4 Strategies To Help Your Lawyer Enable You To When you really need a lawyer at all, you should work closely using them so that you can win your case. No matter how competent they may be, they're gonna need your help. Here are four important methods to help your legal team help you win: 1. Be Totally Honest And Up Your lawyers need and expect your complete cooperation - whatever information you're planning to reveal directly to them. Privilege means anything you say is kept in confidence, so don't hold anything back. Your legal team has to know everything in advance - most importantly information another side could discover and surprise you with later. 2. Provide Meticulous Records Keep a continuing and factual account of all information regarding your case. Whether it's witnesses or payments being made, provide your attorneys with the data they have to assist them to win. 3. Appear Early For All Engagements Not be late when you're appearing before a court and prevent wasting the attorney's time, too, when you are on time, each time. In reality, because you might need to discuss last minute details or even be extra prepared for the way it is you're facing, it's smart to arrive early. 4. Demonstrate Which You Have Your Act Together If you've been arrested for just about any crime, it's important to be able to convince a legal court that you just both regret the actions and therefore are making strides toward boosting your life. For example, if you're facing a DUI, volunteer for the rehab program. Be sincere and associated with the community the judge is presiding over. Working more closely together with your legal team increases your probability of absolute success. Follow these tips, listen closely to how you're advised and ultimately, you need to win your case.
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Some of the cites we server are,
I Would Like To Pursue A Career In Paralegal Work. I Received Two Felonies For Possession Of Cocaine When...?
I Was 19 Yrs. Old. I Am 31 Years Old Now And Have Had No Other Felonies. From The Point Of Obtaining My Bachelor'S In Paralegal Work, I Would Like To Continue My Education To Become A Lawyer. Is This Possible In North Carolina Or Am I Wasting My Time?
The felonies are 12 years old....but they are felonies. You may have difficulty becoming licensed in NC, if they are sticklers for "no felonies." However, most measure you as a whole and if nothing else has happened since then, you may be able to pass the moral character background/evaluation.
Rules for becoming licensed in NC:
Look under the .0600 series for "Moral Character and General Fitness." It says as follow:
SECTION .0600 - MORAL CHARACTER AND GENERAL FITNESS
.0601 BURDEN OF PROOF
Every applicant shall have the burden of proving that the applicant possesses the qualifications of character and general fitness requisite for an attorney and counselor-at-law and is possessed of good moral character and is entitled to the high regard and confidence of the public.
.0602 PERMANENT RECORD
All information furnished to the Board by an applicant shall be deemed material, and all such information shall be and become a permanent record of the Board.
.0603 FAILURE TO DISCLOSE
No one shall be licensed to practice law by examination or comity or be allowed to take
the bar examination in this state:
(1) who fails to disclose fully to the Board, whether requested to do so or not, the facts relating to any disciplinary proceedings or charges as to the applicant's professional conduct, whether same have been terminated or not, in this or any other state, or any federal court or other jurisdiction, or
(2) who fails to disclose fully to the Board, whether requested to do so or not, any and all facts relating to any civil or criminal proceedings, charges or investigations involving the applicant, whether the same have been terminated or not in this or any other state or in any of the federal courts or other jurisdictions.
.0604 BAR CANDIDATE COMMITTEE
Every applicant shall appear before a bar candidate committee, appointed by the Chairman of the Board, in the judicial district in which the applicant resides, or in such other judicial districts as the Board in its sole discretion may designate to the applicant, to be examined about any matter pertaining to the applicant's moral character and general fitness to practice law. An applicant who has appeared before a bar candidate committee may, in the Board's discretion, be excused from making a subsequent appearance before a bar candidate committee. The applicant shall give such information as may be required on such forms provided by the Board. A bar candidate committee may require the applicant to make more than one appearance before the committee and to furnish to the committee the such information and documents as it may reasonably require pertaining to the moral character and general fitness of the applicant to be licensed to practice law in North Carolina. Each applicant will be advised when to appear before the bar candidate committee. There can be no changes once the initial assignment is made.
