that simply thinking positively about your career aspirations will manifest positive changes, the key is to use your long-term goals to make specific, concrete changes in the present that will help you take steps toward your goals.

For example, simply hoping for higher pay isn’t enough. Taking actions such as acquiring marketable skills, seeking promotions, or even pursuing a new position are steps you can take that will pay off in the future. According to the law of attraction, focusing your energy in positive ways will bring positive changes to your life in the future.

Money

Manifesting financial changes in your life requires small steps and steady progress. Instead of simply wishing for more, it’s important to assess your financial life and set goals for what you want to achieve both now and in the future. 

The law of attraction encourages people to shift from a scarcity mindset to an abundance mindset. Instead of focusing on what you lack, practice feeling gratitude for what you have. In doing so, you’ll be better prepared as you work toward your financial goals and take advantage of the opportunities presented.

Impact of the Law of Attraction

While the law of attraction lacks scientific support, proponents suggest that it can produce positive changes in a person’s life. Some reasons why people may experience benefits from this philosophy include:

Spiritual Effects

The law of attraction may produce results because it taps into people’s spirituality. Spirituality itself is connected to a variety of health benefits including reduced stress, better health, lower depression, and better overall well-being.¹

Many people believe that this philosophy works by aligning God or the universe with our wishes. This notion suggests that people are all made of energy, and this energy operates at different frequencies. Because of this, it is important to change the frequency of energy with positive thoughts, especially gratitude for what we already have.

By using grateful, positive thoughts and feelings and by focusing on our dreams rather than our frustrations, we can change the frequency of our energy, and the law of attraction brings positive things into our lives. What we attract depends on where and how we focus our attention, but we must believe that it’s already ours or soon will be.

Better Well-Being

Utilizing the law of attraction may also bring about positive impacts on mental well-being. By focusing on attaining a new reality, and by believing it is possible, we tend to take more risks, notice more opportunities, and open ourselves up to new possibilities. Conversely, when we don’t believe that something is in the realm of possibilities for us, we tend to let opportunities pass by unnoticed.

When we believe we don’t deserve good things, we behave in ways that sabotage our chances of happiness. By changing our self-talk and feelings about life, we reverse the negative patterns in our lives and create more positive, productive, and healthy ones. One good thing leads to another, and the direction of a life can shift from a downward spiral to an upward ascent.

One of the foundations of many types of therapy is that changing your self-talk can change your life in a positive direction. Cognitive-behavioral therapy (CBT), a widely used and effective treatment for many conditions, is based on the idea that identifying and changing automatic negative thoughts can produce positive effects and help people achieve better mental well-being.

Tips for Practicing the Law of Attraction

There are some exercises that can help you learn to put the law of attraction into practice in your own life. Some ideas include:

• Journaling: Writing down your thoughts can help you better learn to recognize your habitual thought patterns to see whether you tend toward optimism or pessimism and learn more about changing negative patterns of thought.
• Make a mood board: Create a visual reminder that helps you maintain a positive mindset, stay motivated, and focus on your goals.
• Practice acceptance: Instead of focusing on what is wrong about the present or what needs to be changed, work on accepting things as they are. This doesn’t mean that you won’t continue to work toward a better future, it just means that you won’t get bogged down by wishing for things to be different right now.
• Practice positive self-talk: If you struggle with being overly self-critical, set a goal to engage in positive self-talk each day. Over time, this may come much more easily and you may find that it is harder to maintain a negative mindset.

Potential Pitfalls of the Law of Attraction

One problem with books such as “The Secret” as well as with some people’s interpretation of the law of attraction is that it suggests it’s the belief that good things will come to us that will bring us all that we desire, without any sort of action behind that belief.

It is the optimistic viewpoint that drives proactive behaviors that, in turn, bring optimists such great results in their lives. Optimists don’t receive their benefits from their attitudes alone—it’s the behavior the attitudes inspire that creates real change.

In order for beliefs to affect behavior, it is important to also have things such as:

• Goals
• Mindfulness
• Commitment
• Motivation
• Timelines
• Challenges
• Support

Critics of “The Secret” and other books about the law of attraction also point out the very real concern that people may start to blame themselves for negative events that are outside their control, such as accidents and injuries, layoffs due to a financial downturn, or major illnesses.

We can’t always control our circumstances, but we can control our responses to them. In this vein, the law of attraction can provide the optimism and proactive attitude associated with resilience in difficult situations, but it must not be used as a tool of self-blame.

The History of the Law of Attraction

While the law of attraction has received quite a bit of attention in recent years, the concept is not exactly new. These ideas have philosophical roots that date back to the early 19th-century approach known as “New Thought.” There was a resurgence of interest in the idea during the 20th century, particularly with the 2006 release of the film “The Secret,” which was then later developed into the best-selling book of the same title and its 2010 sequel “The Power.”

Some people are affected more and others less. However, the law and government do affect us all in some common ways. Most importantly, the law and government affect us by allowing us to live in a society where we are not related to most other people and we generally do not even know who they are.

Most definitely the so-called “civil law” or, depending on you location, the “common law”.

The “law” is a set of rules designed to regulate relations (a) between humans and (b) between humans and objects. What exactly those rules are, and how they operate, varies.

Typically, when people think of the “law”, they think of circumstances when the “law” becomes visible, i.e. in exceptional circumstances that are potentially life-changing, i.e. criminal law,or when the state makes it’s presence known, by demanding you pay taxes.

However, daily life is usually regulated by a much larger degree by the so-called “zivilrecht”, for lack of a better word, a “law of interpersonal relationships”.

You get up in the morning, out of bed? Chances are you bought that bed someplace, so the law of contracts, which governs sales, has something to do with it. The bed is standing in a flat or house, which is either rented → law on lease agreements, or owned → property law. You take a shower → you have a service agreement with your utilities provider, who ensures that there is water in the pipe leading to your domicile.

