A lawyer and an attorney is exactly the same thing, which means that theyâre synonyms for the same legal professional. We in South Africa, refer to lawyers and attorneys, whereas in the USA, for example, they refer to councilors.
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The solicitor will help the barrister prepare for the case outside of the court. So, in short, while we use the terms lawyer and attorney interchangeably in the United States, they donât exactly have the same meaning. Lawyers have studied, trained, and may or may not be licensed to practice law, but theyâre not necessarily actively doing so.
May 05, 2014 ¡ Bob says: May 7, 2014 at 10:47 am. There is no doubt that the entire eco-system of attorneys, business analysts, psychiatrists, counselors, mediators, and consultants involved in our divorce were in collusion. There was no mistake that after the well had run dry that the attorneys settled for the exact amount owed.
There are 3 reasons that people delay calling a lawyer for help: They think they don't need to and will be able to resolve it without doing so. They are embarrassed and are very reluctant to tell a stranger about their problem. They are afraid of the cost, including a possible consultation fee. Let's address each issue in turn.
Law-firm with just one lawyer or called solo attorneys. A sole practitioner or solo practitioner is a professional, such as a lawyer or an architect, who practices independently. For instance a sole practitioner's law firm may include non-lawyer support personnel but âŚ
This means that a lawyer cannot represent two clients who are on opposite sides in the same or related lawsuits. And, ordinarily, there can be no representation of a client whose interests would conflict with the lawyerâs interests.
Short answer is Yes. However, it is almost always inadvisable to do so. Two people can waive any and all conflicts and, thus, retain one lawyer to represent them. They also have the right to negotiate any fee they want.Nov 21, 2017
Yes, there is nothing prohibiting an individual from retaining a single attorney to represent him in two different matters.
As a general rule, give your lawyer 1-2 days to return your non-urgent phone call; very often, your lawyer may be out of the office for a half-day, whole day, or longer if he/she is in court.Feb 21, 2021
Legal malpractice is when an attorney makes a grievous error in handling a case. Lawyers are held to a general standard and codes of ethical and professional conduct.Mar 14, 2020
Typically in a civil lawsuit, it can cost $1,500-$5,000 to initiate an action and have a lawyer deliver a Statement of Claim. Responding to the opposing side's documents and conducting examinations for discovery will likely involve another $3,500-$5,000.
Conflict waivers serve as a memorialization or proof that a client has given informed consent for a lawyer to handle a legal matter despite a âdisqualifying conflict of interest.â
There's bad news your attorney doesn't want to deliver. If your attorney is not experienced or efficient, they may have missed a deadline or made another mistake and aren't willing to confess their error. There could also be some bad news that is entirely outside of the attorney's control.Mar 29, 2021
This is how the practice of law is supposed to work. So often when a lawyer does not return your call for a few days it may simply mean your lawyer is busy getting some important work done in your case or in another client's case. There is nothing going on with your case.May 9, 2018
Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...
The rules of legal ethics in most states require attorneys to be honest and to be able to do their job at a certain level of competence. If you feel that your legal representative has lied or misled you, or is performing their duties at a level below that of a competent attorney, you may want to file a lawsuit.May 8, 2020
Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.
The attorney does not return phone calls in a reasonable amount of time, and; In a meeting with the client, if the lawyer is being very short, taking phone calls, trying to re-schedule, not giving enough time to the client, does not listen, ignores what is asked or is not answering questions.Nov 28, 2015
In the end, the most important thing is keeping parents and children safe, and maintaining the economic viability of parents. These all involve human and civil rights. What despairs me, is that the judiciary is far too willing to rule in favor of men in appeals, and not take cases of mothers and children.
If you do decide to appeal the decisions of the family court, the Supreme Court, no less, will very likely uphold and support the malfeasance of the family court because the antics of the lower court personnel mirror those of the Supreme Court. I bet the family court personnel have recognized this and are busy minting.
Like federal scrip, you can create debt by articulating an argument on paper. That is what statutory law is, the creation of debt. On average if the paperwork is not a valid contract it is simply at best a billable script called attorney âwork productâ. know the difference, an attorney is a processor of statutory law.
If an attorney manages to liase many or all all your issues, then you have already lost, especially if they have told you not to talk to the spouse and they have served their purpose by fait accompli. If it comes down to money, you have lost, that is the level of basic understanding marriage has become for males.
The gal did not investigate any of the leads I gave him. The magistrate had a stay for seven months. And the clerk of courts refused to send out the subpoenas. The clerk of courts told my attorneyâs staff they were to short of staff to fax the subpoenas over my attorneyâs office the day before the trial.
And your are right, the judges dont know the laws and/or the Florida Statutes, so no one should take for granted that they do. But the reality is,,they dont know them because they dont have to know them, because they just fly by the seat of their pants and there is no one to check them.