.0605 DENIAL; RE-APPLICATION
No new application or petition for reconsideration of a previous application from an applicant who has either been denied permission to take the bar examination or has been denied a license to practice law on the grounds set forth in Section .0600 shall be considered by the Board within a period of three (3) years next after the date of such denial unless, for good cause shown, permission for re-application or petition for a reconsideration is granted by the Board.
YOU WILL DEFINITELY NEED TO DISCLOSE THIS INFORMATION.
I'm not sure if you register as a first year law student (in your first year of law school) but you might want to see if you can complete this moral character determination right away (in your first semester of law school). If NC is like CA, it may take them 6 months to determine but the results will be good for 2 years (and then renewable).
Here is information from the NC Board of Law Examiners:
NORTH CAROLINA BOARD OF LAW EXAMINERS
CHARACTER AND FITNESS GUIDELINES
Every applicant shall have the burden of proving that the applicant possesses the qualifications of character and general fitness requisite for an attorney and counselor-at-law, and is possessed of good moral character and is entitled to the high regard and confidence of the public.
The term "good moral character", includes but is not limited to the qualities of honesty, fairness, candor, trustworthiness, observance of fiduciary and personal responsibility and of the laws of North Carolina and of the United States and a respect for the rights of other persons and things. The term "fitness" includes but is not limited to, the mental or emotional stability of the applicant to practice law in North Carolina.
In satisfying the requirements of good moral character and fitness, applicants should be persons whose record of conduct justifies the trust of clients, adversaries, courts and others with respect to the professional duties owed to them and whose record demonstrates the qualities of honesty, trustworthiness, diligence, responsibility and reliability.
The revelation or discovery of any of the following may be treated as cause for further inquiry before the Board decides whether the applicant possesses the requisite character and fitness to practice law. The foregoing is inclusive of but not limited to:
1. Unlawful conduct.
2. Academic misconduct.
3. Making or procuring any false or misleading statement or omission of relevant information including any false or misleading statement or omission on the application for admission to a college or university, a law school, or to the North Carolina Bar or any amendment or in any testimony or any sworn statement submitted to the Board.
4. Misconduct in employment.
5. Acts involving dishonesty, fraud, deceit or misrepresentation.
6. Abuse of legal process.
7. Neglect of financial responsibilities.
8. Neglect of professional obligations.
9. Violation of an order of a Court, including failure to pay child support.
10. Military Misconduct. A discharge other than honorable.
11. Evidence of mental or emotional instability.
12. Evidence of drug or alcohol misuse, abuse or dependency.
13. Denial of admission to the Bar in any other jurisdiction on character and fitness grounds.
14. Disciplinary action by a lawyer, disciplinary agency, or other professional disciplinary agency of any jurisdiction.
15. Any other conduct which reflects adversely upon the character or fitness of the applicant.
The Board has developed policies and procedures from many of the above-cited examples of questionable conduct. These include but are not limited to:
A. Unlawful conduct:
The Board may inquire into arrests even if no conviction resulted. There are many reasons why arrests do not result in convictions, and many of them have no bearing on guilt or innocence. The Board is authorized to inquire into all areas of possibly relevant applicant misconduct. The applicant is required to report all incidents, and to provide evidence of rehabilitation, if relevant, and evidence of current good character. The occurrence of an acquittal or dismissal is relevant, but is not dispositive of the issue. This is not to suggest that the Board will assume that any arrest was due to guilty conduct on the part of an applicant. The applicant’s obligation is to be completely forthright regarding all matters about which the Board inquires.
If, at the time of the application, criminal charges are pending against the applicant, the Board will table the application until these charges are resolved. If a conviction results in probation, restitution or some other sentence, the Board will not consider the application until the sentence has been served and probation completed. The Board will then proceed to investigate the facts and circumstances that led to the criminal charges.
