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Basic Principles on the Role of Lawyers

Whereas in the Charter of the United Nations the peoples of the world affirm, inter alia , their determination to establish conditions under which justice can be maintained, and proclaim as one of their purposes the achievement of international cooperation in promoting and encouraging respect for human rights and fundamental freedoms without distinction as to race, sex, language or religion,

Whereas the Universal Declaration of Human Rights enshrines the principles of equality before the law, the presumption of innocence, the right to a fair and public hearing by an independent and impartial tribunal, and all the guarantees necessary for the defence of everyone charged with a penal offence,

Whereas the International Covenant on Civil and Political Rights proclaims, in addition, the right to be tried without undue delay and the right to a fair and public hearing by a competent, independent and impartial tribunal established by law,

Whereas the International Covenant on Economic, Social and Cultural Rights recalls the obligation of States under the Charter to promote universal respect for, and observance of, human rights and freedoms,

Whereas the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment provides that a detained person shall be entitled to have the assistance of, and to communicate and consult with, legal counsel,

Whereas the Standard Minimum Rules for the Treatment of Prisoners recommend, in particular, that legal assistance and confidential communication with counsel should be ensured to untried prisoners,

Whereas the Safeguards guaranteeing protection of those facing the death penalty reaffirm the right of everyone suspected or charged with a crime for which capital punishment may be imposed to adequate legal assistance at all stages of the proceedings, in accordance with article 14 of the International Covenant on Civil and Political Rights,

Whereas the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power recommends measures to be taken at the international and national levels to improve access to justice and fair treatment, restitution, compensation and assistance for victims of crime,

Whereas adequate protection of the human rights and fundamental freedoms to which all persons are entitled, be they economic, social and cultural, or civil and political, requires that all persons have effective access to legal services provided by an independent legal profession,

Whereas professional associations of lawyers have a vital role to play in upholding professional standards and ethics, protecting their members from persecution and improper restrictions and infringements, providing legal services to all in need of them, and cooperating with governmental and other institutions in furthering the ends of justice and public interest,

The Basic Principles on the Role of Lawyers, set forth below, which have been formulated to assist Member States in their task of promoting and ensuring the proper role of lawyers, should be respected and taken into account by Governments within the framework of their national legislation and practice and should be brought to the attention of lawyers as well as other persons, such as judges, prosecutors, members of the executive and the legislature, and the public in general. These principles shall also apply, as appropriate, to persons who exercise the functions of lawyers without having the formal status of lawyers.

1. All persons are entitled to call upon the assistance of a lawyer of their choice to protect and establish their rights and to defend them in all stages of criminal proceedings.

2. Governments shall ensure that efficient procedures and responsive mechanisms for effective and equal access to lawyers are provided for all persons within their territory and subject to their jurisdiction, without distinction of any kind, such as discrimination based on race, colour, ethnic origin, sex, language, religion, political or other opinion, national or social origin, property, birth, economic or other status.

3. Governments shall ensure the provision of sufficient funding and other resources for legal services to the poor and, as necessary, to other disadvantaged persons. Professional associations of lawyers shall cooperate in the organization and provision of services, facilities and other resources.

4. Governments and professional associations of lawyers shall promote programmes to inform the public about their rights and duties under the law and the important role of lawyers in protecting their fundamental freedoms. Special attention should be given to assisting the poor and other disadvantaged persons so as to enable them to assert their rights and where necessary call upon the assistance of lawyers.

Special safeguards in criminal justice matters

5. Governments shall ensure that all persons are immediately informed by the competent authority of their right to be assisted by a lawyer of their own choice upon arrest or detention or when charged with a criminal offence.

6. Any such persons who do not have a lawyer shall, in all cases in which the interests of justice so require, be entitled to have a lawyer of experience and competence commensurate with the nature of the offence assigned to them in order to provide effective legal assistance, without payment by them if they lack sufficient means to pay for such services.

7. Governments shall further ensure that all persons arrested or detained, with or without criminal charge, shall have prompt access to a lawyer, and in any case not later than forty-eight hours from the time of arrest or detention.

8. All arrested, detained or imprisoned persons shall be provided with adequate opportunities, time and facilities to be visited by and to communicate and consult with a lawyer, without delay, interception or censorship and in full confidentiality. Such consultations may be within sight, but not within the hearing, of law enforcement officials.

Qualifications and training

9. Governments, professional associations of lawyers and educational institutions shall ensure that lawyers have appropriate education and training and be made aware of the ideals and ethical duties of the lawyer and of human rights and fundamental freedoms recognized by national and international law.

10. Governments, professional associations of lawyers and educational institutions shall ensure that there is no discrimination against a person with respect to entry into or continued practice within the legal profession on the grounds of race, colour, sex, ethnic origin, religion, political or other opinion, national or social origin, property, birth, economic or other status, except that a requirement, that a lawyer must be a national of the country concerned, shall not be considered discriminatory.