You get dressed → law of contracts concerning how you bought the clothes you wear, → property law concerning you’re allowed to do with them as you please.

You leave house and walk down the street → traffic laws are designed dot make that a safe and convenient experience: and enter a coffee shop. There, you buy a cup of coffee, a bagel, and an newspaper for your breakfast → depending on where in the world you are, you just entered into, and executed, anything between one and nine contracts governing the passage of ownership of coffee, bagel and newspaper to you, reciprocal obligations (“stuff” for “money) concerning the quality, payment of the items you purchased, and them now “belonging” to you, and not to the coffee shop, any more.

If the coffee shop is part of a chain, chances are you will not be contracting with the guy behind the counter, but with a company (f.e, Starbucks?), so laws on representation and agency also apply. In 90% of the cases, if your coffee is cold, you will complain to whoever sold you your coffee if the coffee is too cold → Implied terms, coffee is suitable for human consumption and of a “typically to be expected” quality and temperature.

All of this happens more or less “in plain sight”, but out of mind. It is supposed to happen that way. The law is there, more or less invisible to non-lawyers, but it only becomes visible when things go wrong. y Our everyday lives are typically enmeshed by legal rules, most of them concerning “commercial” transactions in the widest sense. That is the area of law that most of us will find prevalent in our everyday lives. Everything else, Taxes, criminal law, etc., is not nearly as prevalent.

Side note: A lot of areas are also explicitly NOT regulated by the law. “Social interations”, for example: If you invite someone for dinner, and then let them stand outside in the rain,you will typically not suffer legal consequences (i.e. you will not have breeched a “contract”), but you will suffer purely social consequences (chances are, whoever you invited will not want to see you again).

There are many important reasons why laws are important. Laws keep people safe, keep order in society, and protect the rights of individuals. Without laws, life would be chaotic and there would be no way to settle disputes or disagreements. It’s important that all people understand the basics of law so that they can abide by it and contribute to a peaceful society.

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We Have Laws in Place to Help Us Live Together Peacefully, Safely, and Happily

Here are some examples of how laws help us:

• Laws help us live together peacefully: Laws help avoid conflict by clearly stating what’s right and wrong. Laws can also help settle disputes when conflicts arise.
• Laws protect us: laws protect our individual and collective freedoms and ensure that we live in a safe, free, and democratic society. They also protect us from others who might try to harm us or otherwise take unfair advantage of us.
• Laws keep us safe: for example, rules such as speed limits and traffic signs on the roads make sure we drive safely. They keep pedestrians safe by making sure cars stop at crosswalks.
• Laws regulate how animals should be treated to protect them from abuse or neglect.
• Laws enable us to live happily together: Without police, fire departments and hospitals, without public places like parks and libraries, without an education system or other support systems in our community, life would be very difficult – and not very happy!

Laws Can Protect People

Laws are there to protect people from harm, whether that harm comes from other people, a government or a corporation, or even from themselves.

It’s not uncommon for people to try to hurt themselves and others. Laws can help prevent this by setting rules for things that could be harmful.

For example, there’s a law that says you can’t drive a car while under the influence of alcohol. This law helps keep people safe because it prevents dangerous behavior and prevents accidents caused by drunk drivers.

If a driver breaks the law and drives drunk, they may have to pay money for breaking the law. There’s also the risk that the driver will injure themselves or someone else because it’s so dangerous to drive drunk. These consequences help the driver not to do it in the future.

Laws exist both formally, when they’re created through legislation, and informally when they’re standards of behavior modeled by society.

Laws may exist to:

• Protect citizens from physical harm (e.g., murder)
• Protect citizens from harming themselves (e.g., laws regulating drug use)
• Protect citizens from each other (e.g., laws against theft)
• Protect citizens from their government (e.g., laws protecting freedom of speech)
• Protect countries from foreign threats (e.g., counter-terrorism law)
• Protect a business via business law

Stable Society

Without laws, it would be impossible to have a stable society where people could trust others to do the right thing.

Since laws are there to protect our freedoms and provide order within a nation or community, it’s important that they be followed.

If we didn’t have laws to protect us from harm by ensuring that crimes such as murder or assault didn’t go unpunished, anyone could kill another at any time without fear of consequences for their actions. There would no longer be a sense of safety in society because there would be nothing to stop people from hurting each other.

That’s why it’s important that we’ve laws that punish those who commit crimes against others, so as not to create an environment in which crime can flourish. We also need laws to enforce property rights and ensure that everyone has access to the resources they need to survive or succeed.

Laws Can Even Out Unfair Advantages

In most cases, laws serve to ensure that all people are treated fairly – that minorities aren’t discriminated against on the basis of race, gender, sexuality, political views, or physical or mental status.

Laws also ensure that people have equal opportunities in education and employment. This includes ensuring that people with disabilities have access to services so that they don’t face additional barriers simply because they have a different disability. In the US, the Individuals with Disabilities Education Act ensures that students with a disability are provided a free public education tailored to their individual needs.

For example, it’s important to ensure that all public buildings have wheelchair-accessible entrances and restrooms.

Laws can also help ensure that everyone gets a fair trial if they’re accused of a crime. Everyone has the right to know what he or she’s accused of and why (this is called due process).

Everyone Is Treated the Same Way

Laws create a sense of fairness by ensuring that everyone is treated equally before the law. That’s, even if a law doesn’t seem fair to one person, it still applies to that person because it applies to everyone else. Laws can be changed to be more fair and just.

No one should be above or outside the law. In that way, laws promote a sense of equality – that everyone should be treated equally regardless of his or her gender, sexuality, race, ethnicity, color, or background.

Laws Provide Structure for Society

Laws give structure to society. They’re a set of rules that we all must follow. These rules help us achieve stability and create a system that works and is just.