B. Making a false statement:
Dishonesty in dealings with employers, schools (including applications for admission) and authorities, including the Board of Law Examiners, is grounds for denial of bar applications. Giving false information on the application or failing to be entirely forthcoming and completely candid in the application process is a serious error which will have negative consequences for an applicant. With respect to non-disclosure on the law school application the Board will require at a minimum evidence that the applicant has made full disclosure of the erroneous or omitted information to the law school administration together with the action if any taken by the law school.
C. Neglect of financial responsibilities:
The Board recognizes that mishandling of client funds is a frequent and serious cause for professional discipline. While admission to the bar does not require a perfect credit record, the Board is interested in whether applicants have dealt honestly and responsibly with their creditors, and whether they are doing so at the time of application. Responsible dealings generally include but are not limited to keeping in contact with the creditor, making payment arrangements, and meeting the terms of those arrangements. If the applicant currently has unpaid collections, judgments, liens, or charged off accounts, in the absence of unusual mitigating circumstances, the Board considers it important that the applicant demonstrate several months payments as agreed to show a good faith effort to clear the debts.
If an applicant has defaulted student loans, the Board may in its discretion hold the application in abeyance until the applicant has made arrangements with the lender(s) for repayment of the loan(s) and has made several months consecutive and uninterrupted monthly payments pursuant to the plan agreed to by the lender(s). Any arrearage in child support must be paid before an applicant will be certified by the Board.
D. Evidence of mental impairment:
Evidence of mental impairment, including evidence of impairment due to psychiatric conditions, is one of the factors about which the Board must inquire in determining the applicant’s fitness to practice law. Board members recognize that the stresses of law school, as well as other life factors, frequently result in applicants seeking psychiatric or psychological counseling. The Board encourages any applicant to obtain such counseling or treatment when potential benefits might accrue. The applicant should not allow the bar application process to deter them from obtaining treatment or counseling when potential benefits might accrue. Applicants should be aware that the Board looks favorably on applicants’ self-recognition of their need for treatment and appropriate utilization of professional services.
E. Drug or alcohol dependency:
Evidence of impairment due to drug or alcohol dependence or abuse is a factor that must be considered by the Board in determining the applicant’s fitness to practice law. The applicant should be prepared to provide treatment records as well as other records of incidents which were associated with any impairment. The Board may require applicants to obtain a drug or alcohol evaluation from a licensed professional recommended by the Board.
An applicant who has a problem with drugs or alcohol is strongly encouraged to get the counseling or treatment needed as soon as possible. If the applicant has been impaired due to chemical dependency or abuse, the applicant’s recognition of the problem and the treatment record will be important positive evidence of rehabilitation, regardless of the seriousness of any misconduct which may have arisen from the chemical dependency.
F. Evidence of Rehabilitation
The Board shall determine whether the character and fitness of an applicant qualify the applicant to take the North Carolina Bar Examination or to be admitted by comity. In making this determination, the following factors should be considered in assigning weight and significance to prior conduct:
