What Do Criminal Lawyers Do?
Criminal law is the body of laws that pertain to crimes. Crimes are actions or behaviors prohibited by state or federal laws. Crimes are punishable by fines, probation, or imprisonment. Usually, crimes are categorized as misdemeanors or felonies.
Another category of criminal law includes local ordinances, infractions, or minor traffic violations. These types of offenses are punishable only by a fine. These cases are simpler and can be handled by the individual themselves, should they choose to do so. There are, however, certain traffic violations that may result in harsher punishment, such as the suspension or loss of a driver’s license. A lawyer should handle these types of cases.
Criminal cases usually involve a prosecutor, a defendant and a defense attorney. A criminal lawyer is also sometimes called a defense attorney. These lawyers can be hired by the defendant or appointed by the court to represent the defendant.
In serious cases, where punishments are more severe, a criminal lawyer is highly recommended, even necessary. A criminal lawyer can advise an individual on the consequences of conviction or guilty pleas. Some guilty pleas, even to misdemeanor charges, can have long-term consequences. A guilty plea can also affect immigration status or lead to deportation of a non-citizen.
It is important to remember that, in most cases, when an individual cannot afford a criminal lawyer, the court will appoint one to represent them. It is also important to keep in mind that if an individual is sentenced to jail time, they will not be able to earn an income and may lose a job.
What Do Civil Lawyers Do?
Civil law is a broad term that encompasses many areas of law, encompassing virtually every non-criminal matter. Civil law usually involves private matters including litigation, or suing another individual, and transactions, such as business contracts. Civil matters include contract disputes between businesses, real estate, and personal transactions.
Unlike criminal cases, there is no determination of guilt or innocence. Usually, the parties may only recover monetary damages, including punitive damages in some cases. Another possible relief that can be obtained in a civil dispute is an injunction, or an order issued by the court preventing a party from doing something.
Another common type of civil law case is a personal injury lawsuit. In a personal injury suit, an individual is injured, mentally or physically, because of an accident, defective product, or an act or failure to act by another. A court may award a plaintiff in a personal injury suit monetary damages for their injury.
Civil law cases can be complex. Failure to follow the local court rules can lead to monetary sanctions from the court or the dismissal of an individual’s case. It is extremely helpful to have a lawyer in a civil matter.
Even in transactional civil matters, such as drafting a contract, a lawyer can be very helpful. A lawyer can make sure contracts are drafted correctly and avoid problems at a later date. A real estate purchase, business purchase, or creation of a trademark or copyright will most likely involve a lawyer.
What Do Family Lawyers Do?
Family law is law that involves family matters. These matters can include marriage, divorce, adoption, child support, custody and establishing parentage. In most cases, marriages do not require a lawyer but a prenuptial agreement should be reviewed by a lawyer. In some states, it is required, unless expressly waived, that an individual is represented before signing a prenuptial agreement.
Many family law matters begin after a couple has been married. Divorce can be a difficult situation, especially when children, businesses, or large amounts of money are involved. It is important in divorce cases for an individual to have a family lawyer representing them to ensure their rights are protected.
A lawyer can advise an individual what they may be entitled to in their state, as laws vary by state. Issues may include alimony and child support. Without a lawyer, an individual runs the risk of inadvertently waiving their rights to alimony, visitation with their children, or even custody of their children.
What Do Probate Lawyers Do?
Legal matters of probate include probating wills, guardianship, emancipation and conservatorship. Probating a will includes distributing property after a decedent, or individual who passed away, under court supervision.
Other issues probate lawyers handle include:
- Guardianship
- Emancipation
- Conservatorship
Guardianship is when an adult is appointed by the court to care for a minor child or a minor child’s property, such as a trust fund. Emancipation occurs when a minor child is granted certain rights of an adult, such as signing contracts. Conservatorship occurs when an adult is appointed to care for another adult who cannot care for themselves.
An experienced probate lawyer is highly recommended in probate matters, especially where significant amounts of money or property are involved. This ensures the wishes of the individuals involved are followed and their property is distributed as they desire.
What Do Wills, Trusts, and Estate Lawyers Do?
Most individuals are familiar with the will and estate planning portions of probate law. Estate planning provides instructions for how an individual wants their property to be distributed and managed when they pass away.
Most individuals think of the elderly or wealthy when they think of estate planning, but all individuals can benefit from having an estate plan. Estate planning usually includes the drafting of a will to prepare for an individual’s passing. This may include distributing property and creating trusts, usually with money for minor children.
Although a comprehensive estate plan will likely include wills and trusts, it may also address numerous other issues, such as:
- How an individual wishes to receive medical treatment if they become incapacitated and cannot speak for themselves
- Whether they want to be an organ donor
- Who will be authorized to make legal and financial decisions on the individual’s behalf, should they become incapacitated
- Who is authorized to care for the individual’s minor children should they become incapacitated or when they pass away
- Who is authorized to take over the individual’s business interests
- The individual’s preferred funeral arrangements, in addition to any information regarding previously made plans, for example, a purchased burial plot or a prepaid funeral service.
