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Your Free Online Legal Dictionary • Featuring Black’s Law Dictionary, 2nd Ed.

REPRESENTATION Definition & Legal Meaning

Definition & citations:.

In Contracts. A statement made by one of two contracting parties to the other, before or at the time of making the contract, in regard to some fact, circumstance, or state of facts pertinent to the contract, which is influential in bringing about the agreement. In insurance. A collateral statement, either by writing not inserted in the policy or by parol, of such facts or circumstances , relative to the proposed adventure, as are necessary to be communicated to the underwriters, to enable them to form a just estimate of tlie risks. 1 Marsh. Ins. 450. The allegation of any facts, by the applicant to the insurer, or vice versa, preliminary to making the contract, and directly bearing upon it, having a plain and evident tendency to induce the making of the policy. The statements may or may not be in writing, and may be either express or by obvious implication . Lee v. Howard Fire Ins. Co., 11 Cush. (Mass.) 324; Augusta Insurance & Banking Co. of Georgia v. Abbott, 12 Md. 34S. In relation to the contract of insurance , there is an important distinction between a representation and a warranty.The former, which precedes the contract of insurance, and is no part of it, need he only materially true: the latter is a part of the contract, and must be exactly and literally fulfilled, or else the contract is broken and inoperative. Glendale Woolen Co. v. Protection Ins. Co., 21 Conn. 19, 54 Am. Dec. 309. In the law of distribution and descent. The principle upon which the issue of a deceased person take or inherit the share of an estate which their immediate ancestor would have taken or Inherited, if living; the taking or inheriting per stirpes . 2 Bl. Comm. 217, 517. In Scotch law . The name of a plea or statement presented to a lord ordinary of the court of session , when his judgment is brought under review.

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  • The United States’ Legal Representation: An In-depth Look at Representatives in Legal Matters

The United States' Legal Representation: An In-depth Look at Representatives in Legal Matters

An Introduction to Legal Representation in the United States: A Comprehensive Overview

Welcome to this informative article on legal representation in the United States. In this piece, we will delve into the intricate world of representatives in legal matters, providing you with a detailed understanding of their role and significance. It is important to note that while we endeavor to provide accurate and up-to-date information, it is always advisable to cross-reference with other sources or consult legal professionals for specific advice.

Understanding Legal Representation

📋 Content in this article

Legal representation plays a vital role in the American legal system. It is a fundamental right that ensures individuals are able to navigate complex legal proceedings and protect their interests. Whether it be civil or criminal matters, having someone who can advocate on your behalf can make all the difference.

The Role of Attorneys

Attorneys are at the forefront of legal representation in the United States. They are trained professionals who have earned a law degree and passed a state bar examination. Attorneys possess specialized knowledge of the law and are equipped to guide and represent individuals or entities in legal matters.

Different Types of Legal Representatives

There are various types of legal representatives, each serving a unique purpose within the legal system. Let’s explore a few of the most common ones:

1. Criminal Defense Attorneys : These attorneys specialize in defending individuals accused of criminal offenses. They ensure that their clients’ rights are protected and provide guidance throughout the entire criminal justice process.

2. Civil Litigation Attorneys : Civil litigation attorneys handle non-criminal legal disputes between individuals, organizations, or government entities. They represent their clients in court and strive to achieve a favorable outcome through negotiation or litigation.

3. Corporate Attorneys : Corporate attorneys focus on advising businesses on legal matters such as contracts, compliance, intellectual property, and mergers and acquisitions. Their expertise ensures that businesses operate within the boundaries of the law.

4. Family Law Attorneys

Understanding the Right to Legal Representation in the United States

Legal representation is a fundamental right provided to individuals facing legal matters in the United States. It ensures that everyone, regardless of their financial means, is afforded a fair and just legal process. In this article, we will explore the concept of legal representation in the United States, including its importance and how it is guaranteed.

The Importance of Legal Representation

Legal representation plays a crucial role in the American justice system. It ensures that individuals have access to a knowledgeable and skilled advocate who can navigate the complexities of the law on their behalf. Here are some key reasons why legal representation is essential:

  • Protecting Rights: Legal representation safeguards an individual’s constitutional rights, such as the right to a fair trial, the right against self-incrimination, and the right to due process. An attorney acts as a safeguard against any violations of these rights.
  • Legal Expertise: Attorneys possess specialized knowledge and expertise in the law. They understand legal procedures, statutes, and case law, allowing them to effectively represent their clients’ interests.
  • Negotiation and Advocacy: Attorneys serve as advocates for their clients, both in and out of the courtroom. They negotiate on behalf of their clients, ensuring their interests are protected and promoting fair outcomes.
  • Access to Resources: Legal representation provides access to resources that individuals may not have otherwise. Attorneys have networks of experts, investigators, and other professionals who can assist in building a strong case.