1. The applicant's age at the time of the conduct.
2. The recency of the conduct.
3. The reliability of the information concerning the conduct.
4. The seriousness of the conduct.
5. The factors underlying the conduct.
6. The cumulative effect of the conduct or information.
7. The applicant's candor in the admissions process.
8. The materiality of any omissions or misrepresentations.
9. The evidence of rehabilitation and the applicant's positive social contributions since the conduct.
Evidence of rehabilitation is one of the main factors the Board uses to determine whether past problems should lead to denial of an application. Under Rule .0601 of the Board’s Rules, every applicant has the burden of proving that the applicant possesses the qualifications of character and general fitness requisite for an attorney and counselor-at-law and is possessed of such good moral character as to be entitled to the high regard and confidence of the public. An applicant who asserts rehabilitation from prior misconduct which bears adversely upon the applicant’s character and fitness shall be required to produce clear and convincing evidence of such rehabilitation, which may include but are not limited to the following elements:
1. Absence of recent misconduct
2. Strict compliance with the specific conditions of any disciplinary, judicial, administrative or other order, where applicable
3. Impeccable character and moral standing in the community
4. Good reputation for professional ability, where applicable
5. Sufficiency of the punishment including payment of fines and restitution made; including the restitution of funds or property, where applicable
6. Applicant's current attitude about prior offenses (acceptance or responsibility and renunciation of past wrongdoing and remorse)
7. Lack of malice and ill feeling toward those who by duty were compelled to bring about the disciplinary, judicial, administrative or other proceeding
8. Personal assurances, supported by corroborating evidence, of a desire and intention to conduct one's self in an exemplary fashion in the future
9. Applicant's constructive activities and accomplishments subsequent to the criminal conviction
10. Applicant's candor, sincerity and full disclosure in character and fitness proceedings
11. Positive actions beyond those one would do for self benefit including but not limited to working as a guardian ad litem, volunteering on a regular basis with shelters for the homeless or victims of domestic violence or maintaining substantial involvement in other charitable, community or educational organizations whose value system, overall mission and activities are directed to good deeds and humanitarian concerns impacting a broad base of citizens
12. Demonstration of the applicant's understanding of the responsibility to the administration of justice and the practice of law .
Merely showing that an individual is now living as and doing those things that this person should have done throughout life, although necessary to prove rehabilitation, does not prove that the individual has undertaken a useful and constructive place in society. The requirement of a positive action is appropriate for applicants for admission to the bar because service to one’s community is an implied obligation to members of the Bar.
The Board will not consider witness testimony or evidence offered by a witness in support of the applicant on any issue listed above unless the witness has been fully informed of the misconduct before offering the evidence.
FOOTNOTE: These character and fitness guidelines were based on the recommendations by the American Bar Association, the National Conference of Bar Examiners and Association of American Law Schools in the Code of Recommended Standards for Bar Examiners as well on the decision and procedures used in other states.
Adopted October 18, 2001
I Am Looking For Legal Aid In Tennessee?
I Am Getting Divorced And My Husband Is Filing For Full Custody Of Our Children. They Have Lived With Me For The Last Two Years , With No Support Whatsoever From Him. Until About 8 Months Ago, He Had Little To No Contact With Them, Unless Forced To. I Have Proof That He Is A Drug User (Pictures). He Was Granted Temporary Full Custody Today At A Court Hearing That I Was Unable To Attend Because I Was In The Emergency Room With A Sprained Knee, Wrist And A Concussion. The Judge Said She Granted Him Custody Because No One Showed Up For Me, Even Though The Hospital Faxed The Information They Needed To Postpone The Hearing. I Am Not Trying To Keep The Kids Away From Him, I Just Firmly Believe That They Are Better Off Living With Me, And Visiting With Him On The Weekends Until He Is Sober And Drug Free. What I Am Trying To Find Out Is Of There Is Anywhere In East Tn (Monroe County) That Can Provide Low Cost Legal Aid? (Legal Aid Itself Wont Help, They Only Do Domestic Violence Divorces.)
Try this page:
However, if you aren't that poor you just might have to shell out for a lawyer yourself. You can also call the court clerk up and ask them if their any free resources for family law he/she can refer you to.
I looked at the Tennesee court pages and honestly I couldn't make heads or tails out of anything.
Also check with the court when the next hearing is scheduled for your case.
Waving pictures at the judge and calling your husband a drug addict isn't likely to get far. This is all he said, she said stuff and the judges just ignore it. Substantial charges like that have to be layed out in a legal form. Judges can order a full assessment done and the assessor will check into all these allegations by checking crimminal records, interviews with both you and him and see if they have any legs and report back to the court. The assessor can also order psychological exams of both parties. This might be something you need to aim for.
How Is International Law Enforced?
International laws are enforced by the nation states effected and through organisations such as the EU and UN, and through co-operation initiatives among some nation states, for example Interpol.
