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Law Stack Exchange

Questions tagged [lawyer]

For questions about lawyers and the licensed practice of the legal profession.

Lawyer refers to a qualified legal practitioner, generally admitted to the Bar in the relevant jurisdiction, but in some cases listed on a roll of practitioners.

The study required to become qualified vary from place to place, however some knowledge of jurisprudence, ethics, real property law, and statutory interpretation are common subject areas.

Some jurisdictions use a split legal profession system, whereby solicitors and barristers undertake separate duties in legal representation. In these jurisdictions, the term lawyer can refer to either a barrister or solicitor.

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Why are lawyers typically excluded from juries?

At least in the United States practicing lawyers are called to serve on juries. But my understanding is at least one side will always remove them before trial. Why would it always be the case that at least one side would not want someone with…
feetwet
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Why do lawyers write contracts with language that is more difficult to understand than other works?

The recent Ig Nobel Prize Winning work "Poor writing, not specialized concepts, drives processing difficulty in legal language" by Martínez, Mollica, and Gibson demonstrates that contracts are written in language that is harder to understand than…
User65535
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What is the purpose of a disclaimer like "this is not legal advice"?

If someone who is not a lawyer is giving out legal advice, does it make any difference if they include a disclaimer along the lines of "this is not legal advice"? For the purposes of this question, I assume legal advice means one party instructing…
Stefano Palazzo
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Why do non-lawyers refer you to lawyers even when they know the answer?

We've all seen it: you ask a law question (a classic being "Am I violating X's copyright by doing Y?"), but they refuse to respond and instead tell you that you should be asking a lawyer, not them. I have seen this happen all the time: even when the…
user541686
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Is a lawyer allowed to follow a client's instructions to hide evidence?

The police arrested a suspect linked to sexual assaults. The police searched his home. It sounds like initially the search warrants were very limited in scope but they widened as things turned up. While he was in jail, his lawyer followed his…
TreVon
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Why do we need lawyers in the Judicial system?

Law is supposed to be known to all citizens. It is also assumed (implicitly) that it is correctly understood: Ignorance or misinterpretation is not an excuse before the judge. So why are we required to be represented by lawyers in criminal and civil…
user31703
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Is an attorney allowed to turn on their client?

Inspired by Yakuza Judgement. Say that Andy the Attorney is potentially representing Dave the defendant. But while they talk, Andy finds Dave to be a repulsive human being who's obviously guilty of the crime. As a good human being, Andy quits being…
chausies
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What should I look for when seeking a lawyer?

The standard legal disclaimer is that someone should ask a lawyer if they really need legal advice. So how do you find the right lawyer? How can you judge how "good" a lawyer is? How can you find what is a fair price? Are there other things you…
Nattgew
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Why don't courts punish time-wasting tactics?

Inspired by the lawsuit filed amidst an ongoing controversy in the chess world. In brief, one player (Carlsen) accused another (Niemann) of cheating, and Niemann filed a defamation lawsuit against Carlsen + two other defendants (Chess.com &…
Allure
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Why are law firms with non-lawyer owners/directors uncommon?

Most law firms exist as partnerships of their main lawyers who are the owners/directors. Why isn't the model popular where a non-lawyer but talented leader/organizer/visionary just puppets lawyers on the payroll who represent clients of the firm?…
Greendrake
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Could a lawyer agree not to take any further cases against a company?

The book Radium Girls tells a true story that happened about 100 years ago. At one point in the book, a lawyer is representing about five victims (former employees) who are suing the US Radium Corporation for poisoning them. USRC offers a…
SegNerd
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What is the significance of “moral turpitude”?

Ellis, Chesebro and Powell have all asked the court to state their crimes were not ones of “moral turpitude”. What is the significance of that expression and why is it so important to them?
Simd
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Are lawyers permitted to advise what the best decision is likely to be?

I have engaged lawyers (who I have not dealt with before) to convey my property. New Zealand being "in lockdown" due to COVID19 has somewhat complicated the transaction. The advice I have received from my lawyers has been inconsistent due, I…
davidgo
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Could a lawyer be disbarred for fighting for a 'frankly unconstitutional position'?

Allegedly, in a hearing in front of Judge Coughenour in Seattle, the following happened: Judge c: "Frankly I have difficulty understanding how a member of the Bar could state unequivocally that this is a constitutional order," [...] "It just…
Trish
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What does a lawyer do if they know for absolute certain that their client is guilty?

Say that a person is accused of committing a crime, they either hire a lawyer or have one appointed to them. Some time later, the lawyer learns that their client most certainly committed the crime. Perhaps the client shows the lawyer a video of them…
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