The role of the lawyer in our society is to protect our rights
The demands of society to protect personal and property rights of all persons have resulted in an increasingly complex system of laws. Long ago it became necessary for some to devote themselves to study and knowledge of the law so the majority could be advised of their rights and obligations. The lawyers in your community perform this service.
Only one who has a license to practice law in Illinois may do so. The preparation for such a license and legal practice requires a great deal of time, hard work and expense. The licensed lawyer must graduate from an accredited law school and thereafter must pass the Illinois State Bar examination, a rigid test of knowledge in all fields of law. Finally, he or she must submit to an examination of personal character and fitness to practice law before being admitted to the bar. Attorneys are required to adhere to a strict code of ethics in order to maintain their license to practice.
Out-of-state licensed lawyers may be admitted to the Illinois bar through a reciprocity procedure which does not require taking the Illinois bar exam.
The person who is accused of a crime or is sued for damages in a civil suit usually becomes acutely aware of the need for professional legal help. But legal assistance is highly desirable and often indispensable in many other situations in life which may have nothing to do with crime or a court action. Some of these situations are:
When Your Status Changes - Coming of age, marriage, the birth or adoption of children and moving to a different state may result in new or different legal and personal responsibilities. Such may also require changes in the way you conduct your business or financial affairs. Your lawyer can help you plan for and meet such obligations, including the preparation of various legal documents which may be required.
When You Make Or Revise A Will - The planning and drafting of your Will is an important legal matter. In drafting your Will, your lawyer can plan your estate in a way that will be most beneficial to you and to those for whom you wish to provide. Your lawyer can suggest proper methods whereby substantial savings in taxes and other estate costs may be realized.
When You Buy Or Sell Real Estate - Whenever you buy or sell real estate, you should have legal counsel. While a real estate broker may be helpful in putting the transaction together, he or she legally may not prepare certain legal documents necessary to the transaction, nor may the broker give legal advice. There are potential legal pitfalls in the buying or selling of any real estate which can be avoided only by one with knowledge of the laws relating to real estate, taxes, insurance, contracts and other related subjects. Your lawyer can protect you against such pitfalls.
When You Enter Into Any Contract - Any agreement, oral or written, which involves a consideration - that is, the exchange of something of value in return for some goods or service rendered - may be binding and enforceable. As a general rule, oral agreements should be avoided and written agreements should be either prepared by or examined by a lawyer on your behalf before being signed by you. You should consult with him or her regarding any agreement, particularly one representing a major financial obligation, before being entered into by you.
When You Are Involved In An Accident - If you are involved in an accident of any kind resulting in personal injury or property damage, you should consult with a lawyer immediately.
Whenever Your Rights Are Threatened - The law exists to protect your rights, but often you must take definite action to make those laws work for you. Your lawyer is prepared to protect and enforce your rights under the law in all your personal or business affairs.
A lawyer must be completely loyal to you with no conflicts of loyalty. In representing you, a lawyer must know all the facts of the case - including those which may appear unfavorable to your cause - but your lawyer must not disclose those facts to anyone else without your consent, unless required to do so by law.
Your lawyer also has taken an oath to be loyal to the administration of justice. So while he or she may use in your behalf all legitimate means, a lawyer must not resort to illegal or unethical tactics or untruths.
Many lawyers in Illinois are members of the Illinois State Bar Association, an organization which seeks to promote and maintain the fair and efficient administration of justice and the highest standards of professional ethics.
Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.
© Illinois State Bar Association
If you have questions about the application of the law in a particular case, consult your lawyer. The law is constantly changing. Information on this site or any site to which we link does not constitute legal advice.