lawyer speak when covering all bases for defense

What should I ask my defense counsel during my interview?

Your defense counsel is obliged to explain the strategy for your case, and you should not be afraid to ask about this, either. But don't be surprised if what your attorney sees as important to your defense is different from what you think. Do answer truthfully. Answer your lawyer’s questions honestly.

What does a military lawyer do?

Military Lawyers are part of the Judge Advocate General Corps (JAG). JAGs can offer help in legal and non-legal matters like contract law, immigration law, divorce, wills, notary services, etc.

What does the Department of Defense do?

The Department of Defense is America's largest government agency. Our mission is to provide the military forces needed to deter war and ensure our nation's security.

Is your public defender on Your Side?

It’s a mistake to automatically suspect your public defender as someone not fully on your side. Public defenders are normally passionate about the cause of criminal justice and would never betray their ethical obligations to clients. Do follow your lawyer’s lead.

What does the Defense Base Act cover?

The Defense Base Act provides disability, medical, and death benefits to covered employees injured or killed in the course of employment, whether or not the injury or death occurred during work hours.

What does on a contingency basis mean?

A contingency basis is an agreement between you and your lawyer which states that he or she will work on your claim at no cost until financial compensation is recovered on your behalf.

Can a lawyer defend both sides?

The California Rules generally permit a lawyer to represent multiple clients with conflicting interests so long as all the clients have provided their informed written consent.

Do you tell your defense attorney the truth?

It's almost always advisable to tell your lawyer the whole truth about your case, even if you've committed a crime. Giving your lawyer all the facts helps them craft the best defense by raising reasonable doubt. Even when a client admits guilt, there are usually many mitigating circumstances that can come into play.

What two types of cases Cannot be taken on a contingency basis?

Under ABA Model Rule 1.5(d), contingency fees are not allowed for the following cases:Divorce cases in which the fee is contingent on the securing of a divorce or the amount of alimoney, support, or property settlement to be obtained. ... Criminal cases.

What is a 20% contingency?

Phase Contingency This contingency is normally calculated as a percentage. If the phase is 100 days of effort, contingency at 20% would be another 20 days. As the project progresses, the level of risk reduces as the requirements and issues become known, so the percentage will be reduced.

What are the four responsibilities of lawyers?

It describes the sources and broad definitions of lawyers' four responsibilities: duties to clients and stakeholders; duties to the legal system; duties to one's own institution; and duties to the broader society.

What are lawyers not allowed to do?

“An Advocate shall not solicit work or advertise, either directly or indirectly, whether by circulars, advertisements, touts, personal communications, interview not warranted by personal relations, furnishing or inspiring newspaper comments or procuring his photograph to be published in connection with cases in which ...

How do lawyers communicate with their clients?

Successful Client Communications During meetings with any type of client, listen carefully, ask questions, and take notes. Outside of meetings, stay top-of-mind and be helpful and proactive by sending updates on the work, as well as news or legal developments relevant to the client, their matter, and their industry.

How do you spot a liar in court?

First of all, liars have difficulty maintaining eye contact with the person asking the questions. If the witness looks up at the ceiling while thinking of an answer, or looks down at the floor, they are liying every time. When a witness covers his mouth with his hand, he is about to lie.

What if a lawyer knows his client is lying?

(3) offer evidence that the lawyer knows to be false. If a lawyer, the lawyer's client, or a witness called by the lawyer, has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal.

Do defense lawyers lie for their clients?

There are standards in place to keep lawyers honest: they cannot lie if they do know information pertaining to their client's legal guilt, and they also cannot offer evidence they know is false. But attorney-client privilege does protect communication between attorneys and clients.

Who is entitled to legal assistance?

Generally, legal assistance is provided to the following groups: All active duty military (including members of a reserve component), Reservists released from active duty, after serving 30 days or more, Retirees. Dependents. Federal civilian employees and their dependents are also entitled to legal assistance in certain circumstances.

What is a JAG in the military?

Legal assistance is provided based upon available resources and personnel. Military Lawyers are part of the Judge Advocate General Corps (JAG). JAGs can offer help in legal and non-legal matters like contract law, immigration law, ...

Why do lawyers send monthly bills?

Some clients may also request that a lawyer send them monthly bills, so they can account for how much time and resources the lawyer is spending on their case.

What happens to the lawyer's cut if the opposing party appeals the trial court's decision?

Additionally, if the opposing party appeals the trial court’s decision, then the lawyer’s cut may be even higher since they will need to perform more work on the case, which can last until the court issues a final decision.

What happens if a contingency lawyer loses a lawsuit?

In other words, if a contingency lawyer loses the lawsuit, the client will not have to pay them for their work. There are some exceptions, however, such as if a client and lawyer choose to enter into an agreement that specifies otherwise or when a client has to pay some court costs like filing fees.

Why do clients inquire about contingency fees?

The main reason that a client may want to inquire about these fee structures is because the client will not be required to pay a lawyer who works on a contingency fee basis until the case is over and only if the contingency lawyer can win their case. In other words, if a contingency lawyer loses the lawsuit, the client will not have to pay them ...

How do lawyers determine their hourly rate?

A lawyer can determine their hourly billing rate by using some of the factors discussed in the above sections. However, a billing rate should primarily be based on an estimate of how much work the lawyer thinks they will need to do on the case.

What is contingency lawyer?

