Lawyers: Without them there is no justice!

  

Lawyers: 
Without them there is no justice! 





The law, which is the working tool of lawyers, before a college subject, or a science that studies laws, is the human means of achieving social justice. Half human because it is made by humans, all imperfect, but the only being on planet Earth that is capable of thinking. 

The lawyer is a liberal professional, graduated in law and authorized by the competent institutions of each country to exercise jus postulandi, that is, the representation of the legitimate interests of natural or legal persons in or out of court, either between themselves or before the State.The lawyer is an essential piece.

Therefore, advocacy is not just a profession, it is one of the elements of the democratic administration of the Power judiciary.  It is the professional responsible for guiding and clarifying legally who visits it. It can act in various fields of law: constitutional, administrative, tax, commercial, civil, labor, electoral and criminal.

The practice of advocacy can be broken down into seven basic legal functions:

Legal advice (internal or external, including negotiation support, in real time);

Legal advice (external or internal - Outside Counsel - In-House Counsel);

Attorney general;

-Legal audit;

-Legal controller;

-Legal planning;

-Legal education.

Thus, lawyers act in addition to providing legal advice, which is to verify important legal business, to prevent problems of future and possible litigation, either "auditing" or "controlling", to use the terminology of the science of administration. The lawyer may also be an expert in an area (branch) of law, such as the criminal lawyer, for example.

The Importance of the Lawyer 

 The lawyer (feeling broad) is the professional who defends the law. The operator of this science has a very important role in society: ensuring good law enforcement, a just and democratic society and helping the weak  

This noble professional (the lawyer) works for society and not for himself. The role of the lawyer to guarantee and fulfill the right of his client, in a society that is increasingly complex and bureaucratic, there must be a professional responsible for deciphering the tangle of information that affects the citizen daily. Besides giving clarity to the problems, the lawyer also plays the role of counselor and defender of the rights of the individual.

Unfortunately, in recent years, the Judiciary, and also some lawyers who act in a particular way, have distorted the function of Law, which little by little contributes to the loss of respect for this noble profession, which (respect) was won during centuries, and why not say millennia.

The student of law spends seven years dedicating himself to the baccalaureate, They are pages and pages of laws, doctrines and jurisprudence studies that prepare the lawyer to fulfill his role in society. 

It is worth remembering that this distortion (cited above) of function not of the class of lawyers, but of some people who take advantage of the knowledge of the Law to profit for themselves, forgetting these, that the Law was made for the next and not for the interpreter.  

  

Private Lawyer and Public Defender 

The defense lawyer, or simply defender, is the one who defends the defendant in the courts and has the mission of in case of innocence to request acquittal or guarantee a properly balanced sentence, with application of the applicable mitigating factors in each case.

Defense is possible only if the legal prerogatives guaranteed to the lawyers are secured, being one of the most noble intellectual activities and escorreitas.

In case of the impossibility of hiring a lawyer, the State is responsible for appointing one to the accused.

Lawyer Volunteer

Voluntary lawyer is the one that provides legal assistance without pecuniary consideration of the assisted or of the State, in any capacity. To act as a volunteer lawyer, the interested party must register in the region in which he intends to act and commit himself to help people in need without receiving a fee. 

Criminal lawyer

Do not judge your customers. The duty to judge is of the judge. Criminal lawyers defend individuals or institutions found guilty or innocent. The person who chooses this area to act must understand that he is defending the rights of his client, not the crime for which he has committed or is being charged. It is essential for the fulfillment of justice. When he obtains the liberty of someone, or a certain penalty is reduced, one should not understand that he is acting "against the interests of society," since the granting of the benefit was given solely and exclusively by the law itself. 

Civil Lawyer

 is the professional responsible for acting in the field of law that regulates relations between individuals who are in a situation of balance of conditions, establishing parameters that govern the legal relations of natural and legal persons. A Civil Lawyer acts to defend the civil rights of its clients.

It is under the responsibility of a Civil Lawyer to provide legal advice which consists of verifying important business under the legal aspect, to prevent problems of future and possible litigation, to work in a consultative and preventive manner in the resolution of conflicts related to the natural person, the family , to assets and their form of acquisition, succession, fulfillment of obligations and contracts, also works with business law, which is understood within the Civil Code and other specific laws.

For the professional to have a good performance as a Civil Lawyer it is essential to have a critical sense and a sense of ethics. The professional responsible for defending the civil rights of its clients relates to all civil area. 

civil rights refer to individual freedoms, such as the right to come and go, to dispose of one's own body, the right to life, freedom of expression, property, equality before the law, not to be tried outside a regular process, not have the home violated.

