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The Difference Between Litigation and Trial Lawyers

Matters involving guardianship , probate estates, wills and trusts sometimes can end up in court. Thus you need to have the best lawyer to go through the court processes in order to get justice.

What might appear to be a trust administration and simple probate at the start , may turn unexpectedly into a litigation matter when a spouse ,child or other beneficiary is either unhappy .The office attorney who handles the trust administration or probate up to a particular point thus doesn’t handle disputed matters hence recommends to the client to hire another lawyer to deal with the litigation segment.

LitigationThere are a lot of situations where litigation suddenly happens to be the order of the day. In this scenario, there is need to bring a new lawyer into the matter and, as a client, you need to know how lawyers work and how these kinds of matters are handled in court.

There are essentially two kinds of lawyers that handle these cases. First, are those who handles the whole litigation from the beginning to end including personal , if necessary, conducting of the trial of your case. Secondly ,those who handles the preliminary matters but don’t have the essential trial skills and brings in another lawyer at the last minute ,which means you are paying either two or three lawyers ,who actually conducts the trial, if it comes to point. Thus, a lawyer may express himself or herself as a fiduciary “litigator,” but may not mean him or her fiduciary or probate “trial lawyer.” That distinction is significant!

A trial lawyer essentially prepares the case for trial, goes to the trial, cross examines witnesses and makes the argument to the judge – in other words, the one who handles the final vital part of the case .The litigator can argue during preliminary hearings and attend arbitration to try settling the case – but if the matter can not be settled, thus another lawyer is needed in the case to conduct the trial.

Even though there are distinctions between the two attorneys, those variations do not make one better than the other. They each serve diverse functions and perform diverse roles. Working with both types gives you the best of both scenarios: a skilled lawyer familiar with the ins and outs of your case and a specialist presenter who can argue best in court in your position if it gets that far. Many law firms have both lawyers and litigators on staff, giving you access to both kinds of specialists less than one roof.

Lastly, if you prefer to have a single lawyer to represent you through the whole process make sure that you ask about his or her experience in court and particularly if it has included cases involving the same legal subjects as yours. Then you will need to decide if the lawyer has the experience you need to carry out your case through to the end or if you are better off to begin with a litigator and hiring a trial lawyer if when your case gets to the courtroom.

How To Pass The LSAT

To pass a test, a candidate must know what is tested, and how the test is presented. The LSATis made of five 35-minute questions of multiple-choice. Four sections of the five contributes to the score of the student. The other section is variable, which is used to pretest new questions of the test.

The LSAT measures essential skills for success in school of law, i.e. to read and comprehend complex texts with insight and accuracy.

The multiple-choice questions in the LSAT test are:

LSATReading Comprehension Questions. These tests the ability to read and understand with insight, some lengthy and complex materials like those found in law school.Analytical Reasoning Questions. These tests the ability to comprehend a structure of relationships and ability to draw conclusions about the structure. Logical Reasoning Questions. These tests the ability to analyze, evaluate and complete arguments in the normal language.
LSAT Tips to pass the exam are;

  • Take a preparation course on LSAT to have a good score – Having someone who understands LSAT teach you is the best way to prepare, and makes you commit to the study because you are paying somebody.
  • Don’t Over-Study Spend a few hours each day to prepare. Many students are burned because they over study and get mental blocks. Take a few days off in a week.
  • Limit the Study Aids You Use – Select a few materials that you think are the best and stick to them. Use of many study materials may give conflicting ideas which may confuse you.
  • Know the background of your college. This is not an academic test like legal history. Take a few right classes to help you polish your mental skills that will be tested in LSAT test like ethics, philosophy, political science, and literature just to improve your reading and reasoning power.
  • Don’t think you will get everything right – it is not a must that you answer correctly all questions to have the perfect score of 180. In fact, you can score 2 or 3 wrong and pass.If you score 75% of LSAT questions, you will beat more than 90% of test takers.If you get 50% of LSAT questions, you will beat more than 40% of test takers. Since all LSAT questions have same value, cut your score losses by skipping hard questions.
  • Don’t leave empty bubbles. Before the test ends, go back and fill any empty bubble. You will not be penalized if the answer is incorrect, but you can get some marks there which can make the difference between 155 and 157.
  • Don’t try to answer all the questions. Try few questions and make sure you give them full attention rather than rushing through the sections just to see all the questions. Some questions have catches for students so it is advisable to go slow on your work. If it requires only 65% to pass, make sure you optimize your options. If you feel you should attempt few questions, just do 3 of the 4 games in logic games section, and skip the one hard for you and fill all the bubbles as provided by rule number 2.
  • Practice under similar conditions. In your practice, use same approach for LSAT. Do what you will do in the exam day. Time yourself, in the same conditions, and similar desks.
  • P.O.E. Use the strategy of process of elimination. In Logical Reasoning and Reading Comprehension sections, many answer choices have the same creativity. Focus on why an answer is wrong rather than why it is right. Be fast in skimming the answers that have flaws, by eliminating them, you will be left with great chances of getting right answer.
  • Keep your pencil always moving. This test takes more than 4 hours. It is good to keep your pencil moving to keep you focused. This test will test more of your endurance, focus and raw determination.