Laws are needed to show people what’s acceptable in society, its norms, such as not killing or stealing from your neighbor. Without laws, there would be chaos! That would mean that no one could live together safely and fairly.

A country with many laws may seem restrictive, but that’s actually a good thing because it gives people the freedom to live their lives without fear of violent crime.

Some may say that laws don’t prevent crime, but if everyone knew there were no consequences, crime rates would increase dramatically!

• Many crimes are committed in haste and when the criminal knows there will be no repercussions to their crime, they are likely to commit the crime again or possibly even commit more dangerous crimes because they will not be afraid or concerned about being caught or punished for their crimes when there are no consequences for their actions.
• Having laws in place that punish criminals for their actions helps keep crime to a minimum and prevents criminals from committing more serious acts of violence against others because they feel that they can get away with it.

Laws Are a Force That Can Be Used to Create Social Change

Laws are a tool that can be used for social change, and protect valuable civil rights.

Here’s an example of a law in the United States that was used for social change:

In the past, it was difficult for women to vote because the United States Constitution didn’t include them as voters. Women fought for their right to vote and then Congress passed a law (the 19th Amendment) in 1919 that guaranteed them that right.

The 19th Amendment states, “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.” This is an example of how laws can be used to help people achieve and ratify social change.

If a Law Is Broken, There Will Be Consequences

Everyone is expected to behave in such a way as to uphold the law. If a person violates a law, they face punishment, which may include fines or imprisonment. They may also be subject to a court order, such as an educational order or a probation order.

If someone breaks criminal law, he or she’ll be arrested and taken to court, where he or she’ll be sentenced by a judge. If he or she’s found guilty, the judge imposes a sentence, such as a fine or jail time (also called “imprisonment”).

In civil law cases, an order to desist might be issued.

If someone breaks the law and you want him or her to stop, you can report him or her to the police or another responsible authority (such as your community).

Making reports on behalf of others is called “whistleblowing.”

Laws Provide a Framework for Society to Function and Interact With Each Other Peacefully

Laws provide a framework for the functioning of society and peaceful interaction.

For example, laws prevent someone from murdering another person or stealing their property; they require drivers to obey traffic laws, such as stopping at stop signs and not speeding on highways.

The law requires employers not to discriminate against job applicants on the basis of race, gender or age. It also ensures that consumers aren’t ripped off when buying products such as food or clothing in stores by requiring them to list accurate prices for items sold in their stores (or online).

Laws Are an Important Part of Protecting Human Rights

Human rights are fundamental. They come before the laws of any country. Human rights include the right to life, to education, to work and to justice.

The United Nations Universal Declaration of Human Rights provides a list of human rights. These rights apply to all people regardless of gender, age, race or ethnicity. They aim to ensure that everyone has an equal chance of living and prospering in society.

Laws Can Be Changed to Reflect the Changing Needs of Society, Which Is Why They Are So Important

It’s no secret that the world around us is in constant flux. The needs, desires, and changing beliefs of individuals and groups are constantly evolving, and as a result, laws must be changed to reflect these new priorities.

Laws that don’t change with society can be harmful.

That’s why it’s important for legislators to keep an eye on the various changes in their communities and respond with the necessary legislative action. This might mean updating a specific law or drafting a new one that better reflects societal values.

So, by all means, if a friend of yours expresses his or her strong opinion against any type of law change, just gently explain to him or her that laws are important and necessary and that some changes are necessary from time to time as society evolves and changes.

What Is the Difference Between Rules and Laws and Why Are You Important?

Laws are made by governments and enforced by the police. They apply to everyone within the country’s borders.

Rules and regulations are made by individuals or groups of people (such as teachers or parents) and also enforced by them. These rules can apply to a school, a family, a workplace, and so on.

A rule could say that students cannot have pets in the classroom, but a rule only applies to students in the classroom and not to teachers and other students outside the classroom.

Rules are an important way to give children a sense of structure and to ensure that everyone is treated fairly and respectfully. Without rules to follow, children might feel out of control and act out in self-destructive ways or try to take charge of the situation by bending the rules in their favor.

By making rules clear to everyone and sticking to them consistently, schools provide a safe environment where students can learn and cooperate with each other while also developing important life skills like problem-solving and decision-making.

Where Do Laws Come From?

Laws are created by many different bodies and organizations in many different ways, depending on what type of law it’s.

Federal law (national law), for example, comes from:

• Congress: federal statutes are usually enacted through bills passed by both houses of Congress (the Senate and the House of Representatives) and then signed by the President. If the President vetoes a bill, Congress can override the veto with a two-thirds vote.
• State legislatures: some states may pass state statutes that contradict federal legislation – for example, laws that legalize marijuana for recreational purposes even though it’s illegal at the federal level. This creates tension between states and the federal government over how to enforce these laws, often leading to litigation in court.
• Local governments: These local governments include cities, counties, townships, special districts such as school boards or transit authorities, and other local governments (e.g., Indian tribes) that have the right to self-government. Local governments enact laws, called ordinances, which can regulate issues such as land use and zoning regulations.

International Law

Laws are also enacted by international organizations, such as treaties negotiated between the United States (and other countries) at summits to address climate change, and international treaties signed by several countries to protect or promote common interests.

Federal regulations are also issued through executive orders of the President. However, unlike executive orders dealing with national security issues or defense matters involving wartime military operations (which cannot be rescinded), they can be revoked by a subsequent presidential administration.

State and local laws originate from a variety of sources, such as the state legislature, county courts, municipalities, police departments, and other government agencies that make regulations for their jurisdictions.

Common Law

Common law is established by precedent. That means that a judge must rely on previous court decisions – case law – to reach a conclusion in a case. The judge cannot craft his own verdict based on personal preference or feelings about what the law should be in a case because his decision must be consistent with previously decided cases. Judges also cannot overturn laws “on principle” or “on the spot” to create a new result because the law is already established.

