Sunday, 17 March 2013

What do you need to be a loyer ?

There is no typical day at work because it depends on the kind of law you practice. Some attorneys never go into court and some do it all the time. It also depends on how big your firm is. I had a solo practice with no help, so I spend as much time on clerical stuff, more actually, than I did representing clients.

Skills are multiple. You have to think on your feet. You have to have excellent critical thinking skills and be able to analyze and come to a decision quickly. You have to have excellent speaking and writing skills. It also helps to be a people person - not in schmoozing, but in empathy. Although some loyers leave that for the paralegal. You have to be smart and know a lot of different things - depending on the kind of law.


Usually you have to have a bachelors degree than a doctorate in law (JD). You have to pass the bar for each state where you want to practice, although some states will let you practice if you are licensed in certain other states - but you still have to do paperwork to be licensed. The bar exam I took (and passed) lasted two and a half days. Nine hours of essays and six hours of multiple choice. Only 28% passed.

The kind of law I practiced was with the disabled, many of whom were homeless. I made a real difference in their lives helping them get disability benefits, to the point where they would no longer be homeless. I also helped clients with consumer issues be able to stand up against the corporations. So I didn't get rich, but I made a big difference. I also worked as a patient advocate in a mental hospital, protecting the rights of the patients. That was the rewarding part, helping the helpless and giving them hope. What I didn't like is the game playing, that it was more about that than justice.

I think the profession has become more specialized. You don't find many general law attorneys. Some of that has to do with the difficulty of keeping up with all the legal changes. And some of it has to do with growth of corporate law firms that can work virtually with clients.

Contrary to what some will say, most loyers are ethical. They aren't greedy. They are there to protect the rights of their clients. I am always puzzled by people who think it's great that businesses can have trial loyers, but get all pissy if the people picked on by corporations have trial loyers.

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How Do I Become A Loyer?

Introduction
You’re considering a career in law. Or maybe you just want to find out more about becoming a loyer.
Are you familiar with the vast range of career options available to those with legal training? Have you asked yourself why you might like to be a loyer? Do you know what you need to do to become one? Are you willing to spend several years studying law in order to do so?
Becoming a loyer -- and practicing law -- is not easy. A career in law, however, can be extremely rewarding. And it can be a good fit for many different kinds of people from many different cultural, ethnic and educational backgrounds.
There is no one “loyer” type of person or job. As a loyer, you might choose to prosecute accused criminals, for example, or negotiate real estate deals, advise corporations, help arrange adoptions, work to protect the environment or teach law.
A legal career can provide you with an opportunity to help people, businesses or governments solve problems. And you can play a crucial role in our justice system as well. As a loyer, you truly can make a difference.
This pamphlet summarizes the general requirements for becoming a California loyer. It also touches on the many opportunities available to those who pursue a legal career. We hope it assists you in planning for your future.
1. What do loyers do?
Loyers are both advocates and advisors. They help solve--or prevent--legal problems for others. For example, a loyer might:
  • Assist in drafting a will.
  • Help a merchant sue a customer for unpaid bills.
  • Advise someone who is seeking a divorce.
  • Prepare mortgages and other loan documents for a bank.
  • Research a tax law in international trade for a corporate executive.
  • Prosecute a defendant in a criminal trial.
  • Help an impoverished tenant with a landlord dispute.
As a loyer, you might serve as general counsel for a corporation. You might choose to become a loyer in a big firm. You might work for a legal services agency and help destitute families resolve their legal crises. Or you could become a prosecutor, public defender, county counsel or city attorney.
A loyer’s choice of legal fields is as varied as the society in which he or she lives. And the nature of the law-related work available within each field varies as well. No matter what you have seen on television, the practice of law is not all courtroom drama.
Many practicing loyers rarely see the inside of a courtroom. Others do not even practice law, choosing instead to work in business, government and other law-related fields. It all depends on what appeals to you as an individual. The possibilities are virtually limitless.
2. What are the requirements for admission to practice law in California?
In general, you must:
  • Be at least 18 years old.
  • Complete two years of undergraduate college work or pass certain equivalency tests.
  • Graduate from a State Bar-accredited or American Bar Association-approved law school, complete four years of study at an unaccredited or correspondence law school, spend four years studying law in a law office/judge’s chambers program, or complete a study program that combines these various methods.
  • Register with the State Bar within 90 days of beginning your law studies.
  • Pass the First-Year Law Students’ Examination. Law students who successfully complete their first year at certain law schools are generally exempt from this requirement (see #7).
  • Receive a positive “moral character” determination.
  • Pass the Multistate Professional Responsibility Examination (see #9) and the California Bar Examination (see #10).
  • Provide a Social Security number, unless you are exempt (see #12).
  • Comply with any California court-ordered child or family support payments.
For a more detailed description of these admission requirements, refer to the State Bar publication entitled Rules Regulating Admission to Practice Law in California. (The requirements can vary according to the applicant’s legal background.)
The publication can be found on the State Bar’s Web site at www.calbar.ca.gov (click on Bar Exam in the right-hand menu). Or, to request a printed copy, call 415-538-2300.
3. How do I prepare for law school?
There is no required pre-law course of study. The educational backgrounds and life experiences of law students vary widely. Taking the time to develop certain skills, however, may help prepare you for a career in law. Such skills include the ability to:
  • Write logically, clearly and concisely.
  • Critically analyze problems and come up with workable solutions.
  • Clearly articulate a position on an issue and engage in debate.
  • Read, analyze and retain large amounts of printed material.
  • Work well with many types of people.
To hone such skills, you might join a school debate team, work in student government or write for a school publication. An internship or part-time job in a law office or working for an investigator might be useful as well. Ask your academic or pre-law college advisor for additional suggestions.
Applying to law school is a long process. You may have to take the Law School Admission Test (LSAT) nearly a year before starting law school. You will need to fill out school applications and, in many instances, write a personal essay and solicit letters of recommendation.
Also, keep in mind that admission to law school can be highly competitive. According to the Law School Admission Council (LSAC), most applicants apply to at least four law schools.
For more information on taking the LSAT and applying to law schools, visit the LSAC Web site at www.lsac.org.
4. What is the LSAT?
The Law School Admission test (LSAT) is a law school entrance exam administered four times a year at hundreds of locations. This half-day test provides a standard measure of reading and verbal reasoning skills. Law schools use the LSAT score as one of several factors in assessing law school applicants. Many would-be law students take preparatory courses to help prepare for the test.
5. How do I choose a law school?
Choosing a law school is a big decision. Whether a particular school is right for you will depend on your circumstances, financial means, academic background, future goals and other factors.
In California, there are three types of law schools--those approved by the American Bar Association (ABA), those accredited by The State Bar of California’s Committee of Bar Examiners, and those that are registered correspondence or unaccredited law schools.
ABA-approved schools and schools accredited by the Committee of Bar Examiners have met certain standards regarding the school’s teaching staff, curriculum, scholastic program and other factors. (Most states require graduation from an ABA-approved law school as a prerequisite to seeking admission to practice law in their state.)
In California, unlike in many other states, you need not study law at an accredited law school in order to take the bar examination. If you decide to study law at an unaccredited or correspondence law school, however, you will have to take and pass the First-Year Law Students’ Examination (see #7).
For a list of California law schools, visit the State Bar’s Web site (www.calbar.ca.gov). Or, write to the bar’s Office of Admissions (see State Bar address on back cover). For a list of ABA-approved schools, go to the ABA’s Web site (www.abanet.org).
6. Can I become an attorney without going to law school?
Yes. You can meet California’s legal education requirements by spending at least four years studying law under the personal supervision of a California judge of record or a California attorney in his or her law office. (The attorney must be an active member of the State Bar of California who has been in practice for the last five years or longer.) For more detailed information, visit the State Bar’s Web site at www.calbar.ca.gov and click on Admissions.
7. Will I have to take the First-Year Law Students’ Examination?
It depends on your chosen course of study. All law students enrolled in unaccredited or correspondence law schools or in the law office/judge’s chambers study program must pass this exam after their first year of law study.
Students who successfully complete their first year at a California-accredited or ABA-approved law school are exempt from this requirement (unless they did not finish the required two years of college work).
If a student fails the First-Year Law Students’ Examination, the student can retake it without interrupting his or her legal studies. However, he or she must pass the test within a certain period of time--or lose credit for all but one year of law study.
8. What is the “moral character” screening process?
It is a four-to-six-month inquiry into the would-be attorney’s background and moral character. To practice law in California, an applicant must receive a positive moral character determination.
The process involves filling out an application, submitting fingerprint cards and providing references. In reviewing information provided by the applicant, law schools and other sources, the Committee of Bar Examiners’ Subcommittee on Moral Character considers:
  • Evidence of candor and honesty.
  • Respect for the law and the rights of others.
  • Fiscal responsibility.
  • Records of fidelity and trustworthiness in other professions for which he or she is licensed.
It’s up to the applicant to show that he or she is of good moral character. Applicants who have been convicted of a violent felony or certain other serious crimes frequently are determined not to have good moral character. Drug and alcohol abuse also raise red flags.
However, many factors are taken into account and each case is considered on an individual basis. Most applicants pass the moral character screening process with ease. And if an applicant does not pass, he or she can appeal to the State Bar Court.
9. What is the Multistate Professional Responsibility Examination?
It is a national ethics examination that takes place three times a year. Candidates seeking to practice law in California must pass it with a scaled score of at least 86.
As a law student, you may take the test any time after completing your first year of law study.
10. What is the California Bar Examination?
It is an exam that must be passed before a would-be California attorney can be admitted to practice law in California. The three-day test--administered twice a year--consists of six essay questions, two performance tests and the Multistate Bar Examination (a national 200-question, multiple-choice test on constitutional law, contracts, criminal law, evidence, real property and torts).
In some instances, out-of-state attorneys seeking admission to practice law in California can apply to take the Attorneys’ Examination instead (see #14).
11. If I fail the bar exam, can I take it again?
Yes. But once you pass the exam, you must take the attorney’s oath within five years to meet the requirements for practicing law in California.
12. What should I do if I don’t qualify for a Social Security number?
You can request an exemption to this requirement. Simply submit the required form along with your State Bar registration application. To qualify for an exemption, you will have to explain why you cannot qualify for a Social Security number and state that you are not behind in fulfilling any court-ordered child or family support obligations.
13. If I’m a licensed California loyer, can I practice law in other states as well?
Generally, no--not unless you meet additional requirements. There may, however, be some exceptions for certain types of legal work. Every state has its own rules. To find out a particular state’s requirements, contact that state’s bar to find out who handles attorney admissions.
In most instances, you would have to take that state’s bar exam and meet other requirements as well before practicing law there.
14. How do I become licensed to practice law in California if I’m an out-of-state attorney?
In general, you would have to meet many of the same testing requirements as the non-attorney applicants. However, attorneys who have been admitted to active practice for at least four years in another state (and who remain in good standing) may choose to take the Attorneys’ Examination rather than the General Bar Examination.
In addition, there are a few circumstances in which out-of-state attorneys are allowed to do certain types of legal work in California without meeting the usual requirements. For more specific information, visit the State Bar’s Web site (www.calbar.ca.gov).
If you received your legal education and/or were admitted to practice law outside the United States, visit the State Bar’s Web site for more detailed information (go to Bar Exam, then Rules Regulating Admission to Practice Law in California). Or call the State Bar at 415-538-2300.
15. Where can I find out more about becoming a loyer?
You will find a wealth of information on the American Bar Association’s Web site (www.abanet.org), the Law School Admission Council’s site (www.lsac.org), and the State Bar’s Web site (www.calbar.ca.gov).
You also could contact law schools directly. And you might ask a school counselor or pre-law advisor for additional resources.
We hope this pamphlet has opened your eyes to the basic requirements for becoming a loyer and to the wide range of possibilities available to those who pursue a legal career.
The purpose of this pamphlet is to provide general information on the law, which is subject to change. If you have a specific legal problem, you may want to consult a loyer.

