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Functions and Roles of Attorneys: A Comprehensive Overview, Quizzes of Political Science

University of North Georgia (UNG)Political Science

An in-depth exploration of the various functions and roles of attorneys, including gatekeeping, litigating, representing, negotiating, securing, counseling, and the 'two hemispheres' of private practice. It also covers observations and variations in private practice, law firm structure, and access to legal services.

Typology: Quizzes

2009/2010

Uploaded on 06/15/2010

kris-mcnally
kris-mcnally 🇺🇸

6 documents

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TERM 1
General Functions of Attorneys: Gatekeepers
DEFINITION 1
Screen or determine or influence who gets into the system
TERM 2
General Functions of Attorneys: Litigating
DEFINITION 2
Going to trial [bulk of cases not here]
TERM 3
General Functions of Attorneys: Representing
DEFINITION 3
Lobby or participate in administrative process
TERM 4
General Functions of Attorneys: Negotiating
DEFINITION 4
Work out differences
TERM 5
General Functions of Attorneys: Securing
DEFINITION 5
Providing security through a variety of documents such as
wills, deeds, etc.
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General Functions of Attorneys: Gatekeepers

Screen or determine or influence who gets into the system

TERM 2

General Functions of Attorneys: Litigating

DEFINITION 2

Going to trial [bulk of cases not here]

TERM 3

General Functions of Attorneys: Representing

DEFINITION 3

Lobby or participate in administrative process

TERM 4

General Functions of Attorneys: Negotiating

DEFINITION 4

Work out differences

TERM 5

General Functions of Attorneys: Securing

DEFINITION 5

Providing security through a variety of documents such as

wills, deeds, etc.

General Functions of Attorneys: Counseling

Helping clients find favorable causes of action

TERM 7

"Two hemispheres" of the Legal Profession

Relative to Private Practice

DEFINITION 7

1. Representing large organizations and corporations 2.

Representing individuals and small businesses

TERM 8

Observations/Variations Relative to Private

Practice of Law

DEFINITION 8

Private Practice continues to dominate but is somewhat shrinking;

trend seems to be away from solo practice and more towards firms

or professional associations; More cost efficient in cooperative

environment but may lose some control; Larger cities have bigger

firms; Many firms lobby for clients; Branch offices in D.C.;

Generally have partners & associates

TERM 9

Law Firm Partner

DEFINITION 9

Partners own and fund the firm; They make most decisions

and earn most of the profits

TERM 10

Law Firm Associates

DEFINITION 10

Associates sharpen legal skills and have long hours; less

choice of type of case; Generally must make partner within a

specific time (7 years) or leave.

Attorneys and Lines of Specialization

Litigators v. non-litigators; specialize by type of legal issue;

specialize by type of client

TERM 17

Access to Legal Services: Why not a

Lawyer?

DEFINITION 17

1. Want to avoid conflict. 2. Don't know how to find. 3. They

are expensive

TERM 18

Access to Legal Services: Financial

Arrangements 1)Flat Fee 2)Contingent Fee

3)Pre-paid Legal Insurance

DEFINITION 18

1)Flat fee: one-time fee for whatever case, plus anything else

2)Contingent Fee: If we win... Mostly injuries or med-

malpractice; Type of case generates the fee 3)Pre-paid Legal

Insurance: Paid premium that will cover legal expenses,

usually not covering certain laws

TERM 19

Minimum Fee Schedules

DEFINITION 19

They once had a set fee by state bar associations. Goldfarb v.

Virginia State Bar challenged it as a violation of Sherman Antitrust

Act which prohibited fixed prices. Bar associations argued it was a

learned profession exemption to the act but Supreme Court ruled

that practicing law constituted a business in interstate commerce

and minimum fee schedules was price-fixing.

TERM 20

Advertising by Lawyers

DEFINITION 20

Bar Associations prohibited advertising by lawyers. Supreme

Court ruled in Bates v. State Bar of Arizona that advertising

availability and price of routine legal services was free

speech, so ban on advertising was unconstitutional.

Court Cases you need to know: 1)Goldfarb v.

Virginia State Bar 2)Bates v. State Bar of

Arizona

1) Supreme Court ruling that minimum fee scheduling was

violation of Sherman Antitrust Act because it was price fixing.

2) Supreme Court ruling that prohibited advertising by

lawyers was violation of Freedom of Speech Clause

TERM 22

Emergence of Legal Clinics

DEFINITION 22

Heavy Advertising with use of celebs; Heavy volume of more

or less routine cases such as wills and divorces; Some are

nationwide; Offices are accessible, located in shopping malls;

Prices usually lower than traditional firms

TERM 23

Legal Services for Poor: Criminal

Cases

DEFINITION 23

Public defender, court appointed; contract basis Civil Cases: