Ragland_Shay_M5_CTQuestions

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University of Alabama *

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Law

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Jun 26, 2024

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Module 5 Critical Thinking Questions a. Summarize the history of prohibition on lawyers for advertising. During the early twentieth century, lawyers frequently advertised their services. In the 1930s, elite lawyers advocated for a restriction on advertising. It took nearly forty years for solo practitioners and lawyers in small companies to lift the ban on advertising. The primary factors that ushered in this transition were a series of United States Supreme Court rulings that overturned bar organization rules that limited lawyers' freedom to compete for clients. In 2018, the ABA revised the regulations on advertising to include electronic media and made numerous other adjustments to the rules on acceptable advertising. State and local bar associations have considerably different advertising standards. Some of the most contentious advertisements show lawyers phoning disaster victims. The influence of advertising is not entirely evident. According to studies, lawyers who promote are seen as being less competent, honest, helpful, effective, and reliable than those who do not advertise. There is also a risk that aggressive advertising will undermine trust in the legal profession. b. Explain and discuss contingent fees. Be sure to identify what type of cases are most related to this. A contingent fee, sometimes referred to as a contingency fee agreement or "success fee", is a payment arrangement in which a lawyer gets compensated with a percentage of their client's financial award in the event of a successful outcome in their case, instead of charging an hourly rate. This type of fee is often used in accident, personal injury, or other types of legal cases in which someone is being sued. In contrast to a fixed hourly fee, in a contingent fee arrangement lawyers receive a percentage of the monetary amount that their client receives when they win or settle the case. c. Define cause lawyering and explain the most common reason for it. Cause lawyering is a profession in which lawyers utilize the law to promote social change and address a specific cause. It is often referred to as public interest or social lawyering. Cause lawyers may work for public-service organizations, individually, or as part of a private practice. Cause lawyering can be done pro gratis or not. Cause lawyering can include full-time work for a social justice organization or lawyers who complement their legal business by taking cases on behalf of a political or social cause. The most common reason for cause lawyering is when
lawyers use the law to advance a social movement or social policy they believe is in the “public interest.” d. Define and explain group legal services plans. Group legal services plans, frequently called prepaid legal or legal insurance, are employee perks offering subsidized legal services. Employers can include these plans in a workplace benefits package, and employees can enroll by paying a monthly or yearly fee. The employer usually funds the plan and can cover various legal matters, including wills, contracts, and other personal legal needs. e. Define pro bono and explain the rationale behind it. Pro bono publico is considered part of a lawyer's responsibility to ensure equitable justice. It emphasizes that lawyers' principal job is to uphold the rule of law. It fosters respect for lawyers and builds trust in the legal system's fairness. It can help to recruit idealistic young attorneys. Pro bono labor entails delivering free services to those in need rather than monetary or material compensation. There is a long tradition of pro bono work in America, and the financial industry is part of that tradition.
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