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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 prac- tice 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 le gal problems. Advertising Many attorneys advertise their services. Attor- neys 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’sdirectives. 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 contin- ue representati on if he does not believe that the conflict would adversely affect the relationship with the corporation, and if both the corpora- tion and the client agree to the attorney’s representation. In practice, continued represen- tation where there is a conflict of interest is rare. If an attorney must withdraw from repre- sentation, 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 rele- vant 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 repre- sentation. 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. Fees 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. 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 GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 278 LEGAL REPRESENTATION the beginning of the representation. The attor- ney 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’swork.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 Hiring an Attorney T he 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 profes- sionals, 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 practi- tioners, 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 mak- ing 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 ser- vices 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 po- tential 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 compen- sates clients who are victims of incompe- tent legal work. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION LEGAL REPRESENTATION 279 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 per- formed free of charge. Pro bono work is not required of attorneys in most jurisdictions, but courts occasionally appoint attorneys to repre- sent 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, divor ces, 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 policyholde r 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 th e verdict. If a client believes that an attorney has committed misconduct, the client may contact the board of PROFESSIONAL RESPONSI- BILITY 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’slicense. 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 GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 280 LEGAL REPRESENTATION 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 Editors of Court TV and The American Lawyer. 1995. The Court TV Cradle-to-Grave Legal Survival Guide. Boston: Little, Brown. “How to Hire an Attorney.” In Consumer Guidebook to Law and Leading Attorneys Joseph P. Mitzel, ed. Minnea- polis: American Research Corporation 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). Morgan, Thomas D. 2007. 2008 Selected Standards on Professional Responsibility. Eagan, MN: West. Morgan, Thomas D., and Ronald D. Rotunda. 2008. Morgan and Rotunda’s Professional Responsibility, Problems and Materials. 10th ed. St. Paul, MN: Foundation. Peters, Jean Koh. 2007. Representing Children in Child Protective Proceedings: Ethical and Practical Dimensions. 3d ed. Albany, NY: Matthew Bender. Watson, Sidney D., ed. 2001. Representing the Poor and Homeless: Innovations in Advocacy. Washington, D.C.: American Bar Association, Commission on Homeless- ness & Poverty. Available online at http://www.abanet. org/homeless/RepresentingTh ePoorandHomeless.pdf; website home pa ge: http://www.abanet .org (accessed August 6 , 2009). CROSS REFERENCES Attorney-Client Privilege; Attorney Misconduct; Attorney’s Lien; Client Security Funds; Ethics, Leg al; Legal Advertising; Legal Malpractice; Practice of Law; Professional Responsi- bility; Right to Counsel. LEGAL REPRESENTATIVE In its broadest sense, one who stands in place of, and represents the interests of, another. A person who overs ees the legal affairs of another. Examples include the executor or administrator of an estate and a court appointed guardian of a minor or incompetent person. This term is almost always held to be synonymous with the term personal representative. In accident cases, the member of the family entitled to benefits under a wrongful death statute. LEGAL RESERVE Liquid assets that life insurance companies are required by statute to set aside and maintain to assure payment of claims and benefits. In banking, that percentage of bank deposits that must by law be maintained in cash or equally liquid assets to meet the demands of depositors. LEGAL RESIDENCE The place of domicile—the permanent dwelling—to which a person intends to return despite temporary abodes elsewhere or momentary absences. A person can have several transitory resi- dences, but is deemed to have only one LEGAL RESIDENCE . LEGAL RIGHT An interest that the law protects; an enforceable claim; a privilege that is created or recognized by law, such as the constitutional right to freedom of speech. LEGAL SERVICES CORPORATION The Legal Services Corporation (LSC) is a private, nonprofit organization established by Congress in 1974 to provide financial support for legal assistance in civil matters to people who are poor (Legal Services Corporation Act of 1974, 42 U.S. C.A. § 2996 et seq.). The LSC receives funds from