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Christopher Columbus Langell
The advent of formal legal education & the Socratic Method: coneptualized law as a science-with a few essential principles: note the elemental use of syllogisms and deductive reasoning TERM 2
Socratic Method
DEFINITION 2 using appellate decisions as raw data, deduced specific principles: Professor asks questions--with little or no lecture Designed to Sharpen the Reasoning Skills Necessary to Understanding Law TERM 3
Modern Trends in Legal Study
DEFINITION 3 more exposure to practical experience; clinics, etc... TERM 4
Law School Curriculum
DEFINITION 4 the core vs. specialization; national v. local; theoretical v. practical TERM 5
Typical 1st Year Required Courses
DEFINITION 5 Contracts; Torts; Criminal Law; Civil Procedure; Property; Constitutional Law; Legal Research & Writing (many are sequenced)
Typical 2nd Year Required
Courses
Legal Profession/Responsibility; Evidence; Electives TERM 7
3rd Year Required Courses
DEFINITION 7 Mostly Electives; May concentrate in areas of interest or specialize TERM 8
Law School Accreditation & the role of the
American Bar Association
DEFINITION 8 Attending non-ABA approved school may impact opportunity to sit for Bar Exam TERM 9
Licensing & Regulation of Attorneys-States
Control
DEFINITION 9 Most law schools require bachelors degree as pre-requ for admission (4 years +/-). First law degree is Juris Doctor or J.D. [3 years, +/-; combined total of 7 years] TERM 10
Post- J.D. Degrees
DEFINITION 10 Several: LL.M. b Master of Laws J.M. b Juris Master M.C.L. b Master of Comparative Law M.J. b Master of Jurisprudence S.J.D. b Doctor of Judicial Science J.S.D. b Doctor of Jurisprudence D.C.L. b Doctor of Comparative Law
Attorneys and the Canons of Ethics
Code of Professional Repsonsibility TERM 17
Continuing Legal Education
DEFINITION 17 Many--if not most--states have annual C.L.E. Requirements:Continuing Legal Education (CLE) is a requirement for attorneys in the United States to maintain their ability to practice law after initial admission to the bar. TERM 18
General Function of Attorneys
DEFINITION 18 Gatekeepers: screen or determine or influence who gets into system TERM 19
Attorneys Further Clients Interests in several
ways
DEFINITION 19 Litigating- going on trial (bulk of cases not here) Representing- lobby or participate in administrative process Negotiating- work out differences Securing-providing security through a variety of documents, such as wills, deeds Counseling- helping clients find favorable cause of action TERM 20
Two atmospheres of Legal Profession relative
to Private Practice
DEFINITION 20
- Some lawyers represent large organizations, such as corporations 2) Other lawyers represent individuals or small business
Observations and Variations Relative to the
Private Practice of Law
Private Practice continues to be dominant, but is shrinking somewhat Trend seems to be away from solo practice toward firms or professional associations--more cost efficient, etc. in cooperative environment--by may lose some control Law firms tend to be getting bigger, esp. in larger cities Many large law firms lobby for clients; have branch offices in Washing D.C. TERM 22
Law Firms Generally Have Partners &
Associates
DEFINITION 22 Partners own the firm; fund the firm; make most decisions; earn the most profits Associates; sharpen legal skills; long hours; less choice of type of cases--generally must make partner within specified time (7 years) or go. TERM 23
Law Firms and the Finders, Grinders, and
Minders Concept
DEFINITION 23 Finders: older members usually-who attract clients. Grinders: younger associates who do much of the work. Minders: older members who manage firm and take care of existing clients. TERM 24
Other Law Firm Personnel
DEFINITION 24 Law Clerks, office managers, clerical workers, legal assistants TERM 25
Attorneys and Lines of Specialization
DEFINITION 25 Litigation v. non-litigators; specialize by type fo legal issue; specialize by type of client
Bates v. State Bar of Arizona
(1977) The Supreme Court held that truthful advertising of the availability and price of routine legal services amounted to commercial free speech, protected by the 1st Amend. So, the blanket ban on advertising is unconstitutional--{Advertising the quality of legal services somewhat unresolved, especially in light of the bar's continued prohibition of most solicitation of clients] TERM 32
The Emergence of Legal Clinics
DEFINITION 32 Heavy Advertising, with frequent use of celebrities Heavy volume of more or less routine cases, such as will and divorces. Some are nationwide, with hundreds of lawyers Offices are very accessible, often located in such places as shopping malls. Oten, the prices are lower than traditional firms. TERM 33
Legal Services for the
Poor
DEFINITION 33 Criminal Cases: Public defender; court appointed; contract basis Civil Cases: National Legal Services Corporation-federal grants to state/local programs Miscellaneous other federal, state, private resources Pro bono work by private attorneys.