The Right to Legal Representation

The right to legal representation is enshrined in the United States Constitution, specifically in the Sixth Amendment. The Sixth Amendment guarantees individuals facing criminal charges the right to an attorney. This right extends to all stages of the criminal process, including pre-trial, trial, and appeal.

  • Understanding the Constitutional Right to Legal Representation in the United States

Understanding the Constitutional Right to Legal Representation in the United States:

In the United States, the right to legal representation is a fundamental aspect of the justice system. It is enshrined in the Sixth Amendment of the United States Constitution, which guarantees that “in all criminal prosecutions, the accused shall enjoy the right…to have the assistance of counsel for his defense.”

This constitutional right ensures that individuals who are facing criminal charges have the opportunity to be represented by an attorney throughout the legal process. It recognizes that legal representation is essential to safeguarding a person’s rights, ensuring a fair trial, and promoting justice.

Key Points to Understand:

1. Presumption of Innocence: The right to legal representation is grounded in the principle of “presumption of innocence,” which means that a person is considered innocent until proven guilty. This principle underscores the importance of providing individuals with access to legal representation to help defend against criminal charges.

2. Criminal Proceedings: The Sixth Amendment guarantees the right to legal representation in criminal prosecutions. This includes all stages of the legal process, from pre-trial proceedings, plea negotiations, and trial to post-trial motions and appeals. The right extends to both state and federal criminal cases.

3. Public Defenders: For individuals who cannot afford to hire a private attorney, the government provides public defenders. Public defenders are attorneys who are employed by the state or federal government to represent individuals who meet certain income criteria. While public defenders play a crucial role in ensuring access to legal representation, their heavy caseloads can sometimes raise concerns about their ability to provide effective representation.

4. Private Attorneys: Those who can afford to hire their own attorneys have the right to do so. Private attorneys typically have more time and resources to devote to a client’s case, which can be advantageous.

Title: The United States’ Legal Representation: An In-depth Look at Representatives in Legal Matters

Introduction: In the complex world of US law, legal representation plays a vital role in ensuring justice is served. Whether it be in civil or criminal cases, individuals rely on representatives to navigate the intricate legal system on their behalf. This article aims to provide an in-depth examination of the different types of legal representatives in the United States and emphasizes the importance of staying updated on this topic. However, it is crucial for readers to verify and cross-reference the information provided here to ensure its accuracy.

1. Attorneys at Law: Attorneys at Law, commonly known as lawyers, are professionals licensed to practice law and represent clients in legal matters. They are trained in various areas of the law and can specialize in specific fields such as criminal defense, corporate law, family law, or intellectual property. Attorneys play a crucial role in providing legal advice, drafting legal documents, representing clients in court proceedings, and negotiating settlements.

2. Public Defenders: Public defenders are attorneys appointed by the court to represent individuals who cannot afford private legal representation. They work within the public defender’s office and handle criminal cases. Public defenders are essential for ensuring access to justice for all individuals, regardless of their financial circumstances.

3. Prosecutors: Prosecutors, also known as district attorneys or state attorneys, are government officials responsible for representing the state or federal government in criminal cases. Their role is to present evidence against the accused and seek justice on behalf of the public. Prosecutors work closely with law enforcement agencies and are responsible for deciding whether or not to bring charges against an individual.

4. Legal Aid: Legal aid organizations provide free or low-cost legal services to individuals who cannot afford private representation. These organizations are often non-profit and receive funding from various sources, including government grants and private donations. Legal aid attorneys help individuals with civil matters such as housing, immigration, employment, and family law issues.

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representation

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2) See right of representation .

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Legal Representation

Legal representation.

The legal work that a licensed attorney performs on behalf of a client.

Licensed attorneys have the authority to represent persons in court proceedings and in other legal matters. When hiring an attorney, a careful consumer considers a number of variables, including the nature and importance of the case, the attorney's fee and payment arrangement, personal chemistry with the attorney, and the attorney's reputation.