11. In countries where there exist groups, communities or regions whose needs for legal services are not met, particularly where such groups have distinct cultures, traditions or languages or have been the victims of past discrimination, Governments, professional associations of lawyers and educational institutions should take special measures to provide opportunities for candidates from these groups to enter the legal profession and should ensure that they receive training appropriate to the needs of their groups.

Duties and responsibilities

12. Lawyers shall at all times maintain the honour and dignity of their profession as essential agents of the administration of justice.

13. The duties of lawyers towards their clients shall include:

(a) Advising clients as to their legal rights and obligations, and as to the working of the legal system in so far as it is relevant to the legal rights and obligations of the clients;

(b) Assisting clients in every appropriate way, and taking legal action to protect their interests;

(c) Assisting clients before courts, tribunals or administrative authorities, where appropriate.

14. Lawyers, in protecting the rights of their clients and in promoting the cause of justice, shall seek to uphold human rights and fundamental freedoms recognized by national and international law and shall at all times act freely and diligently in accordance with the law and recognized standards and ethics of the legal profession.

15. Lawyers shall always loyally respect the interests of their clients.

Guarantees for the functioning of lawyers

16. Governments shall ensure that lawyers (a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; (b) are able to travel and to consult with their clients freely both within their own country and abroad; and (c) shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics.

17. Where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities.

18. Lawyers shall not be identified with their clients or their clients’ causes as a result of discharging their functions.

19. No court or administrative authority before whom the right to counsel is recognized shall refuse to recognize the right of a lawyer to appear before it for his or her client unless that lawyer has been disqualified in accordance with national law and practice and in conformity with these principles.

20. Lawyers shall enjoy civil and penal immunity for relevant statements made in good faith in written or oral pleadings or in their professional appearances before a court, tribunal or other legal or administrative authority.

21. It is the duty of the competent authorities to ensure lawyers access to appropriate information, files and documents in their possession or control in sufficient time to enable lawyers to provide effective legal assistance to their clients. Such access should be provided at the earliest appropriate time.

22. Governments shall recognize and respect that all communications and consultations between lawyers and their clients within their professional relationship are confidential.

Freedom of expression and association

23. Lawyers like other citizens are entitled to freedom of expression, belief, association and assembly. In particular, they shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights and to join or form local, national or international organizations and attend their meetings, without suffering professional restrictions by reason of their lawful action or their membership in a lawful organization. In exercising these rights, lawyers shall always conduct themselves in accordance with the law and the recognized standards and ethics of the legal profession.

Professional associations of lawyers

24. Lawyers shall be entitled to form and join self-governing professional associations to represent their interests, promote their continuing education and training and protect their professional integrity. The executive body of the professional associations shall be elected by its members and shall exercise its functions without external interference.

25. Professional associations of lawyers shall cooperate with Governments to ensure that everyone has effective and equal access to legal services and that lawyers are able, without improper interference, to counsel and assist their clients in accordance with the law and recognized professional standards and ethics.

Disciplinary proceedings

26. Codes of professional conduct for lawyers shall be established by the legal profession through its appropriate organs, or by legislation, in accordance with national law and custom and recognized international standards and norms.

27. Charges or complaints made against lawyers in their professional capacity shall be processed expeditiously and fairly under appropriate procedures. Lawyers shall have the right to a fair hearing, including the right to be assisted by a lawyer of their choice.

28. Disciplinary proceedings against lawyers shall be brought before an impartial disciplinary committee established by the legal profession, before an independent statutory authority, or before a court, and shall be subject to an independent judicial review.

29. All disciplinary proceedings shall be determined in accordance with the code of professional conduct and other recognized standards and ethics of the legal profession and in the light of these principles.

The Benefits Of Hiring A Lawyer

Knowledge Of The Law

The legal world is complex and complicated, and if you don’t have the knowledge of the legal realm, you will probably get eaten alive by the opposing party, whether that’s a prosecutor, insurance company, or business. In serious legal matters, your opponent will almost certainly have lawyers to help them present their case and if you don’t also have someone who can match them step for step, you’re probably going to lose or at the very minimum, not get what you deserve in terms of compensation.

Experience

Even if you were to somehow learn everything there is to know about the legal field before your case goes to court, you still won’t have the experience that an attorney has. With every case they handle, attorneys gain more experience to help them down the road with future clients. Attorneys who have been practicing in a specific area of law for years can help you determine how far your case might go or whether it can be resolved at all. They know when a case is winnable and how to go about achieving that win. Without this experience, you could be fighting a losing battle and not even know it.

Negotiation

Most legal issues are resolved well before they end up in a courtroom. This is because attorneys are skilled negotiators who can help two or more parties find a satisfactory resolution without actually going to court. No one really wants to spend time in a courtroom if they don’t have to, so having an attorney negotiate a settlement on your behalf is often the best path toward resolution. But, if a settlement can’t be reached, you can be assured that your attorney knows how to handle a court case as well. You won’t be scrambling for someone who can argue your case in front of a judge and jury because your attorney will be preparing for that possibility the entire time.