Congress and makes grants to local nonprofit programs run by boards of directors made up of local lawyers, community leaders, and client repre- sentatives. LSC support is an essential part of LEGAL A I D fu nding in the United States. However, the organization has attracted opposition from fiscal conservatives who wish to abolish it. The federal government began to make direct grants to legal aid organizations in 1965, during President LYNDON B. JOHNSON’swaron poverty. Studies revealed that states were doing an inadequate job of providing legal assistance to people who were poor, especially in the South, the Southwest, and much of the Midwest. The Legal Services Corporation (LSC) was estab- lished in 1974, during the Nixon administration, to establish a structure for distributing funds to qualified local providers of legal aid that was permanent and immune to political pressure. The LSC is governed by an 11-member board of directors, appointed by the PRESIDENT GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION LEGAL SERVICES CORPORATION 281 OF THE UNITED STATES with the ADVICE AND CONSENT of the Senate. No more than six members may be of one political party, and at least two members must be eligible clients. Through its Office of Field Services and its regional offices, the LSC distributes grants to legal services programs operating in neighborho od offices in all 50 states, the DISTRICT OF COLUMBIA, Puerto Rico, the Virgin Islands, and Micronesia. Less than 5 percent of its budget is spent on the administration costs for the home office; the rest goes to community programs. The LSC supports local legal aid programs through training, research, sharing of infor- mation, and technical assistance. LSC funding goes to 137 independent nonprofit legal aid programs with 923 offices throughout the country. It also funds 16 national support centers that provide specialized assistance to attorneys in representing their clients. Most of these support centers specialize in substantive areas of the law, such as housing, administrative benefits, and health. Others specialize in the unique legal problems of particular groups, such as Native Americans, migrant farm work- ers, immigrants, and older people. Staff mem- bers of the support centers may become directly involved in litigation on behalf of their clients. The 2009 LSC budget was $350 million. General research is conducted by the LSC Institute on Legal Assistance. The institute is devoted to substantive study of the broad range of legal problems encountered by poor people that relate to the services provided by legal aid programs. The research projects of the institute fall into five broad categories: problems posing the most serious consequences to people who are poor, such as income security and health benefit programs; gaps in substantive poverty law, such as rural issues; studies of agencies that provide benefits to people who are poor, such as WELFARE agencies and public hospitals; projects to prevent legal controversies and to create new procedures for settling disputes; and ways to evaluate how special legal institutions such as housing and small-claims court affect people who are poor. The institute also conducts seminars and holds meetings on these topics and others that deal with the effect of the law on poor people. The LSC has been under attack for many years by conservative politicians and other groups that allege that the legal aid programs it funds have engaged in political and lobbying activities, often at the expense of providing legal services needed by people who are poor. Critics argue that the LSC has been the legal pillar of the welfare state, opposing efforts by conservatives to rein in government programs. Congressional Republicans have sought either to drastically reduce funding of the LSC or to abolish the LSC altogether. Such efforts have had an impact on the LSC. Congress allocated $415 million for the program in 1995, compared with $350 million in 2009. The LSC budget would need to be raised by 30 percent to achieve parity in real dollars with the 1995 budget. In 2006 the LSC approved a document entitled Strategic Directions 2006–20010. The report listed a series of strategic decisions that were needed to implement two goals: increasing public awaren ess of, and support for, civil legal services to low-income persons and enhancing the quality and compliance of legal services programs. Strategies for achieving these goals include use of better communication, technology, and improved program oversight. FURTHER READINGS Heritage Foundation. 1995. Why the Legal Services Corpora- tion Must Be Abolished, by Kenneth F. Boehm and Peter T. Flaherty. Backgrounder no. 1057. October 18. Legal Services Corporation ELIGIBLE CASES CLOSED, BY TYPE, IN 2007 SOURCE: Le g al Services Corporation, Fact Book 2007, June 2008. Consumer 11.5% Education 0.7% Employment 2.3% Health 3.3% Family 37.6% Juvenile 0.9% Income maintenance 11.4% Housing 25.2% Individual rights 1.5% Other 5.6% ILLUSTRATION BY GGS CREATIVE RESOURCES. REPRODUCED BY PERMISSION OF GALE, A PART OF CENGAGE LEARNING. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION 282 LEGAL SERVICES CORPORATION Legal Services Corporation. Available online at www.lsc.gov (accessed July 20, 2009). Vivero, Maurico. 2002. “From ‘Renegade’ Agency to Institutional Justice: The Transformation of Legal Services Corporation.” Fordham Urban Law Journal. 