Finally, on LSAT Tips, the most important thing is practice, practice and then practicve some more!

How To Become A Lawyer – From Zero To Hero

How To Become A LawyerGenerally, becoming an attorney and practicing law is not very simple even though a career in law can be extremely rewarding and it can be done well by many people regardless of their educational, ethnic and cultural backgrounds. Attorneys are both advisors and advocates meant to assist solve or prevent legal problems for other people. For instance, an attorney may assist in drafting a will, advice someone who wants to divorce, assist an improvised tenant having dispute with landlord, prosecute a defendant in a criminal trial, and prepare mortgage and many other loan documents for a bank among other things.

Many Choices

An attorney may opt to serve as a general counsel for a corporation, choose to become a lawyer in a big and reputable firm, work for a legal services agency and assist destitute families in resolving their crises or become a public defender, prosecutor, city attorney or county counsel. It is important to note that an attorney’s choice of legal fields varies depending on the society in which the lawyer comes from and the available nature of the law related work within each field also varies. It is necessary for attorneys to go to school for three years after finishing their college education.

The Power Of Communication

There are some basic things that any good lawyer must be able to do. These include reading and understanding well, being able to write and communicate efficiently, ability to speak well in front of other people, be well organized, always keep time, finish assignments as instructed, ask questions in case they do not understand, always be open minded to listen well when others are talking, and be honest and able to keep secrets. Other skills that can be developed by students to assist them prepare to become attorneys include; developing team working skills, knowing how to research a topic on their own very keenly and develop the skills to take good note. Becoming involved in speech, theater and debate can also assist.

Study Hard To Be A Lawyer

It is very important to obtain good grades in all your classes in high school and also develop your general communication as you prepare for law school. An attorney is mainly meant to efficiently communicate ideas in both written and verbal form. Therefore, it is essential to begin reading magazines and newspapers to be updated of crucial issues in your community. Remember that applying to law is a long process since you must take the Law School Admission Test nearly a year before beginning law school. You also have to fill out the school applications which in most case entail solicit letters of recommendation and writing a personal essay.

It is also important to keep in mind that the admission to law school can be too competitive hence advisable to apply to at least four accredited law schools. In case you are seriously interested in becoming a lawyer, you should also consider contacting legal service organizations, local law offices and many other law related entities to see if they need any help even as a volunteer. Being exposed in the legal field will benefit you very much in your future legal career.

Winning Courtroom Strategies

The success of a lawyer in a lawsuit can be attributed to vast experience. But there are certain practical courtroom strategies that you can implement to effectively win the admiration of the judge and the client. Even if you are representing a client for the first time, the first impression is vital to win you over. The trick lies in thorough preparedness, and not impressive portfolios.

Outwork the prosecution team

Courtroom StrategyWhen you are in the defense team for a lawsuit, the prosecution is likely to hit you hard with facts, laws and regulations of the state. Outdo them by doing an in depth study of the legal framework surrounding the case. Do an independent investigation in to the matter as you interview your client. Get as much details as possible. In fact, some lawyers get to the point of forcing the prosecution to surrender information. The basic point is to study the facts provided by police and witnesses. Then refer to the constitution and otherlegislation. By carefully sifting all details, you stumble upon an idea, lead or fact that the opponent didn’t see and that you will exploit fully for your advantage.

