NCJ Number
72015
Date Published
1979
Length
193 pages
Annotation
A handbook published in cooperation with the American Civil Liberties Union sets forth in question-and-answer format the legal rights and responsibilities of attorneys and their clients.
Abstract
It reviews issues pertaining to admission to the bar, covering such areas as applicants' right to see their bar exam papers, the legality of loyalty oaths, character committees, and the power to exclude applicants with criminal records. Also discussed are issues related to the admission to practice including pro haec vice admissions, or the right of a lawyer admitted in one State to try a case or give advice in another State. Grounds for disciplining a lawyer are covered, as well as certain fundamental procedural issues, such as the confidentiality of disciplinary proceedings. Special procedural issues dealt with include constitutional rights at a disciplinary meeting, the burden of proof, presumptions, and the relationship between disciplinary proceedings and the privilege against self-incrimination. The attorney-client relationship is reviewed, focusing on the attorney-client privilege, the nature of a lawyer's fiduciary relationship to his client, the obligation of a client to a lawyer, and the authority of the attorney to act for the client and limits on that authority. Questions related to conflict of interest, attorneys' fees and attorneys' liens, and attorney malpractice are also considered. Other issues discussed deal with limits on advocacy, including first amendment rights of lawyers and clients. Legal limitations on attorneys' actions in protecting the interests of their clients, the rights of lawyers to criticize the courts, attorney advertising and solicitation, and the rights of clients to organize to gain cheaper access to the courts are discussed. Lastly, the rights of clients who represent themselves are noted, including the rights of nonlawyers to sell law-related services such as 'divorce-yourself' kits. Also discussed are some of the rights of indigent criminal defendants with respect to counsel. Two appendixes set forth State bar admission requirements and describe Federal statutes authorizing the award of attorneys' fees.