When You Need a Lawyer Representing You
As with many areas of the law, lawyer representation in the courtroom varies from case to case. There are cases where a lawyer is required by law. The court may not allow you to represent yourself. For example, the Court of Appeals of the state of Virginia does not allow appeals from circuit courts to be taken unless the appellant has counsel. There is also a presumptive requirement that children for whom guardians ad litem have been appointed as required in Code Section 63.2-905 have counsel. Counsel is also presumed for children where the court has received notice of an appeal from a final order terminating parental rights or approving an approved foster care plan of adoption. Research suggests that in the majority of litigation, having a lawyer as your advocate provides superior results. At the trial level in civil litigation, one study of federal cases in Pennsylvania found that unrepresented plaintiffs won only 20 percent of the time, while plaintiffs with counsel prevailed 51 percent of the time . These results do not account, however, for the very large dollar settlements that plaintiff lawyers often get that exceed what the litigant would have received without counsel. In other kinds of cases, lawyers may also be required. In criminal cases, defendants have a constitutional right to counsel in serious offenses and counsel will be appointed at public expense if the defendant cannot afford counsel. Although the right to counsel also exists at parole hearings, this does not extend to parole hearings before the parole board. Federal government agencies generally require that persons filing petitions for review before the federal circuit courts of appeal and the U.S. Supreme Court be represented by a lawyer. In most situations, however, you can proceed in court on your own. If you are not required by statute or by rule to have counsel, and if you do not have a right to counsel under the Constitution, you may appear on your own unless the judge orders otherwise.
The Importance of Having a Lawyer Representing You
Experienced lawyers have the advantage of being familiar with legal procedures and rules. Some of these rules include how to properly complete legal forms, which paperwork to file in court, where to file the paperwork, when to file the paperwork, and more. The proper completion of documents and filing can be a complex process that, if incorrect, can prove to be problematic later on. An attorney can also competently present your case to a judge, or converse with the opposing party’s attorney in a way that is favorable to your case.
Lawyers can use negotiation skills to help you reach a resolution in your court matter that is beneficial to you. An attorney also is able to skillfully advocate for you in all types of court matters, whether family, criminal, civil, or otherwise. Lawyers know the law and the court system better than anyone else. They understand all of the complex situations and procedural rules, and are best able to navigate each unique circumstance. For example, an attorney is often better at negotiating settlements, which is particularly true in family law matters. A divorce case, for instance, may last over a year or more if resolved through litigation. If a couple can settle the case out of court, however, they have a better shot at saving money and moving on to the next chapter sooner rather than later.
How to Find the Right Lawyer for Your Needs
When it comes to choosing a lawyer for your specific case in court, first consider your presumption based on the area of law pertaining to your matter. This presumption, however, is not always a fact so verification is in order. Generally speaking, you want to look for a lawyer who is an expert in the field in which you need assistance. A simple phone call to your perspective lawyer will alert you to his or her area of expertise. Of course, you need to verify this fact by reviewing the lawyer’s firm website and previous winning cases in exactly the area in which you need help. After all, if the lawyer does not have experience in tackling similar cases as yours then you need to search for another lawyer.
You also want to consider the lawyer’s track record – meaning, how he or she has performed in previous cases. Did they win the last case they handled or lose? Of course, at the same time, some lawyers may be hired specifically to lose a case for a client. However, it should be noted that hiring a lawyer for such reasons may not be wise if the other party can sue you for whatever adverse judgement your lawyer brings about.
You also want to consider the compatibility of the lawyer with you. It is very important to have a lawyer on your side that is mindful of your feelings toward the case and is good at securing the rights that you are attempting to secure. Many lawyers are not very good at communicating with their clients so you may want to carry out an interview process prior to hiring one for your case.
Lawyer-Client Privilege, Explained
The concept of client-lawyer privilege allows a client the ability to communicate with their lawyer without the fear of that communication being used to harm them in court. Client-lawyer privilege exists for the purpose of our legal system to run smoothly.
Lawyers need to understand everything about their clients’ situation so they be properly represented in court, but if a client believes something they tell their lawyer can be used against them, then they may not share all the necessary information. It’s not uncommon for people to think that just because they are telling something to someone in a position of authority, it has to be used against them. For the sake of the law, client-lawyer privilege helps to alleviate that fear in saying that any communication between a client and lawyer will be kept under wraps.
The following are some circumstances that may fall under the attorney-client privilege:
Mentioning mistake was made
Making a statement indicating how the law does or should apply
Relaying a client asked how to deal with a legal issue
Narrowly describing the legal issue
Describing post-consultation contact with the other party (eg. "I gave the other party a copy of that letter you wrote to me.")