1323. CROSS REFERENCES Equal Protection; Legal Aid LEGAL SPECIALIZATION State-regulated legal certification programs allow attorneys to be recognized as “board- certified” experts in their practice areas. The certification process is overseen either by state bar associations or state supreme courts and is designed to prevent the public from being misled by unscrupulous attorneys who claim they are specialists without having BONA FIDE credentials to back up the claim. As of 2007, 18 states had adopted legal certification programs. LEGAL SPECIALIZATION certification had been debated for decades, but the argument heated up in the 1970s and early 1980s, when federal and state courts struck down rules that prohibited attorneys from advertising in the media and in telep hone books. As phone companies began to sell advertising in different fields of law, national bodies such as the National Board of Trial Advocacy (NBTA) began certifying specialists in civil and criminal litigation, and lawyers continued to become more specialized in their practices. By the late 1980s, certified legal specialist programs had gained momentum. The AMERICAN BAR ASSOCIA- TION (ABA) set up a Standing Committee on Specialization and, in 1993, adopted a set of voluntary standards. In addition, the ABA agreed to accredit private national certification programs that met the ABA standards. By 2007, more than 25,000 U.S. lawyers had been accredited as legal specialists. Certification rules vary from state to state, but each lawyer must fulfill four major requirements to be deemed a certified specialist. He or she must provide evidence of substantial involvement in the specialty area and references from lawyers and judges. He or she must have completed 36 credit hours of specialty CONTINU- ING LEGAL EDUCATION (CLE) in the three years preceding the application. He or she must have been admitted to practice and be a member in good standing in one or more states. Finally, he or she must be recertified at least every five years and be subject to revocation of the certification for failure to meet the program’s requirements. State legal certification boards accredit independent agencies to perform the actual testing and certification. This process minimizes the costs incurred by the certification boards and places the cost of the programs on the lawyers who wish to be certified and who must pay application fees to the independent agen- cies. National organizations that are authorized to certify specialists include the NBTA, the American Board of Certification, and the National ELDER LAW Foundation. In addition, many state bar associations are authorized to certify specialists. Eleven certification programs have been accredited. The specialties include civil trial practice; CRIMINAL LAW; FAMILY LAW trial advocacy; business and consumer BANKRUPTCY; creditor’s rights; legal, medical, and accounting professional liability; elder law; and estate planning law. FURTHER READINGS American Bar Association. Standing Committee on Special- ization. Available online at www.abanet.org/legalservices/ specializatio n/hom e.ht ml (acc ess ed Nov embe r 21, 2009.) Hobson, Wayne K. 1986. The American Legal Profession and the Organizational Society, 1890–1930. New York: Garland. LEGAL TENDER All U.S. coins and currencies—regardless of when coined or issued—including (in terms of the Federal Reserve System) Federal Reserve notes and circulating notes of Federal Reserve banks and national banking associations that are used for all debts, public and private, public charges, taxes, duties, and dues. LEGAL TITLE Ownership of property that is cognizable or enforceable in a court of law, or one that is complete and perfect in terms of the apparent right of ownership and possession, but that, unlike equitable title, carries no beneficial interest in the property. LEGALESE Slang; technical jargon used by attorneys that is often beyond the comprehension of the nonlawyer. States enact “plain English” laws that require the translation of legalese into everyday GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION LEGALESE 283 language to permit consumers to understand thei insurance policies, deeds, mortgages, leases, credit card financing agreements, and other legal documents. v LEGARE, HUGH SWINTON Hugh Swinton Legare was a lawyer, a legal scholar, and an attorney general of the United States under President JOHN TYLER. Born January 2, 1797, in Charleston, South Carolina, to a wealthy French Huguenot father, both Legare and his sister, Mary, enjoyed a privileged upbringing and social advantages. But the family’s money and influence could not cure the boy’s severe physical deformity. Prevented from strenuous physical activity, Legare turned his attention to scholarly pursuits, at which he excelled. Legare studied at Moses Waddel’s Academy and the College of South Carolina and graduated in 1814. He worked toward degrees in law and languages in the United States (1814–17) and in Scotland (1818–19). Legare’s interest in Roman and CIVIL LAW was developed at Edinburgh University under the tutelage of Professor Dugald Stewart. Stewart, a disciple of legal philosopher Friedrich von Savigny, praised the systematic character of ROMAN LAW, and argued that Anglo-American COMMON LAW could be made more precise and scientific by the application of the principles of deductive reasoning. Legare embraced the notion that