6 Tips For Hiring A Lawyer And Do not Regret 

1 The lawyer's indication is a good source: If your friend liked it, it was because he was treated well (independent of having had a good result in the action or not) 

2 The lawyer may or may not charge the initial consultation: It is an option of every professional, and does not mean that the lawyer who charges is a mercenary.  

There is no general rule, however, each bar association has its own code of ethics, which regulates attorney's fees. In most states, the question of whether a lawyer's fees are reasonable or not will depend on several factors, including the experience, competence and reputation of the lawyer. Another factor is the local market value. But be warned: when you pay, it is better to ask more detailed questions and get out of there with a good sense of what will happen judicially. Paying the consultation, the analysis of the case deserves to be further investigated. Also, always ask for a payment receipt, it's your right! 

A good indication that the lawyer is serious is that he will give you the receipt without you ask, because he knows that it is his duty! 

3 Price: This subject is usually the most sensitive, but it should not. More important is quality and empathy.

There is no fixed rule for setting rates, but there are some parameters. which determines the minimum value of services in general. This table varies by state. 

I think it is good practice for the lawyer to explain, in a simplified way, the reason for the amount charged, since the client often feels exploited by the lawyer. - which could easily be remedied case the lawyer explained the complexity of the work. I  know that between the whimsy value and the absurd, there is a worthy value compatible with the experience of each professional. 

Getting to know the lawyer 

The client will probably keep in touch with the lawyer for a long time, since the slowness of the Judiciary is an insurmountable factor. Empathy is essential. Rude lawyer with your client is not a good lawyer. The code of ethics provides that the lawyer must treat everyone with respect; acting differently is not compatible with advocacy. The client should therefore choose the lawyer he feels comfortable with, with whom he pays attention: answering questions, returning e-mails and phone calls, constantly presenting news about the progress of each case under his responsibility, even if it is to say that nothing happened. The good lawyer is sensitive to the client's anguish, and considers the emotional factor of a lawsuit. There are those who prefer cold lawyers, understanding that detachment brings better quality to the lawyer's work. I do not think so, but it's all a matter of opinion! 

Ethics of the lawyer 

Seeking such characteristics of these professionals, the Council of the Bar Association established for lawyers the Code of Ethics and Discipline, guiding the principles inherent to conduct and professional conscience, who must fight for the primacy of justice, always praising respect for the Constitution . and laws, aiming at their correct interpretation, always objectifying the common good and being faithful to the truth, always proceeding with loyalty and good faith in their actions. 

- To fight without fear for the primacy of justice 

- To be faithful to the truth in order to serve justice as one of its essential elements;

- To act with loyalty and good faith in his professional relations and in all the acts of his office;

- Strive to defend the causes entrusted to its patronage,  giving the constituent the protection of the right,

 - To practice law with the necessary professional sense, but also with detachment, never allowing the desire for material gain to meet the social purpose of his work; 

- Act with fearlessness, independence, honesty, decorum, truthfulness, loyalty, dignity and good faith;

Customer Relations 

The lawyer must maintain an ethical stance with his client, informing it of all the risks arising from its claim and demand, in addition to giving him accounts, at the end or not of the mandate, if requested by him. The lawyer must refuse to defend causes contrary to ethics the morality, or the validity of the legal act in which it has collaborated, however, in the case of a criminal defense, he assumes causes, without considering his own opinion on the guilt of the accused  

     Professional Secrecy   

   The profession of lawyer requires professional secrecy, which must be obeyed by all, provided that such secrecy does not bring serious threat to life and honor, or also, as long as the lawyer is not confronted and intimidated by the client due to keeping a secret . The lawyer must obey the Code of Professional Ethics, as this is not a mere recommendation, but rather a legal norm with mandatory and subject to disciplinary sanction. Compliance with professional ethics is obligatory not only to lawyers and law firms, but also must be complied with by the trainees in all that apply to them. It is expected that the defender of the law, certain attitudes that combine with his social function, since it is not acceptable ambiguities between his professional career and his personal life, since both must be synchronized  aiming at a good professional ethical framework, avoiding conduct that denigrates or tarnishes the name of the class, for example: that professional who fiercely seeks condemnation of an aggressor of women, and at home the professional beats the wife. 

The lawyer is an extremely important piece in the defense of the rights of society, where a correct and fair action is expected, aiming at the guarantees of citizens. To this end, this professional requires an exemplary ethical conduct, seeking a higher quality in the rendering of his services to the community, which expects that such functions will be occupied by honest and honest beings. As in any other area where there is a provision of services, it is important to recognize the professional who is actually solving a problem. In advocacy  it can not be different! 

 "The lawyer is of little value in quiet times: his great role is when he must take the power of the despots, presenting before the courts the supreme character of the free peoples"

Ruy Barbosa 

   

 -Ana Paula Menezes-