The Social Security Disability system can be a particularly complex system in which to navigate. An attorney who specializes in Social Security Disability issues can help you with any step in the Social Security Disability process, including assisting you with eligibility issues, launching an appeal of a decision to deny you benefits and dealing with the reduction or termination of your benefits.
A corporate lawyer will be able to help you with issues related to the formation of your corporation, general corporate governance issues and corporate compliance issues.
The estate planning lawyer specializes in wills and trusts, and can help you to draw up a will to pass on your assets. Among other estate planning legal services, this type of lawyer can help you set up a trust which will help take care of your childrenâs financial needs.
If youâve been injured while on the job, or have had to face the death of a loved one as a result of a workplace accident or occupational disease, a lawyer who specializes in workers compensation law can help you navigate the issues you face, such as the extent of the employerâs fault and the amount of benefits to which you are entitled.
Also known as an IP attorney, an intellectual property lawyer can advise you with regard to issues relating to intellectual property, such as copyrights, trademarks, patents, industrial design and trade secrets.
Employment Lawyer. Whether youâre a company thatâs having a problem with an employee, or an individual whoâs having problems with the company you work for, an employment lawyer can generally provide advice about legal issues which arise from an employment contract or within an employment relationship.
The legal field is vast and complex, and youâll find that many lawyers specialize in a particular area of law. If you find yourself in need of a lawyer, make sure they have the expertise to handle your unique situation. Because there are so many different types of lawyers, you'll want to match your legal concern with the appropriate attorney.
While I agree that advice on a regular basis can be a service warranting fees, it shouldn't cost you something just to find out your options. That is why I don't charge for an initial consultation so there is literally no reason not to seek my advice or any attorney who has the same practice.
All consultations with an attorney are confidential. Embarrassment and reluctance are understandable, but should be easily overcome by the right professional who treats clients the way he wants to be treated. Lawyers are similar to doctors in that they diagnose the problem and help find the cure. Just as there is not always a medical cure, maybe the same is true for your legal problem. But you would never avoid speaking to a doctor if your physical health was in question. Well, your financial health is also important and, on many occasions, can directly effect your physical health. I have had numerous clients be on the bring of nervous breakdowns before coming to me for help and ending up with peace of mind that allowed them to live happy and productive lives.
After 1873 law and equity were dealt with in the same court and at the same time; today the principles of equity are simply one part of âthe lawâ, in its broad and generally understood usage. Attorneys and solicitors all became solicitors. The governmentâs principal law officer is still called the Attorney General.
After 1873 law and equity were dealt with in the same court and at the same time; today the principles of equity are simply one part of âthe lawâ, in its broad and generally unde. Continue Reading. âLawyerâ is a generic term for people who practise the law.
A lawyer can practice in another state on a case by case basis. A lawyer can apply to be admitted pro hac vice to represent a client in another state in which she is not a member of that stateâs Bar under certain circumstances. It is not very difficult to do this.
Not saying a lawyer specialised in Patent Law wonât be doing justice to your case, but itâs always better to hire a lawyer who âs specialised in the field of tax law because of his years of experience in that field, in that way a lawyer would be doing justice to his profession, as well as his client.
It is generally a felony to practice law without a license. A lawyer in one state is not a lawyer in other states. He cannot give legal advice in states in which he is not admitted. Thank you for asking.
It cannot be a partnership or LLP which require more than one person (or entity) as âpartnersâ. It could be a sole proprietorship, but that would often be stupid (both in the practice of law or any business in general) â unlimited personal liability for the owner. Note that this is the s. Continue Reading.
Unnecessary delays can often damage a case. If, because of overwork or any other reason, a lawyer is unable to spend the required time and energy on a case , the lawyer should refuse from the beginning to take the case. A lawyer must be able to communicate effectively with a client.
If you believe you have a valid complaint about how your lawyer has handled your case, inform the organization that governs law licenses in your state. Usually this is the disciplinary board of the highest court in your state. In some states, the state bar association is responsible for disciplining lawyers.
How a lawyer should act, in both professional and private life, is controlled by the rules of professional conduct in the state or states in which he or she is licensed to practice. These rules are usually administered by the stateâs highest court through its disciplinary board.
In a lawyer-client relationship, acting responsibly involves duties on both sidesâand often involves some hard work. You have a right to expect competent representation from your lawyer. However, every case has at least two sides. If you are unhappy with your lawyer, it is important to determine the reasons.
Communication. A lawyer must be able to communicate effectively with a client. When a client asks for an explanation, the lawyer must provide it within a reasonable time. A lawyer must inform a client about changes in a case caused by time and circumstances. Fees.
If your lawyer is unwilling to address your complaints, consider taking your legal affairs to another lawyer. You can decide whom to hire (and fire) as your lawyer. However, remember that when you fire a lawyer, you may be charged a reasonable amount for the work already done.