law—like geometry—could be treated as a deductive science, and it became a lifelong interest. Legare wrote extensively on law, legal philosophy, and classical literature throughout his life. As a young man, he partnered with botanist Steven Elliot, Sr., and other prominent Charleston intellectuals to establish a quarterly magazine that was devoted to all disciplines of scholarly writing. According to its masthead, the Southern Review proposed “to offer to our fellow citizens one Journal in which they may read without finding themselves the objec ts of perpetual sarcasm.” Legare was a principal contributor until the death of his partner and the demands of his political career caused the magazine to fold. Legare entered politics shortly after his return to the United States in 1819. He settled on St. John’s Island, off the South Carolina coast, with the intention of developing a cotton plantation, but his physical limitations soon forced a change of plans. Within a year, he was Hugh S. Legare. LIBRARY OF CONGRESS. Hugh Swinton Legare 1797–1843 ▼▼ ▼▼ 17751775 18501850 18251825 18001800 ◆◆ ◆◆◆◆ ❖❖ 1775–83 American Revolution 1789 U.S. Constitution ratified 1797 Born, Charleston, S.C. 1814 Graduated from the College of South Carolina 1818–19 Studied law in Scotland 1828–32 Co-founded and edited Southern Review 1830 Appointed state attorney general 1832 South Carolina passed Ordinance of Nullification against tariff act; appointed U.S. chargé d'affaires to Brussels 1820–22 and 1824–30 Served in South Carolina state legislature 1841 Appointed attorney general of the United States 1837–39 Served in U.S. House 1843 Died, Boston, Mass. 1833 Congress passed compromise tariff; South Carolina repealed its act OUR COUNTRY EXHIBITS THE LAST SPECIMEN OF THAT FORM OF GOVERNMENT , WHICH HAS DONE SO MUCH FOR THE DIGNITY AND HAPPINESS OF MAN . —HUGH SWINTON LEGARE GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 284 LEGARE, HUGH SWINTON elected to represen t St. John’s Island in the South Carolina state legislature. In 1822 Legare gave up his plantation and moved back to his family home in Charleston. He practiced law and campaigned for re-election to the state legislature—this time as a representa- tive from Charleston. He was elected in 1824 and served until 1830, when he was named state attorney ge neral. During Legare’s tenure as state attorney general, the nullification crisis in South Carolina came to a head. (Nullification is a doctrine that asserts the right of a state to prevent within its borders the enforcement of an act of the federal government that is not authorized by the U.S. Constitution as interpreted by the highest legislative authority of the state.) Con- vinced that the 1828 and 1832 federal tariff laws favored Northern industry and threatened Southern SLAVERY, the South Carolina legislature declared them to be unconstitutional and threatened to secede from the Union if the federal government moved to enforce them. Legare opposed the nullification group, spoke on behalf of the Union, and cautioned the federal government against any exercise of authority that might “tip the political balance … toward the nullifiers” and stir the citizens to secession. For his efforts he was rewarded with a diplomatic post in Brussels. Legare was named U.S. chargé d’affaires in 1832. After fulfilling his obligations in Brussels and enjoying an extended tour of Europe, Legare returned to the United States in the fall of 1836. On his return, he was elected as a Union Democrat to represent South Carolina in the U.S. Congress. He was defeated in the 1838 election because his view of fiscal policy did not coincide with that of his constituents. Following his defeat, Legare returned to Charleston and, for the first time in his career, concentrated on the PRACTICE OF LAW. He tried a number of important cases and made his mark in the South Carolina and federal courts. U.S. Supreme Court justice JOSEPH STORY said, “His argumentation was marke d by the closest logic; at the same time he had a presence in speaking I have never seen excelled.” Legare also returned to writing, authoring articles on Demosthenes, Athenian democracy, and Roman law. During the presidential campaign of 1840, Legare affiliated with the WHIG PARTY, and he began a series of articles in support of WILLIAM HARRISON, and later Tyler, which appeared in the New York Review. In appreciation for his support, President Tyler named Legare to be attorney general of the United States in 1841. Because of his foreign-service experience in Belgium and his thorough knowledge of both civil and INTERNA- TIONAL LAW , Legare was a highly regarded member of the cabinet. As attorney general, Legare replaced DANIEL WEBSTER on the Ashbur- ton Treaty Commission. He is credited with contributing important portions of the treaty that pertained to the right of search. When Webster resigned as SECRETARY OF STATE in May 1843, Legare assumed a number of his duties and was named secretary AD INTERIM. A month later, on June 20, 1843, Legare died suddenly while accompanying President Tyler to the dedication of the monument at Bunker Hill, in Boston. FURTHER READINGS Cain, Marvin R. 1978. “Return to Republicanism: A Reappraisal of Hugh Swinton Legare and the Tyler Presidency.” South Carolina History Magazine 79. Catalogue of the Library of the Honorable Hugh Legare. 