Resources

When you hire an attorney, you are also hiring all of the people and resources that they have access to. This means you’ll have paralegals working on your case, investigators finding evidence and witnesses, doctors examining your injuries, and financial experts calculating your losses. You won’t have to find these resources on your own because your attorney has spent years building their network and will use them to their fullest on your case.

WHAT IS A LITIGATION PARALEGAL?

A litigation paralegal is someone who works under the supervision of an attorney who practices in criminal or civil litigation. A litigation paralegal assists the attorney with many case management duties, from the complaint through the trial and the appeal. 

Three primary areas of case management responsibility include:

  1. Draft pleadings and discovery.
  2. Prepare for depositions, mediations, and arbitrations.
  3. Assist at trial.

Those paralegal job responsibilities can sound vague to someone who does not already work in the legal profession, so let’s take a closer look at a few key responsibilities of a litigation paralegal.

1.  Draft pleadings and discovery.

What does that mean?

The attorney looks to the litigation paralegal to do the initial drafting of documents that will be sent to opposing parties, asking those parties to produce documents or answer written questions (“discovery”) related to the issues of the case.  

Additionally, when the opposing party serves that discovery, it is typically part of the litigation paralegal’s job duties to start the initial drafting of the answers to those discovery requests and to start gathering the documents the other side is asking for in the lawsuit.

Many attorneys also rely on the paralegal to do the first-round draft of pleadings that will be filed with the court.  

The paralegal also finalizes and proofreads the pleadings before they get filed.  This can also involve gathering exhibits and affidavits that may be attached to the pleadings.

2.  Prepare for depositions, mediations, and arbitrations.

What does that mean?

The paralegal is the team member who is searching the case database for potential evidence (emails, text messages, memos, contracts, etc.) that the attorney might want to use during these depositions, mediations, and arbitrations.  

After the review and analysis of these documents, the paralegal organizes them into electronic or paper notebooks so that the attorney can easily find them during the deposition or other proceedings.

Find out everything there is to know about becoming a litigation paralegal

3.  Assist at trial.

What does that mean?

During the trial prep phase of a case, the litigation paralegal prepares a trial checklist for the team to keep them on track with deadlines set in the pretrial order. 

They are also preparing the trial notebook (also known as the trial binder) containing all of the key information to help keep the attorney organized at trial.  A trial notebook typically contains the parties’ exhibit lists, witness lists, opening statements, significant pleadings and discovery responses.

During the trial, the litigation paralegal is the attorney’s right-hand person.  They are locating exhibits, assisting with trial technology to present the exhibits to the court, meeting with witnesses, taking notes, etc. 

Essentially, the paralegal is the case manager and the person the attorney relies on to manage all of the other aspects at trial so that the attorney can focus on examining witnesses and winning the trial.

Importance of Law in Society

Law is very important for a society for it serves as a norm of conduct for citizens. It was also made to provide for proper guidelines and order upon the behaviour for all citizens and to sustain the equity on the three branches of the government. It keeps society running. Without law there would be chaos and it would be survival of the fittest and everyman for himself. Not an ideal lifestyle for most part.

Society is a ‘web-relationship’ and social change obviously means a change in the system of social relationship where a social relationship is understood in terms of social processes and social interactions and social organizations. Thus, the term, ‘social change’ is used to indicate desirable variations in social institution, social processes and social organization. It includes alterations in the structure and functions of the society. Closer analysis of the role of law vis-à-vis social change leads us to distinguish between the direct and the indirect aspects of the role of law.

The law is important because it acts as a guideline as to what is accepted in society. Without it, there would be conflicts between social groups and communities. It is pivotal that we follow them. The law allows for easy adoption to changes that occur in society. Leading law firms, among them provide assistance that helps protect individuals’ rights and liberties, thus ensuring a more equitable society.

1. Law plays an important indirect role in regard to social change by shaping a direct impact on society. For example: A law setting up a compulsory educational system.

2. On the other hand, law interacts in many cases indirectly with basic social institutions in a manner constituting a direct relationship between law and social change. For example, a law designed to prohibit polygamy.

Law plays an agent of modernization and social change. It is also an indicator of the nature of societal complexity and its attendant problems of integration. Further, the reinforcement of our belief in the age-old panchayat system, the abolition of the abhorable practices of untouchability, child marriage, sati, dowry etc are typical illustrations of social change being brought about in the country trough laws.

Law is an effective medium or agency, instrumental in bringing about social change in the country or in any region in particular. Therefore, we rejuvenate our belief that law has been pivotal in introducing changes in the societal structure and relationships and continues to be so.

Law certainly has acted as a catalyst in the process of social transformation of people wherein the dilution of caste inequalities, protective measures for the weak and vulnerable sections, providing for the dignified existence of those living under unwholesome conditions etc. are the illustrious examples in this regard. Social change involves an alteration of society; its economic structure, values and beliefs, and its economic, political and social dimensions also undergo modification. However, social change does not affect all aspects of society in the same manner.

