Feb 11, 2022 · The line between "legal advice" and "legal information" is often blurry. As a general matter, only a lawyer may give actual legal advice, whereas any non-lawyer may recite legal information.Furthermore, it is generally illegal for a non-lawyer or unlicensed attorney to offer legal advice or otherwise represent someone other than themself in court.
question of law. n. an issue arising in a lawsuit or criminal prosecution which only relates to determination of what the law is, how it is applied to the facts in the case, and other purely legal points in contention. All "questions of law" arising before, during, and sometimes after a trial are to be determined solely by the judge and not by ...
Apr 09, 2015 · Ask them. Lawyers should be as good at answering questions as they are at asking them. If a lawyer rushes you or makes you feel that your questions are naïve, you may need to keep looking. Taking the time to ask questions at the beginning will give you a much better chance of having a solid and successful attorney-client relationship.
The clerk's office is often called a court's central nervous system. Collateral . Property that is promised as security for the satisfaction of a debt. Common law . The legal system that originated in England and is now in use in the United States, which relies on the articulation of legal principles in a historical succession of judicial ...
Examination, Direct Examination, Examination-in-chief: The questions which the lawyer asks his own client or witnesses called by him.
examination. n. 1) the questioning of a witness by an attorney. Direct examination is interrogation by the attorney who called the witness, and cross-examination is questioning by the opposing attorney.
Oral arguments are spoken presentations to a judge or appellate court by a lawyer (or parties when representing themselves) of the legal reasons why they should prevail.
Specialized terminology refers to words that are specific to the legal profession. Some specialized terms originated within the legal system for the purpose of conveying meanings specific to law.
1 : release or discharge from debt or other liability. 2 : a setting free or deliverance from the charge of an offense by verdict of a jury, judgment of a court, or other legal process — see also implied acquittal, judgment of acquittal at judgment sense 1a — compare conviction.
In law, sub judice, Latin for "under a judge", means that a particular case or matter is under trial or being considered by a judge or court.
Direct examination is interrogation by the attorney who called the witness, and cross-examination is questioning by the opposing attorney.
Brother/Sister: When speaking to the court, attorneys often refer to opposing counsel as “My Brother” or “My Sister”. The attorneys are not related, they use this reference because they are looked upon as brethren in the law. Burden of Proof: The duty to prove disputed facts.
​Submissions are either oral (spoken) or written statements presented to the decision-maker for consideration. Your submissions are the arguments that support your case.
Legal instrument is a legal term of art that is used for any formally executed written document that can be formally attributed to its author, records and formally expresses a legally enforceable act, process, or contractual duty, obligation, or right, and therefore evidences that act, process, or agreement.
argot, cant, dialect, idiom, jargon, language, lexicon, lingo, patois, vernacular, vocabulary.
Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations.
True legal advice forms an agreement between an attorney and his or her client based on a particular legal matter the client is experiencing. In a nutshell, legal advice has the following characteristics: Requires legal knowledge, skill, education and judgment. Applies specific law to a particular set of circumstances.
Legal information obtained from free online legal websites, including a law firm or attorney's own website. Advice from friends, family members, or former clients of a lawyer. Information you hear on the radio. Information you read on social media websites. Information you see in news periodicals or on billboards.
What Legal Advice is Not. While legal advice is specific, direct, and proposes a course of action, legal information, on the other hand, is factual, generic, and does not address any one particular cause of action. To help avoid the confusion that often comes with legal information, websites and individuals will often go to great lengths ...
As a general matter, only a lawyer may give actual legal advice, whereas any non-lawyer may recite legal information. Furthermore, it is generally illegal for a non-lawyer or unlicensed attorney to offer legal advice or otherwise represent someone other than himself or herself in a court of law. Unlike legal information, legal advice refers to ...
Question of Law. An issue that is within the province of the judge, as opposed to the jury, because it involves the application or interpretation of legal principles or statutes. At any stage in a proceeding, before or during trial, a judge may have to determine whether to let a jury decide a particular issue.
A question of law involves the interpretation of principles that are potentially applicable to other cases. In contrast, a question of fact requires an interpretation of circumstances surrounding the case at hand. Resolving questions of fact is the chief function of the jury. Resolving questions of law is a chief function of the judge.