1843. Washington, D.C. In the Caroliniana Collection, Univ. of South Carolina. Catalogue of the Rare and Valuable Private Library of the Late Honorable H.S. Legare. 1848. Washington, D.C. In the Caroliniana Collection, Univ. of South Carolina. Welsh, John R. 1971. “An Early Pioneer: Legare’s ‘Southern Review’.” The Southern Literary Journal 3, no. 2 (spring). Wilson, James Grant, and John Fiske, eds. 1888–1889. Appleton’s Cyclopaedia of American Biography. New York: Appleton. LEGATEE A person who receives personal property through a will. The term legatee is often used to denote those who inherit under a will without any distinction between real property and PERSONAL PROPERTY , but technically, a devisee inherits real property under a will. LEGATION The persons commissioned by one government to exercise diplomatic functions at the court of another, including the minister, secretaries, attachés, and interpreters, are collectively called the leg ation of their government. The word also denotes the official residence of a foreign minister. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION LEGATION 285 LEGES HENRICI [Latin, Laws of Henry.] A book written between 1114 and 1118 containing Anglo-Saxon and Norman law. It is an invaluable source of knowledge of the period preceding the full development of the Norman law. LEGISLATE To enact laws or pass resolutions by the lawmak- ing process, in contrast to law that is derived from principles espoused by courts in deci sions. LEGISLATION Lawmaking; the preparation and enactment of laws by a legislative body. Legislative bodies exist to enact legislation. The legislative process is a series of steps that a legislative body takes to evaluate, amend, and vote on proposed legislation. The U.S. Con- gress, state legislatures, county boards, and city councils engage in the legislative process. Most legislation is enacted by Congress and state legislatures. Implementation of legislation is left to other entities, both public and private, such as law enforcement agencies, the courts, co m- munity leaders, and government agencies. Legislative Bills Legislation begins with the submission of a bill to the legislature for consideration. A bill is a draft, or tentative version, of what might become part of the written law. A bill that is enacted is called an act or statute. The select ion of appropriate and clear language for the proposed piece of legislation is critical. Legisla- tors need to understand what is intended by the bill and who will be affected by it. A bill is amended to accommodate interested and affected groups and to eliminate technical defects. More legislative attention is generally devoted to decisions on amendments than to disputes over whether a bill will be passed. An able legislator or supporter of a piece of legislation constantly seeks ways to silence opposition or convert opponents into suppor- ters. Many important provisions that finally become law are adjusted by amendments in order to accommodate conflicting viewpoints. Sources of Legislation Ideas for legislation come from many sources. Legislators who have experience and knowledge in a particular field introduce bills that they think will improve or correct that field. They often copy existing legislation because an idea that works well in one jurisdiction can be useful in another. For example, in the 1970s, legisla- tion that created “no-fault” divorces was copied from state to state. Legislators receive proposals from the National Conference of Commissioners on Uniform State Laws, a coalition of over three hundred lawyers, judges, and law professors, who are appointed by the states. Conference members draft proposals of uniform and MODEL ACTS . Such acts attempt to establish uniformity in a single legislative area. For example, the UNIFORM PROBATE CODE is an attempt to standardize U.S. probate law, and has been widely enacted. The Council of State Governments, the American Law Institute, the AMERICAN BAR ASSOCIATION , and numerous othe r organizations all produce model acts for legislatures. Even if a uniformormodelactoralawusedina neighboring state is not totally applicable, it is easier to edit and revise it than to draft a new one. Legislation is not motivated solely by existing ideas. Modern legislation is often concerned with changing or protecting social and economic interests. Interest groups usually become involved in the legislative process through lobbyists, who are persons they hire to act for them. Often lobbyists work to protect the STATUS QUO by defensive lobbying, that is arguing against a piece of legislation. Other times lobbyists propose a bill. Whether opposing or proposing change, lobbyists typi- cally inform legislators about the expected effect that legislation will have on their particu- lar interest group. Lobbyists also influence legislation through financial contributions to the political campaign committees of legislators. Modern legislatures have a large staff that helps prepare legislation. On occasion, studies are authorized when a problem is recognized and no solution is readily available. Major legislation often starts with a blue-ribbon legislative commission, which might include citizen members and an independent staff from the academic community. A handful of states have created permanent law revision commis- sions, which operate independen tly of the legislature. In addition, most states have independent offices that act as editors, putting