While much of social change is brought about by material changes such as technology, new patterns of production, etc., other conditions are also necessary. For example, as we have discussed it before, legal prohibition of untouchability in free India has not succeeded because of inadequate social support.

Nonetheless, when law cannot bring about change without social support, it still can create certain preconditions for social change. Moreover, after independence, the Constitution of India provided far-reaching guidelines for change. Its directive principle suggested a blueprint for a new nation. The de-recognition of the caste system, equality before the law and equal opportunities for all in economic, political and social spheres were some of the high points of the Indian Constitution.

                                                   The Relationship between Law and Society

Theorists have traditionally maintained that there are certain broad views on the substantive criminal law. One set of such constraints concerns the sorts of behaviour that may legitimately be prohibited. Is it proper, for example, to criminalize a certain kind of action on the grounds that most people in one’s society regard it as immoral? The other set of constraints which concerns what is needed in order to establish criminal responsibility that is liability, independently of the content of the particular statute whose violation is in question.

Legal system reflects all the energy of life within in any society. Law has the complex vitality of a living organism. We can say that law is a social science characterized by movement and adaptation. Rules are neither created nor applied in a vacuum, on the other hand they created and used time and again for a purpose. Rules are intended to move us in a certain direction that we assume is good, or prohibit movement in direction that we believe is bad.

The social rules are made by the members of the society. Disobedience of the social rules is followed by punishment of social disapproval. There is no positive penalty associated with the violation of rules except excommunication or ostracism. On the other hand, law is enforced by the state. The objective of law is to bring order in the society so the members of society can progress and develop with some sort of security regarding the future. The state makes laws. Disobedience of state laws invites penalty, which is enforced by the government by the power of the state. What is not enforceable is not Law.

Importance of Law and Why Do We Need Laws?

For anything to run acceptably and smoothly, it needs to follow certain principles and regulations. The importance of law is never understood unless there is a riot or unrest in society. Then people realize that there needs to certain rules and regulations that need to set up for society. Then society can smoothly and peacefully.

Importance of law in society

For a society to run smoothly and without any problems and riots, it needs the main order. Some rules and regulations need to be set to maintain justice and equality in society. If we look in history, countless wars and battles have been there among the human races due to the difference. They had in their beliefs, caste, and creeds. Many of the wars would have been not been there. If the people chose to talk peacefully and set up rules to live in harmony with each other.

In the century, we had two world wars where there were casualties and losses on both sides. The conclusion was differences will always be there and we cannot force anyone to follow what we believe in. Slowly, we learned that we should learn to tolerate one another. Now, we have proper law in our society which tells us how to interact with people within it. It accommodates people with different culture, background, and ethnicity and tells to live in harmony with each other.

Importance of law in education

Education is one of the basic needs of people living in any era.  Children learn different subjects in schools. Later, they enter college and then universities to pursue their passion and interests. It is not always smooth sailing among these three stages. Some educational institution preaches knowledge in such a way that it incites violence and hatred against a particular entity like religion or community.

So, laws need to set up to stop such institutions from spreading unrest in society. The children who are educated in these institutions are more prone to believing only the things they are told without investigating further about what they are told. These children start to harbor hatred and violence against some groups and communities in society. The violence shifts from verbal to physical and then to armed. The riots and violence in society grow, fueling hatred among different communities. This is the reason why we need to set up laws for the institution to respect certain policies that prevent such unrest and conflict in society.

Importance of law in business

Ethical and moral values must be upheld in business. Business means to make profits for the company or the brand making the products. But the company or the brand must make sure that their business policies do not cross the boundaries that are made in the law. These include many problems if a company chooses to use cheaper ingredients to make products which result in hazard for the health of the customers. Another example would be selling products at higher rates than assigned by the government. In such cases, action needs to be taken against these companies and brands.

Business needs to have certain laws to stop people from stealing capital from each other. In the digital age we live in, we need to come with strict and unique laws to prevent people to commit fraud against the people who make living through hard work. Since the world has grown in a much different way than before so the laws need to be made accordingly. For instance, when someone creates content on YouTube using their resources and someone uses the same video to snatch views which gives money to the staler rather than the original content creator. YouTube has made a system of copyrights to remove profits from the non-original video rendering the video useless for the staler.

Similarly, in terms of digital business, many other laws are made which regulate order in society. The people in business should work on improving their products, rather than demeaning and ruining the products of their competitors. Laws should also be made to punish such people to keep the market transparent and properly working for other people who are following rules and regulations.

Importance of law in politics

Democracy is the most common system of government in the world. People choose to vote for a certain person based on the person’s manifesto and previous record. Before voting there is campaigning for different candidates who want to contest for the open position in the government. Each candidate runs their campaign, presenting their manifesto and promising to work for the betterment of society. Although the cause is very noble, some people take this competition too personally and go to every extent just to win the elections.

There are others, which only promise about making things better for people while their true intentions are to make money and fill their own pockets. The importance of law in politics is that it makes policies against such people who frame other people and exploit them personally to win in the elections. Law also includes accountability for the people who do not work for the people but only choose to grow their bank accounts. After confiscating the money from them, they are also fined and heavily punished for their deeds.

