Judicial Process Week 3 Assignment Your State’s Judicial Selection System Research the judicial selection method in your state. Discuss the following: 1. Are judges elected i

Judicial Process – Week 3 Assignment

Your State's Judicial Selection System

Research the judicial selection method in your state. Discuss the following:

1. Are judges elected in partisan or nonpartisan elections?

2. Are judges appointed?

3. Is there a form of merit selection such as the Missouri Bar Plan?

4. What are the advantages and disadvantages of your state's judicial selection method?

Your submission should adhere to the following guidelines:

· The total length of your paper should be a minimum of 3 full pages in length.

· Use APA style for general formatting, including margins, font type and font size, spacing, and cover page.

· Include Bluebook formatted citations within the body of the paper and on the References page.

View your assignment rubric.

Chapter 5: Lawyers and Legal Representation

Judicial Process: Law, Courts and Politics in the United States

Chapter Topics

Legal Education

Licensing Requirements

Legal Ethics and Discipline

Bar Associations

The Work of Lawyers

Diversity and Stratification of the Legal Profession

Access to Legal Services

Legal Education before 1870

lawyers were scarce in the Colonies

entry into the profession was open – trained through self-study, often combined with an apprenticeship

start of University based American legal education at William and Mary (1779)

legal education connected to philosophy, political economy and ethics

proprietary law schools (for-profit) emerged for practitioners (Litchfield 1784)

The Modern Law School

Harvard Law School and Dean Christopher Columbus Langdell changed legal education

introduced the case method – reading appellate court opinions

the case method is now the standard form of instruction

night law schools were founded as an alternative to University education

in 1900 32 prestigious law schools founded the Association of American Law Schools

Law School Admission

119,775 law students

based on Law School Admission Test (LSAT) and undergraduate performance

Law School Admission Council (LSAC) develops and administers the test

applicants use the Law School Data Assembly Service (LSDAS) to send their application materials to schools

2014-15, 101,689 LSAT tests compared to 1963-64, 37,598

women are 50% of enrolled law students, but only 34% of attorneys

minorities earn 26% of the degrees

Law School Curriculum

early curriculum was 2 years today a standard curriculum is 3 years

train students as generalists

teach students to “think like lawyers”

Curriculum

distinctive feature is the case method

casebooks organize appellate court decisions

few references to other disciplines (history, economics, public policy, etc.)

employs the Socratic method – professor challenges student to explain the logic of their thinking

no correct way of analyzing opinions, it is the process that counts

Curriculum

critics of legal education argue:

method of instruction is confrontational which does not suit many learning styles

some argue too focused on knowledge needed to pass the bar exam

others say not enough attention to the actual practice of law

Differences in Law Schools

204 American Bar Association (ABA) approved law schools in 2014

most are affiliated with a university

the rest are free standing (proprietary)

law schools differ in prestige, elite national law schools, public and private university schools, and local/night schools

ranked by U.S. News and World Report every year but not without controversy—the LSAC encourages applicants to find the “best law school for them”

Law School Costs

90% of law students rely on loans

2012 survey showed typical debt for public law schools of $66,627 and for private law schools, $126,723

2/3 of students report that law school debt keeps them from considering public sector jobs

law school has always been expensive, but the cost is rising faster than lawyer salaries

Licensing Requirements

passing the bar exam is required to practice law

historically lawyers were admitted to the bar by courts and judges

bar associations worked to improve the quality of the legal profession

most bar exams include:

(1) basic areas of law, (2) knowledge of state law, (3) legal ethics

Licensing Requirements

the Multistate Bar Examination is used 48 states and offered twice a year:

2010, 79,953 tests administered with a passage rate of 68%

NY & CA administer the most tests

other tests include the Multistate Professional Responsibility Test and the Multistate Essay Test

many students take a bar review course

Legal Ethics and Discipline

are lawyers dishonest, unscrupulous, and conniving?

increasingly law schools focus on ethics

bar associations work to improve the public image of lawyers

state high courts establish the standards of conduct for the legal profession—based on the ABA’s Model Rules of Professional Conduct

typically a state bar association disciplinary committee handles discipline

common complaints include:

(1) misuse of client funds, (2) acceptance of money for services never rendered, (3) felony conviction

complaint is filed, investigation performed, recommendation made

most complaints are dismissed, very few result in sanctions

dissatisfied clients can also file a malpractice lawsuit

Bar Associations

created to try and improve the professional standing of the legal profession

traditionally elitist and conservative

State Bar Associations

30 states have adopted an integrated bar, requiring all attorneys to join the state bar association

American Bar Association – 600,000 members, attempts to speak for the legal profession