What is a Contingency Lawyer? Lawyers and law firms may opt to bill their clients in a number of different ways. For instance, they can charge a flat rate for a specific matter or bill at a set hourly rate for work completed on a case. They may also use a fee structure known as a “contingency fee arrangement.”.

Can I get a lawyer without a contingency fee?

Similar to personal injury lawsuits, employment discrimination cases are usually brought by persons who may be entitled to damages, but cannot afford the cost of a lawyer without a contingency fee arrangement. In addition, some other types of cases where a lawyer may agree to work for a contingency fee may include:

What happens when an attorney fails to use the skill and care normally expected of a competent attorney?

It happens when your attorney fails to use the skill and care normally expected of a competent attorney. For example, you might have grounds for a negligence suit if your lawyer missed an important deadline, failed to prepare for trial, or failed to follow court orders. Breach of contract. Breach of contract occurs when a lawyer violates ...

Who presides over arbitration?

A neutral third party presides over the arbitration, receives evidence from both sides, and makes a decision about what fees are owed. If none of these options would help your situation, you should consult with a lawyer about whether you have a legal malpractice case.

What is a breach of fiduciary duty?

Breach of fiduciary duty. Lawyers owe certain fiduciary duties to their clients, such as the duty of loyalty and duty of confidentiality. Your lawyer must act in your best interests and must keep your communications confidential.

What are the three types of lawsuits against lawyers?

Lawsuits against lawyers usually fall under three categories: negligence, breach of contract, and breach of fiduciary duty . Negligence. Negligence is the most common grounds for a malpractice lawsuit. It happens when your attorney fails to use the skill and care normally expected of a competent attorney. For example, you might have grounds ...

What is a breach of contract?

Breach of contract. Breach of contract occurs when a lawyer violates a specific term of the lawyer’s agreement with a client. For example, if your contract says that your lawyer will create a corporation for you by a certain date, the lawyer must stick to that agreement. Breach of fiduciary duty. Lawyers owe certain fiduciary duties ...

What happens if your lawyer doesn't listen to you?

If your lawyer isn’t communicating with you or listening to your wishes, this might get his or her attention. In some cases, the board might order the lawyer to compensate you for a clear financial loss —for example, if your lawyer took fund from your client account.

Is it malpractice to be a lawyer?

However, it’s not malpractice unless your lawyer fell below the standard of care. The third element is perhaps the most difficult to prove. It’s not enough that your lawyer breached his or her duty.

How to resolve a disagreement with a lawyer?

The first step to resolving these disputes is communication . If there is a disagreement, clients and attorneys should first seek to discuss it and try to reach a mutually agreeable solution. Often, small disagreements balloon merely because both the attorney and the client avoided talking to the other out of fear.

What are the biggest concerns when hiring a lawyer?

Attorney fees and costs are one of the biggest concerns when hiring legal representation. Understanding how attorneys charge and determining what a good rate is can be confusing.

Why do lawyers need to put contracts in writing?

A written contract prevents misunderstandings because the client has a chance to review what the attorney believes to be their agreement.

What factors determine if a lawyer's fees are reasonable?

Factors considered in determining whether the fees are reasonable include: The attorney’s experience and education; The typical attorney fee in the area for the same services; The complexity of the case; The attorney’s reputation; The type of fee arrangement – whether it is fixed or contingent;

What happens if a trust account dips?

The agreement may provide that if the amount in the trust account dips below a certain amount, the client must replenish it by putting more funds into the account. If there is money from the retainer fee remaining at the end of the representation, the attorney is required to refund that amount to the client.

How often do attorneys bill?

Attorneys usually bill in 1/10 th of an hour increments, meaning you will be charged 1/10 th of the hourly rate for every 6 minutes the attorney spends on your case. The most common billing frequency is monthly, however, some attorneys will send bills more frequently, others less frequently.

Why do attorneys charge different fees?

Some attorneys charge different amounts for different types of work, billing higher rates for more complex work and lower rates for easier tasks .

Which states have restrictions on assault weapons?

Still, a handful of states and local governments—including California, New Jersey, and New York —have their own prohibitions or restrictions on assault weapons that have withstood court challenges. And although the Heller Court ruled out blanket bans on handguns, many states regulate handguns by requiring permits to buy them.

What to do if you believe a law infringes on your Second Amendment rights?

If you believe that a local law or regulation infringes on your Second Amendment rights as a gun owner, you might want to speak with a civil rights attorney about your options for challenging the restriction.

Why was Heller's law unconstitutional?

The Supreme Court said that the law involved in Heller was unconstitutional because it essentially banned all handguns —the most popular type of gun Americans choose for “the core lawful purpose of self-defense.”.

What are the restrictions on gun ownership?

Restrictions on Some Gun Owners. Federal law outlaws the possession of firearms or ammunition by several categories of people, including: people who’ve been committed to a psychiatric institution or labeled mentally ill under a court ruling. former military members who had a dishonorable discharge.

What to do if you are charged with a gun?

And if you’ve been charged with a crime related to owning, carrying, or using a gun, you should strongly consider consulting with a criminal defense lawyer. The circumstances in each case are unique, and the laws vary in different states and localities.

Where are guns prohibited?

These “sensitive places” include schools, government buildings and courtrooms, public transit facilities, airports, and polling stations.

Do you need a concealed carry permit?

Most states require a concealed-carry permit, but the conditions vary a lot from state to state. The strictest laws allow authorities to deny a permit when the applicant doesn’t have a good moral character or a good reason for carrying a gun in public.