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Frequently Asked Questions
What is a Pro Bono lawyer?
Pro Bono comes from the Latin phrase Pro Bono
Publico, meaning engaging in legal work for the good of the public. A
pro bono lawyer provides representation to persons unable to afford the
fee or a paid attorney. This representation is in the form of legal
advice and representation in initial court hearings so pro bono
attorneys have by law 20 hours of volunteer work to do in a year with
clients demonstrating financial need.
Can a person receive credit for Juris Doctorate classes taken outside
of the United States?
No credit can be given to persons having taken
classes outside of the U.S. unless it was an American Bar Association
certified course of study. Courses can be taken in study abroad
programs that have been approved. Those person having taken courses
outside the U.S. would benefit from consulting the bar association for
specific details pertaining to their situation.
What does an Attorney do?
A man or woman practicing law in the United
States is called an "Attorney and Counselor at Law", but most
frequently these professionals are called, "lawyers ". The noun
"Lawyering" is the descriptive word of choice (by those in the
profession) for what an attorney does.
The primary functions of an attorney are advising clients on matters of
legal precedent and acting on behalf of a client in representing him or
her in matters of the law. Lawyers make drafts of legal documents such
as deeds, contracts and wills. They also provide legal counsel in real
estate matters.
An attorney interviews the prospective client, renders services for a
fee, learns about the client's situation, identifies what legal
ramifications there are for services, performs research to investigate
how best to advise or represent the client, and provides competent
advise or legal representation in a court of law. Attorneys also spend
many hours doing research in libraries and on legal internet sites.
There is no distinction between levels or types of law that can be
practiced in the United States but there are areas of preference or
specialty in which attorneys provide services. Where an attorney carves
out his or her niche in terms of the types of cases he or she takes on
would be considered their area of expertise. There are many different
types of attorneys: Bankruptcy, personal injury, malpractice, real
estate, family, employment, insurance, patent, and small business, are
just a few of the areas attorneys in which practice.
Who is a District Attorney?
A District Attorney is an attorney elected to
public office and who legally prosecutes on behalf of persons residing
in, or on behalf of, his or her district or county in the state he or
she lives in. The position of the district attorney is one of
enforcement and safety in communities. He or she is a public prosecutor
defending the laws of the particular district they are elected to.
A felony is a crime, that when punished in a court of law, can send a
person to prison or, if the particular state upholds the sentence, to
death. District attorneys pursue issues pertaining to drug enforcement,
death penalty, traffic violations, murder, protecting children,
involuntary commitment of persons to mental facilities and sexual
assault, to name just a few.
A District Attorney also helps in aiding victims of felony crime in
terms of prosecuting the guilty parties or assisting victims in
obtaining financial compensation from agencies or from the convicted
party.
The creation and enforcement of community action committees,
neighborhood crime watches, local child welfare activities and other
community based programs also falls under the jurisdiction of District
Attorney. District Attorneys hire assistants to help in the prosecuting
of criminals, professional advocates to help victims of crime with
testimony and to help victims find help in coping with violent crime.
Who is an Attorney General?
The Attorney General is the chief law enforcer
of the particular state of his or her residence. Attorney Generals have
been elected to their posts by their constituency to protect and
enforce laws in a particular state's jurisdiction. Attorney Generals
have the responsibility of aggressively pursuing problems of special
interest to the population of his or her state.
State programs such as civil right and liberties, domestic violence
programs, management of the state's prisons, and creating legislation
for drug enforcement, gun laws, and the protection of small children
are a few of the Attorney General's functions.
The Attorney General's office is responsible for contact with his or
her district attorney and all other law enforcement officials.
The U.S. Attorney General is head of law enforcement of the federal
government and is chief of the world's largest law office. The attorney
general of The United States represents the country in general legal
matters. These responsibilities encompass setting up guidelines to
protect citizens from crime, enforcing the law and seeking legal
recourse against those who have committed crimes as well as protecting
citizens from threats of a non domestic nature. The U.S. Attorney
General also has the responsibility of protecting the rights of
citizens so that those under investigation are allowed fair
representation in a court of law.
What is Power of Attorney?
A Power of Attorney document is an official
contract in which an individual gives authority for a person other than
him or herself, to legally make decisions if he or she, for whatever
reason, becomes unable to do so. The person giving permission is called
that "principal" while the individual who has been appointed is the
"agent" or "attorney in fact". The power of attorney agreement can be
used for multiple instances such as financial and living arrangement
decisions as well a those decisions concerning healthcare. The
specifications having to do with how much power the agent has and if
there are any time constraints are usually written in the power of
attorney contract.
A durable power of attorney agreement is signed by the principal person
before he or she becomes unable to make decisions and states in writing
specifically what the exact stipulations for procedure are and what
instances the power of attorney stays in effect.
Some privileges of a durable power of attorney are that the principal
can choose their own agent as opposed to a court having to choose one
and this kind of power of attorney also enable families to feel safer
knowing that the choice has been made when the principal is still
intellectually sound and can choose someone who is familiar to them.
Persons granted with a durable power of attorney may also conduct
banking, tax and stockholder transactions. They may also deal with
insurance benefits and handle legal proceedings as well as collect
social security for the principal.
There are some problems as to who will honor power of attorney
agreements. If persons are to deal with government agencies then there
are appropriate forms to be filled out and the documentation
appropriately worded accompanies the forms so that those transactions
can be made.
Education for Attorneys/Lawers or (seeking a career as an attorney)
Education for lawyers encompasses many areas of legal practice: Civil
rights, labor laws, contracts, research and preparation of drafts,
administrative laws, real estate laws, intellectual property laws,
contracts and litigation are just a few areas of study. Students
seeking a law degree must first complete 4 years of undergraduate work.
This 4 year degree can be in varying fields ranging from the sciences
to english literature.
Obtaining one's Juris Doctoroate usually takes approximately 3 years of
additional education after the intial 4 year bachelors degree. Other
advanced law degrees are Master of Law degree or Doctorate of
Juridicial Science degree. These degress atke additional time beyond
the 3 years for the Juris Doctorate.
Law schools are usually assiciated with other larger schools. Large
colleges house some of the top law schools such as Columbia, Harvard,
and Yale all have law schools affiliated with them. Adavnced degrees of
law can be earned at these institutions as well.
There are online law schools that provide education for those who are
unable to attend a rigorous class schedule while working or raising
children or when their living or monetary arrangements cannot
accommodate the expense of education and travel. These courses are
provided by competent professionals and students can earn their law
degree from home.
Passing the BAR
MBE is the multi state bar exam. It is one of a few tests states can
use to determine the aptitude of a would-be attorney. MBE's are usually
given during the months of February and July, with some states only
administering the exam in July. The exam consists of 200 multiple
choice questions and usually takes 6 hours, 3 hours in the first half,
3 hours in the second half, all administered in the same day. There are
approximately 30 questions in each specific area of law in the exam.
These areas range from constitutional law to real estate law. It takes
approximately 3 months or longer to get test results from the bar exam.
MEE is the multistate essay examination. It is made up of 6 essay
questions and the entire test approximately 3 hours. There are 10 exam
questions covering topics such as conflict of laws, federal civil
procedure and corporations.
MPT exams are multi state performance tests. It is a booklet test
withinstructions on the back. Not all states administer the MPT exam.
There are points of accomplishment to deduce from the MPT exam, those
being that the applicant can communicate using written word, has
analytical skills required to perfrom tasks, identify potential
problems of any nature, and complete tasks in a timely manner.
Some states employ theuse of all the tests and soemstates only require
one. It is best for applicants to consult with the testing board and
inquire as to which tests will be administered.
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