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17 Μάϊος, 2008
23 Απρίλιος, 2008
LAWYERS
Preparing To Meet With A Lawyer
Meeting With A Lawyer
When you're looking for a lawyer, you'll want to:
Learn about your legal problem. Search the Internet for FAQs, starting with lawyers.com's articles.
Search the web. Look in at least the following places:
lawyers.com's Find a Lawyer attorney directory. Search for lawyers in your city and state in the area of practice in which you need a lawyer (divorce, employment, and so forth).
lawyers.com's Attorney Match service. Submit a request in your own words. We'll present you with a list of attorneys who are interested in discussing your request with you. You decide who to forward your request to.
General search engines, using key words describing your legal problem and your location, such as "non-compete attorneys Cleveland Ohio."
Attorney organizations, such as the national organizations for lawyers who specialize in the type of law you're interested in, as well as local attorney organizations such as your state or city bar associations. If you cannot find your city or state's Bar Association web site, look in your local telephone directory and call. Almost every bar association has an attorney referral service.
Call your local attorney referral service, typically provided by your state or city bar association
Consult with your family lawyer, an attorney who you know through sports or church, or an accountant, realtor or other professional. Many attorneys tend to specialize, and the good ones usually have an established reputation throughout the community.
Once you have a list of names, use the following checklist for an initial screen, so that you narrow your choices down to three or four:
Look at biographical information, including whatever you can find on Web sites for the lawyers and their law firms. Do they appear to have expertise in the area of law that you need? Do they have any information on their Web sites that is helpful to you?
Find out what kind of clients the attorney represents, from the lawyer's profile and her client list, if she makes it available. If she primarily represents companies, she may not represent individuals. If you can't tell, call the lawyer's office and find out.
Use search engines to search for the name of the lawyer and his law firm. Can you find any articles, FAQ's or other informational pieces that the lawyer has done? Cross check your references by searching with key words having to do with the area of law you're interested in (such as "child support").
Ask other people if they have heard of the attorneys and what they think about them.
You will probably want to hire a lawyer with at least a few years of experience.
Contact your state bar association or visit their Web site to find out if the lawyer is in good standing.
Check out the yellow pages of your telephone directory. Does the lawyer advertise? If so, do you find it compelling? Helpful? Tasteful?
Check out the online archives of your local newspaper. Has there been any publicity about the lawyer or the cases that he or she has handled?
Consider any special needs you have. For example, could you benefit from an attorney who speaks a language other than English?
By now you should have a "short list" of two or three names. Contact the attorney's firm and ask to schedule a consultation. Some firms will charge a consultation to meet with you, so expect to pay anywhere from $75.00 to $250.00 for an initial consultation.
Don't be surprised if the attorney cannot meet with you on short notice. On the other hand, a wait of more than a week is a sign that the attorney may be too busy to give a new case such as your's the time and attention it requires.
The consultation with the lawyer is the most important factor in your decision to hire an attorney. Evaluate the attorney based on the following:
Does she listen well?
Does he understand your problem or will he have to do research to answer your questions?
Can she explain the law in an understandable way and how it applies to your case?
Does he give you confidence that he can solve your legal problem in a cost-effective way?
Expect that whomever you hire will delegate a lot of responsibility to his or her staff. So you'll want to evaluate how the lawyer's staff treats you, since they are a reflection of how the lawyer practices. At a minimum, both the lawyer and his staff should treat you courteously and professionally.
Ask about conflicts of interest. Does the lawyer represent your employer or other interested party?
Ask for references. You should talk to people who could comment on the lawyer's skills and trustworthiness. The best reference is one of the lawyer's current or former clients. You can also check with other lawyers.
Ask for a copy of a firm brochure and promotional materials. Crosscheck these materials against other sources and references.