Self-Representation

If a case is simple, a person may wish to represent himself, or proceed pro se. The courts usually discourage self-representation because legal practice requires special skills, and an unschooled pro se party is usually at a disadvantage in court. Even attorneys are well advised to hire another attorney for personal legal problems.

Advertising

Many attorneys advertise their services. Attorneys must obey all applicable advertising laws and must follow rules of professional conduct related to advertising. Under these rules they may not make false or misleading claims, create unjustified expectations, or compare the services of another attorney unless the comparison can be factually substantiated. An attorney may not make in-person or live telephone solicitations unless the attorney is related to the person or has a professional relationship with the person. An attorney may not contact an individual after he or she indicates a desire that the solicitations cease, and an attorney may not coerce or harass prospective clients. Aside from these and similar restrictions, attorneys generally are free to use the various media to promote their services.

Duties and Obligations

Legal representation places duties on both the client and the attorney. The client should provide the attorney with all information relevant to the case and keep the attorney apprised of new information. The client should be completely honest about the case with the attorney. The client also should follow the attorney's directives.

The client has an obligation to pay the attorney for the representation. If the client does not make timely payment, the attorney may decline to perform further work for the client. An attorney also may discontinue representation if the client wants the attorney to perform an unethical or illegal act, the client lies and refuses to correct the lie, the client makes representation unreasonably difficult, or the attorney discovers a conflict of interest.

Generally, a conflict of interest is any circumstance that adversely affects a client, or limits the loyalty of the attorney to a client. For example, assume that an attorney regularly represents a corporation. A new client seeks the attorney's representation in a suit against the same corporation. Representing the new client would be a conflict of interest. Generally, the attorney would not be able to take the case or continue representation after the conflict was discovered. However, the attorney may continue representation if he does not believe that the conflict would adversely affect the relationship with the corporation, and if both the corporation and the client agree to the attorney's representation. In practice, continued representation where there is a conflict of interest is rare.

If an attorney must withdraw from representation, he must act to protect the interests of the client. This may involve helping the client find another attorney, postponing court dates, and surrendering papers and documents relevant to the case. The attorney must return to the client any money owed to the client under the fee agreement.

An attorney has many obligations to his or her client. He must zealously defend the interests of the client and respond to the client's concerns. He must communicate with the client, keeping the client informed about the status of the case and explaining developments so that the client can make informed tactical decisions. He must abide by the client's decisions regarding the objectives of the representation. With few exceptions an attorney may not divulge client communications to outside parties without the client's consent.

Attorneys are officers of the court, and as such they must follow the law and obey ethical constraints. They may not harass persons in the course of representation. They may not assist a client who they know will not tell the truth about the case. An attorney should not begin a romantic affair with the client during the course of legal representation. In most states such behavior is an ethical violation. No attorney in any state may perform legal services in exchange for sexual relations.

Attorneys' fees vary by attorney and by case. An attorney may charge a client in several different ways. The most common forms of billing include flat fees, hourly rates, contingent fees, and retainers.

Hiring an Attorney

The first task in hiring an attorney is to find one who can manage the particular legal problem at issue. All attorneys are not equally skilled in every area of the law. Like many other professionals, attorneys tend to specialize in certain areas of practice such as contracts, patents, family matters, taxes, personal injuries, criminal matters, and business matters. A person facing criminal charges, for example, will want to contact an attorney who specializes in criminal defense work, not a patent attorney.

Some attorneys are known for their skill in certain types of cases within a specialty. For example, a criminal defense attorney may be competent to handle any criminal case, but may be especially proficient in drunk driving cases or homicide cases. Attorneys who specialize in certain types of cases often have developed a network of helpful contacts and have a great deal of experience with the kinds of issues involved in these cases.

Some attorneys are general practitioners, proficient in a broad range of legal topics. These attorneys are generally less expensive than specialists. However, if a general practitioner is not competent in a particular area, she may need to put more time and effort into the case than would a specialist, and the client will have to pay for this extra work.

Many businesses specialize in making attorney referrals at no charge to the consumer. They offer lists of attorneys categorized by area of expertise or type of client. For example, some referral services list attorneys who specialize in representing persons of color, women, or gay men and lesbians.