In cases where a lawyer puts non-privileged information into a document or gives information they compiled by interviewing a third-party, that becomes non-privileged, which means it can be admissible as evidence in court.
However, even though client-lawyer privilege is supposed to exist, in some cases a privilege will be broken, meaning a statement made strives to deceive the court. If that’s proven, then the privilege doesn’t apply. Therefore, any lawyer who uses client-lawyer privilege to deceive the court will be disbarred and prosecuted .
Communication between a lawyer and a client are usually protected under privilege, whether it’s a voice message, email or letter. That means anything you tell your lawyer may be confidential; you will not therefore be asked to sign a waiver, allowing someone to break that confidentiality.
If a prospective client is meeting with a lawyer, the only way privilege can be broken is if the client says something that involves a future crime. If a client lies about a previous crime, the lawyer would then have to tell the authorities, but the lawyer would not be able to put someone in prison over their consultation.
That being said, the lawyer does have a right to speak out about something he knows — like if he witnessed a crime about to be committed. However, in some states, lawyers have a duty not to report the crime, but they can still exit the interaction. While not all states have this duty not to speak out about a client’s alleged crime, lawyers still have an obligation to represent the interests of their client no matter the circumstances. This doesn’t therefore mean that a lawyer can’t be punished if the client’s innocence is found out at trial with a privilege being broken, but it does mean that the lawyer is able to avoid getting in legal trouble themselves by having client-lawyer privilege.
It’s important to understand the law—you have the right to take advantage of it in some instances. A lawyer-communication will be protected, so it’s up to you to measure out if it’s something you should tell your lawyer. Is it irrelevant or somewhat relevant? Should you explain your actions to your lawyer so they can take full advantage of having you as a client? Or would your actions appear to be vindicating, in which case you should speak out? Only you can decide for yourself if there’s any privilege or not.
Myths About Lawyer Representation in Court
Common misconceptions exist when it comes to lawyers’ representation in court and the role they play, which we will address here. Let’s begin with one of the most common: that lawyers can guarantee a win or a specific result. This is a misconception; no lawyer can accurately predict a case outcome since there are many variables and then you have the judge and/or jury whose decisions you cannot predict. Only in some cases can an attorney provide some assurance to the client as to the outcome of their case. Although they may be able to ascertain the general likelihood or probability of success based on their experience and familiarity with the judge and specifics of the situation, they can’t say for certain. Along the same lines, another misconception is the mistaken belief that lawyers get criminals off or allow them to go free. An attorney’s job is to represent their client to the best of their ability, which sometimes means running defense against assault or murder charges. You have to understand that it’s a jury of his or her peers who are making the decision to acquit or convict, not the attorney. A lawyer’s real-life work in a criminal court case isn’t to get criminals off but to represent their client well and do their job to offer the best defense and communication/reasonable plea bargain with the prosecutor.
Others assumptions include thinking a lawyer isn’t necessary for small claims, municipal court or other more minor legal matters and that the attorney will do all the communicating for the client, including submitting all the paperwork. An error in judgement can cause a significant even life-altering mistake. It’s always a good idea to consult with an attorney beforehand to review the HUD-1, the taxes on a property, the homeowners association’s CC&Rs, the local zoning regulations, the sales contract and many other items in the process of buying or selling a house.
Other Ways to Get Legal Representation
Sometimes the best option is not hiring a traditional lawyer to represent you. The first step in finding this solution is to find out if the legal issue you are facing allows for it. Not all cases allow pro se (simply meaning self-represented) representation in court. An easy way to ask this question, and figure out what the procedure for your particular case is, is to simply call the court clerk’s office. You’ll want to ask your lawyer-clerk what type of representation is allowed, and what steps, if any, you need to take to ensure you’re handled by a judge as a pro se litigant. If you don’t have a case, you can just call the clerk of the court in the jurisdiction you believe your matter lies in. They can help point you in the right direction, and even give you information as to whether or not you can proceed without a licensed attorney.
In some cases a court-appointed representation is available, and this may be something that’s necessary for you . In a case where there’s a guardian ad litem involved, they will discuss with you whether or not a court-appointed representative is a good idea, based on your scenario. This is usually only available in family law scenarios, since they’re often protracted and complicated. In the instance where there’s a filing fee involved to get started in a divorce, often times it can be waived due to circumstances that lead you to ask for a divorce. But again, the specifics will depend on your case and your situation.
Still another substitute you can consider is to simply use a legal consultant who has the experience to help you with your issue. There’s no written test or licensing exam for these people: they accumulate their knowledge by working with legal companies, oftentimes for years and years. For example, a trusted friend or colleague in a law firm for a hired lawyer will suffice. The drawback? Some lawyers and agencies won’t even return phone calls or emails from legal consultants, which can be very detrimental to the progress of your case.