Resolving questions of law is a chief function of the judge. If the pleadings and initial evidence in a case show that there are no factual disputes between the parties, a court may grant Summary Judgment to a party. Summary judgment is a final judgment in the case made by the court before trial. A court may grant summary judgment in a case ...
A mixed question occurs when the facts surrounding the case are admitted and the rule of the applicable law is undisputed;
A mixed question occurs when the facts surrounding the case are admitted and the rule of the applicable law is undisputed; the issue then is whether the Rule of Law was correctly applied to the established facts. In a criminal case, for example, assume that a trial court, over the objection of the defendant, allows the prosecution ...
Summary judgment is a final judgment in the case made by the court before trial. A court may grant summary judgment in a case that contains no factual disputes because such a case presents only a question, or questions, of law, so the fact-finding function of the jury is not needed.
If the lawyer’s representation of prior or existing clients would limit the attorney’s ability to represent you, there is likely a conflict. For example, if you want to sue a hospital that the potential lawyer regularly represents, there would be a conflict. A conflict might also arise if the attorney you are interviewing has already been hired by ...
Getting a lawyer with the right legal background is essential, but it is also important to know whether your attorney has experience with the judges who will likely preside over your case. If yours is a criminal matter, it is important to know if your lawyer knows the local prosecutors. This courtroom experience can greatly enhance your lawyer’s ability to evaluate the likely outcomes in your case and give you advice that you can rely on.
Choosing the right lawyer is a very important decision—whether you were in a car accident, have a medical malpractice claim, or find yourself the target of a criminal investigation. Referrals from friends or co-workers can be great, but you need to do your homework to make sure you have the right attorney for the job.
You should feel comfortable from the beginning of your attorney-client relationship that you will be able to have regular communications with your counsel. Make sure that you exchange contact information and agree on the ways that you will stay in touch.
Your lawyer can often save you money by delegating routine tasks to firm employees who charge a lower hourly rate. However, your lawyer should be involved in all key aspects and decisions of your case, or should explain to you why a colleague can handle some important part of the matter just as well.
In civil cases, your lawyer might propose mediation , a settlement negotiation process involving a neutral third-party. Other times, arbitration might be an option. Arbitration— using a private service to adjudicate a dispute—is a less formal, less costly, and faster way of getting a decision in some civil matters.
In cases where you are suing for monetary damages, the lawyer may represent you for a “contingency fee.”. This means the attorney gets paid a portion (typically one-third) of the amount you receive after a successful trial or settlement. Make sure you discuss expenses as well as attorney fees.
Equitable. Pertaining to civil suits in "equity" rather than in "law.". In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy (see damages). A separate court of "equity" could order someone to do something or to cease to do something (e.g., injunction).
Adversary proceeding. A lawsuit arising in or related to a bankruptcy case that begins by filing a complaint with the court, that is , a "trial" that takes place within the context of a bankruptcy case. Affidavit. A written or printed statement made under oath.
Acquittal. A jury verdict that a criminal defendant is not guilty, or the finding of a judge that the evidence is insufficient to support a conviction. Active judge. A judge in the full-time service of the court. Compare to senior judge.
The legal system that originated in England and is now in use in the United States, which relies on the articulation of legal principles in a historical succession of judicial decisions. Common law principles can be changed by legislation. Community service.
Administrative Office of the United States Courts (AO) The federal agency responsible for collecting court statistics, administering the federal courts' budget, and performing many other administrative and programmatic functions, under the direction and supervision of the Judicial Conference of the United States.
Affidavit. A written or printed statement made under oath. Affirmed. In the practice of the court of appeals, it means that the court of appeals has concluded that the lower court decision is correct and will stand as rendered by the lower court.
Amicus curiae. Latin for "friend of the court.". It is advice formally offered to the court in a brief filed by an entity interested in, but not a party to, the case. Answer. The formal written statement by a defendant in a civil case that responds to a complaint, articulating the grounds for defense. Appeal.
