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HELP FROM LAWYERS

Q. I understand that, under certain circumstances, going to a lawyer may be
unnecessary. Are there specific cases when I should see a lawyer?
A. Yes, there are matters best handled by a lawyer. While these matters are sometimes hard
to recognize, nearly everyone agrees that you should talk with a lawyer about major life
events or changes, which might include:
• being arrested for a crime or served with legal papers in a civil lawsuit;
• being involved in a serious accident causing personal injury or property damage;
• a change in family status such as divorce, adoption, or death;
• a change in financial status such as getting or losing valuable personal property or real
estate, or filing for bankruptcy.

Q. Is there another way to determine whether I need to hire a lawyer?
A. Yes. One way is to look at how other Americans have answered the question. In a recent
study of Americans over the age of 18, researchers for the American Bar Association found
almost half had used a lawyer in the past five years. The most common legal matters taken to
lawyers involved
• real estate transactions (12%)
• drawing up a will (11%)
• as a party to a lawsuit (11%)
• divorce/separation (9%)
• probate/estate settlement matters (6%)
• child support/custody matter (5%)
• draw up an agreement/contact (5%)
Other fairly common matters requiring a lawyer’s help included traffic matters, insurance
claims, bankruptcy, auto accidents, and being a complainant or defendant in a criminal
proceeding.
Source: Perceptions of the U.S. Justice System (Chicago: American Bar Association, 1999).

Q. Is the use of lawyers growing?
A. Apparently. A 1993 survey of 815 adults nationwide showed that use of a lawyer for both
personal and business matters had increased significantly from 1986. Researches found that
more middle and low income people were reporting that they used lawyers' services.

Q. If it is obvious that I will need a lawyer for a certain circumstance, should I save
money and wait until I absolutely need the lawyer's services?
A. No. Lawyers should be thought of as preventers of legal problems, not just solvers. When
dealing with legal issues, an ounce of prevention is worth many dollars and anxious hours of
cure. Once you have determined that you need professional legal help, get it promptly. You
can get the most help if you are in touch with a lawyer as soon as possible.

Q. What exactly is a lawyer?
A. A lawyer (also called attorney, counsel, counselor, barrister, or solicitor) is a licensed
professional who advises and represents others in legal matters. When you picture a lawyer,
you probably think of an elderly gentleman in a three-piece suit. That picture is no longer
accurate. Today's lawyer can be young or old, male or female. Nearly one-third of all lawyers
are under thirty-five. Almost half the law students today are women, and women will
probably ultimately be as numerous in the profession as men.

Q. Is most of a lawyer's time usually spent arguing cases in court?
A. No. A lawyer normally spends more time in an office than in a courtroom. The practice of
law most often involves researching legal developments, investigating facts, writing and
preparing legal documents, giving advice, and settling disputes. Laws change constantly.
New law is enacted and prior law is amended and repealed. In addition, judicial decisions in
court cases regularly alter what the law currently means, whether the source of law is the
United States Constitution or a state constitution; federal or state statutes; or federal, state,
and local codes and regulations. For these reasons, a lawyer must put much time into
knowing how the laws and the changes will affect each circumstance.

Q. What are a lawyer's main duties?
A. A lawyer has two main duties: to uphold the law and to protect a client's rights. To carry
out these duties, a lawyer must know the law and be a good communicator.

Q. What are the professional requirements for becoming a lawyer?
A. To understand how laws and the legal system work together, lawyers must go through
special schooling. Each state has enacted standards that must be met before a person is
licensed to practice law there. Before being allowed to practice law in most states, a person
must:
• have a bachelor's degree or its equivalent;
• complete three years at an accredited law school;
• pass a state bar examination, which usually lasts for two or three days; it tests knowledge
in selected areas of law and in professional ethics and responsibility;
• pass a character and fitness review; each applicant for a law license must be approved by
a committee that investigates his or her character and background;
• take an oath swearing to uphold the laws and the state and federal constitutions;
• receive a license from the state supreme court; some states have additional requirements,
such as internship in a law office, before a license will be granted.

Q. Once licensed in one state, is a lawyer automatically allowed to practice law in all
states?
A. No. To become licensed in more than one state, a lawyer must usually comply with each
state's bar admission requirements. Some states, however, permit licensed out-of-state
attorneys to practice law if they have done so in another state for several years and the new
state's supreme court approves them.

Q. If I have a legal problem, may I hire someone other than a lawyer?
A. In some specialized situations, such as bringing a complaint before a government agency,
nonlawyers or paralegals may be qualified to represent you--and their services may cost less
than a lawyer's. Ask the government agency what types of legal representatives are available.

Q. I come from another country, and I need to hire a lawyer. Aren't notary publics
actually lawyers?
A. A "notary public," "accountant," or "certified public accountant" is not necessarily a
lawyer. Do not assume that titles such as notary public mean the same thing as similar words
in your own language.

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