In regard to the first point, most countries have agreements and treatys in place with each other so that things like international law are in enforced and that there is protocols set up to cover any thing that happens. That is also why we have ambassadors and diplomatics around the world, so if a happens to a citizen of our nation or effects our nation in general, we will have treaty's, protocols, and diplomatics that will work with the other nation state to enforce the balance of power. That is why things like the UN, the EU and such are so very very important.
Why Choose Us For Injury Lawyer Houston Services?
Our injury lawyers understand that our clients are trying to deal with devastating injuries and losses; therefore, we do everything we can to help ensure that our clients and their families are kept informed and are at ease throughout each phase of the legal process. We give our clients the time to focus on their recovery, not on the intricacies of their legal matters.
Why Do Some Folks Hold Such Bad Stereotypes About Criminal Defense Attorneys, Until They Need One ...?
... If Charged With A Crime They Did Not Commit?
Because they don't know what it is all about until they need one...
I have been a defense attorney for some time, and the conversation is always the same when meeting someone new "How can you defend those people?"...The general public just does not understand that the system only works if there are two sides pushing against one another...they think that it is the defense attorney's job to decide whether or not the client is deserving of being defended...
THAT would be unethical and immoral...
An attorney has a duty to zealously advocate for the client. Sometimes that means taking him through trial in hopes of an acquittal..sometimes that means negotiating the best possible deal for the client. What DOESN'T come into play is whether I believe my client to be guilty or innocent. The day I start judging my clients is the day I don't belong in this business.
We get a lot of disdain from folks, but we are the last line of defense for the american public. Without us, the system would be a conveyor belt to prison...a cop decides you're guilty, and puts you on the path to jail...It is my job to hold the police and prosecutors to a high standard so that it isn't too easy for a person to have his freedom taken away.
And to the guy below who thinks that the public defender owes a duty to the public: You are completely wrong. The public defender is paid by the government because the defendant has a constitutional right to effective representation. A public defender has all of the same duties to his client that a private one does. The only difference is that he gets paid a lot less...
What Does The Title 'Senior Counsel' Mean At A Corporate Law Firm?
How High Is That In Terms Of The Rank Of The Individual In The Firm?
Senior Counsel is somewhat of an amorphous title at a law firm. Generally speaking it is a position that is higher than that of an Associate but lower than that of an Equity Partner.
To understand this better it helps to understand the other possible positions one may hold as a practicing lawyer in a law firm and they are as follows:
1. Associate - Sometimes the terms Junior and Senior precede this but basically this is an attorney that works for the firm on a salary.
2. Equity Partner - This is a lawyer who is a part owner in the law firm. As such he or she gets paid a percentage of the firm's net profit. In a successful law firm this is generally considered to be the ultimate career goal within the firm.
3. Contract Partner - This is a lawyer who does not have any ownership interest in the firm but is paid based on hours billed and the amount of client work he or she brings to the firm.
4. Senior Counsel - This is a lawyer that has a status that is higher than that of an associate but lower than that of an Equity Partner and in some firms, a Contract Partner. It is a title granted under numerous circumstances.
One of my friends was made Senior Counsel at a large prestigious law firm based on the fact that she was an extremely efficient, effective and well-liked senior associate within the firm but was not really partnership material because of her lack of client production and need to cutback hours to spend more time caring for her 3 children. Rather than lose her the firm offered to make her Senior Counsel, cut back her hours and have her paid on an hourly basis with full benefits.
Another friend was promoted to Senior Counsel because the firm was not prepared to offer him equity partnership but he needed to have a better title for marketing purposes as the only attorney who had the legal skills and ability to produce clients in a particular area of law, and because he needed more administrative control over his client relationships (which he was granted as part of the promotion). As part of that promotion he also received a percentage of all money collected for clients he produced for the firm.
In many firms when an Equity Partner's productivity goes down, he or she may often be downgraded to a Senior Counsel position. He or she may continue to draw income based on productivity, but is no longer an owner of the firm and generally speaking makes less money than when he or she was an Equity Partner. This is often an interim position prior to retirement for former older Equity Partners.