@nyctophiliac said in The Art of Lawyering:
Jury System. Just why would anyone ever want to be tried by a court of their peers when the majority of our peers aren't all that smart - why not rely on a professional with experience? (Like a Judge!) Does this happen anywhere other than America? What do yall lawyers think about this?
The idea of a "jury of one's peers" actually goes back to old english law, wherein the power of the king to make arbitrary judgments was suspended when it came to certain members of the peerage. In order to pass judgment on them, they would have to be tried in a court before a jury consisting of other members of the peerage.
This, presumably, meant that you would get a fairer trial because it would be in their best interests to set precedents that protect themselves, and dispense justice on their own terms.
Now, it just means that everyone has to serve on a jury, which I think is a fucking terrible idea.
The Gavel. Talk to me about this. ORDER ORDER! BLAM BLAM! Is it just to punctuate that you mean business? What do yall lawyers think about this?
It originally was used to indicate that the terms of a judgment were decreed and passed (comes from 'gafel', meaning 'rent' or 'tribute'). The tiny hammer was used to clearly indicate this. It just sort of persisted and morphed.
Why did you choose the section of law (family, criminal, etc) that you chose? Or did it choose you?
The area I work in now I'm passionate about, but it sort of chose me. There's surely no money in it. If I were an actual attorney (note: I am not, yet) I would probably go where the money is. Tax law or something.
Bond and bail, what's the difference?
This depends on jurisdiction, but here 'bail' is usually a set amount that has to be paid in full before release, whereas a 'bond' is a fraction of the bail that serves as a surety that you will appear and make good on debts etc. Every jurisdiction has minor variations, and various laws regarding how bail bondsmen operate if you get the money from a third party, etc.
Why on earth did you choose to practice law to begin with? Was it the money or..?
Money was one consideration. I also think it's fun. And I'm halfway decent at it.
What is the most hilarious case you've worked on?
I don't know that any of them are hilarious. There are a bunch of crazy people though.
What is the saddest case you've worked on?
Pretty much any case involving child abuse. I worked for an agency that investigated this. So many stories, none of which I can talk about.
Criminal Justice Lawyer Types: What's the scariest person you've represented?
n/a
Would you ever represent someone that is guilty but they wanted you to get them off the hook? Would you lie for them? What's the furthest you'd go?
Attorneys very much strive to not know whether a client is a terrible person, but no, you cannot lie for them. Despite popular beliefs, there are very strict codes of ethics that the legal profession has to follow. Which is why we also get certain privilege and don't have to say shit unless compelled by a court.
Do you like arguing? How can you manage to keep your shit together when impassioned?
We're on MSB. So... yes. Clearly.