LawyersMr. Marinello * Legal Studies

First, let’s kill all the lawyers -Shakespeare

• There are nearly 1,200,000 lawyers practicing today in America.

• Most lawyers don’t practice in court• The serve as advisors, negotiating settlements

or providing out-of-court legal assistance• A lawyer who practices in court is called a litigator

• The job of a lawyer is to do everything ethically possible to secure the acquittal of their client.

When do you need a lawyer?

• Most people think they only need to see an attorney if they are in trouble.

• Perhaps the best time would be before you get into trouble.

• Common situations needing a lawyer• Buying or selling a home• Organizing a business• Changing family status (divorce, adoption)• Making a will• Signing a large contract• Defending a criminal charge

How do we train lawyers?

• Being able to practice law requires an education• 4 years of high school• 4 years of higher education• 3 years of law school

• Law school varies state to state• Once you’ve graduated from law school you

must pass the state bar exam

Belly up to the Bar

• The association of lawyers in a state is called “the bar”• Comes from old English tradition of an actual

bar in the court separating the people from the court.

• Sample Question:

Sample QuestionNick consulted with his long-time attorney, Attorney, regarding his plan to open a restaurant and his desire to protect his personal assets in the event the restaurant failed. Attorney formed a limited liability company (LLC) on Nick’s behalf and represented LLC in negotiating a long-term lease and obtaining a liquor license. Nick asked Attorney if he would loan money to the venture. Attorney agreed to loan LLC the sum of $100,000. Nick asked Attorney to prepare the loan documents, and Attorney drafted an interest-bearing promissory note, which was secured by an assignment to Attorney of the restaurant’s lease. Attorney had Nick sign the note both personally and as the sole member of LLC.In preparation for the grand opening of the restaurant, Nick asked his cousin, Sam, who operates a nightclub, to purchase wine for the restaurant from Sam’s own liquor supplier. Nick told Sam to buy 25 cases of wine, but not to spend more than $100 per case. Without disclosing to Supplier that he was acting on behalf of LLC, Sam ordered 25 cases of wine at a cost of $200 per case to be delivered to the restaurant. Nick served the wine at the grand opening. When Supplier invoiced Sam for $5,000, Sam told Supplier that he should send the invoice to LLC. Supplier did so, but Nick refused to pay, stating that he did not authorize the purchase at $200 per case.

 Angry that neither Nick nor Sam would pay his bill, Supplier told his friend, Officer, a police detective, that Sam was a drug dealer. Officer commenced an investigation into Supplier’s tip by placing Sam under surveillance during which time he observed known drug users frequenting Sam’s residence. During the investigation, Officer was told by Informant, a confidential police informant, that he had been at Sam’s residence the previous day and had seen a large quantity of cocaine and several handguns in the kitchen. Informant, who had given Officer reliable information in the past, admitted to Officer that, while he was at Sam’s residence, he had purchased a small quantity of cocaine from Sam. Informant took Officer to the residence. Officer knew, based on his investigation, which Sam owned the residence and a car parked in the driveway.  Officer knocked on Sam’s front door. Officer saw Sam peer through a window adjacent to the door, and Officer displayed his police shield to him. After knocking again and hearing a commotion inside, Officer entered through the unlocked front door and found Sam in the kitchen attempting to climb out of a window. He observed several bags of cocaine and a handgun lying on the kitchen table. Officer apprehended Sam and placed him under arrest. Officer read Sam his rights and seized the cocaine and handgun as evidence. Sam was charged with criminal possession of a controlled substance and possession of an illegal firearm.  Sam filed a motion challenging his arrest without a warrant and seeking to suppress the evidence Officer seized. At the hearing on Sam’s motion, Officer testified that, based on his investigation and the information given to him by the confidential informant, he believed that Sam illegally possessed a controlled substance and firearms. Officer testified that Sam’s furtive conduct led him to believe that Sam was armed and that Sam was likely to destroy the contraband and escape if he was not immediately arrested

 1) Under the Rules of Professional Conduct, did Attorney act properly by entering into a business transaction with Nick?(2) (a) Is Sam liable to Supplier for the cost of the wine? (b) Is LLC liable to Supplier for the cost of the wine? (3) (a) Prior to going to Sam’s house, did Officer possess sufficient information to obtain an arrest warrant? (b) Was Officer’s warrantless arrest of Sam lawful and should the evidence be suppressed?

Is it worth it?

• Average salary for first year attorney $113,000

• Lawyers can easily make millions of dollars per year depending on the law they practice.

• Sam Bernstein has a net worth of almost a billion dollars.

Lawyers in Court

• In court lawyers serve two roles• Prosecution• Lawyers for:• Government• Companies or individuals bringing a suit

• Defense• Lawyers for people who are having a case

brought against them.

Lawyers in Court

• The role of the prosecution is to prove the case• Bring and prepare witnesses to support their

case• Remove doubts in the mind of a jury

• The role of the defense is to refute the other case• Innocent until proven guilty• The defense does not have to open their

mouth if they think the government can’t prove theirs.

Lawyers in Action

• https://www.youtube.com/watch?v=XZiplVINs0g

• Do you find one argument more persuasive than the other?

Ethics of Lawyers

• How important are an attorney’s ethics?• Would you find unethical conduct by a

lawyer any more or less disturbing than unethical behavior by another profession – say, an accountant or a teacher?

• Why should clients be able to count on their attorney’s to behave ethically?

• Why are the stakes so high in relationships between attorneys and clients?