legislative GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 286 LEGES HENRICI ideas into formal, statutory language that con- forms to current usage in the jurisdiction. Modern legislation has become increasingly lengthy and complex, making it difficult for a single legislator to craft a bill alone. Legislative Procedure The procedure by which legislation is enacted varies within the following general structure. A constitution is the basic charter for governments in the U.S. legal system. Constitu- tions typically specify that some kinds of legis- lation, like a capital expenditure, require an extraordinary vote, such as passage by two- thirds rather than by a simple majority. Three separate readings, or announcements, of a bill to the full house, are commonly required before a vote can be taken. Some constitutions require a detailed reading each time, but legislatures have found ways to circumvent this mandate. Constitutions often require an affirmative vote by a majorit y of all the members of a house, not merely those present, in order to pass a bill. They can also require that the names of members voting aye and nay be recorded in the journal of the legislative body. Constitutions can author ize the executive to veto legislation, and establish a procedure for the legislature to override a veto. Sometimes a specific period of time is prescribed for the legislative session or term, and all work must be completed before expiration of the session. It is common for a constitution to require that a bill pertain to only one subject, which must be expressed in the title of the bill. For example, An Act to Increase the State SALES TAX from Six to Seven Percent is a proper title for a bill that does exactly that and nothing else. This requirement efficiently packages legislative work, significantly affecting procedure, order, and efficiency. It does not apply to the U.S. Congress, but often applies to state and local legislatures. Each legislature adopts its own rules to detail the organization and procedure of its body. A standard version of legislative rules is often adopted to cover any situation not governed by a specific rule. Legislatures frequently need to depart from regular procedure in order to accomplish tasks. Therefore, special rules usually provide for the suspension of normal procedure, when necessary. A rules suspension can be allowed only by a two-thirds vote. Some of the work of the legislature can be accomplished by resolution rather than by bill. A resolution is used to settle internal matters or to make a public pronouncement without enacting a law. Resolutions are used to adopt the rules of the house, to establish committees, to initiate investigations, and to authorize and hire legislative employees. Even more mundane daily work can be accomplished by a motion on the floor. A motion lacks the formality of a resolution in that it cannot be formally announced and printed in the record. A resolution takes one of several forms. A senate resolution or assembly resolution is adopted by on ly one house. A JOINT RESOLUTION originates in one house and then is passed in the other house, having the full force of official legislative action. This is the customary form for proposing state constitutional amendments and ratifying amendments to the U.S. Constitution. A CONCURRENT RESOLUTION, like a joint resolution, originates in one house and is assented to by the other. It lacks the legal effect of a normally adopted joint resolution, and is often used to express an opinion. Petitions from state legis- latures to the president or to the U.S. Congress are drawn as concurrent resolutions. Commen- dations to persons who have performed socially significant deeds and to victorious athletic teams are typical concurrent resolutions. The Enactment of a Bill A bill must follow certain customary steps through a legislature. It is introduced by an elected member who acts as a sponsor. The chief sponsor, who might or might not be the author of the bill, is the legislator who manages the bill as it progresses through the body and who explai ns it to other legislators. The bill may also have cosponsors, who attach their names to the bill to add support. When the bill is introduced, it is referred to a standing committee. Whenever possible the bill’s sponsors and the legislative leade rship attempt to steer the bill to a particular committee. In most legislatures there is room for discretion in the reference of bills. Major legislation might have to be referred to several committees, so the issue might be who receives it first. Once the bill is referred, the committee must be convinced to place it on the agenda so that it can be considered and passed. The GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION LEGISLATION 287 . compen- sates clients who are victims of incompe- tent legal work. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION LEGAL REPRESENTATION 279 for a written estimate of the number of billable hours that the. 11-member board of directors, appointed by the PRESIDENT GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION LEGAL SERVICES CORPORATION 281 OF THE UNITED STATES with the ADVICE AND CONSENT of the Senate COUNTRY EXHIBITS THE LAST SPECIMEN OF THAT FORM OF GOVERNMENT , WHICH HAS DONE SO MUCH FOR THE DIGNITY AND HAPPINESS OF MAN . —HUGH SWINTON LEGARE GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 284 LEGARE,