Laws that protect maritime lawyers
If you are a maritime worker, you probably know that there are laws protecting your job and your well being. You probably are also aware of the fact that you should hire a maritime attorney such as Lipcon, Margulies, Alsina & Winkleman, P.A. in the event that you are injured while at work or while traveling as a passenger on a ship. However, you should also know that there are some rules that protect lawyers themselves.
There are a few principles that all attorneys must follow. Any attorney must protect the confidentiality of their client. They must protect the computer files that they have in their office that pertain to their clients from hackers as well. They must exercise professional judgment when they advise their clients. They must be competent and keep apprised of the laws in their state and in their area of practice. They must also pledge to defend the rule of law.
Does a lawyer have to take your case?
An attorney never has to take your case. They can refuse you as a client if they simply do not feel representing you would be beneficial to their career or if they feel that your case is not winnable or if you simply cannot pay. However, if they have already taken your case it may not be that easy for them to quit. If a lawsuit has already been filed, an attorney would need a judge’s permission to withdraw from a case.
If a client lies, can a lawyer get in trouble?
If you lie to your lawyer and they believe you, they are not technically responsible. However, there is a rule called Candor to the Tribunal. Which states that there is a certain knowledge that a person should be able to glean from the circumstances.
An attorney must exercise prudence. If a client is obviously lying, it is not a good idea for the attorney to ignore this. A lawyer has the right to withdraw from representing a client if there is evidence to suggest that they are obviously lying.
A maritime lawyer may work in multiple jurisdictions
Although any lawyer has to pass a state bar exam in the state where they intend to practice law, a maritime lawyer may end up practicing law in several different jurisdictions. Maritime cases are complex. A cruise ship line may operate under the Bahaman flag but have their headquarters in Florida. An accident itself may take place on international waters. Although maritime cases are always tried in Federal District Court, a Maritime attorney may end up arguing a case that is outside of the state in which they are licensed to practice law.
Finding a maritime lawyer
The attorney you choose should have years of experience in maritime law. The firm should be staffed with legal assistance who will have plenty of time to research your case.
Maritime laws are one of the hardest types of law to practice and one of the most nuanced types of cases to try. Finding the right attorney is key to your success whether you are going to court or just into negotiations.