Monday 15 October 2007

Who regulates lawyers

A key difference among countries is whether lawyers should be regulated solely by an independent judiciary and its subordinate institutions (a self-regulating legal profession), or whether lawyers should be subject to supervision by the Ministry of Justice in the executive branch.

In most civil law countries, the government has traditionally exercised tight control over the legal profession in order to ensure a steady supply of loyal judges and bureaucrats. That is, lawyers were expected first and foremost to serve the state, and the availability of counsel for private litigants was an afterthought. Even in civil law countries like Norway which have partially self-regulating professions, the Ministry of Justice is the sole issuer of licenses, and makes its own independent re-evaluation of a lawyer's fitness to practice after a lawyer has been expelled from the Advocates' Association. Brazil is an unusual exception in that its national Order of Advocates has become a fully self-regulating institution (with direct control over licensing) and has successfully resisted government attempts to place it under the control of the Ministry of Labor.

Of all the civil law countries, Communist countries historically went the farthest towards total state control, with all Communist lawyers forced to practice in collectives by the mid-1950s.

Five Steps to Selecting the Right Mesothelioma Attorney

Selecting an attorney to represent you in a mesothelioma or asbestos lawsuit is an important decision that should be made carefully. Below are five points to consider when making that decision:

1) Ignore the Ads


Many asbestos lawyers advertise on television, however, you should not use a TV commercial as the reason to hire an attorney. Actual credentials are what counts. For example, what type of accomplishments has the lawyer achieved? How committed are they to cancer cases? How many other cases have they handled? Many of the best firms do not advertise much because they do not have to.

2) Bigger is Not Better


Big law firms with lots of money and lawyers are not always the best choice for a client. At larger firms, a client may be handed-off to paralegals and younger staff attorneys. (The "big guns" are the ones who show up in court if the case ends up going there. But, most asbestos cases are settled out of court.) You don't want a young lawyer to "learn the ropes" at your expense. It's best to find experienced lawyers who will personally handle your case regardless of the size of their offices or staff. In addition, the lawyer or law firm you choose does not have to be in the same state as you. Most lawyers are able to practice in any state for a specific case.

3) Understand Fees

Contingency is the term that means that the lawyer gets paid only after they collect money for you. Nearly all asbestos related lawsuits are handled on a contingency basis. The amount of the contingency fee that your lawyer can charge varies by state. It is usually between 33% and 40% of the amount that is awarded to you after expenses are deducted. It is important to discuss fees penly, ask what services they cover, and whether there will be any extra charges.

4) Trusted Partner

For something as important as a mesothelioma lawsuit, your attorney should not only be experienced, skilled, and dedicated, but also a trusted partner who keeps you well informed. You have the right to know and understand every step of the legal process and to be included in key decisions about your case. You should ask a potential attorney to explain how they intend to include you in the decision-making.

5) Warning Signs

Finally, here are three warning signs that an attorney may not be right for you:
  1. The lawyer is hard to reach, does not return calls promptly, or your calls are returned by someone else.
  2. The lawyer seems uninterested in your opinions.
  3. The lawyer asks you questions that make you doubt their competence or experience.