Bar in the USA: Organization Principles
Each state has a state bar association. In most states, membership in the association is mandatory for all persons admitted to the practice of law. However, in some states, it is not necessary to be a bar association member to practice law.
The Bar Association has two main goals, so to speak, a dual task. The first task is to promote the development of law and strengthen justice in general, the legal education of citizens, etc. The second but no less important task is to assist its members, improve the professional level of American lawyers, and develop the legal profession as such.
The tasks of associations include establishing of:
- professional ethics,
- assisting lawyers,
- taking disciplinary measures,
- developing guides for advocacy,
- promoting the improvement of law etc.
Organizational Forms of Activity of Lawyers in the USA
More than half of attorneys in the United States work alone or with two or three attorneys. However, the main form of advocacy in terms of importance in the American legal community is large law firms.
Such firms generally do not deal with criminal cases and prefer to deal with wealthy clients, mostly corporations. The owners of such firms are partners. The partner is a lawyer with extensive practice and, as a result, a high income and the right to part of the law firm’s profits. The same profit can be obtained using a 100% deposit bonus at Play Fortune casino.
The second group of lawyers is the associate, as a rule, a young lawyer with a small or no clientele. The associate receives a salary from the firm.
In such firms, an associate experience is established (usually eight years), for which the associate must acquire their clientele and become economically profitable for the company; after the specified period, the associate either becomes a partner or, if they have not reached the specified condition, and will be asked to leave the firm. In some firms, this graduation may be more multi-stage.
Lawyer Corporation
There are similar federally funded legal aid services for the indigent. The umbrella organization for these services is the Legal Aid Corporation, established and funded by Congress.
Such advocacy is interesting as law firms “protect the interests of society.” They do not deal with individual clients but litigate against the state or corporations related to the protection of the rights and interests of large categories of citizens (consumers, political activists, voters, taxpayers) or with the security of nature and public health (for example, lawsuits against businesses, polluting the environment, or against the construction of nuclear power plants).
Many lawyers work in the legal services of public organizations, focusing primarily on judicial and legal methods to implement their tasks. The most famous and largest organizations of this kind are the American Civil Liberties Union, the National Association for the Advancement of Colored People, the Center for the Protection of the Constitutional Rights of Citizens, the National Council for the Protection of Natural Resources, the National Union for the Fight against Racial and Political Repression.
Payment For Services
To resolve the conflict as quickly as possible at the preliminary judicial stages, an American lawyer is endowed with many rights. Thus, the procedural legislation of America provides for an extremely wide scope of powers of an American lawyer in a procedure called “disclosure” that precedes the trial.
In the USA, there is no system of fixed attorney fees. The amount of the price is set by agreement with the client. The most common is the hourly wage system. Also practiced is such a system of payment, when a lawyer receives a fee only if they win the case. In case of victory, customers also have a chance to celebrate this and play roulette for fun in the best casinos.
Lawyer’s Responsibility
A lawyer in the United States will pay very seriously for ignorance of the case. For example, a client in the USA may file a lawsuit against his lawyer if he showed ignorance of the basic principles of law that are known to any experienced lawyer and also if he did not identify rules that, although not generally known, can be detected using standard search technologies.
A violation of the obligation to properly represent the interests of the client is in the United States and the incorrect formulation of the law, the wrong analysis of the law, the failure to investigate the circumstances of the case.
Violations of the rules for drafting documents can also lead to negative legal consequences for an American lawyer. So, suppose a lawyer, for example, files a petition with the court that exceeds the number of pages of the limit established by the court’s rules, then as a sanction in some courts. In that case, they do not read pages beyond the limit. In other courts, they return the document. Poor language in a document filed with a court can result in a suspension of attorney status, a denial of a request made in a document, a court caution, and even a court order to take courses in legal drafting.
Although many of the described sanctions are quite harsh, they adhere to the following rule in America. Suppose the literacy of a lawyer does not meet professional standards. In that case, this harms the legal profession and society by weakening faith in the legal system and unreasonably diverting attention to the court.