After obtaining a list of qualified attorneys, the consumer should have an initial consultation with several attorneys if possible. Some attorneys offer such a consultation at no cost, whereas others may charge a nominal fee. In either case the initial consultation does not obligate the consumer to hire that attorney or firm.

At the initial consultation, the potential client should provide the attorney with as much information as possible about the case. Relevant information may include pictures, witness statements, and other documents. This information helps the attorney make an informed judgment about the case.

The attorney generally does not give legal advice at the initial consultation. Instead, the attorney will ask questions to determine whether he is able to represent the consumer. The attorney will not begin to work on the case until a fee arrangement has been reached with the consumer.

In deciding whether to retain a particular attorney, the consumer should look at a number of issues. If money is a consideration, the consumer should weigh the attorney's fee against the importance of the case. For example, the consumer may be willing to spend more money on an attorney if facing criminal charges than if involved in a minor civil matter.

If the consumer and the attorney will need to meet frequently during the representation, the consumer should consider the location of the attorney's office and required travel time.

Another consideration is personal chemistry. Attorneys and clients do not have to be friends, but they should have some rapport so that they can work together. If the consumer does not feel comfortable with an attorney, she should find another attorney.

If time is a consideration, the consumer should ask how long the attorney expects the case to last. Some attorneys work more quickly than others.

A consumer should also consider the reputation of the attorney. Attorneys usually are willing to provide a list of previous clients as references. All states have a professional responsibility board that oversees the conduct of attorneys in the state. These boards may be able to give consumers information regarding ethical violations by attorneys. The consumer also may want to ask if an attorney has malpractice insurance, which compensates clients who are victims of incompetent legal work.

A flat fee is a dollar amount agreed to by the attorney and the client before the attorney begins work on the case. The flat fee is favored by many attorneys because it is a simple transaction and because the attorney is paid at the beginning of the representation. The attorney identifies the amount of work that the case will require and calculates a reasonable fee based on the time and effort involved. If the attorney spends less time on the matter than anticipated, the attorney may keep the excess payment, unless the attorney and client agree otherwise. Conversely, the attorney who charges a flat fee may not later demand more money if the case requires more time and effort than originally anticipated.

An hourly rate is a predetermined amount charged for each hour of the attorney's work. The attorney and client may agree that hourly fees are to be paid periodically, or in one lump sum at the end of the case. The time that an attorney charges for legal work is called billable time, or billable hours. Hourly rates vary according to the attorney's expertise and experience. Some critics have argued that hourly rates discourage quick work and expedited resolutions. Before agreeing to an hourly rate, prospective clients should ask for a written estimate of the number of billable hours that the attorney anticipates will be necessary to complete the matter.

A contingent fee is a percentage of the amount recovered by the client. A contingent fee is not paid by the client until the client wins money damages from a defendant. Attorneys offer such a fee if the client stands a good chance of winning a sizable cash settlement or judgment. Contingent fees cannot be used in divorce cases, child custody cases, and criminal cases.

Contingent fees are a gamble for the attorney. If the client does not win the case or wins less money than anticipated, the attorney may work for no or little pay. Common contingent fees range from 20 to 40 percent of the client's recovery. For personal injury and medical malpractice cases, laws in all states limit the percentage that an attorney may receive from a client's recovery. For other cases the percentage is negotiable between the client and attorney.

A client may retain an attorney for a specific period of time rather than for a specific project. In return for regular payment, the attorney agrees to be on call to handle the day-to-day legal affairs of the client. Most individuals do not have enough legal matters to keep an attorney on retainer.

The term retainer also refers to an initial fee paid by the client. Retainers often are used by attorneys who charge an hourly rate, and some attorneys add an initial retainer to a contingent fee.

Pro Bono Services

The term pro bono means "for the good." In practice pro bono describes legal work performed free of charge. Pro bono work is not required of attorneys in most jurisdictions, but courts occasionally appoint attorneys to represent an indigent client free of charge. Under Rule 6.2 of the American Bar Association 's Model Rules of Professional Conduct, a lawyer may refuse an appointment, but only if: (1) the appointment would somehow violate another rule of conduct (such as conflicts of interest) or law; (2) the appointment would unreasonably burden the lawyer; or (3) the lawyer finds the appointment so repugnant that he would not be able to effectively represent the client. Attorneys often perform pro bono work in order to contribute to their community and create goodwill for the firm.

