Thomas M. Monahan

03/09/2011 12:27

Training to legal craft in America has exclusively practical orientation. And from the point of view of educational methods, and from the point of view of the subjects included in the programs for students.Each American lawyer follows in the work to the standard standards of carrying out of the legal research to which description any considerable quantity of managements and textbooks is devoted.Students before employment study the material offered by the professor, and is direct on employment there is a live dialogue with the teacher, discussion of the read. Unconditionally, this method allows to develop analytical capabilities of students successfully: the professor at any moment can ask to any student a question, concerning a discussed theme, or concerning estimations of opinion of other student already acting at a lesson.Each American lawyer follows in the work to the standard standards of carrying out of the legal research to which description any considerable quantity of managements and textbooks is devoted. In sew to the country, unfortunately, this sort of standards don't exist.And about one specificity of thought process of the American lawyer: this process – inductive. For the decision of the legal question of the client the lawyer in the USA makes a start from a concrete situation (studies existing precedents on a question), finds the most suitable precedent, removes from it a general rule and then applies it to a problem of the client.In the USA there are standard standards and concerning drawing up of legal documents. These standards are aimed at provision to the reader of the maximum convenience in acquaintance with the document. Existence of such standards facilitates to representatives of parties at variance and judges studying of the position stated in the document, and through it, in certain degree - and the decision of jurisdictional disputes.At non-observance of standards of drawing up of the document to it negative attitude, at least, will be shown. In some situations lawyers not simply can, but are obliged to constitute the document under the certain form. By preparation of the document for giving in court the lawyer should study rules of registration of the document, established by court which jurisdiction consideration of dispute of the client concerns.In America each court has the rules concerning official registration of papers. And, concern these rules can absolutely various details. For example, in one court certain demands can be made to the size of sheet, to a text font, in other - to quantity of lines on document sheet, to quantity of sheets in the document and even to color of a used paper. So, in federal appeal courts is usual demand, that the documents submitted the appellant, persons against whom the appeal is submitted, – on red have been constituted on a blue paper, and.All managements on drawing up of legal documents in the USA demand extremely attentive relation to references to sources of the information which are used for document drawing up.In the USA the aspiration of the parties to settle dispute out of court or, at least, at preliminary procedural stages is accurately traced. For as much as possible fast settling of the conflict at preliminary judicial stages the American lawyer is allocated by great volume of the rights.In frameworks discovery the lawyer has concerning counter party the right to conduct written poll, asking any questions, concerning affairs; to inquire acknowledgement of the certain facts; to receive under the oath oral indications about the facts important for business; to demand representation of necessary documents.It is not out of place to notice, as the Code of professional etiquette of the lawyer aims lawyers at assistance to an extrajudicial resolution of conflicts.Any person, at all without being the citizen of the USA, can inquire in court any the decision, and to it the decision really, it will be absolutely free given. Any admissions at an input in courts don't demand. Thus safety is provided – check on availability of the prohibited subjects, instead of the documents proving the identity.The client in the USA can address with the claim against the lawyer if that has shown lack of information on main principles of the right which are known to any skilled lawyer, and also if it hasn't revealed rule which though aren't well-known, but can be found out by means of standard search technologies.Obligation infringement on due representation of interests of the client is to the USA and a wrong formulation of the right, the wrong analysis of the right, not carrying out of research of circumstances of business.Read more about Thomas M. Monahan Such infringements can entail various sanctions, since the court remark, finishing deprivation of the status of the lawyer. Abuses of regulations of drawing up of documents too can entail negative legal consequences for the American lawyer. So, if the lawyer, for example, brings an action the petition exceeding by quantity of pages a limit, established by court rules as the sanction in some courts simply don't read those pages which fall outside the limits a limit, in other courts – return the document. Bad language of the document which has been brought an action, can entail suspension of the status of the lawyer, refusal in the request stated in the document, the remark of court and even the injunction to pass rates on training to rules of drawing up of legal documents.In spite of the fact that many of the described sanctions are rigid enough, in America adhere to such rule: if literacy of the lawyer doesn't conform to professional standards, it harms both to a lawyer profession, and a society as a whole to that the belief in system of law is weakened and unreasonably the attention of court distracts.For more info visit Thomas M. Monahan
                

              

Back

Search site

© 2011 All rights reserved.