The Supreme Court of the United States also reviews laws passed by state legislatures for consistency with the federal constitution’s Bill of Rights and the laws enacted by Congress. It may declare a law to be unconstitutional and order its removal from the statute books if it violates the federal constitution. The Supreme Court functions as a court of last resort.

Other countries have similar sources of law as the United States, although some have separate systems of civil law and common law.

Without Law, What Would We Have?

• Chaos: You should look both ways before crossing the street because no one else will!
• No rules: There’s no code of conduct, so anything goes.
• No Rights: With no laws to protect you, you’re lucky to make it if different from everyone else.
• No Justice: If the jury doesn’t know if the law has even been broken, there’s no justice to be had.
• No order: get ready for anarchy – nothing stops us from doing what we want!
• No protection: there’s no one to watch over us or ensure our safety, so beware of robbers and thieves.
• No freedom: without laws to guide us and provide justice, we’re limited in our lives.

In short, without laws and a legal framework in society, we’d have chaos, anarchy … and absolutely no rights, no civil society.

The path to become a lawyer may seem clear-cut: obtain a Juris Doctor (J.D.), take the Bar examination, and begin practicing. But with so many different types of lawyers, deciding what kind of law you want to practice may not be such an obvious decision.

Depending on your interests and the kind of work you hope to do, certain areas of law may appeal more to you. Understanding the roles and responsibilities of the types of lawyers that exist can help you pursue the specialty you are most passionate about.

1. Bankruptcy Lawyer
2. Business Lawyer (Corporate Lawyer)
3. Constitutional Lawyer
4. Criminal Defense Lawyer
5. Employment and Labor Lawyer
6. Entertainment Lawyer

7. Estate Planning Lawyer
8. Family Lawyer
9. Immigration Lawyer
10. Intellectual Property (IP) Lawyer
11. Personal Injury Lawyer
12. Tax Lawyer

1. Bankruptcy Lawyer

Bankruptcy lawyers are experts in the U.S. Bankruptcy Code, and handle insolvency issues for individuals or corporations. Bankruptcy lawyers generally specialize in either consumer bankruptcy or commercial bankruptcy. In consumer bankruptcy, lawyers represent individuals or creditors; in commercial, they represent corporate creditors and debtors. However, the scope of work for bankruptcy lawyers in either specialization is the same, as both specializations navigate solutions for financial restructurings, plan confirmations, and valuation disputes. Clerking or interning at a firm that has a bankruptcy practice is one way to figure out whether a future position in this field suits you.

While not required, some states offer bankruptcy law certification to further distinguish lawyers’ expertise in the field.

2. Business Lawyer (Corporate Lawyer)

Business lawyers, also known as corporate lawyers, handle legal matters for businesses and ensure that all company transactions occur within the scope of local, state, and federal laws. Common legal work includes mergers, acquisitions, formation or dissolution of businesses, patents, intellectual property, and liability disputes. Day to day, a business lawyer may conduct legal research, write and revise legal documents, and negotiate contracts. 

Some law schools allow students to pursue a business law certificate in addition to their J.D., and receive advanced training for a corporate law career. Upon graduating and passing the bar, business lawyers typically work at either a corporate firm, or as in-house counsel for a sole company. 

3. Constitutional Lawyer

Constitutional lawyers deal with the interpretation and implementation of the U.S. Constitution, and balance the interests of government institutions with the interests of individuals. Various roles of a constitutional lawyer might include challenging the constitutionality of a piece of legislation, representing individuals in discrimination suits, or working as a constitutional law expert at a university. Constitutional lawyers may be involved in civil rights cases, and some argue legal issues before state supreme courts or the U.S. Supreme Court—a rare opportunity for lawyers in other fields. 

Depending on the school, law students may be able to obtain a constitutional law certificate or pursue advanced studies by taking a required number of related courses. While not required for a career, future employers may see it as a strong commitment to the practice area. 

4. Criminal Defense Lawyer

Criminal defense lawyers advocate on behalf of those accused of criminal activity and ensure that their liberties and basic rights are fairly upheld within the justice system. A criminal defense lawyer may work as a public defender or as a private attorney. In either position, their job is to leverage the law to the advantage of the accused. They must protect the best interests of their client, within the bounds of the law. Criminal defense lawyers may appear in court more frequently than other types of lawyers—especially if a case goes to trial.

 A number of state bar associations offer specialty programs in criminal law, while those passionate about trial advocacy can receive certification as a criminal trial lawyer.  

5. Employment and Labor Lawyer

Employment and labor lawyers broadly handle the relationships between unions, employers, and employees. They deal with issues around workplace discrimination, harassment, wage and hours regulations, benefits, and pension security. While the responsibilities of employment lawyers and labor lawyers tend to overlap, labor lawyers focus on union-management relations and collective bargaining, while employment lawyers address matters in non-union workplaces.

Just as with other specialties, many law schools offer a specialization certificate in employment/labor law for students who take a minimum number of courses in the area, but it is not required for employment. 

6. Entertainment Lawyer

Entertainment lawyers represent athletes, artists, musicians, actors, and other media-related clients or brands. They help to protect the intellectual property of their clients, which can be anything from a singer’s lyrics to a comedian’s comedy routine. Additionally, entertainment lawyers may negotiate contracts and fee arrangements, secure talent releases, act as a liaison between agents or venues, or oversee membership into unions and guilds. 

You’ll find a number of law schools offer certificate programs or classes in entertainment law, even at the LL.M. level. 

7. Estate Planning Lawyer

An estate planning lawyer is well-versed in the intricacies of property rights, wills, probate, and trusts. They provide legal advice and assistance to ensure client assets passing both inside and outside the will or trust are handled correctly, while also ensuring that tax and legal issues are properly addressed. Deciding how to provide for various family members is a delicate process, so estate planning lawyers may use questionnaires to help clients evaluate their assets and liabilities, and aid them in their decision-making.