The government can only make the life of their citizens better if it has a good system of accountability and it keeps check on the politicians whether they are handling their responsibilities well or not. This can only happen when there are strict laws for everyone who is in the government, no one is higher than the law. Principles and rules are meant to be followed, it does not matter whether one is the president or an assembly member. The system of accountability is the same for everyone, irrespective of their status, belief, or color.

Importance of law in national development

To develop as a nation, the nation needs to make laws to make its society a better place to live. It needs to create laws to make sure that there is no rigging in the elections to make sure there is transparency in politics. The candidates that are selected through the election, through transparent means deserve to sit in the government. The nation also needs to make laws to promote education peacefully and harmoniously.

Through education, the children will learn that it’s normal to have a difference among multiple cultures and ethnicity. Education will help the children to become tolerant and smart citizens. Apart from education, the nation also needs to implement laws to ensure that businesses do not violate health or ethical values while trying to make profits. Strict actions should be there to set examples for the people. When society, education, business, and politics start running according to the defined law, there will be peace and harmony among the society.

10 Reasons Why Law Is Important

“Law” is a system of rules designed to regulate behavior in both public and private society. Social and/or governmental institutions create and enforce these rules. Humans have been making laws for thousands of years. Early examples include ancient Egyptian law, Babylonian law, ancient Chinese law, and Old Testament law. There are many categories of law, including criminal law, civil law, and so on. Why does law matter at all? Here are ten reasons why:

#1 Laws set the standard for acceptable (and unacceptable) behaviors

At its most basic, the law is about mitigating conflict. When creating laws, societies reckon with what drives conflict. Some things – like murder and theft- are obvious and have been included in laws stretching back to ancient times. However, as time goes on and societies change, what’s considered acceptable changes, too. Legal systems adapt so they can provide clarity and context for unacceptable actions. They also offer guidelines for appropriate consequences.

#2 Laws provide access to justice

If it’s against the law to punch someone in the face, someone who gets punched can do something about it other than simply swinging back. In a perfect world, justice is equal. It doesn’t matter who got punched or who did the punching. What matters is that the law against punching was broken. Everyone in a society – and not just a privileged few – must have equal access to justice through the law.

#3 Laws keep everyone safe

Laws don’t only respond to injustices and harm. They work to prevent them. Food safety laws are a prime example. In the past, the food industry was horrendously unregulated. In the 18th and 19th centuries, American food producers went to extreme measures in their quest for profit. They watered down milk and stirred in materials like chalk for color. They mixed dirt into coffee, tea, and spices and added lead to beer and wine. In 1906, President Roosevelt and Congress passed the Pure Food and Drug Act, as well as the Meat Inspection Act. This marked the beginning of modern food safety and monitoring. Today, food safety laws protect the public from potentially-fatal food poisoning.

#4 Laws protect the most vulnerable in society

Many laws are specifically designed to protect certain groups of people. Laws like the Civil Rights Act (the United States) and the Sex Discrimination Act (Australia) make it illegal to discriminate. These types of laws protect what’s known as “negative rights,” which is the right to be free from something, like discrimination. Anyone can be discriminated against, but as history shows, certain people are more at risk. Laws designed to prevent discrimination based on race, sex, gender, religion, and more protect these groups and give them better access to justice.

#5 The process of creating laws encourages civil and political engagement

As societies change, laws must change, too. Advancements in technology are a prime example of why. In recent times, the distribution of sexually explicit images or videos of individuals without their consent has become a major issue. According to one study, around 10 million Americans have had explicit photos shared without consent. While there are state laws, there is no federal law. In Australia, an electronic petition called upon the A.C.T. Legislative Assembly to criminalize the distribution of sexually explicit images or videos of individuals without their consent. The Assembly listened. This is a great example of people engaging with the law-making process and making law matter as issues evolve.

#6 Laws offers people a variety of career options

As a career, law is varied and versatile. Because there are so many different areas of law, there are hundreds of job options. Lawyers can specialize in everything from contracts to immigration to criminal law. A person can also become a professor of law, while there are also jobs for paralegals, consultants, and researchers. The legal system is big, so there is room for all kinds of skills and expertise.

#7 Laws are important to maintain peace

Earlier in this article, we touched on how law is essentially about mitigating conflict. That makes law essential to maintaining peace. This is because injustice fuels conflict. If destructive behaviors are allowed to flourish without remedy, people will suffer and become dissatisfied with their government. If justice is applied unequally, this also fans the flames of conflict. For the sake of peace, societies need to strengthen their rule of law and ensure that it’s fair.

#8 Laws are important for social progress

We’ve discussed how legal systems should adapt and evolve with the times. If laws remained stagnant, so would societies. Throughout history, law has been employed as a tool for social change. It was laws that made slavery, segregation, and apartheid illegal. Laws prevent people from getting fired from their jobs because of who they marry or because of a disability. The concept of law as a mechanism for social change is complicated because if the majority of a community doesn’t agree with the law, it’s likely that the law won’t be enforced. However, having a law on the books gives people more power than if the law didn’t exist at all. It’s an important step (though not necessarily the final step) to real social change.