Free Legal Answers is a virtual legal advice clinic. Qualifying users post their civil legal question to their state's website. Lawyers provide information and basic legal advice without any expectation of long-term representation. The website increases access to advice and information about non-criminal legal matters for those who cannot afford ...
LSC President Jim Sandman, ABA President Judy Perry Martinez, ABA Free Legal Answers founder Buck Lewis, and Chair of the Standing Committee on Pro Bono and Public Service David Bienvenu discuss the value of the site and the ease of volunteering.
The best thing you can do when asking your lawyer-client interview questions during your initial consultation is just listen. This is the time when the client should be doing most of the talking. Follow client communication best practices and try to avoid cutting them off or filling in pauses.
Once you’ve reviewed the client’s file, prepare your questions for the client, and take some time to anticipate questions that the client may have for you. We’ll discuss more on what answers (for clients) lawyers should prep for before the interview below.
Conduct a thoughtful pre-screen and conflict check 1 Pre-screen: Before you book the interview, have a set pre-screening process. Ask for basic information (for example, via an intake questionnaire) to help you decide if the client may (or may not) be a fit for your firm. You can make this process simpler for the client by using an online intake forms tool, like Clio Grow. 2 Conflict check: You’ll also want to do a conflict check before proceeding to ensure there are no conflicts of interest or other reasons that will prevent you from working with someone. Here again, an online intake tool can make this easier for you and the client. Clio Grow, for example, can be part of a robust conflict check process.
The client interview is part of your overall client intake process, so it’s important to track it for efficiency and ensure that no potential clients get missed. If you’re using online client intake software, you can easily track and see a potential client’s status in stages (for example, “needs a follow up”).
You may deal with the law every day, but pursuing a legal issue can be stressful, draining, and even scary for potential clients. With this in mind, do your best to be emotionally sensitive and make them feel as at ease as possible.
Especially if you’ve taken the time to thoroughly prepare for the interview, there’s nothing worse than a no-show. While some no-shows are unavoidable, often a simple confirmation email and a reminder can ensure your potential client makes the meeting.
An important question to ask a lawyer is what the strategy for your case will be and the outcome the lawyer expects. You’ll want to get details on what kind of procedures to expect. Ask how long it will take for the entire case to be resolved. Discuss the legal strategies that will be used. Find out if your attorney will attempt to settle and if mediation or arbitration are options. Think about the answers and if you are comfortable with them. Maybe you want to avoid a trial at all costs but your attorney really wants to just go to trial, or perhaps you have no intention of settling and want your day in court. It is important that your lawyer’s strategy lines up with your needs.
Meeting with a lawyer for an initial consultation is generally not a chance to ask legal questions that are in depth, but is instead an opportunity to get a sense as to whether this lawyer is the right one to handle your case. Use this meeting to help you decide which lawyer will be the best one for your case.
Most lawyers offer a free consultation so that you have a chance to determine if he or she is the right person for you. Going to the first meeting with some simple questions can help you ensure you find the right person for the legal help you need. You will not get much legal advice at this consult since it is not meant to resolve your legal ...
Meeting with a small business attorney is an important way to get your business off to a good start and minimize future risks. Here are questions to ask at your first meeting.
These questions help a hiring partner get to know you a little more by understanding your passions, interests and how you may fit into the firm's culture:
These questions help an interviewer understand how your education and previous experience translate to the role:
An interviewer may ask these questions to get to know how you build a relationship with clients and navigate court issues. These questions also give you a chance to explain your processes and display the parts of your personality that make you the right candidate for the role.
Review these sample interview questions and answers to form your own responses:
Here are some interview tips to consider so you can present yourself well to the hiring partner:
The initial communication between a prospective client and a law firm is usually over the phone, handled by a receptionist. As a result, it is important that firm's receptionist be professional and courteous at all times. Maintaining professionalism can sometimes be a challenge, however, especially for receptionists who answer a high volume ...
It is very important for you to listen closely to a caller and identify her needs and to provide the requested information to her in a clear and concise way. Each caller is seeking assistance in obtaining needed information or finding the right person with whom to speak.
Maintaining professionalism can sometimes be a challenge, however, especially for receptionists who answer a high volume of calls on a daily basis. But there are certain principles that you should always follow when answering calls at a law office.