Estate planning lawyers may pursue additional certification—most commonly the Chartered Trust and Estate Planner (CTEP)External link:open_in_new, Accredited Estate Planner (AEP)External link:open_in_new, or the Certified Trust and Fiduciary Advisor (CTFA) certificationExternal link:open_in_new. 

8. Family Lawyer

While many people may think of family lawyers as divorce attorneys who handle the division of marital assets, child custody, and alimony, family law extends to many more issues. Any domestic relations or family-related issues including adoption and guardianship, paternity, juvenile delinquency matters, and child welfare fall within the scope of a family lawyer. Typical responsibilities of a family lawyer may include drafting contracts or negotiations, writing prenuptial agreements, counseling clients on legal options, or resolving familial disputes. Family lawyers can work at smaller law firms specializing in family law, or at nonprofit organizations.

Some states also offer board certification in family law or child welfare law for those who want to demonstrate verified knowledge and expertise in the area, but it is not required.

9. Immigration Lawyer

Gaining citizenship or legal status can be an intimidating process. Immigration lawyers play a pivotal role in providing guidance to individuals and families navigating the necessary requirements to live, work, or study in the U.S. Sometimes, immigration lawyers may even assist refugee and asylum seekers. Employers and employees participating in work-visa programs may also use immigration lawyers to assist in the process of gaining legal work status.

Some law schools offer certificate programs that allow students to specialize in immigration law. However, even schools that do not offer a formal certificate may recommend suggested courses for interested students to take.  Immigration lawyers may work in a variety of settings, from firms that specialize in immigration law to government agencies or non-profit organizations.

10. Intellectual Property (IP) Lawyer

Intellectual property (IP) lawyers protect and enforce the rights and creations of inventors, authors, artists, and businesses. IP law encompasses copyrighting, trademarking, patenting, and protecting trade secrets for tangible products like inventions, and intangible ones like brand names, slogans, or symbols. Lawyers in this field have three main responsibilities: the first is to counsel their clients on the best way to protect their intellectual property; the second is to protect their intellectual property by registering a trademark, copyright, or patent; and the third is to enforce intellectual property rights against infringement.

Both law schools and state bars may offer either specialty programs or certificates to specialize in the field. 

11. Personal Injury Lawyer

Personal injury lawyers work primarily in civil litigations, representing clients who have sustained an injury. Most often, these injuries stem from car accidents, medical malpractice, product liability, or workplace accidents. Personal injury lawyers must prove that the responsible party—typically another individual or a corporation—is liable and owes damages to their client. Many of these cases are settled out of court. 

Personal injury lawyers follow the same educational path as all lawyers who earn a J.D. and pass the bar. However, personal injury certifications are less common, but some states, like Texas, do offer it.

12. Tax Lawyer

Tax lawyers understand the ins and outs of tax laws and regulations, and work in a variety of settings. These settings can include corporations, law firms, accounting firms, nonprofit organizations, or government agencies. Their responsibilities include tax planning, interpreting tax law (and its effects on their clients), and a great deal of research. Due to the complexity of tax laws and how frequently they can change, tax lawyers must closely follow tax law developments, court opinions, and IRS rulings.

Some tax lawyers pursue a Master’s in Taxation to further specialize their knowledge and stay up-to-date in their practice. 

Frequently Asked Questions about Different Types of Lawyers

With so many types of lawyers, you may find yourself with a few questions about which path is right for you. Below are some common questions related to the different specialties.

What types of lawyers are there?

While we introduced some of the most common types of lawyers in this article, there are many others to consider depending on the industry or specialization you may be interested in. For instance, personal injury lawyers may specialize in niche areas like medical malpractice or claims against pharmaceutical companies. However, additional types of lawyers include contract lawyers, environmental lawyers, traffic lawyers—and the list goes on.

What are the types of trial lawyers?

Trial lawyers represent clients in both civil and criminal cases. Their primary job is to argue the facts of a case before a judge or jury on their client’s behalf. In court, trial lawyers may argue motions, meet with judges, or select jurors. Outside of court, trial lawyers may review files, interview witnesses, or take depositions. Criminal defense lawyers and constitutional lawyers may also act as trial lawyers.

What are the types of government lawyers?

Government lawyers can be found at the federal, state, or local level, and in all three branches of government. They represent the interests of the government—or citizens as a whole—rather than individuals or corporations. Government lawyers may work in Attorney General’s Offices, governors’ or mayors’ offices, in executive agencies, public defenders’ offices, or in state legislatures.

What are the types of criminal lawyers?

There are two main types of criminal lawyers: prosecuting attorneys (also referred to as district attorneys), and defense lawyers. Prosecuting attorneys represent the government against which an alleged crime was committed, whether on the local, state, or federal level. Defense attorneys represent the defendant accused of a crime.

What do corporate lawyers do?

Corporate lawyers handle legal matters for corporations and ensure that all business transactions are in compliance with the law. They may work on mergers and acquisitions, intellectual property, and negotiations. They provide counsel to their clients, conduct legal research, and write or revise contracts.

Do all types of lawyers go to court?

No, court proceedings are costly and time-consuming, so legal matters are sometimes settled outside of court. There are many types of lawyers that rarely (if ever) go into court, as the scope of their work does not require it. These may include estate planning lawyers, labor lawyers, personal injury lawyers, and bankruptcy lawyers.

What type of lawyer should I be?

This depends on your area of interest and career goals. Think about what type of work you would enjoy doing daily, and the coursework that interests you most—certain law degree specializations may pique your interest more than others. It’s also important to consider your strengths. Some types of lawyers may benefit from strong interpersonal skills; others rely on their analytical abilities. Refer to the types of lawyers listed above to help you better understand each type.