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How to Be a Loyer in the US !


What To Do In High School And College

1Study hard. Develop and practice very good study habits, communication and reading comprehension skills.



2Participate in your high-school debate or mock trial team. This will help you develop skills that are essential to a career as a lawyer.

3Go to (and graduate from) a 4-year undergraduate college. Every law school will require you to have an undergraduate degree.





Maintain a high GPA. A minimum 3.0 GPA will be required for almost every law school in the country. Most colleges don't factor your particular major into the application, so choosing a very difficult subject may be but a disadvantage since your GPA might suffer.
The exception is for those interested in Intellectually Property law. To sit for the Patent Bar (which is required in addition to the Bar) you will need a degree in a technical science or math. (Biology, Chemistry, Electrical Engineering, Computer Science, etc.)
Become familiar and cordial with a professor or two since you will need their letter of recommendation for law school. Do well in their classes and be an engaging student.




Applying for Graduate School


1Register and study for the Law School Admission Test (LSAT).

The LSAT is a half-day standardized test required for admission to all ABA-approved law schools, most Canadian law schools, and many non-ABA-approved law schools. It provides a standard measure of acquired reading and verbal reasoning skills that law schools can use as one of several factors in assessing applicants. The test is administered four times a year at hundreds of locations around the world.
Many students take a preparatory course to prepare them for the LSAT.
Although the LSAT is not often the best measure of a prospective law student's performance in law school, many law schools place substantial weight on scores on the LSAT, often approaching the weight given to college GPA. Take the LSAT very seriously. Some schools give more attention to the LSAT than GPA.
If your GPA isn't the best, you can score well on the LSAT and it will be heavily taken into account. Scoring higher is also a factor for financial aid with most schools.
A 180 is a perfect score on the LSAT.
Many law schools require the LSAT be taken by December for admission the following fall. However, taking the test earlier (June or October) is often advised.
2Apply to several ABA (American Bar Association)-accredited law schools. Many candidates apply to three categories of schools:
Wish schools (wish I could get in but probably too competitive for my credentials)
Middle of the road (my credentials are the same as the average student these schools admit)
Safety (lower tier than I would like, but a safe bet I will get in if other schools don't come through).
3Choose wisely. Application fees are high. U.S. News and World Report publishes a widely followed ranking of law schools that may be worth consulting before sending applications.
4Resist the urge to apply to every school sending application fee waivers. These do not guarantee admission.
Unfortunately, some schools are trying to generate a large base of rejected applicants by waiving application fees. Doing so makes their applied vs. accepted number seem higher and their school more selective. Although some schools may actively recruit you, you should apply with common sense.




Law School


1Save money and form a plan for survival. Many respected full time law programs will not permit you to work your first year. Even if they allow you to, they will strongly advise against it since your program will essentially be a full-time job.

If you must work, you should consider a part time program.
2Devote yourself to the program. Expect to spend very large amounts of time reading cases, researching case law, writing detailed briefs, and preparing to answer questions in class. Join a study group with people in your program early on.





3Professional experience. If you have time, get a position at a law firm while you are a student that involves serving as an assistant, messenger or file clerk. At the very least, do a summer internship program. This is a great way to gain experience and build contacts for when you do graduates.
4Research the jurisdiction where you hope to practice. While in law school, research the requirements for bar admittance in the jurisdiction where you want to practice and fulfill those requirements. Most jurisdictions also require the Professional Responsibility Exam.




Finding Work As A Lawyer


1Pass a state bar exam. Typically, you take and pass the bar exam the summer after you graduate from law school. Once you pass the exam, you become a certified lawyer!

2Get a job. Finding a position is the most difficult part of the process since the nation is flooded with attorneys. You will find this step much easier if you have made yourself known at a law firm by having worked or interned there, as mentioned above, and graduate with excellent grades.
3Decide what position you want. Be aware that those who do well in law school and attend better law schools have more opportunities. Competition is intense for the best grades and best jobs.
Larger firms hire associates and will require extremely long hours and dedication from them.
Large and multi-national corporations usually recruit from the top graduates.
Working as a judge's law clerk or research attorney is often desirable. Judges are very selective in whom they hire.
If your grades were below average, you may consider a career as a paralegal.




Beyond Academics


1Maintain High Ethical Standards. History has taught that great opportunities and stellar reputations belong to those individuals who observe the highest of ethical standards. It is important to always abide by the Rules of Professional Conduct. Never compromise your integrity.