#9 Laws make human rights a reality

Supreme Court Justice Sonia Sotomayor once said, “I firmly believe in the rule of law as the foundation for all our basic rights.” Basic rights are the human rights that everyone is entitled to. This includes the right to life, the right to marry, the right to be free from discrimination, and more. These are listed in the Universal Declaration of Human Rights, but that document is not legally binding. To make human rights a reality, they have to be protected through laws. Without law, human rights would be an abstract concept. If you would like to learn more about human rights, consider studying a masters.

#10 Laws are not always good for society

The fact that law can be used to harm is the last reason why it’s so important. Laws are not always beneficial to society or they’re only beneficial to a select group. Governments often use laws to increase their power and punish critics. Laws can also be problematic when they fail to address the root causes of a problem and even end up making it worse. Fines, which are meant to encourage people to follow laws, can add up to the point of putting people in debt and criminalizing poverty. The war on drugs is another key example of how laws can hurt people. Instead of treating drug addiction as a public health issue, laws have turned it into a criminal one. In these cases, laws end up violating human rights instead of protecting them.

What Is The Purpose Of Law & Its Functions Within A Society?

Why is law important?

Why is law important

Law essentially draws the line between what is deemed acceptable and what is unacceptable within a society. Even though norms, customs, and traditions also draw lines, crossing those lines does not necessarily have any consequences.

Whereas, laws are enumerated, codified, and most importantly, enforced. A person who breaks the law has to suffer legal consequences in the form of penalties, imprisonments, and in extreme cases, even death sentences. A court provides a fair opportunity to the person to defend himself.

Importance of laws in society

  • Legal rules, regulations, and norms are put in place to serve as guidelines for the people of a society to follow. For example, there are safety laws established by the government of Texas in order to avoid car accidents.
  • These guidelines influence how people conduct themselves, ensuring that people belonging to different social groups can co-exist without conflicts.
  • The legal system serves as a set of rules and behavioral protocols for not only the people of the country but also help maintain balance and equivalence between the three federal branches of the government- Legislative, Executive, and Judicial.
  • Law allows a society to grapple with and gradually accept even the most monumental of changes.

Irrespective of the fact that whether law enables a society to adopt major changes or not, it can be said with certainty that law does perform all three of the functions mentioned before.

Impact of laws and their proper enforcement

All you have to do is read this research paper, and you will be able to understand the impact laws, such as private property rights, have on the economic growth and prosperity of the region. Proper enforcement of such laws is often directly attributed to the economic development of the region. And it is clear why. No one will open a business in a place where they are not allowed to own the premises or they can be pushed out anytime by anyone.

Function and purpose of law in society

Purpose and Function of Law in Society

Anarchy can pretty quickly take over in the absence of law. Societies are capable of taking an uncivilized turn if there are no legal consequences enforced on the actions of people. Below are some fundamental functions that law fulfills in a Society:

  • Laws are created, essentially, to keep the citizenry of a country, out of harm’s way. Hence, the crucial function and purpose of law are to keep the citizens safe and sound. This is accomplished by maintaining order in society. Thus, the legal system is designed to uphold order in the land.
  • Law protects individual rights and liberties, enabling individuals to fight for and receive equal opportunity. Laws function to establish standards within the society. The law guarantees protection to individuals from any unfair discrimination based on gender, race, religion, or economic condition. Under the law, all citizens of a nation are considered and treated equally.
  • Another major function of the law is to resolve conflicts among people concerning their rights and obligations. Contract law, for example, governs the behavior or norms that people have to adhere to enter into a contractual relationship with each other, where they perform duties for one another and/or receive certain rights from each other.
  • Common-Law exists to serve some collective purpose for society as a whole. It is because in a world with finite resources, not everyone has equal access to the essential resources, creating a natural disparity. People may try to hoard resources. Therefore, laws are put in place to ensure that the common good prevails and wealthy individuals are not allowed to unilaterally control essential resources.

Law in a societal context

Law manifests in the form of legal rules and decision-making in society. These rules and decisions are grounded in context. Law does not function in a vacuum, outside the realm of society. Legal rules are very much ingrained within the societal condition. Articles such as these cover in further detail, all the major characteristics of law from a societal point of view.

Rule of law in the United States

The Federal courts are the pillar of the U.S. legal system. How the Federal Courts articulate the Rule of Law is as a principle that encompasses all people, institutions, and entities, making them accountable to laws that are:

  • enacted or adopted publicly;
  • enforced equally among the people;
  • adjudicated independently; and
  • in alignment with human rights.

Different kinds of law

If harm is brought to someone then such acts are codified in legislation. These legislations formulate the Criminal law that allows the state to prosecute the person charged with causing atrocity or harm.

