BUS_305_ROLES_OF_ATTORNEY_ESSAY - Mark Meggison 1. Describe...

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Mark Meggison 1. Describe the four primary roles or functions that an attorney plays. Attorneys are the foot soldiers of the U.S. legal system. They work in different fields, singly or in different sized firms, in private practice or government service, and in diverse capacities. In the U.S., while all practicing lawyers have graduated from an ABA-approved law school which has provided them a familiarity or mastery of the laws and how to conduct legal research within the legal systems in which they practice, there are four basic roles they take on while representing a client. Those roles are that of a client’s advisor, drafter, negotiator, and advocate. A part of all of these roles is that of the attorney as confidant. Any information a client provides in confidence will not be disclosed unless allowed by the client. An attorney can not, though, aid knowingly in perpetration of crime. This composition will briefly explain each of those roles, and give a brief example of how I’ve personally been served by attorneys playing those roles as a member of a board of directors of a homeowner’s association. Individuals and businesses often seek legal advice from an attorney concerning a situation in which they find themselves where appropriate legal action is needed. Situations in which an attorney is approached for advice could be specific concerning a current happenstance or in order to obtain advice to be used in the future. In both cases the attorney is giving advice based upon her knowledge of the laws of that jurisdiction, or the research that has been done concerning the matter of law. The attorney can frame the situation and often predict which actions would be lawful and which would not. When an attorney is practicing preventive law, he is giving legal advice that advises the client how to act legally, predicting legal problems, and suggesting preventive actions to minimize exposure to legal problems. In our HOA, we’ve recently had to seek legal remedies from homeowners who do not
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This note was uploaded on 03/24/2008 for the course BUS 305 taught by Professor Schantz during the Spring '08 term at N.C. State.

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BUS_305_ROLES_OF_ATTORNEY_ESSAY - Mark Meggison 1. Describe...

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