Money Matters
Ask for a copy of the lawyer's retainer agreement and review it with the lawyer beforehand. Generally speaking, attorneys will charge for their services in one or more of the following ways:
By the hour
With a non-refundable fee retainer of as much as $5,000 or more
On a contingency fee basis, where you pay the attorney from 25% to 40% of what he collects in a settlement, or as much as 50% of a judgment if the case goes to arbitration or trial
Paying by the hour is the fairest arrangement for both the attorney and the client, since a contingency fee always benefits one side or the other. But most individuals cannot afford the $30,000 to $50,000 in attorney time that even a moderately difficult matter requires for preparation and trial. So a contingency fee is often the only alternative.
You'll want to ask if the firm requires an initial retainer. Even if the firm charges on an hourly basis, the attorney may require an initial retainer of as much as several thousand dollars, as security for payment of the firm's fees before they begin your representation. This money should go into the attorney's trust fund and be disbursed only to pay for services actually rendered. If the representation ends before the retainer is billed, the attorney should return the balance to the client.
Some firms will charge a non-refundable fee retainer. We can think of few situations where it's appropriate for a lawyer to do so, however. One case may be where the attorney agrees to accept the case on a contingency fee basis from the outset, but requires some cash compensation to offset the risk of accepting a case without fully evaluating it beforehand.
Discuss the costs of your suit as well as the attorney's fees. Costs include:
Payments for court reporters
Copying
Computerized research
Trial exhibits
Expert witness fees
Few attorneys will "front" or cover costs for the client. So find out what the costs will be and make arrangements from the outset for setting aside funds to cover them.
Finally, use your common sense and gut instincts in deciding who to hire. Your relationship can last several years and will involve a good working relationship and trust. You want to choose the best lawyer who you think will do the best job for you.
Meeting With A Lawyer
When you're looking for a lawyer, you'll want to:
Learn about your legal problem. Search the Internet for FAQs, starting with lawyers.com's articles.
Search the web. Look in at least the following places:
lawyers.com's Find a Lawyer attorney directory. Search for lawyers in your city and state in the area of practice in which you need a lawyer (divorce, employment, and so forth).
lawyers.com's Attorney Match service. Submit a request in your own words. We'll present you with a list of attorneys who are interested in discussing your request with you. You decide who to forward your request to.
General search engines, using key words describing your legal problem and your location, such as "non-compete attorneys Cleveland Ohio."
Attorney organizations, such as the national organizations for lawyers who specialize in the type of law you're interested in, as well as local attorney organizations such as your state or city bar associations. If you cannot find your city or state's Bar Association web site, look in your local telephone directory and call. Almost every bar association has an attorney referral service.
Call your local attorney referral service, typically provided by your state or city bar association
Consult with your family lawyer, an attorney who you know through sports or church, or an accountant, realtor or other professional. Many attorneys tend to specialize, and the good ones usually have an established reputation throughout the community.
Once you have a list of names, use the following checklist for an initial screen, so that you narrow your choices down to three or four:
Look at biographical information, including whatever you can find on Web sites for the lawyers and their law firms. Do they appear to have expertise in the area of law that you need? Do they have any information on their Web sites that is helpful to you?
Find out what kind of clients the attorney represents, from the lawyer's profile and her client list, if she makes it available. If she primarily represents companies, she may not represent individuals. If you can't tell, call the lawyer's office and find out.
Use search engines to search for the name of the lawyer and his law firm. Can you find any articles, FAQ's or other informational pieces that the lawyer has done? Cross check your references by searching with key words having to do with the area of law you're interested in (such as "child support").
Ask other people if they have heard of the attorneys and what they think about them.
You will probably want to hire a lawyer with at least a few years of experience.
Contact your state bar association or visit their Web site to find out if the lawyer is in good standing.
Check out the yellow pages of your telephone directory. Does the lawyer advertise? If so, do you find it compelling? Helpful? Tasteful?
Check out the online archives of your local newspaper. Has there been any publicity about the lawyer or the cases that he or she has handled?
Consider any special needs you have. For example, could you benefit from an attorney who speaks a language other than English?
