Attorney, in law, any person authorized by another to represent him or her. An agent who has been granted express authority to bind his or her principal is called an attorney in fact. Such authority is usually granted by a written instrument called a power of attorney. The powers conferred may be general, as when one gives another a mandate to manage all one's affairs during an absence, or special, as when the authority extends only to a particular business, or is otherwise limited or qualified. The term attorney at law is used in the United States to denote a legal adviser or representative in all manner of business. In Britain, upon the fusion of law and equity by the Judicature Act of 1873, the two classes of attorney and barrister were united under the name of solicitor in the High Court of Justice.
The duties of an attorney are to act with diligence and fidelity to one's client and to show average prudence, knowledge, and skill in professional dealings. In order to settle an action, the attorney requires, as a rule, the special authority of the client. No attorney can be compelled to reveal confidential information related by a client.
Attorney Jay Feinman, professor of law at Rutgers, the State University of New Jersey in Camden, offers practical advice to help determine when a lawyer is needed, when a lawyer isn’t needed, how to find a good lawyer, and how to lower legal expenses.
Seeking Legal Help
By Jay M. Feinman
You are likely to need a lawyer at some point during your life. But you probably don’t want to seek out—and pay for—professional legal counsel more often than necessary. Knowing when you need a lawyer, and when you can get by without one, can save you a lot of time and money.
When You Don’t Need a Lawyer
You probably don’t need a lawyer if there’s a cheaper or easier way to handle the situation effectively. Consider a typical example: The new stereo for your car breaks the first time you use it. You could call the store manager and ask for a replacement. If that fails, you might write a letter of complaint to the store’s consumer affairs office. Structuring your letter well will increase your chances of getting the response you want. If these approaches prove fruitless, enlist the help of a consumer advocacy organization, such as the Better Business Bureau or your local consumer protection office.
You don’t need a lawyer if there’s not enough at stake to justify the time and expense of hiring a lawyer. If all else fails in the case of the broken car stereo, you could hire a lawyer to help you sue the stereo store. But common sense says it’s just not worth it; it will most likely cost less to buy a new stereo than to pay a lawyer.
You don’t need a lawyer if there’s a relatively small sum of money involved. Cases involving a few thousand dollars or less can generally be handled in small claims court, often without the assistance of a lawyer. There are many resources on the Web designed to help citizens navigate the small claims court process and learn how to sue in small-claims court.
You don’t need a lawyer if you want to fight a parking ticket or a minor traffic violation. Minor traffic offenses, such as running a red light or a making an illegal turn, can often be resolved without an attorney. But for serious traffic offenses, such as driving while intoxicated, you should consult a lawyer immediately.
When You Need a Lawyer
You need a lawyer when you are charged with a crime, you think you may be charged with a crime, or you are under investigation by the police. In criminal law, where the procedures are complex and the stakes are high, it’s best to get advice from a lawyer. This does not include minor traffic offenses, which can often be resolved without an attorney. But it does include more serious traffic offenses, such as driving while intoxicated.
You need a lawyer when you are engaged in a significant business transaction. If you are going into business, for example, you’ll need to make lots of decisions, beginning with which type of legal structure to use. It’s best to consult a qualified lawyer when making any business-related decisions with important legal or financial ramifications.
You need a lawyer when you are considering buying or selling a home or are involved in some other transaction where a lot of money is at stake.
You need a lawyer when someone sues you, or you intend to sue someone.
You need a lawyer when you have substantial debts. Consider consulting a lawyer about filing for bankruptcy or other remedies.
You need a lawyer when you are asked to sign an employment contract, or if you think you have been unfairly fired. A lawyer can help you navigate the intricacies of wrongful discharge suits.
You need a lawyer when you are considering a major change in your family circumstances, such as adoption or divorce. The legal issues surrounding adoption vary from state to state. Divorce law is equally complex. Preparing for future changes in family circumstances is also important. This includes tasks such as drafting a will and planning what will happen to your family after your death. A lawyer can help you get started with will and estate planning.