Be ready for surprises

It is not uncommon for defense witnesses to change their stands once trial begins. This eventuality from your defense witness can greatly throw you off balance. Being ready means developing alternative strategies should plan A go wrong. In the eyes of the judge, you will look more knowledgeable. This is where experience comes in. Winning courtroom strategies will be best captured by how strong your ethical and moral background is. In this regard, thoroughly prepare as many witnesses as possible. But, do not bribe them.

Use humorous statements

Using good humor assigns you a leadership role. Leadership is essential in controlling the direction of the case your way. As the courtroom is usually full of tension and seriousness, getting people to laugh will endear you not only to members of the public and the court officials, but also to the judge. Having succeeded in breaking the tension, they will listen keenly to what you say next. After warming their hearts, capitalize on the newly acquired confidence and leadership to pursue the case. Any further aggravation of tension will only put them off. In fact, they will see you as boring, inhuman, emotionless and even hostile.

Look out for nonverbal cues

A way of exploiting an error by your opponent’s witnesses is by pinning them down. If you note any confusion or delay in answering or confusion, that could be a sign of weakness on their part. Point it out and even offer to assist them. Similarly, when the judge is fixated on you as you speak, it could be a sign that he likes what you are saying. Give him an equally authoritative look. You can read the mind of your opponents and that of the judge. Establish and maintain eye contact. Additionally, watch out for gestures, facial expressions and body movements. They can speak volumes of whether or not the witness is telling the truth.

Finally, observe simple court room strategies like being courteous as you speak. The judge will not like an impolite and domineering personality. Address him honorably and ensure you use polite words like excuse me’ and thank you’.

Courtroom Etiquette – The Expected Code of Conduct

Courtroom etiquette defines the basis of any success of a case. Unacceptable behaviors exhibited by lawyers in courtrooms are sometimes the largest faults in the courts proceedings. Interrupting, feeling intimidated and using negative body language are some of the behaviors that courtrooms find unpleasant and results to problematic issues raising in the chambers. There is therefore the need to address courtroom etiquette that should be put into practice by lawyers. Below, some of the main behaviors every layer should perceive and use in courtrooms have been defined.

Dressing

Courtroom EtiquetteDressing is very vital since your courtroom attire speaks a lot about a lawyer’s respect and attitude for the judge and the court. Make sure that you draw a positive first impression to the judge the moment you walk into his courtroom. Avoid bright colored shirts, scarves and gaudy ties as they are not aesthetic and pleasant to the court. For example, men can dress a suite and a tie and women to wear a dress, or a pant suit. If you don’t own a suit, at least dress a not brightly colored shirt, tie and slacks.

Arriving in the Court

You need to be in the court chambers early enough. For this courtroom etiquette, you need to ensure that you are in your respective room at least 30 minutes before the trial begins. When entering the courtroom, walk with ease, kindness and courtesy, showing a slight smile and greeting all present in a polite way.

The Demands

The first letter initiating the procedure should not hinder lawyer’s performance in the room. This should contain orderly, clear and less extensive exposure as possible to facts on legal basis. Brevity requirement is also necessary although not by law due to the increasingly demands of forensic writings. To avoid messy, disastrous and confusing writings, identify the consequences of the current technologies in “copy” and “paste”, as such presentation will hinder both the work of the court as the opposing counsel, and adds no value in defending the position.

Responses

The attorney’s responses should contain the same requirements as to demand the order, extension, clarity and document numbering. It should also offer no concerns regarding those facts showing any unhappiness. This is because that latter should be the subject to testing, at that procedural moment. Additionally, it would also be the “default” of the requirements of the action exercised, especially if the applicant has stated “compliance” of them being brought.

Be Audible

When you talk, you should make sure that the message is being transmitted to its audience. For this courtroom etiquette, one should be as brief and concise as possible, emphasising what deems important. A good way to get the attention of the judge is to have a little pause just before those words that you consider key to the success of your case. When expressing interest in these issues look directly to the right person as you speak such as the judge or the clerk. This also allows the right information to be recorded offering clear information which in turn helps the case.