Bar Association Activities

attempt to upgrade the quality of the legal profession

try to remove dishonest lawyers

promote the public image (by conducting assessments of public confidence)

activities aimed at the unauthorized practice of law — lawyers traditionally have a monopoly over legal services

advocates argue that legal education is necessary to represent clients

researchers have found that “experience” not legal training is the best predictor of success in court (Kritzer 1998)

many legal tasks are routine (uncontested divorces, adoptions, name changes, wills)

these tasks are being made easier by computer programs and handbooks

The Work of Lawyers

many think of lawyers and trials together but the reality is that most lawyers do not spend their time in court

England draws a formal distinction between:

Solicitors – office attorneys who advise clients but argue only minor cases,

Barristers – litigators who argue case in major trial courts

The Work of Lawyers

Litigating – presenting cases before judges or juries

trial attorneys must organize a case and the facts for presentation to the judge or jury

only a small number of attorneys are full-time litigators

Representing – helping clients with securing a license, dealing with administrative regulations, requesting variances, etc.

The Work of Lawyers

Negotiating – most lawsuits are settled through negotiation. Lawyers work to settle a dispute in the most favorable way for their client. Negotiations in criminal court are frequently referred to as plea bargaining.

Drafting Documents – lawyers spend a great deal of time writing documents. A properly drafted document can help a client avoid a lawsuit in the future. Documents are required at every stage of a lawsuit.

The Work of Lawyers

Counseling Clients – lawyers advise clients about the dictates of the law. They are expected to provide sound, dispassionate advice about the law.

this role sometimes creates tension between the lawyer and client. Lawyers must sometimes give advice that the client would rather not hear—for example, the evidence will likely lead to a conviction or your not going to be able to get that much money in a settlement.

The Work of Lawyers

Cause Lawyering – involves the mobilization of the law combined with political calculations.

emerged in the 1960s with civil rights and consumer safety initiatives

includes both the political left and right

Where Lawyers Work

Private Practice – nearly 75% of lawyers work in private practice

number of solo practitioners is declining

economies of scale make working in a firm—an association of lawyers—more and more desirable

Business – many business hire lawyers

house counsel – employed by the business as salaried employees

outside counsel – a lawyer or firm hired by the business but not a employee

Government – nearly 10% of the nations lawyers work for government.

typically we think of government lawyers prosecuting criminals

but many other lawyers are employed by the federal, state and local government

Law Clerks – provide legal research and writing for judges. Judicial clerkships are highly prized by law students and seen as prestigious by future employers.

Diversity and Stratification of the Legal Profession

there are many differences among lawyers and law firms

Heinz and Lauman and Nelson found in a Chicago study:

lawyers range from general to specific in their practice with less than 25% considering themselves specialists

lawyers consistently represent either plaintiffs or defendants

lawyers tend to represent either large corporations or individuals

Diversity and Stratification of the Legal Profession

they concluded that lawyers are either part of the

corporate sector—representing large corporations, regulatory agencies, or governmental bodies, or

personal client sector attorneys—representing individuals

corporate sector lawyering has been growing faster than the private client sector

Large Law Firms

Often referred to as Wall Street Lawyers

Largest is Chicago’s Baker & McKenzie, 3,774

small number of “large law firms” but they have a great deal of influence

represent mostly corporate clients

offer coordinated, highly specialized legal services

lawyers are

associates—recent law school graduates who provide legal assistance

partners—hold permanent positions and contribute to firm management

Large Law Firms

firm lawyers are sometimes described as: finders (finding new clients), minders (managing the firm), and grinders (doing legal research and work)

participate in bar association leadership

expanded rapidly in the 1980s, but number of super large firms has been declining

Solo Practitioners

individual attorneys

represent one-shotters—individuals who rarely make legal claims

have modest incomes and focus mostly on criminal, personal injury, divorce, real estate, etc.

Lawyer Employment and Salaries

geography is important, most all new lawyer jobs are in the largest 20 cities!

fastest growth in large states, NY, CA, TX

2014 median salary $114,970

10% make less than $55,400

Legal Services

there are many lawyers in the U.S. (>1M) but individual citizens still report difficulty obtaining legal services, why?

many lawyers work for business

lawyers can be expensive

but they are often necessary

in criminal prosecutions, legal representation is a right (Gideon v. Wainwright 1963)

Legal Services

legal services are provided—if you cannot afford them. There are two systems:

assigned counsel – lawyers are assigned cases by a judge on case by case basis and paid hourly for their work

often young and inexperienced lawyers

used by half of the counties in the U.S.

Legal Services

public defender—salaried lawyers working for the state or local jurisdiction who are assigned cases by an administrative professional

intended to bring professionalism to criminal representation of the poor

used frequently in urban areas

proponents argue that lawyers can focus on the cases because they are salaried, critics charge that because they receive a salary they will not be as passionate advocates