A lawyer is also experienced with necessary language that may be needed in the will in order for an individual’s wishes to be carried out. A lawyer for wills can also assist if a beneficiary contests a will to protect their potential inheritance.
What Do Real Estate Lawyers Do?
A real estate lawyer can handle any real estate issue, whether an individual is a business owner hoping to lease a commercial property or a homeowner who has a boundary dispute with their neighbor. Real estate lawyers typically handle issues such as:
Real estate and property laws also govern the financial aspects of real property, including mortgages, liens, and foreclosures. Wills and trust laws can also overlap with real estate laws, as property is also commonly included in estate planning.
A local real estate lawyer will have knowledge of the nuances of local laws. If an individual has any type of transaction, whether complex or simple, it is best handled by a lawyer. A real estate lawyer can also address any concerns regarding conditions or boundaries of land, titles, or mortgages.
What Do Business Lawyers Do?
A business lawyer can provide guidance and legal assistance for many different elements involving businesses. Generally, a business lawyer will ensure that a company complies with applicable business regulations.
A business lawyer can also assist with many other issues, such as:
- Conflict resolution
- Corporate law issues
- Business formation
- Compliance
- Intellectual property
- Mergers and acquisitions
Common examples of legal topics that that business attorneys may handle on a daily basis include:
- Contract or business conflicts
- Business or property cases
- Registration of intellectual property, including:
- copyrights
- trademarks
- patents
- Inappropriate use of guarded data, such as:
- privacy matters
- security breaches
- data governance
- Disputes related to the sale and acquisition of:
- businesses
- stocks
- securities
- Compliance with business rules and other applicable regulations
- Registration of the business, including federal and state tax identification numbers and any required licenses
- Interstate and global business cases, such as the transportation of goods
A business lawyer can provide many different types of legal assistance, which can include preparing contracts as well as business tax filings. A business lawyer may also do work on a single case basis, such as representing a business client in court or participating in mediation to try and reach a settlement.
What Do Finance and Bankruptcy Lawyers Do?
Financial lawyers provide clients, such as individuals, banks, and financial institutions, with advice on many different finance-related legal issues, which may include:
Financial Transactions and Regulatory Compliance
Financial lawyers help clients structure financial transactions and ensure they comply with regulatory standards. A financial lawyer helps to balance business ambitions with regulatory compliance.
Financial Litigation and Contract Disputes
Disputes may arise during business transactions, especially in cases involving large sums of money. For example, disagreements over a loan, the valuation of assets in a merger, or the yields of an investment, may arise. Financial lawyers represent their client’s interests, which may mean defending them or making claims on their behalf.
Guidance on Regulatory Matters
Regulatory laws in finance are always evolving. The laws that applied several years ago may have been modified or replaced and businesses should remain up-to-date on these changes.
A financial lawyer can provide advice to their clients on the regulatory issues. Whatever new laws are enacted, financial lawyers can help ensure that their business clients remain in compliance with the law.
Drafting and Negotiating Financial Contracts
Financial transactions are usually based on contracts, whether an agreement between a borrower and a bank or two corporations that are finalizing a merger. The contract will contain the terms and conditions related to these transactions. A financial lawyer will assist in drafting contracts for financial transactions and help ensure they reflect the intent of the parties as well as protect the interests of their client.
Mergers, Acquisitions, and Corporate Financial Guidance
Most businesses are always seeking opportunities to diversify, grow, or consolidate. Mergers and acquisitions (M&As) are very complicated transactions that require careful planning and intricate financial structuring.
Financial lawyers guide their client companies through these processes. In addition, lawyers can help evaluate potential risks and assets as well as structure the transaction so it is beneficial to their client and complies with applicable regulations.
Bankruptcy and Financial Restructuring
When a business cannot meet its financial obligations, a financial lawyer can provide advice regarding whether or not bankruptcy will be a viable option. A lawyer will provide advice on the types of bankruptcy, the consequences of each, and the processes they involve.
A lawyer will also help with financial restructuring, which includes negotiating terms with creditors so the business may have an opportunity to recover financially.
What Do Employment Lawyers Do?
Employment lawyers usually represent clients who have a work-related issue. Employment lawyers handle cases that involve laws, codes, and statutes related to employment law.
Employment law cases may involve government agencies and departments. Employment lawyers can also help clients outside of court or when they do not have disputes, such as drafting, negotiating, and reviewing employment contracts terms before the parties sign them.
Employment law can also overlap with immigration law by ensuring that an employer complies with immigration laws as well as employment laws. For example, if a lawyer cooperates with local authorities to make sure a company is not hiring or exploiting workers in an illegal manner.
What Do Immigration Lawyers Do?
Immigration lawyers help clients with numerous different immigration-related issues, such as:
If an individual has any issues, questions, or concerns related to immigration or their immigration status, they should consult with a lawyer. A lawyer can be helpful before, during, and even after any immigration process.
Where Can I Find the Right Lawyer?
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You simply submit your legal issue and you will be matched with a lawyer that can help. There is no fee to submit your case. The process only takes about 15 minutes and you get to choose the lawyer you want to work with.