If you’ve ever questioned what you can do with a law degree, you’ve likely realized there are many different possibilities. While this guide provides insight into the responsibilities of the most common types of lawyers, you might also be wondering about other factors like job outlook or lawyer salaries. Carefully consider the factors most important to you, and remember that the right law career path for you is out there—you just have to find it.

The road to becoming a lawyer is a long and difficult one, however, it is also an achievement that only the best talents can attain. The fact that you are even thinking about it shows that you have the determination and desire to succeed. Despite the difficulties, it is also a profession that will bring incredible job satisfaction and financial reward. If this sounds like your dream career path, here are five essential tips to reach your goals and become a lawyer. 

1. Shine During High School

Excelling during high school not only can put you ahead of your competition when it comes to applying for colleges, but it also puts you in the correct frame of mind to pursue a career in law. You are going to have to work hard, so start working hard early. Get involved in extracurricular activities and take part in other activities that involve debating and meeting people as your personal skills will be key once you leave college. 

2. Consider Participating In A Clerkship

A clerkship can give you the opportunity to work for a law firm over the summer or part-time. This will give you essential experience and law firms will look favourably upon this attribute on your résumé. There is also the possibility that the law firm that is providing you with the clerkship may take you on once you graduate from law school. If you are struggling financially and need extra funds to help you with living costs during an internship or clerkship, you can consider personal loans from private lenders. Doing so will keep you financially stable until you start to make money. 

3. Get Involved In College

Like with high school, you should be getting involved as much as possible while at college. If there are positions of responsibility available you should be applying for them. Take extra classes if you need them and try to foster good relationships with your professors, as it will be them who are writing your reference for law school. If you can find work experience, this will help you even more as it shows your willingness to put yourself out there and start learning early. 

4. Don’t Get In Trouble With The Law

It might seem obvious, but it is worth emphasising that you should not get in trouble with the law as it could prevent you from having a career in law. Bar Associations usually put candidates through a moral screening process and any involvement with the law will not look good. The number one rule of becoming a lawyer is to stay out of trouble.

5. Network

Your network can never be big enough, especially in an industry as competitive as law. Start networking early and never miss the opportunity to do so when you are at college or completing an internship or clerkship. The main importance of networking is your connections as they could provide you with opportunities that will completely change the course of your career. Networking works both ways and, to maintain your network, you will need to be prepared to help others when they are in need. A good network will also be able to provide you with advice and support during your journey.

Now 5 Helpful Questions To Ask Lawyer During The Consultation

Many lawyers offer to speak with potential clients for a free initial consultation. This helps you in finding a qualified attorney and choose if they are the right person for you. Knowing the questions you want to ask before meeting the lawyer is, therefore, very important. Here are some of the questions you should consider asking:

1. How Many Cases Similar to Mine Have You Handled Before?

It’s important to determine how long your attorney has practiced law and whether they have handled cases like yours in the course of their experience. Asking the attorney such a question will help you determine if they can handle your case.

If they have dealt with similar matters, they are likely to be sufficiently competent to handle your type of case. At this point, an experienced attorney may even be able to present you with testimonials of similar cases to yours that they have taken.

Other related questions:

• What type of cases do you primarily deal with (criminal law, family law, etc.)?
• When did you start practicing law?
• Can you give me examples of similar cases you have handled?

2. What Strategies Are You Going To Use For My Case?

Even though many lawyers won’t go into the details of the strategies they plan to use since it’s just the first meeting, the right one should give you an overview of what he or she plans to do to help you with your case, if you take him or her on as your legal representation.

Other questions to consider include:

• Which strategies do you intend to use? Explain the advantages and disadvantages of each.
• In your opinion, how long will this case take if you use this strategy?
• Have you used these strategies before? Did they work?

3. Are There Other Alternatives Apart From Going To Court?

Legal services do not begin and end in the courtroom. There are often ways that one can avoid going to court. A Lawyer can often negotiate and come to a fair conclusion before the opponent files a lawsuit. In some cases, even after a lawsuit is filed, mediation and arbitration are still options to avoid going to court.

Other questions you can ask:

• In the cases you have handled in the past, how many have you settled outside court?
• Do you see yourself as a successful negotiator?
• Are you open to the possibility of taking the case to court in case a settlement is not reached?

4. How Much Will It Cost Me?

This first meeting is the right time to talk about legal fees. When you ask about the cost, you will consider the lawyer’s response and see if you can afford it. In personal injury matters, a law firm will usually only require you to pay only after you receive your settlement.

Questions To Ask The Right Lawyer

Other questions to consider include:

• What is your attorney fees structure? Is it per hour? Flat legal fee? Contingency?
• Will there be extra costs?
• Can you give me an estimation of the total cost?

5. What Are The Possible Outcomes Of The Case?

A good legal professional should be able to predict the outcome of the case. They should not just tell you what you want to hear, but should instead tell you the truth.

Other related questions you can ask:

• Do you see us facing significant legal challenges?
• How can I avoid a lawsuit?

In conclusion, taking advantage of the free consultation to know about your Lawyer, their abilities, and their credibility will go a long way in helping you with your case. You may not get all the legal advice that you want at this stage because this is just the first meeting. In any case, the choice is of whether or not to hire a lawyer is yours to make. Hopefully, these tips provided will help you make a wise decision.

It’s always a good idea to do some research before you decide on who you want to represent you in the sale of your home. A qualified real estate attorney can protect you from many legal pitfalls and ensure that you are not setting yourself up for future problems with the transfer of property, making concessions and disclosures, or paying excess taxes. When speaking to potential real estate attorneys in any state, you can certainly ask questions. Some examples of reasonable questions would be:  

1-How long have you been practicing real estate law?  

2-Do you have experience with the same kinds of issues that the sale of my property would include?  

3-Do you only practice real estate law?  

4-How much would you charge to assist me with this property sale? Do you bill the flat fee or hourly?  