Public Legal Services

Legal services organizations exist in all states to provide free or low-cost legal services to qualified persons. Legal services offices are funded by a variety of sources, including private businesses, private individuals, the interests from lawyer trust accounts, and federal, state, and local governments. Civil matters such as bankruptcies, divorces, and landlord-tenant disputes are handled by legal aid agencies. Criminal matters are handled by state public defenders.

Private Legal Services

Some organizations sell "legal insurance" for a fee. Legal insurance is a form of prepaid legal service in which the consumer pays a premium to cover future legal needs. Such a service may be offered through labor unions, employers, or other private businesses. Most legal insurance policies do not cover all types of legal matters, and the policyholder may not be entitled to choose his lawyer. The consumer should determine the scope and nature of the legal representation offered in legal insurance packages.

Other Considerations

If a client does not believe he or she has received competent legal representation, the client has several options. In a criminal case, if a convicted defendant believes he received incompetent representation, the defendant can address the issue on appeal, and the appellate court may reverse the verdict. If a client believes that an attorney has committed misconduct, the client may contact the board of professional responsibility in the state in which the attorney practices. If an attorney is found to have violated the law or the applicable professional conduct code, the attorney is subject to discipline by the board. Discipline can range from a reprimand to revocation of the attorney's license.

In some states if an attorney and client have a dispute over fees, the attorney may place a lien on the client's money or personal property. There are two types of attorney liens: a retaining lien and a charging lien. A retaining lien gives the attorney the right to retain money or property belonging to the client until the client pays the bill. The attorney does not have to go to court to do this, but the judge may order a hearing at the request of the client to determine whether the attorney has good reason to keep the money or property.

A charging lien gives an attorney the right to be paid from the proceeds of a lawsuit. For example, if an attorney charges a client a contingency fee and the attorney wins a large monetary award for the client, the attorney is entitled to a predetermined share of the award. Generally, the attorney may keep a certain amount for services rendered even if he was fired by the client. However, if a court finds that the client properly fired the attorney for misconduct, the attorney may not be entitled to any portion of the client's award.

further readings

American Research Corporation. 1994. "How to Hire an Attorney." In Consumer Guidebook: Law and Leading Attorneys. Minnesota edition Minneapolis: American Research Corporation.

Editors of Court TV and The American Lawyer. 1995. The Court TV Cradle-to-Grave Legal Survival Guide. 1st ed. Boston: Little, Brown.

Latto, Lawrence J. 1998. "The Restatement of the Law Governing Lawyers: A View from the Trenches." Hofstra Law Review 26.

McKay, John. 2000. "Federally Funded Legal Services: a New Vision of Equal Justice Under Law." Tennessee Law Review 68 (fall): 101–18.

Morgan, Thomas D., and Ronald D. Rotunda. 1993. 1993 Selected Standards on Professional Responsibility. Westbury, N.Y.: Foundation Press.

Peters, Jean Koh. 2001. Representing Children in Child Protective Proceedings: Ethical and Practical Dimensions. 2d ed. Newark, N.J.: LexisNexis

Rotunda, Ronald D. 2002. Professional Responsibility. 6th ed. St. Paul , Minn.: West.

Watson, Sidney D., ed. 2001. Representing the Poor and Homeless: Innovations in Advocacy. Washington, D.C.: American Bar Association , Commission on Homelessness & Poverty.

cross-references

Attorney-Client Privilege ; Attorney Misconduct ; Attorney's Lien ; Client Security Funds ; Ethics, Legal ; Legal Advertising ; Legal Malpractice ; Practice of Law ; Professional Responsibility ; Right to Counsel .

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Adequate Legal Representation Laws

(This may not be the same place you live)

  What Does Adequate Legal Representation Mean?

Adequate legal representation means having a competent attorney who is able to provide sufficient, effective, and diligent representation in a criminal trial or criminal proceeding.

Adequate legal representation includes proper communication with the client, thorough investigation of the case, effective cross-examination of witnesses, and appropriate presentation of evidence and legal arguments.

What if the Legal Representation in a Case Was Not Adequate?

What is the appeals process, can i get an adequate representation from another attorney, what are some examples of inadequate representation, can i sue for legal malpractice, how to sue an attorney for malpractice, do i need a lawyer for help with adequate legal representation laws.

If the legal representation in a case is not adequate, a defendant may have grounds for an appeal or post-conviction relief.

Post-conviction relief could include filing a motion for a new trial or claiming ineffective assistance of counsel.