A lack of communication causes many problems. If your lawyer appears to have acted improperly, or did not do something that you think he or she should have done, talk with your lawyer about it. You may be satisfied once you understand the circumstances better. I have tried to discuss my complaints with my lawyer.
Choosing a lawyer is a crucial step in the resolution of your legal matter. Whether you are a plaintiff or a defendant, or merely a party looking for counsel, the right lawyer is key. But like all relationships, the lawyer-client relationship does not always last forever. Common problems that clients report with attorneys include: 1 Poor results. The lawyer is simply not achieving the results you were led to believe he or she could achieve. 2 Bad communication. The lawyer is not communicating about crucial legal matters and decisions, leaving you uncertain of where your matter is or what's expected of you. 3 Lack of professionalism. The lawyer perhaps arrives late to meetings, doesn't remember key facts about the case, cannot find documents already provided by the client, and even forgets to submit documents by key deadlines.
Judges in particular might become annoyed at a client who is "lawyer shopping," because this delays the matter and clogs their dockets. It also suggests that you are a difficult client, or that your claims are not meritorious.
Bad communication. The lawyer is not communicating about crucial legal matters and decisions, leaving you uncertain of where your matter is or what's expected of you. Lack of professionalism.
Choosing a lawyer is a crucial step in the resolution of your legal matter. Whether you are a plaintiff or a defendant, or merely a party looking for counsel, the right lawyer is key. But like all relationships, the lawyer-client relationship does not always last forever.
One important thing to realize is that, even though you hired the services of a professional, you are still ultimately responsible for your own legal affairs, and for what your lawyer says and does on your behalf. If you believe there is a problem with the service you are receiving, it may be vital to your interests to do something about it.
. . . like all relationships, the lawyer-client relationship does not always last forever.
Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons. plaintiff - The person who files the complaint in a civil lawsuit. plea - In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges in open court.
bail - Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
A. acquittal - Judgment that a criminal defendant has not been proven guilty beyond a reasonable doubt. affidavit - A written statement of facts confirmed by the oath of the party making it. Affidavits must be notarized or administered by an officer of the court with such authority.
To make such a request is "to appeal" or "to take an appeal.". Both the plaintiff and the defendant can appeal, and the party doing so is called the appellant. Appeals can be made for a variety of reasons including improper procedure and asking the court to change its interpretation of the law.
appellate - About appeals; an appellate court has the power to review the judgment of another lower court or tribunal. arraignment - A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
charge to the jury - The judge's instructions to the jury concerning the law that applies to the facts of the case on trial. chief judge - The judge who has primary responsibility for the administration of a court. The chief judge also decides cases, and the choice of chief judges is determined by seniority.
circumstantial evidence - All evidence that is not direct evidence (such as eyewitness testimony). clerk of court - An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
Your lawyerâs actions can have a substantial negative impact on your case, especially if they cross the line into unethical or illegal behavior. You may want to win your case, but if your attorney is breaking the law or lying to help you do so, then you are both at risk of serious consequences. Unprofessional or unethical behavior can include: 1 Arriving late or failing to show up for important meetings, or missing court dates 2 Making decisions of importance about your case without discussing it with you first 3 Missing filing deadlines, filing paperwork incorrectly or filing the wrong paperwork with the court 4 Refusing to return your calls or messages within a reasonable timeframe 5 Knowing there is a conflict of interest in your case, but proceeding despite the ethical problem
If your attorney is coming off like a used car salesman, be wary. You want an attorney who will fight for the best possible outcome, but the best of attorneys know they can never promise a positive outcome. You deserve an attorney who is honest with you, even if the truth hurts.
If you are battling for the custody of your childrenâs custody or struggling because you are not receiving child support, you need an attorney who will keep you apprised of every step of the process. If you continuously struggle to contact your lawyer, and they often do not return phone calls and messages , it is a bad sign.
Unprofessional or unethical behavior can include: Arriving late or failing to show up for important meetings, or missing court dates. Making decisions of importance about your case without discussing it with you first. Missing filing deadlines, filing paperwork incorrectly or filing the wrong paperwork with the court.
Your lawyerâs actions can have a substantial negative impact on your case, especially if they cross the line into unethical or illegal behavior. You may want to win your case, but if your attorney is breaking the law or lying to help you do so, then you are both at risk of serious consequences.
In the legal arena, attorneys start at the bottom and work their way up. If there is a lack of professional respect for your attorney, whether it is former clients, in the courtroom, or with their peers, it should be a red flag.
Most of the time, finding a lawyer means there is a significant stressor in your life. Making important decisions like which attorney to use, while already under stress, can seem impossible. Hopefully, this guide will make the process somewhat less daunting.