Officers of the Court: Lawyers
Officers of the Court: Lawyers 3060-01
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This 3 page Class Notes was uploaded by Shannon Lee on Thursday February 25, 2016. The Class Notes belongs to 3060-01 at North Carolina Central University taught by Dr. Cadwallader in Winter 2016. Since its upload, it has received 26 views. For similar materials see Ethics and Diversity in criminal justice in Criminology and Criminal Justice at North Carolina Central University.
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Date Created: 02/25/16
Officers of the Court: Lawyers Introduction Governed by standards of professional responsibility often referred to as ethics rules National and state codes provide guidance regarding appropriate conduct for lawyers o Developed by American Bar Association (ABA) Responsibility of a Zealous Advocate Zealous advocate: a lawyer who advocates for their client to the extent permitted by law and the rules for a lawyer Basic ethical responsibilities for lawyers: o Competence o Diligence o Communication Duty of Competence o Requires lawyers to be knowledgeable and informed when giving advice and in their actual representation of the client Some lawyers elect to specialize in a certain area or areas o If a lawyer is not competent to take the case, the lawyer either: Work with another lawyer who is competent in that area Decline the case and refer the client to another lawyer Take the case only if the lawyer is able to become competent in that particular area Duty of Diligence o Requires lawyers to take the appropriate and timely strips to advance the legal interests of their client o Requires a lawyer to avoid procrastination, unnecessary delay and lapses in attention to the case o Responsibility to follow the case to its conclusion Duty to Communicate o Required to communicate with their clients to ensure that the client has information regarding the status of his or her case Confidentiality Applies to any and all information which “relates to the representation” Not limited by the duration of the representation o Once the cast is over, information must still remain confidential A lawyer’s Responsibility Conflict of interest o “Undivided loyalty” o Client v client, 3 party interests o Representing multiple clients in single action Lawyers as witness o Not allowed unless: Uncontested issues Nature and value of legal services Disqualification would cause hardship Representing Clients in Criminal Court Candor (honest) with the court Obstruction of access to evidence or falsify evidence File frivolous motions Interfere with witnesses Criminal Court Ineffective assistance of counsel o Mere fact of presence is not sufficient 2 o Deficient performance by counsel and performance actually prejudiced the defendant Trial publicity o Ethic rules commonly restrict the amount of commentary made by lawyers Lawyers as Authors o “A lawyer shall not make an agreement giving the lawyer literally or media rights to a portrayal base on information relating to the representation” o Agreements between the client and lawyer may be negotiated following the conclusion of the representation Cost of Local Representation o Can be very expensive o Charge fees for their service o Types of fees Hourly fee Contingency fee Flat fee o Hourly fee A set amount per hour o Contingency fee Percentage of the amount of damages which are ultimately awarded in the clients legal matter Usually range from 30% to 50% of the recovery o Flat fee A certain sum which the lawyer establishes establishes as his or her fee for a certain type of case Uncontested divorce, $99 3
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