The appeal stages of a trial typically involve a direct appeal to a higher court, followed by possible post-conviction relief petitions and, if necessary, further appeals to higher courts, including the state supreme court or the U.S. Supreme Court.

Appealing provides an opportunity for a party who is dissatisfied with a lower court’s decision to challenge the decision and possibly obtain a reversal or modification of the decision.

The following is an example of someone appealing due to inadequate counsel:

Let’s say John was arrested and charged with a serious crime.

John’s court-appointed lawyer was inexperienced and failed to present key evidence that could have helped John’s case.

The lawyer also failed to cross-examine key witnesses effectively, and John was ultimately convicted and sentenced to a lengthy prison term.

After the trial, John became aware that his lawyer’s performance fell far below the standard of adequate representation required by law.

He decides to file an appeal based on the grounds of inadequate counsel.

John’s appeal would involve filing a notice of appeal, ordering a copy of the record from the trial court, and submitting written briefs to the appellate court.

In this case, John would argue that his court-appointed lawyer was ineffective and failed to provide adequate representation.

During the appeal, John’s new lawyer would present evidence and arguments demonstrating how John’s previous lawyer failed to meet the standard of adequate representation required by law.

John’s new lawyer might also argue that the trial court’s decision was tainted by the ineffective assistance of counsel and request for a new trial.

If John’s appeal is successful, the court may reverse the lower court’s decision, order a new trial, or modify the sentence. However, if the appeal is unsuccessful, the lower court’s decision would stand, and John would have to explore other legal options.

A defendant has the legal right to change attorneys if they believe their current counsel is not providing adequate representation.

They can either hire a new private attorney or, if they qualify, request a court-appointed attorney.

Examples of inadequate representation may include failure to investigate potential witnesses or evidence, not presenting a viable defense, conflict of interest, lack of communication with the client, or incompetence in legal arguments and court proceedings.

Suppose that Maria is charged with drug trafficking, which carries a potential sentence of 20 years in prison.

Maria hires a private attorney, John, to represent her in court.

John meets with Maria a few times before the trial, but he seems disinterested in the case and does not communicate with Maria regularly.

At trial, John fails to present a viable defense for Maria. He does not investigate potential witnesses who could testify on her behalf, nor does he challenge the prosecution’s evidence.

During cross-examination, John asks irrelevant and confusing questions, making Maria appear more guilty in the eyes of the jury.

As a result, the jury convicts Maria, and the judge sentences her to 20 years in prison.

Maria becomes aware that John’s representation was inadequate and decides to file an appeal based on the grounds of ineffective assistance of counsel.

Maria hires a new attorney who reviews the trial record and identifies several instances where John failed to provide adequate representation. For example, John did not investigate potential witnesses who could testify on Maria’s behalf, nor did he challenge the prosecution’s evidence. During cross-examination, John asked confusing and irrelevant questions, damaging Maria’s credibility with the jury.

Maria’s new attorney files an appeal, arguing that John’s representation was so deficient that it denied Maria a fair trial.

The appellate court agrees and orders a new trial, finding that John’s representation fell below the standard of adequate representation required by law.

In this scenario, Maria’s attorney failed to investigate potential witnesses, failed to challenge the prosecution’s evidence, and provided ineffective cross-examination during the trial. These examples of inadequate representation ultimately led to Maria being convicted and sentenced to a lengthy prison term.

A defendant might consider suing their attorney for legal malpractice if a wrongful conviction happened due to inadequate legal representation.

To prove malpractice, they must establish that the attorney breached their duty of care, the breach directly caused the harm, and damages resulted from the breach.

  • Example : the attorney has an obligation to investigate the facts of the case, research the applicable law, and prepare a viable defense for the client.
  • Example : The attorney failed to investigate potential witnesses or evidence, did not present a viable defense, or failed to communicate with the client regularly.
  • Example : The attorney’s negligent representation led to the client’s conviction and sentence, resulting in substantial harm to the client, such as a lengthy prison term or a loss of freedom.
  • Example : The client suffered financial damages such as loss of income, loss of reputation, or emotional distress as a result of the wrongful conviction.