Feel free to speak with more than one real estate lawyer before making your decision. Any red flags should be listened to. For example, if the attorney seems rushed when speaking with you or misses your call, that might be a sign that they won’t have adequate time to spend on your sale. Another red flag would be any refusal to have a frank conversation regarding what you will be charged for their services. The sale of any property, not just your home, is a huge decision, and you have every right to thoroughly investigate prior to committing to anything. For more information on Real Estate laws in general read our article on recent changes to real estate law 2022.

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Questions To Ask Your Real Estate Lawyer Before Selling Your Home:

If this is your first time selling a home, there are many questions to ask and items to consider as you move forward. As a home seller, you have certain rights and powers, but you also have specific duties and disclosures required of a potential buyer. The individual facts and circumstances of each home sale can vary, but here are some questions that can be applied to a broad range of home sales without any unusual complications.  

1. Ask About Any Letter To A Home Seller

You will want to ask your real estate attorney to review any letter you receive from a potential buyer who is making an offer on your property. It’s typical for a potential buyer to send a letter if there is more than one buyer interested in purchasing your property, otherwise known as a bidding war. Of course, as a seller, this is music to your ears, but you want to be certain that any offer contained in the letter is something that leaves you in a good position after any purchase is completed. Ensure you include your real estate attorney in the review and evaluation of any letter to the home seller.  

2. Ask About Home Sales Capital Gains Tax

You should ask your real estate attorney if your property sale will be subject to a capital gains tax. The answer depends on whether the property is your primary residence or something else, like a vacation or investment property. The appreciation of your home will also play a part. An experienced real estate attorney will be able to tell you if there are tax considerations for the sale of your property will be and how to best maximize your return on the property sale.  

3. Ask About Seller Concessions

If you are considering making seller concessions or a potential buyer has asked for seller concessions, you need to explore the feasibility of any concession with your real estate attorney. Seller concessions are also called seller assists or seller contributions. Sometimes a seller concession is a great idea, and other times it can be harmful in the long run. The best rule of thumb is to discuss what you are willing to do and not willing to do with your real estate attorney before the situation even occurs. If a seller concession is requested by a potential buyer that has not yet been decided on between you and your real estate attorney, then you need to ask your real estate attorney about the potential long-term consequences of making the concession. Typically, a seller concession takes place when a potential buyer cannot afford all the costs involved in the home buying process. If you are in a buyer’s market and not a seller’s market, you may be forced to agree to a sale with contingencies (concessions) in order to unload the property.  

4. Ask How Much The Seller’s Closing Costs Are Before Making The Sale

Be certain you discuss closing costs with your real estate attorney. Closing costs are a group of expenses for the seller to consider when selling a home. A percentage of the home’s price is charged for transfer tax, and the rate varies with the state law. There is title insurance. Escrow costs and any changes that are made to the property in order to close the sale. Finally, it is not unusual for the seller to pay for both realtors’ costs if the parties use a real estate agent.  

5. Ask About Home Seller’s Disclosures

Most states require that a seller make a certain number or type of disclosures before a home sale is finalized. Different states can require a deadline for the seller to make certain disclosures in a report before finalizing the sale contract. A seller cannot escape making certain disclosures simply by stating that the property is being sold “as is.” Some common disclosures are if there was a death in the home, any hazards, neighborhood nuisance, water damage, and the presence of a homeowner’s association. Some states also offer “loopholes” where the seller agrees to pay a credit to the buyer. The best advice is to discuss your concerns about disclosures with your real estate attorney and disclose as much as they advise in order to avoid any problems with the buyer post-sale.    

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You need a lawyer. Whatever your legal issue, it is uniquely yours. You want a lawyer who can handle your problem as expertly, inexpensively, and as efficiently as possible. There are many qualities that make for successful attorney-client relationships, but what are they? What traits should you look for in the lawyer who would be best suited to assist you?

If you have a case, look for an attorney that possesses as many of the following qualities as possible:

1. EXPERIENCE

One of the most important things to look for in a potential attorney is experience – i.e. experience the lawyer and their law firm have in handling matters similar to those which you are facing. There can be no substitute for experience. Just as you would not necessarily trust an inexperienced mechanic with your vehicle, or an inexperienced caretaker for your children, you are more likely to trust an experienced lawyer – for good reason.

But how do you find a lawyer with the right experience for your issue? It starts with asking the right questions:

• How long has the attorney been practicing law?
• Have they handled cases in the area in which you find yourself seeking legal representation?
• How many similar cases have they handled?
• Are they familiar with the law that governs the issue facing you?
• Other areas of inquiry to consider:
• Did they obtain their legal education at a reputable, accredited and well-respected law school?
• Are they respected by their peers?
• Have they been asked to provide continuing legal education presentations for other lawyers?
• Have they been chosen by their peers to serve in leadership roles in various Bar activities and organizations?
• Does their firm have a deep bench of legal talent with a collection of lawyers, paralegals, and other support staff who are capable of handling the details of even the most complex aspects of your legal issues?

All of these questions should be researched and investigated before you choose a lawyer to represent you, no matter what the legal issue might be. Before you make a call to the loudest voice on television or the flashiest, most high-tech ad on the internet, look beyond the slick marketing and do your research about the real experience the lawyer and/or law firm you are considering has.

2. LEGAL FEES

One of the first things most people consider when they think about going to see a lawyer is “how much is this going to cost?” This is a great question and one you should ask your attorney before you hire them.

At Hare Wynn, we utilize a fee structure referred to as a “contingency fee arrangement.” This means that we only earn a fee if we succeed in making a monetary recovery for our client. Then, a percentage of that recovery becomes our fee. If for some reason we do not achieve a recovery, there is no fee for our time or out-of-pocket expenses.

