Main 10 Things to Know About What

Attorneys Do

While the TV shows make it seem as though attorneys spend all day in court, it simply isn’t 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.

Some Lawyers Never go to Court

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.

Criminal Attorneys and civil Attorneys are Different

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.

Attorneys usually have a Specialty Field

Prosecutors work for the government and have to abide by all laws restricting the government from infringing on personal freedom, such as the Fourth Amendment’s protection against illegal searches.

Some Attorneys Represent the Government only

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.

Some Attorneys Work for Large Firms

Both the law and the Model Instructions of Professional Conduct identify “attorney/client privilege.” This

means attorneys not only can’t willingly share your secrets, but they usually also can’t share them even if they

are called to attest against you in a court of law.

Attorneys have a Responsibility to keep your Secrets

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.

Attorneys have an ethical duty to put your interest’s firsts

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 don’t behave competently, you may

be able to get the verdict overturned and get a new trial.

Attorneys must Represent you with a Reasonable Standard of Care

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.

Attorneys have a special Relationship with the Court System

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 don’t behave competently, you may be able

to get the verdict overturned and get a new trial.

Attorneys have to know the Laws in many Different Fields