If you believe you have a valid legal malpractice claim, you can follow these steps to sue your attorney:

  • Consult with a new attorney: You should consult with a new attorney who has experience in legal malpractice cases.
  • Investigate the claim: Your new attorney will investigate your claim and gather evidence to support it.
  • File a complaint: Your new attorney will file a complaint in court, which outlines the allegations of malpractice and the damages you suffered.
  • Discovery: Both parties will engage in the discovery process, which allows them to obtain evidence and information from each other.
  • Mediation or Settlement: You may attempt to settle the case through mediation or settlement negotiations.
  • Trial: If your case does not settle, it will proceed to trial, where a jury will determine whether your previous attorney committed malpractice and the amount of damages you should receive.

If you are facing criminal charges or believe you have experienced inadequate legal representation, consult with an experienced criminal lawyer .

A knowledgeable lawyer can help protect your rights, evaluate the quality of your representation, and guide you through the legal process.

Don’t hesitate to seek legal advice and ensure your right to a fair trial is preserved.

LegalMatch is an online platform that can help you find the right lawyer for your specific legal needs, including issues related to inadequate legal representation.

Here’s how LegalMatch can help you:

  • Finding the Right Lawyer: LegalMatch’s extensive network of experienced lawyers makes it easy to find the right lawyer for your specific case. You can submit your case details, and LegalMatch will match you with a qualified lawyer who has experience in the area of law related to your case.
  • Free Case Evaluation: LegalMatch offers a free case evaluation that can help you determine the strength of your case and your legal options.
  • Lawyer Reviews: LegalMatch allows clients to review their lawyers, giving you insight into the quality of their representation and their success rate.
  • Affordable Legal Services: LegalMatch’s lawyers offer competitive rates, and you can select a lawyer who meets your budget.

Use LegalMatch today to connect with a knowledgeable and experienced lawyer who can help you with issues related to inadequate legal representation.

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Representation

Acting on behalf of someone else (such as a solicitor acting for a client); taking someone else's place (such as when a court gives an executor the right to deal with a dead person's affairs); or a statement in a contract.

Due to the seriousness of the allegations, they were advised to seek representation urgently.

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Other useful terms:.

A person appointed in a will to deal with the estate, according to the wishes set out in the will.

An agreement between two or more people (or groups) to do (or not to do) something. The agreement can be enforced by law.

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representation

Definition of representation

Examples of representation in a sentence.

These examples are programmatically compiled from various online sources to illustrate current usage of the word 'representation.' Any opinions expressed in the examples do not represent those of Merriam-Webster or its editors. Send us feedback about these examples.

Word History

15th century, in the meaning defined at sense 1

Phrases Containing representation

  • proportional representation
  • self - representation

Dictionary Entries Near representation

representant

representationalism

Cite this Entry

“Representation.” Merriam-Webster.com Dictionary , Merriam-Webster, https://www.merriam-webster.com/dictionary/representation. Accessed 5 May. 2024.

Kids Definition

Kids definition of representation, legal definition, legal definition of representation, more from merriam-webster on representation.

Thesaurus: All synonyms and antonyms for representation

Nglish: Translation of representation for Spanish Speakers

Britannica English: Translation of representation for Arabic Speakers

Britannica.com: Encyclopedia article about representation

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  • Practical Law

Representation

Practical law uk glossary 4-501-4472  (approx. 3 pages).

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COMMENTS

  1. Legal Representation legal definition of Legal Representation

    Legal Representation. The legal work that a licensed attorney performs on behalf of a client. Licensed attorneys have the authority to represent persons in court proceedings and in other legal matters. When hiring an attorney, a careful consumer considers a number of variables, including the nature and importance of the case, the attorney's fee ...

  2. Legal Advice vs. Legal Representation: What's the Difference?

    The term legal advice covers a broad range of services, including: helping you write a petition, a motion, or any other court document. explaining the meaning of a court order. drafting appeals in administrative ( IV-D ) cases. suggesting what to say, or what not to say, in court. developing strategies to help you win your case.

  3. Legal Representative

    The legal representative meaning is any person given legal authority by the judicial system to represent another person in the court process. There are many types of legal representation that ...

  4. What Is A Representation Agreement?

    A representation agreement with your lawyer should provide details on the legal services your attorney will provide, the fees and payment structure and when and how you can terminate the attorney ...

  5. legal representation

    Legal representation is generally the process of attorneys representing their clients in court (courtroom advocacy) and the process of attorneys representing their clients in transactional matters such as drafting, reviewing, and negotiating legal documents and relationships. You have the right to an attorney (right to counsel) under the Sixth Amendment to the United States Constitution—but ...