By now you should have a "short list" of two or three names. Contact the attorney's firm and ask to schedule a consultation. Some firms will charge a consultation to meet with you, so expect to pay anywhere from $75.00 to $250.00 for an initial consultation.
Don't be surprised if the attorney cannot meet with you on short notice. On the other hand, a wait of more than a week is a sign that the attorney may be too busy to give a new case such as your's the time and attention it requires.
The consultation with the lawyer is the most important factor in your decision to hire an attorney. Evaluate the attorney based on the following:
Does she listen well?
Does he understand your problem or will he have to do research to answer your questions?
Can she explain the law in an understandable way and how it applies to your case?
Does he give you confidence that he can solve your legal problem in a cost-effective way?
Expect that whomever you hire will delegate a lot of responsibility to his or her staff. So you'll want to evaluate how the lawyer's staff treats you, since they are a reflection of how the lawyer practices. At a minimum, both the lawyer and his staff should treat you courteously and professionally.
Ask about conflicts of interest. Does the lawyer represent your employer or other interested party?
Ask for references. You should talk to people who could comment on the lawyer's skills and trustworthiness. The best reference is one of the lawyer's current or former clients. You can also check with other lawyers.
Ask for a copy of a firm brochure and promotional materials. Crosscheck these materials against other sources and references.
Money Matters
Ask for a copy of the lawyer's retainer agreement and review it with the lawyer beforehand. Generally speaking, attorneys will charge for their services in one or more of the following ways:
By the hour
With a non-refundable fee retainer of as much as $5,000 or more
On a contingency fee basis, where you pay the attorney from 25% to 40% of what he collects in a settlement, or as much as 50% of a judgment if the case goes to arbitration or trial
Paying by the hour is the fairest arrangement for both the attorney and the client, since a contingency fee always benefits one side or the other. But most individuals cannot afford the $30,000 to $50,000 in attorney time that even a moderately difficult matter requires for preparation and trial. So a contingency fee is often the only alternative.
You'll want to ask if the firm requires an initial retainer. Even if the firm charges on an hourly basis, the attorney may require an initial retainer of as much as several thousand dollars, as security for payment of the firm's fees before they begin your representation. This money should go into the attorney's trust fund and be disbursed only to pay for services actually rendered. If the representation ends before the retainer is billed, the attorney should return the balance to the client.
Some firms will charge a non-refundable fee retainer. We can think of few situations where it's appropriate for a lawyer to do so, however. One case may be where the attorney agrees to accept the case on a contingency fee basis from the outset, but requires some cash compensation to offset the risk of accepting a case without fully evaluating it beforehand.
Discuss the costs of your suit as well as the attorney's fees. Costs include:
Payments for court reporters
Copying
Computerized research
Trial exhibits
Expert witness fees
Few attorneys will "front" or cover costs for the client. So find out what the costs will be and make arrangements from the outset for setting aside funds to cover them.
Finally, use your common sense and gut instincts in deciding who to hire. Your relationship can last several years and will involve a good working relationship and trust. You want to choose the best lawyer who you think will do the best job for you.
LOWYER
When do you need a lawyer's help?
Sometimes it's a no-brainer, such as when you get sued or when you're arrested or charged with a crime. But keep in mind that people hire lawyers for advice and expertise all of the time, in all kinds of situations. While you may be able to get through a legal problem without hiring a lawyer, you should always remember that when you represent yourself, you might have a "fool for a client," as the saying goes.
One of the first things to ask yourself in deciding if you should consult an attorney is: "What's at stake?" When your finances or liberties are in serious jeopardy, the obvious answer is to get legal help. But what is serious? An ordinary parking summons is a brush with the law, but you need not consult with an attorney to pay the fine or even to fight it. However, if you've accumulated a number of unpaid parking tickets and a warrant has been issued for your arrest, you would probably want to hire a lawyer to help you best resolve the situation, and perhaps save you money or even keep you out of jail.
