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“HCBA” The Reflection on Legal System
As I walked into the facility, the history structure presented a lifelong enrichment of service to the legal system. I notice on the walls of the interior a list of lawyers who have come and gone through the bar association. I read about the impressions they left on how future lawyers should ethically govern themselves when practicing in the justice system. This was particularly interesting. I never would have thought in a day of my life that I would be stepping into a place where I thought I know more about, but then again, I was wrong.
I met Mr. John F. Kynes, executive director of the Hillsborough County Bar Association, located at 1610 N. Tampa Street, Tampa, Florida33602. As I interview the Executive Director, he indicated that the Bar Association holds a 3700 membership organization with its membership structure out to form 30 committees (HCBA, 2011). The members range from public practice offices, corporate attorneys, government, student members, paralegals, to all judges. The aim of the organization is to unify the legal professionals under a high standard of ethics and professionalism.
The executive director explained the legal resources used in the association. The first and the most obvious one was the constitution. The constitution is usually the primary resource for all the judges, lawyers and any other person searching for legal resources (HCBA, 2011). He told me that, the constitution contains all the necessary resources to guide them in any issues. All cases in America are tried based on the constitution. He continued to say that, the constitution is the backbone of the legal systems in America. Henceforth, the most important legal resource used by the association is the constitution.
The executive director was quick to add that the constitution is not the only legal resource; the association has other legal resources that it uses to refer whenever needed. He told me that every county has its sets of by laws that are set by the county. I discovered that the next resource were the different by laws set by the county. For instance, in some counties, the age at which minors can be tried in an adult court is fourteen but in Hillsborough, it is sixteen. However, there are cases where minors with murder cases have been tried with as little as twelve years (Susskind, 2008). With this explanation, I was able to understand why HCBA uses the Hillsborough by laws as one of their legal resources.
The other most important legal resources are the precedent cases. In most legal cases, other similar cases can provide information. For instance, in a civil suit where a person has is suing for damages due to defamation, there are similar cases that can be referred. This information is helpful. On the other hand, it offers experiences of what happens in such a situation (Warner, Elias, Elias & Nolo, 2004). The executive director concluded by saying that in the association, professionalism and excellent code of conduct in the legal system has been the key to success.
As I moved on around the offices, I was lucky to interview one of the attorneys who were preparing himself to go to court. He told me that it is one of the greatest opportunities to be at the HCBA. This is because it has offered him the experience and expertise that he requires. On to that note, I asked him the nature of legal services that provides. One of the legal services the attorneys provide is research information to law firms. He gave me an example where he was contracted to provide information on a murder case (Warner, Elias, Elias & Nolo, 2004). In this case, he was expected to maintain and provide the information with utmost professionalism. This is where he searched the information and maintains the client secrecy as expected by the professional code of ethics.
Secondly, he told me that one of the legal services he provides is to represent somebody in a court of law. He explained to me that he represents most of his clients in a court of law against legal proceedings. For example, he practices criminal law where he has specialized in representing people in the different murder cases that they are involved. In this situation, he is expected to offer his legal services to his client without hiding any information to clients. Additionally, he is expected to consult with the client any decision. This means that he is not expected to make decisions on behalf of the client.
Lastly, the attorneys are expected to keep pro bono services. These are legal services made to a client for free. Most of the time, attorneys do not provide services freely. However, the state has created a system where those people who do not have money can provide services freely to those people who do not have money. The attorney told me that they are expected to provide legal services for free to clients who do not have money, as a show of good faith as directed by the state (Susskind, 2008). Recently, he worked on a pro bono case where he represented a client on a murder case and won.
As I was speaking to the attorney, I asked him what effect or impact do the legal services have on society. The first impact is that he changes people’s lives. Many people are accused falsely. Once they go to prison or they are in the system, they are seen as criminals, yet they were innocent. Most of them become murders, robbers or even rapist. This shows that the legal services provided by the attorney can save a person’s life from becoming a hardcore criminal.
Secondly, they attorney legal services have an impact to the society in that they maintain law and order in the society. The attorney gave me a real situation if there were no attorneys. It will be chaotic in the legal system. For instance, people will not be able to represent themselves because they do not know the procedures to follow. Secondly, people will not know what evidence to gather. Additionally, they will be no professionalism in the judicial system. This shows that the judicial system that maintains laws and order will not have the law and order that it maintain in the society (Warner, Elias, Elias & Nolo, 2004). Therefore, the legal services provided by the attorney impact in the legal system in that, they maintain law and order.
