Main 10 Things to Know About What Attorneys Do

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Main 10 Things to Know About What Attorneys Do
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Some Lawyers Never go to Court
While the TV shows make it seem as though
attorneys spend all day in court, it simply isnt
true of all attorneys. Some attorneys, called
transactional attorneys, never seen in court.
They work behind the scenes, writing deals and
perform related work. Attorneys who do real
estate closings normally do not go to court
either.
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Criminal Attorneys and civil Attorneys are
Different
Civil attorneys work in civil court, taking care
of claims for a plaintiff or a defendant.
Criminal attorneys, on the other hand, work in
criminal courts. Prosecutors bring charges
against individuals blamed of a crime, while
defense attorneys defend a person who the
government claims committed a crime. Changed the
rules of evidence apply in criminal and civil
courts, and different standards of proof apply.
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Attorneys usually have a Specialty Field
While there are some general practice attorneys,
most attorneys specialize in particular fields.
For example, DUI attorneys may handle only DUI
cases are primarily DUI cases, while divorce
attorneys deal with matters of marriage
dissolution and child custody.
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Some Attorneys Represent the Government only
Prosecutors work for the government and have to
abide by all laws restricting the government from
infringing on personal freedom, such as the
Fourth Amendments protection against illegal
searches.
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Some Attorneys Work for Large Firms
Law firms have become big business, and many
firms are Multinational Company comprised of many
offices and many different attorneys. These big
firms may have several different branches and
handle many different kinds of law.
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Attorneys have a Responsibility to keep your
Secrets
Both the law and the Model Instructions of
Professional Conduct identify attorney/client
privilege. This means attorneys not only cant
willingly share your secrets, but they usually
also cant share them even if they are called to
attest against you in a court of law.
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Attorneys have an ethical duty to put your
interests firsts
This is referred to as a fiduciary
responsibility. It means an attorney has to do
what is in your best interest, and not his or
hers. Various rules apply to ensure that
attorneys fulfill this duty. For example,
attorneys cannot get involved in business
contacts with clients to ensure that no conflicts
of interest arise.
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Attorneys must Represent you with a Reasonable
Standard of Care
They are judged on the basis of what a reasonable
attorney would do. If they fail in this duty, you
can sue them for malpractice. If they are
representing you in a criminal case and dont
behave competently, you may be able to get the
verdict overturned and get a new trial.
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Attorneys have a special Relationship with the
Court System
All attorneys are sworn in as officers of the
court after passing the bar. They thus must act
properly and comply with all codes of ethics.
Before even being allowed to take the bar exam,
attorneys generally have to undergo a moral
character or a moral fitness evaluation to ensure
they are worthy of becoming an attorney and an
officer of the court.
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Attorneys have to know the Laws in many Different
Fields
They are judged on the basis of what a reasonable
attorney would do. If they fail in this duty, you
can sue them for malpractice. If they are
representing you in a criminal case and dont
behave competently, you may be able to get the
verdict overturned and get a new trial.
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