Such contingency fee arrangements are not the norm in the legal world. Many firms charge hourly rates, which may differ depending on the experience or seniority of the lawyer handling the work. Some lawyers require their clients to pay up-front retainers before the lawyer will even begin to work on their case.

During your initial meeting with your lawyer, ask what their fee structure will be for your case. Ask them to put it in writing. If they are not willing to do that, walk away. There is no reason for you to be left guessing what your legal work may cost. Of course, in an hourly rate fee arrangement, you will also want to discuss how many hours might be involved in the work, how often you will be billed, and what detailed time accounting will be provided with their invoices.

As mentioned earlier, our firm generally does not require the client to pay the litigation costs. Make sure you know whether those costs will be your responsibility up-front, pay-as-you-go, or deducted from your recovery, if any. You also want to ask if you will be responsible for fees and costs, even if the case turns out not to go your way.

Don’t be bashful. Lawyers are sometimes as reluctant to discuss fees as you may be hesitant to bring the topic up in the first place. If your lawyer doesn’t break the ice on this topic, do it yourself. Both of you will be better prepared to move forward if you have the fee and expense arrangement ironed out during your first meeting.

3. COMMUNICATION

If you are like me, it is very frustrating to call someone, leave a message, and then never get a return call. It makes you wonder if you really just don’t matter to them.

A lawyer who doesn’t make an effort to get back in touch with their clients promptly is doing both the client and their law practice a disservice. While it is true that lawyers are often out of the office in court, taking depositions, or meeting with experts, you should expect that on those occasions, the lawyer’s staff should do all they can to address your needs.

At Hare Wynn, we find more and more that our communication with clients comes through e-mails and even texts. Regardless of the method of communication used, a prompt response time should be the norm, not the exception. When you hire your lawyer, discuss your preferred method of communicating with them. Discuss how often you should expect to hear from them. Often, cases take many months, and sometimes years, to bring to a conclusion. There will naturally be times when there may not be much news to discuss, but should you ever want an update on your case, simply say so.

When you do speak to your lawyer, do not be hesitant to ask questions, even if you need to write them down beforehand so you don’t forget what you wanted to ask. There is no “dumb” question. If you don’t understand something about your case or want anything at all explained, simply ask. A good lawyer will do their best to explain even the most complex concepts in an easy to understand manner.

When you enter into a lawyer-client relationship, there should be a special confidence that comes with any discussion you have with them. In virtually every case, the lawyer is duty-bound to protect the privacy of anything you talk about or share with them. While there are some exceptions, for the most part, the attorney-client “privilege” makes what you say to your lawyer a secret. Be honest with them. A lawyer can rarely help a client that does not provide accurate and complete information.

Whatever your situation, communicating with your attorney should be a normal part of the legal engagement. It is one of the most important parts of a successful outcome for anyone seeking legal advice.

4. AVAILABILITY

Availability means two things:

1. The attorney will be the one who actually represents you in your case
2. The attorney will be responsive at all times to you

It may be hard to believe, but many attorneys with larger firms – especially in the personal injury practice – don’t actually handle the cases themselves. They may be the advertising front-man, but in reality, one of their associates does most, if not all, of the work.

Further, an attorney should be responsive to you at all times, and keep up clear lines of two-way communication with you, their client. The relationship between an attorney and a client is an important one – crucial, even – when it comes to the success of your case. The more you communicate, the more successful the outcome will be.

No one wants an attorney who is distant, unapproachable, and unavailable. If you’re embroiled in a legal action, the last thing you want is to not be able to reach your lawyer should you need him or her. After all, you likely have concerns and worries. You’ll undoubtedly have questions, often many of them. All you want are answers – and reassurance from time to time that your case is in good hands.

What’s the difference between communication and availability? Lawyers can have good communication in that they keep you apprised of what’s happening with your case – but that doesn’t mean they’re available to handle your concerns and answer your questions. And it doesn’t mean they are giving your case the personal, hands-on attention it deserves.

A responsive attorney can tremendously reduce stress and worry. An unresponsive attorney will only compound those concerns until they consume you. Be careful when selecting your attorney, and try to find one who is not just dedicated to your case, but who is also dedicated to being available to you when you are in need.

5. HONEST ADVICE

It probably sounds like a bad joke, but believe it or not, honesty is something you can – and should – expect in an attorney, especially one who will be working for you.

When we talk about honesty, we’re referring to an attorney who will evaluate your case for its strengths, but will also be upfront with you about any potential issues they foresee. An exceptional attorney will give you their honest opinion of what they think about your case and a realistic estimate of your case’s timeline.

To explain this, we’ll offer a contrast: an attorney who gives you a guarantee. Guarantees aren’t worth the breath it takes to give them, and they’re usually the mark of an unscrupulous attorney – or, at the least, an attorney who is desperate for your business.

The truth is this: no attorney should ever guarantee an outcome. Instead, attorneys should give you a realistic picture of what is likely to happen based on the facts of the case and the attorney’s knowledge and experience. Note that even a very confident assessment is not the same as a guarantee.

Honesty is crucial to the success of your case from the very beginning. Otherwise, you can waste a lot of time and effort with your case, ending up with unmet expectations. For instance, right before the verdict or settlement conference is the wrong time for an attorney to finally give you their honest assessment of your case. They should be very direct in telling you not just how much money they think you can get (which is very difficult to predict for any attorney and shouldn’t be the focus of your relationship with your lawyer) but also your chances of finding success. And this should happen consistently throughout the process, even from the beginning.

At the end of the day, honesty is an underrated, essential part of any successful legal outcome. If we’re not honest with you, we’re not serving your best interests – only ours.

QUESTIONS? SHOW ME THE LAW IS HERE TO HELP.

We invite you to take a serious look at any attorney you are thinking about hiring for your case and making sure he or she fits all five of the characteristics above. You deserve nothing less than the best representation you can find. And you usually only get one shot with your case – so you better make it count.