Legal Essay on Role of a Lawyer Text

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The criminal justice system is viewed as a three part system consisting of the judge and jury, the prosecutor, and the defense lawyer. The role of the judge and jury is to render an impartial decision based solely on the facts presented and the laws applicable to the charged offense. In order to decide impartially, the judge and jury must be able to hear arguments from both sides. The prosecutor's role is to argue the side of the state that seeks to prove the defendant's guilt. It is enough simply to point out ways in which the state has not established guilt e.g.

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The criminal justice system recognizes that in a criminal proceeding the state is asserting its ultimate authority over a single civilian the defense carefully observes the use of this authority. Furthermore, different safeguards are in place to prevent abuse of the state's power. The state bears the highest burden of proof, and must show that a defendant is guilty beyond a reasonable doubt of the crimes he is charged with.

That is, he need not present any evidence and he need not testify or give his own version of events. The state may not comment on the defendant's decision not to testify and the jury may not consider it in evaluating the case. Many procedures are in place related to the investigation and the arrest of the defendant to ensure all evidence is accurate and that the correct person is charged with a crime. Defendants possess civil rights to ensure they are treated fairly and given an opportunity to argue their case. The defense lawyer presents all evidence to rebut the prosecutor's arguments and challenges all questionable assertions of facts by the prosecutor to ensure that the high burden of proof is met. The defense lawyer challenges procedural errors and may seek to have charges dismissed because of unreliable evidence or testimony. The defense lawyer informs the defendant of his rights and defends those rights to ensure they have not been violated.

It is important for a defendant to obtain the help of a defense lawyer as early as possible. There are many actions a defense lawyer can take to protect and aid a defendant in the early stages that may not be possible as the case progresses. The defense lawyer can inform the defendant of his rights at the outset such as the right to remain silent so that the defendant is aware of them and can benefit from them. The defense lawyer can seek the temporary release of the defendant through bail, allowing the defendant to better assist in the preparation of a defense. The defense lawyer can negotiate with the prosecutor to have charges reduced or even dropped. In addition, the defense lawyer is able to counsel the defendant on different strategies and arguments that can be used in the case as well as the benefits and drawbacks for each one. The defense lawyer works with the defendant and other witnesses to understand the defendant's version of events and to determine an appropriate defense e.g.

The defense lawyer can provide advice on what plea to enter, whether to accept a plea agreement, whether to waive a jury trial, and whether the defendant should testify on his own behalf. The defense lawyer can determine which witnesses to call and how they should be examined. The defense lawyer can determine which potential jurors might be biased against the defendant and seek to remove them from the jury panel. the role of the legal adviser list of literature bilder, richard b. the office of the legal adviser: the state department lawyer and foreign affairs. International law and united states foreign policy: some reflections on the asil/ila report on the role of the legal adviser. collections of essays collection of essays by legal advisers of states, legal advisers of international organization and practitioners in the field of international law. In: essays on international law, asian african consultative committee, fortieth anniversary commemorative volume, new delhi 1997.

guillaume, gilbert droit international et action diplomatique le cas de la france. krafft, mathias l'attitude de la suisse а l'йgard du droit international. Contains background papers from canada, colombia, japan, malaysia, mexico, netherlands, nigeria, the philippines, united arab republic, united kingdom and united states of america. pйrez giralda, aurelio la asesorнa jurнdica internacional de gobiernos desde la funciуn pъblica.

In: iniciaciуn a la prбctica en derecho international y derecho communitario europeo. sapiro, miriam advising the united states government on international law. schwebel, stephen m. remarks on the role of the legal advisor of the us state department. sinclair, sir ian the practice of international law: the foreign and commonwealth office. watts, arthur d. international law and international relations: united kingdom practice.

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williamson, edwin d. international law and the role of the legal adviser in the persian gulf crisis. yachi, shotaro the role of the treaties bureau of the ministry of foreign affairs in japan's foreign policy decision making process. the role of the legal adviser of the department of state a report of the joint committee established by the american society of international law and the american branch of the international law association. When people hear the word lawyer being spoken, they usually think of an individual who goes to court everyday and stands before a judge defending the freedom of another individual. This is true in some cases however, there are many different types of lawyers with a variety of job responsibilities and duties.

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No matter what type of lawyer one may be they ultimately have an extremely important role in the lives of others.

what is a lawyer?

a lawyer is an individual who defends a person or entity in various legal proceedings. The legal proceedings may fall into a variety of different categories yet most are either considered criminal litigation or civil litigation.

The lawyer is a person who acts on behalf of another and voices the opinion of their client in a manner which is in their best interest.

what are the general responsibilities of a lawyer?

there are many different general responsibilities of a lawyer. This individual will represent clients in court, mediations, business transactions and other important legal proceedings or arrangements where the law will be discussed. The lawyer meets with the clients before, during and after legal proceedings to ensure that the client fully understands all aspects of their case. In general, the lawyer is the individual who represents another in all issues where legal representation is advised and deemed necessary.

what are the specific duties of lawyers?

a lawyer has many duties relevant to their occupation. One important duty that the lawyer must perform in their profession is maintaining client contact. Lawyers always represent someone, whether it be an individual or entity, and therefore it is important that the lawyer report all progress and pertinent information to their client in order to keep them well informed. Another specific duty of lawyers is to provide in person representation at court hearings and other legal proceedings.