In good times as well as bad, individuals and businesses rely on their lawyer's advice to understand and secure legal rights and financial interests. Lawyers help clients with estate planning and business negotiations, strategies and transactions. With good legal advice, clients are better prepared to comply with and navigate through the complex mazes of governmental rules and regulations.
It is also a lot easier to rest easily after consulting with experienced lawyers for important undertakings such as tax and estate planning, drafting wills and trusts, negotiating business deals and even pursuing personal family matters such as adopting children.
What should you consider before you hire a lawyer?
It never hurts to talk to a lawyer, and it may be the best thing you can do if you think you have a legal problem that you can't resolve yourself. If you're persistent, you can probably arrange a free consultation with a lawyer who will talk to you on the matter.
Short of hiring a lawyer, though, you may want to look at alternative sources to resolve your legal issues. For example:
Many companies and public utilities offer customer service departments that effectively address consumer problems and complaints
Many state attorney general offices and other agencies provide consumer protection departments. (But it's not usually a good idea to try to gain an advantage in a legal dispute over adversarial parties by threatening to contact a government agency if they don't comply with your demands. It is possible that such action could be characterized as attempted extortion on your part.)
If you have a problem with a regulated industry such as banking or insurance, contact the agency in your state responsible for overseeing that industry
Many community groups such as elder associations, civil rights groups and other organizations offer free legal help and information.
Some disputes may be resolved by using increasingly popular litigation alternatives such as mediation or arbitration. Businesses and individuals might agree to use alternative dispute resolution (ADR) rather than court action to resolve legal conflicts.
How quickly should you consult a lawyer?
In many situations, it is obvious that you need to act fast. But even if you think you have lots of time to consider your alternatives, deadlines sneak up on you and lawyers need time to prepare. So it's always better to start looking for a lawyer sooner than later.
If you've been injured in an accident, keep in mind that there are time limits on your right to file a lawsuit. These "statutes of limitation" vary greatly from state to state and depend upon the fact and type of each case. In some instances, the law requires a claimant to notify potential defendants about any injury within an extremely short period of time - as little as a few weeks or months.
If you sit on your rights, you could lose them. You might have been angry for years over your neighbor's fence encroaching on part of your property. But if you wait too long without objecting or taking some legal action, the law might give your neighbor the right in the form of a prescriptive easement to leave the fence there permanently.
What are you trying to achieve?
This is an easy question to answer if you find yourself a defendant in a civil suit or charged with a crime. In these cases, your goal is to keep your money out of your adversary's pocket, or avoid criminal sanctions.
In other situations, your objective may be less clear. If you feel your employer unlawfully fired you, you might want to get your job back. If you suffered an injury from a defective product, you might wish to recover money damages. Or you may be faced with a situation where you need to seek an injunction against someone. Think about these things before you hire a lawyer.
And you must be realistic about your chances of winning and what your case is worth.
If you aren't sure what your legal rights are, it might be worth your time and expense to retain a lawyer to evaluate your situation and advise you on alternative courses of action. Even if you end up having to pay a few hundred dollars for to consult with an attorney, it could be a very wise investment that ultimately saves you time and money.
What type of lawyer do you need?
Many attorneys specialize in one type of law. Other lawyers handle a wide range of matters. You want to hire an attorney who has expertise to represent you effectively with respect to your legal problem.
Knowing a bit about the law will help you become a smarter legal consumer. From agricultural law to zoning and land use - from family law to taxation and more, lawyers.com provides incredibly useful information that can empower you to make better decisions with respect to your legal problems.
Sometimes it's a no-brainer, such as when you get sued or when you're arrested or charged with a crime. But keep in mind that people hire lawyers for advice and expertise all of the time, in all kinds of situations. While you may be able to get through a legal problem without hiring a lawyer, you should always remember that when you represent yourself, you might have a "fool for a client," as the saying goes.