The U.S. constitution has provided a framework that can be followed to create new laws. The constitution is also responsible for extending human rights protection. Even the framework through which we elect our political representatives is a gift of the Constitution.

Civil law is there to govern civil disputes between individuals and entities. Civil law is designed to regulate various types of civil disputes between individuals and entities, like personal injury cases that involve harm or injury caused by one party to another. Administrative law on the other hand is responsible for governing the decisions and actions taken by governmental agencies.

International law negotiates the dealings between nations. From environmental regulations to economic relations, and even military actions among countries are overseen by international law.

Laws influence all aspects of our lives

Laws influence all aspects of our lives

Laws impact all aspects of our public lives, and even some aspects of our private lives. Law is enforced with the help of social institutions. These institutions work as an enforcer of certain behavioral restrictions on the people. For example, marriage is a social institution that is also legally binding.

Laws are also capable of changing the direction of politics within the country while shaping the perception of the country outside. Apart from the directly impacting economy, the purpose of laws has an immense societal impact as they serve as a negotiator between people.

Hence, it is safe to say that society cannot function, let alone prosper without the presence of a sound legal system that is effectively enforced, equally within society. A strong legal system serves as the foundation of a happy and healthy society.

Questions to Ask Your Lawyer During a Consultation

Knowing that questions to ask your lawyer during this consultation can make finding the right attorney much easier. These should include:

1) What kind of experience do you have with similar cases?

You need to know how comfortable the lawyer is with cases like yours. While every case is somewhat different, the attorney will likely find some similarities between your case and a case s/he handled previously.

Related questions may include:

  • Where did you attend law school?
  • How long have you been practicing in Pennsylvania?
  • What types of cases do you handle?
  • How often do you handle cases similar to mine?
  • Can you tell me about a case you handled similar to mine? What was the result?
  • Do you have any client testimonials?

2) What would be your strategy for my case?

Most lawyers do not offer specific legal advice in an initial consultation, but s/he should explain the possible approaches to handling your case. S/he may also offer a general overview of the strategy s/he will follow.

Related questions may include:

  • What strategies have you used for similar cases in the past?
  • How long do you think this case could take using this strategy?
  • What are the pros and cons of this strategy?

3) Are there any alternatives to going to court?

Especially in personal injury cases, there is often a good chance you can avoid going to court. A lawyer will usually try to negotiate a fair and just settlement with the insurance company before resorting to filing a lawsuit. Even once you file a suit, mediation and arbitration may be possible. Both of these options can help you avoid going to court.

Related questions may include:

  • What percentage of your cases has settled out of court?
  • Do you consider yourself an effective negotiator?
  • Are you comfortable taking this case to trial if you cannot reach a just settlement?
  • Will you prepare my case for court even if you plan to settle out of court?

4) What are my possible outcomes?

Some lawyers may only tell you what you want to hear. The right lawyer, however, will give you an honest look at how your case may conclude. No lawyer can give you an exact value of your case or promise that you will reach an out-of-court settlement, but s/he can offer possibilities based on his/her experience.

Related questions may include:

  • Do see us running into any major issues?
  • What are our chances of avoiding a lawsuit?

5) Who will actually handle my case?

While you may meet with one lawyer, others in the legal office may work on your case. This often includes other attorneys and paralegals. You will want to know who your point of contact is within the office, and the experience of those working on your case.

Related questions may include:

  • Who should I call with questions about my case?
  • How often can I expect updates or reports? How will I receive these updates?
  • Will you represent me in settlement negotiations and/or court?

6) What is my role in my case?

Attorneys desire different levels of participation from their clients. Your attorney probably will not want you to talk to witnesses or the insurance company without prior approval, but s/he may need you to compile documentation of your injuries and other similar tasks.

Related questions may include:

  • What do you need from me to build the strongest possible case?
  • What should I avoid in order to win my claim?

7) How much will this cost me?

It is never fun to talk about money, but this is the time to do it. Most personal injury lawyers charge based on contingency. This means you pay nothing until you receive your settlement. There may, however, be another fee structure or additional fees you need to pay.

Related questions may include:

  • What is your fee structure? Contingency? Hourly? Flat fee?
  • Will there be any additional costs?
  • Can you give me an estimate of the total cost of my case?
  • Check out our bios to learn more about our team.

What You Should Look For When Hiring An Attorney To Represent You

Choosing an attorney should not be a decision that is taken lightly, especially since you are actually putting your future in the hands of someone else. To help with that selection process, there are certain criteria everyone should consider when looking for legal representation.

Experience
The importance of experience in an attorney cannot be overstated. This is extremely valuable in cases that wind up in litigation as you want a lawyer who has been there before. Experienced attorneys know what tactics to use and when to use them. There is also a lot of negotiation that goes back in forth in personal injury cases, so it is important to have the patience to know when to wait things out and when to have the decisiveness to settle. That all comes with experience. Lawyers who are experienced in local court systems also bring an added advantage, being so familiar with the lay of the land.