The attorney left me and went to court. I walked through the association so that I could try to learn more of what happens. At one desk, I came across a paralegal who busy doing his work. However, he gave me the privilege to interview despite the fact that he was busy. At first, I asked him to define the term paralegal. He told me that paralegals are professionals who act as assistants to the layers. He continued and told me that paralegal do not provide any legal services to the clients neither do they act as the officer of the court. This means that they are expected to offer the lawyers with the necessary help that is required.
Secondly, he told me that lawyers are free to ask advice from the paralegals in any case. Lawyers do not always have all the knowledge about a case. Additionally, the information is too much for them to keep on remembering. Henceforth, they require support from somebody who will help them to look for helpful information. Additionally, they need somebody who can advise in some of the legal decisions they have to make while they are performing their duties. This is where the paralegal fits. He helps the lawyer at all times with the information that he requires. Secondly, he answers questions that might be unclear to the lawyer (Warner, Elias, Elias & Nolo, 2004).
The paralegal continued to tell me that they are behind the success of every lawyer. This is because the law is extremely wide. Therefore, there is no lawyer who can obtain what he or she reads in his or her head. Therefore, the paralegals help the lawyers by providing them with the information that they require in time for their cases. Additionally, they provide them with advice based on their own experiences in work. Lastly they can correct the lawyers if they are about to make mistakes in their cases. These legal services may seem not to have any impact, but in the real sense, they do.
I decided to let the paralegal continue with his work. I had started to gain an overview of the different legal systems and the impact law has on the society. For example, law plays a significant role to the society. People may assume this, but the impact is great. It maintains law and order in the society. This is because, if people were allowed to do as they pleased, there would be no order. Everything will turn and become chaotic. The levels of crime will automatically increase. In this case, law has stepped in and made sure that everybody is at peace.
Secondly, law offers people with not only peace but also justice. In many situations, the people who perform criminal activities, they injure those people who cannot help themselves. In this people do not have anybody or person to help. Law has taken this role and stepped in to defend those people who cannot help themselves (Susskind, 2008). For this reason, I tend to think that law has a great impact on the lives of people because it has provided justice to all the people. Additionally, it has helped those people are defenseless.
Additionally, law has a great impact on the security of people. If there were no laws, people would not be safe. A person can mug or even kill anytime. Additionally, it is the law that has ensured that people do not deviate from their duties. For instance, employers will not be harassing the employees. Additionally, parents will be giving birth to children and living them to help themselves (Warner, Elias, Elias & Nolo, 2004). This shows that people will no longer be safe again. Henceforth, law ensures that people are safe and secure in their places of work and in the society. For this fact, I think that law influences the lives of people by providing security.
On the other hand, law has great impacts on the people personally. According to what I have learnt, I have noticed that law has a great impact in my life. At first, it creates peace in my mind. This is because I have come to understand that it is law that makes me walk in the street safe and sound without being attacked. Additionally, it is law that allows me to live in an environment where I can do whatever I wanted to do as long is it is the legal. Therefore, I can say that law has an impact in my life because I have peace in my mind.
Secondly, law has molded my character to become a better person that what I could have turned out if it were not for law. For instance, it was because of law that my parent taught me that stealing is wrong. Additionally, based on what I have learnt from HCBA, parents are afraid to see their children ending up in prison. This is because parents are bringing their child to the association so that they can be taught by the association the different laws (Warner, Elias, Elias & Nolo, 2004). Therefore, this I believe that it is law that has made me to the person that I am today otherwise of there was no law I would have become a murder.
However, I think there are some legal changes that should be made in the system so that it can be better. At first, the government should ensure that the pro bono cases are taken with seriousness. This is because, most of the law firms often give this pro bono case to those lawyers who are not experienced or those lawyers that have newly joined the firm. In this case, the lawyer is not likely to represent the pro bono case better same as it would have been done by a more experienced person.
Secondly, I think the legal system should enhance the speed in the provision of justice. Despite the fact, people should be given enough time so that they can be able to prepare themselves; the legal systems should implement a method where they ensure that justice provided to the people is first. This is because many people die even before justice has been done to them. On the other hand, the criminals have the time to take change or distort the crime scene. This means that justice will be not denied. Henceforth, the government should implement and make sure that the legal system is fast to ensure timely justice.
References
HCBA, (2011). HCBA History. HCBA. Retrieved from: https://www.hillsbar.com/About%20HCBA/HCBA%20History.aspx
HCBA, (2011). HCBA Purposes. HCBA. Retrieved from: https://www.hillsbar.com/About%20HCBA/HCBAPurpose.aspx
Susskind, R. E. (2008). The end of lawyers?: Rethinking the nature of legal services. Oxford: OxfordUniversity Press.
Warner, R. E., Elias, J. C., Elias, S., & Nolo. (2004). The independent paralegal’s handbook: How to provide legal services without becoming a lawyer. Berkeley, Calif: Nolo.
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