One of the first things to ask yourself in deciding if you should consult an attorney is: "What's at stake?" When your finances or liberties are in serious jeopardy, the obvious answer is to get legal help. But what is serious? An ordinary parking summons is a brush with the law, but you need not consult with an attorney to pay the fine or even to fight it. However, if you've accumulated a number of unpaid parking tickets and a warrant has been issued for your arrest, you would probably want to hire a lawyer to help you best resolve the situation, and perhaps save you money or even keep you out of jail.
In good times as well as bad, individuals and businesses rely on their lawyer's advice to understand and secure legal rights and financial interests. Lawyers help clients with estate planning and business negotiations, strategies and transactions. With good legal advice, clients are better prepared to comply with and navigate through the complex mazes of governmental rules and regulations.
It is also a lot easier to rest easily after consulting with experienced lawyers for important undertakings such as tax and estate planning, drafting wills and trusts, negotiating business deals and even pursuing personal family matters such as adopting children.
What should you consider before you hire a lawyer?
It never hurts to talk to a lawyer, and it may be the best thing you can do if you think you have a legal problem that you can't resolve yourself. If you're persistent, you can probably arrange a free consultation with a lawyer who will talk to you on the matter.
Short of hiring a lawyer, though, you may want to look at alternative sources to resolve your legal issues. For example:
Many companies and public utilities offer customer service departments that effectively address consumer problems and complaints
Many state attorney general offices and other agencies provide consumer protection departments. (But it's not usually a good idea to try to gain an advantage in a legal dispute over adversarial parties by threatening to contact a government agency if they don't comply with your demands. It is possible that such action could be characterized as attempted extortion on your part.)
If you have a problem with a regulated industry such as banking or insurance, contact the agency in your state responsible for overseeing that industry
Many community groups such as elder associations, civil rights groups and other organizations offer free legal help and information.
Some disputes may be resolved by using increasingly popular litigation alternatives such as mediation or arbitration. Businesses and individuals might agree to use alternative dispute resolution (ADR) rather than court action to resolve legal conflicts.
How quickly should you consult a lawyer?
In many situations, it is obvious that you need to act fast. But even if you think you have lots of time to consider your alternatives, deadlines sneak up on you and lawyers need time to prepare. So it's always better to start looking for a lawyer sooner than later.
If you've been injured in an accident, keep in mind that there are time limits on your right to file a lawsuit. These "statutes of limitation" vary greatly from state to state and depend upon the fact and type of each case. In some instances, the law requires a claimant to notify potential defendants about any injury within an extremely short period of time - as little as a few weeks or months.
If you sit on your rights, you could lose them. You might have been angry for years over your neighbor's fence encroaching on part of your property. But if you wait too long without objecting or taking some legal action, the law might give your neighbor the right in the form of a prescriptive easement to leave the fence there permanently.
What are you trying to achieve?
This is an easy question to answer if you find yourself a defendant in a civil suit or charged with a crime. In these cases, your goal is to keep your money out of your adversary's pocket, or avoid criminal sanctions.
In other situations, your objective may be less clear. If you feel your employer unlawfully fired you, you might want to get your job back. If you suffered an injury from a defective product, you might wish to recover money damages. Or you may be faced with a situation where you need to seek an injunction against someone. Think about these things before you hire a lawyer.
And you must be realistic about your chances of winning and what your case is worth.
If you aren't sure what your legal rights are, it might be worth your time and expense to retain a lawyer to evaluate your situation and advise you on alternative courses of action. Even if you end up having to pay a few hundred dollars for to consult with an attorney, it could be a very wise investment that ultimately saves you time and money.
What type of lawyer do you need?
Many attorneys specialize in one type of law. Other lawyers handle a wide range of matters. You want to hire an attorney who has expertise to represent you effectively with respect to your legal problem.
Knowing a bit about the law will help you become a smarter legal consumer. From agricultural law to zoning and land use - from family law to taxation and more, lawyers.com provides incredibly useful information that can empower you to make better decisions with respect to your legal problems.
22 Απρίλιος, 2008
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