Roles1. Attorney
- depending on circumstances / needs of client
- counselor / negotiator / litigator
- involved in factual investigations
a. Counselor
- advise client how to order affairs
- whether to proceed with a course of action
- how to proceed with pending litigation or
settlement
Rolesb. Negotiator
- opposing counsel / favorable resolution
- both civil / criminal matters
(1) Negotiates with opposing counsel
- attempts to get best resolution
(2) Client rights
- retains right to accept / reject
- settlement negotiated / offered by opposing party
Rolesc. Litigator
- pre-trial motions / pick jury - present evidence - witnesses / documents / etc - opening through closing statements
(1) Trial attorney- used for criminal matters- used for civil matters
(2) Specialize in certain area of law
Rolesd. Fact investigator
- investigation of relevant facts- locating / interviewing witnesses
(1) Zealous advocate- advocate on client’s behalf- avoid conflicts of interest
(2) Officer of the court- deal fairly / honestly- also with others
Roles(3) Ethical rules apply
- issues conflict between client and ` court
- favor role as advocate of client
e. Prosecutor
- representative of the court
- working for the state
-present case against accused
Roles(1) Review evidence
- from police / defense- make recommendations
(2) Interview- police / witnesses- file the case
(3) Court process- pre-trial motions- opening through closing statements
Rolesf. Public defender
- representative of the court- working for the state
(1) Legal representation- financially disadvantaged
(2) Reviews reports- interviews witnesses- directs clients actions
(3) Court process
Roles- pre-trial motions- opening through closing
statements
2. Judge- final arbiter of law (trier of law)- charged with duty to state what the law is
a. Trial - passive / referee role - makes evidentiary rulings - inform jury how law is to be applied - maintains order in courtroom
Roles(1) When parties agree
- “trier of fact”- bench trial
(2) Federal judges- appointed by president- “advice and consent” of senate
(3) State judges- Washington state- elected / appointed
Roles3. Jury
- group of local citizens- fact-finder
a. Receive instructions from judge - assess facts - according to law - return verdict
4. Witnesses- professional / lay- have some evidence to present
Roles5. Attorney-Client relationship
a. Law touches every aspect of life - cradle to grave - hospitals where born / schools
attended - personal / professional relationships - security of funds / medical technology - funeral services
b. Law enables us to protect ourselves - by bringing into court
Roles- the individual / school district / corporation / or government agency- that injured us / failed to prevent injuries
c. Legal system controls all we do- developed by / functions for / controlled by lawyers
(1) Most influential throughout history- 25 of 56: signed Declaration- 31 of 55: Constitutional Convention
Rolesd. Held in distaste
- by early colonists
(1) After Revolutionary War- needed to legitimize a new America
(2) Massachusetts colony (1740)- 1740: 15 lawyers (1 per 10,000)- 1840: 640 lawyers (1 per 1,000)
(3) To become a lawyer:
Roles- 2 to 3 years as apprentice- ½ hour oral examination
e. Development of law schools- late 19th century: private law schools- replaced apprenticeships
(1) 1878: American Bar Association- more professional- stringent standards- better educated
Roles(2) From “for profit” business = universities
- undergraduate degree in law
(a) Harvard’s Law Department - entrance exam for 1 yr. program- 1871: from 1 year to 2 years- 1895: 2 years to 3 years- early 1900s: graduate program
(b) Law school students:- male / Anglo-Saxon / protestant
Roles- difficult for Irish / Italian / Jews - doors shut / bolted to women
(c) Women excluded from state bar- until 1870- 1960: only 3% women lawyers
( 3) 1873: woman challenged Illinois bar - denied access- appealed to US Supreme Court- white / male / protestant
Roles- response of court:
“The paramount destiny and mission of women are to fill the noble and benign offices of wife and mother. This is the law of the creator.”
(a) Slow process
- 1923 women admitted
(b) Obstacles
- Columbia University: 1927
- Harvard: 1950
Rolesf. Sandra Day O’Connor
- Stanford, 1952
- high grades
- difficulty finding work
g. Ruth Bader Ginsburg
- Columbia, 1959
- tied for first place in class
- no offer from major NYC law firm
(1) Women and law school
- over half are law school students today
Roles(2) Most dramatic change in legal
profession- growth
(a) 1960: 286,000 lawyers
(b) 1987: 690,000 lawyers
(c) 1996: 911,000 lawyers
(d) Today: 1.1 million- 1 per 300 population
Roles6. Who can practice law?
- must be licensed / member of state bar
a. Education
- 4-year degree
- any major (prefer political science / law and
justice / criminal justice / business)
(1) LSAT
- law school admissions test
- state test
Roles(2) Law schools look at:
- degree / grades / LSAT- school activities- community activities- college attended
b. Specialization- first year: general law course work- second / third years: specialize
c. State bar exam