Skill/Specialization
When you find yourself arrested for a crime, such as a DUI, you want a criminal attorney who specializes in representing clients who face DUI charges. That kind of specialization allows clients to have the highest chance of success. Once you find a lawyer, who specializes in your type of case, then it’s time to examine their skills. Communication skills are essential in a good lawyer as you want to hire an attorney who can explain every detail of your case so that you full comprehend the entirety of your situation.

Availability
It is important to be able to get in touch with your lawyer when the situation calls for it. Hiring a lawyer, who is overloaded with clients, means that you probably will be limited when it comes to any one-on-one attention. Make sure that your lawyer is accessible and capable of answering your questions when it’s necessary. Many criminal cases and personal injury cases can introduce people to quite a bit of worry. Hiring a lawyer who is rarely available will only add to that worry.

Personal Touch
Adding a personal touch means taking a heightened interest in every client. That means adding a little more care and attention to every case. Lawyers who add that personal touch become invested in their clients. While many lawyers have developed a bit of a callous reputation, those who provide a personal touch manage to make a lasting impression by showing more attentiveness and dedication.

Bardine Law is ready to provide you with an injury attorney or criminal defense lawyer, who can meet all your legal needs. Our team will go that extra mile to provide you with a top-quality accident attorney.

THINGS TO KNOW BEFORE HIRING A LAWYER

Hiring a lawyer for the first time can be a very daunting experience.  Knowing what to expect when looking for a lawyer may help prevent hardship in the long run.  Hiring the right lawyer for you and your particular situation can make a big difference in the overall outcome of your case, and may make a big impact on your future.  Make sure you are looking for the right qualities in a lawyer.  Just like physicians or any other professionals, while there is a minimum standard they must meet to practice, some lawyers are better than others.  Below are a few criteria that you should consider:

1. Ask friends and family.  Word of mouth is the most common way that potential clients learn about lawyers they may want to hire.  Unlike advertising, you are able to gain a deeper insight into what an experience is like dealing with a particular lawyer.  When talking about lawyers with friends and family, make sure to ask as specific and detailed questions as possible.

2. Do some quick research.  Today, with the Internet it is very simple and easy to check an attorney’s background and experience.  Do a search for the attorney’s name and you might be surprised what you find.

3. Get a Feel for the Attorney’s Experience.  Before hiring an attorney, you need to know what he or she has done in the past, and the areas in which his or her practice concentrates.  It is not necessary that the attorney have overwhelming plethora of experience in your desired area; in fact, sometimes an attorney with a few years of experience can be more effective than a lawyer who has practiced in that particular area of law for a very long time.  Keep in mind also that just because a lawyer has been in practice for a very long time, it doesn’t mean that he or she has extensive experience in your desired area of law.  One type of law can be very different from another, and hiring a lawyer who matches what you are trying to accomplish is crucial for ensuring the greatest probability of a favorable outcome.  One lawyer may be great in one particular area, but cannot effectively handle a case in another area.

4. Understand the Attorney’s Style.  Attorneys are human beings first, and each has his or her own unique “bedside manner”.  Some are very gentle and diplomatic, and others are very aggressive and direct.  There’s no right answer here.  It is simply a personal preference, but one that can make a difference between a lasting professional relationship or a potential pitfall for breakdowns in communication between the client and the lawyer.  As well, each attorney has a unique style when it comes to handling his or her cases.  One of the purposes for an initial consultation is for the client and lawyer to get to know each other to determine if the representation will be a “good fit”.

5. Cost.  This may sound counter-intuitive, but cost, while still important, should be given the least weight when determining which attorney to hire.  Going through the phone book and hiring the lawyer who gives you the lowest bid can sometimes lead to disastrous results.  Just keep in mind that, often times, you get what you pay for.  Know whether the attorney is taking your case by the hour, on a flat fee, or on a contingency.  If hourly, then know what the attorney’s hourly rate is, and what policies the attorney uses in calculating your bill.  Knowing up front what these office policies are can avoid conflicts later.

A common practice in the legal profession is to require what is called a “retainer” for legal work.  In its most common usage, “retainer” often means a “special retainer”.  A “special retainer” is a deposit, held in the attorney’s trust account, on the Client’s behalf, to secure payment to the attorney as the legal work is completed.  Funds only transfer from the trust to the attorney upon a periodic itemized invoice (typically monthly) detailing the work performed during that period, and the remainder of the unearned funds remain the property of the client until they are properly transferred.

Hiring an attorney based on the least retainer amount required is a horrible idea.  The retainer has little or nothing to do with the attorney’s actual price.  The retainer amount has more to do with the amount of security that the attorney receives for payment during the course of the representation.  Typically, more successful attorneys will require a higher retainer amount due to a higher opportunity cost–that is, the potential opportunities to work for other clients (with guaranteed funds) that the attorney must give up in order to pursue work on your behalf.

We at Bardine Law offer FREE CONSULTATIONS for the purpose of giving the client a chance to try us out.  If you have a legal issue that you need help with, use our Contact Us on our page.