Understanding Legal Procedures for Filing and Pursuing a Claim

As an advisor, an attorney provides the client with an informed understanding of their legal rights and obligations and explains the practical implications. The Rules of Professional Conduct prescribe many of the professional responsibilities of a lawyer, as well as in substantive and procedural law. It is important to understand the six basic steps to file a small claims case, including how to identify the right defendant, determine the exact amount of your lawsuit, send a demand letter, decide where to file the lawsuit, and prepare and file your complaint in court. It is best to send a typewritten letter that is polite and professional, with the goal of encouraging a friendly agreement with the other party.

If an agreement cannot be reached, you can bring the matter in small claims court. The defense lawyer should not knowingly propose, advise, or assist in conduct that they know is criminal or fraudulent. However, they can discuss the legal consequences of a proposed conduct with a client and can advise or assist them in a good faith effort to determine the validity, scope, meaning, or application of the law. If an objection is upheld, the witness does not answer the question and the lawyer must move on to the next question. People who will be supervising lawyers or staff should be trained on how to effectively supervise. An attorney should use the procedures of the law only for legitimate purposes and not to harass or intimidate others.

After determining the client's immigration status and possible adverse consequences of criminal proceedings, including expulsion, exclusion, prohibition of exempting deportation, immigration detention, denial of citizenship, and adverse consequences for their immediate family, the lawyer must inform them of all such possible consequences and determine with them the best course of action for their interests. Unless otherwise permitted by law, defense counsel must not negotiate the employment of any person who is significantly involved as a lawyer, employee, or agent of the prosecution in a matter in which they are personally and substantially involved. A lawyer must show respect for the legal system and for those who provide it. Once the jury has been dismissed, they may contact members of the jury to investigate whether a verdict can be legally challenged or to evaluate their performance. A lawyer must strive to achieve the highest level of skill, improve the law and legal profession, and exemplify public service ideals. If an appellate or post-appeal lawyer is convinced that another defense lawyer who served at an earlier stage failed to provide effective assistance, they should seek redress for their client.

A defense lawyer who is not involved in a matter can offer generalized comments in the media on a specific criminal matter that serve to educate the public about the criminal justice system.