2Find a Great Mentor. To become a great name in the legal profession, you need a mentor whose integrity matches your own personal values and with whom you can establish a rapport.
3Have a Genuine Concern For Your Clients. As any great lawyer will tell you, your clients should be treated with the greatest respect.
4Maintain Flexibility. A flexible mindset will enable you to schematically address the turns and twists you may encounter in the legal profession.
5Stay Up to Date. Keeping up to speed with the latest laws and changes in technological approaches will give you an edge and elevate your chances of success as a lawyer.

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Tuesday, 12 March 2013

LAWYER RATINGS - HOW TO FIND A GOOD LAWYER

LAWYER RATINGS
In this post I will discuss one aspect of finding a good lawyer, specifically lawyer ratings. When looking for a lawyer many people have no idea whether their lawyer is highly rated, skilled, experienced, or well regarded by their peers. Often the only thing that potential clients have to base their decsion on is the lawyers advertising, or their web site, both of which may be self promoting. Some lawyers join lawyer referral services, such as the popular 800-doctor/lawyer referral services advertised on television and billboards. However those referral services do not normally rate lawyers on their skill, ability, ethics, or professional standards. Lawyers join such 800-referral services by simply paying a fee, similar to advertsing in the yellow pages.
There are however some well established lawyer rating organizations, one which dates back to 1868. Below I discuss the some rating systems. Before choosing a lawyer based upon their advertisements, I suggest that you review their ratings on AVVO,  Martindale Hubbell, and SuperLawyers

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Wednesday, 27 February 2013

How to find a good lawyer of penal defense

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To find a good lawyer of criminal defense is one of the most essential steps that increase its possibilities of escaping from the accusations. And this article explains itself how you can find one.
Nobody can understand the importance of a good criminal defense lawyer of any more than one person who has been accused of a crime and is on the point of being punished by the crime that it never committed. To find a good lawyer of criminal defense can seem more difficult than the judicial process in himself. But it it is not, in this article one speaks about some of the best ways of finding a lawyer of competent criminal defense and with experience that has a record of gaining almost all the cases it takes.

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Where To Find A Lawyer And The Reasons You Need


Do you want legal counsel? Do you need somebody to stay inside your part and battle to suit your needs? If you have, you almost certainly have to speak with a legal professional. Choosing a excellent legal professional and dealing with one particular you believe in isn’t easy. However with the guidelines shared here you should certainly get a legal professional to suit your requirements.

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Friday, 22 February 2013

How To Find A Lawyer Suitable To Your Needs?


It is never nice when you have to find a lawyer to represent you; this usually is a sign of some kind of conflict or disagreement going on in your life. Finding a lawyer suited to your needs can be extremely difficult, this is because there are so many different types of lawyers available out there.

As well as finding the right type of lawyer, you also have to distinguish a good lawyer from an average one. You need to consider that you are putting all your interests in the hands of someone else, the last thing you want is an average lawyer who doesn’t have much concern about the overall result.
To find a lawyer suitable to your needs, follow these steps:

ASK AROUND

You should ask your close family and friends if they have ever had an encounter with a lawyer, if they have you should ask them if they have any recommendations. By going along with your family and friends judgement, you are likely to find a lawyer who is hard working and good at their job.
It is advised that you should get a lawyer who is in the field that you are seeking representation.

LOOK AT REVIEWS/TESTIMONIALS

If you have not received any recommendations, then you may want to complete a search of your own. You should search for a lawyer that works in the sector that you need, you should then look at reviews and testimonials of this certain lawyer or company. This will give you a better idea to how good the lawyer is.

INTERVIEW

Before you choose a lawyer for definite, you should set up a face to face interview, remember you are paying for their service so it is important that you are happy with it.
You should ask about your lawyer’s knowledge and any past experience. From this you will be able to see how confident the lawyer is and this will give you a better judgement to whether he is suitable for you.

COMPANY

You should not just take your lawyers word; you should also base your decision on the lawyers company. If the office he is working in looks quite professional, this will give you a better idea on what to do. You should also make your decision on how helpful the lawyer and the lawyer’s employee’s were. If they are all extremely polite and helpful, then this is usually an indicator that the company is reliable. 
Kerry is a business solicitor in Worcester, she likes to blog and share advice with others.

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