  6. Understanding the Constitutional Right to Legal Representation in the

    The Role of Legal Representation: Legal representation serves several crucial purposes within the legal system. Understanding the Constitutional Right to Legal Representation in the United States. Introduction: The right to legal representation is a fundamental aspect of the United States legal system. Enshrined in the Constitution, this right ...

  7. Definition of 'legal representation'

    Law representation by a lawyer.... Click for English pronunciations, examples sentences, video.

  8. represent

    represent. 1) To serve as one's agent . 2) To serve as one's attorney. An attorney can represent a client in litigation proceedings, settlement negotiations, or in transactional negotiations. 3) A close alignment of litigants' interests in class actions, which enables courts to treat all litigants as present in the litigation, even if not ...

  9. Legal representation

    legal representation: 1 n personal representation that has legal status "an person who has been declared incompetent should have legal representation " Type of: agency , delegacy , representation the state of serving as an official and authorized delegate or agent

  10. REPRESENTATION Definition & Meaning

    The name of a plea or statement presented to a lord ordinary of the court of session, when his judgment is brought under review. Find the legal definition of REPRESENTATION from Black's Law Dictionary, 2nd Edition. In Contracts. A statement made by one of two contracting parties to the other, before or at the time of making the contract, in ...

  11. The United States' Legal Representation: An In-depth Look at

    Understanding the Right to Legal Representation in the United States. Legal representation is a fundamental right provided to individuals facing legal matters in the United States. It ensures that everyone, regardless of their financial means, is afforded a fair and just legal process. In this article, we will explore the concept of legal ...

  12. Legal representative Definition & Meaning

    noun. : one who represents or stands in the place of another under authority recognized by law especially with respect to the other's property or interests: as. a. : personal representative. b. : an agent having legal status. especially : one acting under a power of attorney.

  13. representation

    representation. 1) See represent. 2) See right of representation. [Last updated in December of 2020 by the Wex Definitions Team] wex. commercial activities. legal practice/ethics. wex definitions.

  14. Representations and Warranties

    A representation is an assertion as to a fact, true on the date the representation is made, that is given to induce another party to enter into a contract or take some other action. A warranty is a promise of indemnity if the assertion is false. The terms "representation" and "warranty" are often used together in practice.

  15. Legal Representation

    Legal representation places duties on both the client and the attorney. The client should provide the attorney with all information relevant to the case and keep the attorney apprised of new information. ... Gestalt Therapy, Definition Gestalt therapy is a complex psychological system that stresses the development of client self-awareness and ...

  16. What Does Inadequate Legal Representation Mean?

    If the legal representation in a case is not adequate, a defendant may have grounds for an appeal or post-conviction relief. Post-conviction relief could include filing a motion for a new trial or claiming ineffective assistance of counsel. The appeal stages of a trial typically involve a direct appeal to a higher court, followed by possible ...

  17. Legal representation Definition

    Legal representation means the provision of civil legal services, other than acting as a mediator or arbitrator, to an individual or legal person F13 in particular proceedings where that individual or legal person—. Sample 1 Sample 2. Based on 5 documents. Legal representation means ongoing legal representation provided.

  18. What does Representation mean ?

    Definition of Representation. noun - Acting on behalf of someone else (such as a solicitor acting for a client); taking someone else's place (such as when a court gives an executor the right to deal with a dead person's affairs); or a statement in a contract.

  19. Representation

    A representation acts or serves on behalf or in place of something. A lawyer provides legal representation for his client. A caricature is an exaggerated representation or likeness of a person.

  20. Representation Definition & Meaning

    representation: [noun] one that represents: such as. an artistic likeness or image. a statement or account made to influence opinion or action. an incidental or collateral statement of fact on the faith of which a contract is entered into. a dramatic production or performance. a usually formal statement made against something or to effect a ...

  21. Representation

    Representation. A statement, which relates to a matter of fact or present intention, made during contractual negotiations, which the parties do not ordinarily intend will become a contractual term, but which may induce another party to enter into a contract. However, in the context of a finance transaction, a representation will often become a ...

  22. Abortion rights: State bans, Supreme Court case and Biden's ...

    A restrictive, six-week abortion law in the once-key electoral state of Florida goes into effect on May 1 and has Democrats hoping to use the issue to make it a battleground once again.