Do I Need a Lawyer?

Do I need a lawyer?

The short answer is yes. The reason is importance. Chances are that if you are in court (or thinking about going there) your case is very important. The custody of your child may be on the line, the amount of child support you pay may be on the line, or perhaps even your very freedom. You could always try the case on your own and you may even win. But why risk the outcome of something so important to you. By hiring a lawyer you can get someone who:

1. Speaks the language: Lawyers go through three years of law school, and read and write in legalese constantly. The same can be said of nearly all judges, magistrates, and other decision makers. Why? Because they are either lawyers or they once were lawyers. They all think in legal terms. If you want to present your evidence in the clearest possible way, it’s best if you can approach these decision makers at their level.

2. Knows the courtroom: A local lawyer knows the judges, their bailiffs, the clerks, and all the other major players in the court. The local lawyer knows things like how to behave inside the courtroom of a particular judge, how the judge likes to manage his courtroom, how the clerk likes to see documents filed, etc.

3. Knows the rules: Lawyers, after years of practice, are familiar with the rules of procedure and evidence. Rules of procedure govern, among other things how and when complaints are filed. A violation of these rules can keep your claim from ever getting to court. Rules of evidence govern how and when evidence may be presented to the court for consideration. A violation of these rules can keep the court from hearing from that important witness, or seeing that important picture you took.

4. Objectively speaks: The truth is that important issues can sometimes affect people emotionally and thereby interfere with their ability to express themselves. By hiring a lawyer, you can have someone who can argue passionately for you, and express themselves clearly and effectively in order to present your case.

5. Peace of mind: You are likely stressed and worried about the outcome of your case. Instead of worrying about the outcome and presenting your case, let a lawyer should some of the burden and allow you the peace of mind to carry on with life.

Six Signs You Have A Good Lawyer!

There are thousands of lawyers in California who seem to have a similar education, licensing and specialization and yet the experience that different clients have with their attorneys are so different from one another.

So, how do you know that your attorney is the one who will provide you with quality legal representation:

1. Your attorney is not overconfident in the outcome of your case. No matter how experienced and seasoned the lawyer is, he cannot and should never be sure of the outcome of your case. There are so many facts and circumstances that might come into play as the case develops and the nature of our legal system is such that there is simply no way to know for sure whether you will win or lose and if you win – how much exactly you will recover from the other side.

A responsible legal professional will assure you that he will do the best he can to represent you as aggressively as possible but he will not make any promises as to how much you will recover and how long exactly the process will take.

2. A good attorney should not act like a pushy salesman. He shouldn’t shove papers underneath your hand for your signature telling you that “it’s OK and you have nothing to worry about.” Instead, he should explain to you in plain and understandable terms what you are signing, why it is necessary and what the consequences of your executing that document are. For instance, a good attorney will go over your services contract with him, paragraph by paragraph, making sure that you understand what the scope and the limitations of the legal services you will be provided with.

A good attorney will also advise you that you are free to terminate your agreement at any time and seek alternate counsel and hire a different attorney of your choice at any time.

A good attorney is patient with his clients and makes sure that you have a general understanding of the process, and he doesn’t make you feel unwelcome or like you are wasting his time.

3. A good lawyer is capable of keeping in touch with you in a way that makes you feel that your case gets the attention it requires. An attorney has a duty to communicate with his client on a consistent basis. One of the most common complaints reported to the California State Bar by clients is that attorney fail to communicate and return phone calls / e-mails and letters from their clients. Being ignored is a frustrating experience in any setting – professionally, socially and especially when it comes to dealing with a lawyer. Litigation process is stressful enough and raises many questions or concerns in a client as the case develops that need to be addressed promptly. A good attorney is not “too busy” to return your calls and he keeps you informed of the developments of your case.

4. A good attorney will advise you not only how to prosecute your case but whether or not it is worth your time, money, energy and emotions to actually go after it. Not every fight is worth fighting and sometimes it is a better idea to walk away for your own benefit even if the other side gets away and isn’t held liable. An honest attorney will not make you fight a case just to charge you an hourly fee. He truly does work in the best interests of his clients by not only pursuing their legal rights but also advising them whether or not it’s prudent to pursue a case altogether.

5. A good lawyer is not too busy to handle your case. A competent lawyer will not take on more work than he can handle in a quality manner. A good attorney will not sacrifice the quality of his services for the sheer volume of the business because he realizes that his reputation and concern for his existing clients’ cases is his priority.

6. Lastly, your attorney doesn’t come across as a “typical” lawyer. A great attorney defies the stereotypes that are commonly associated with the legal profession – arrogance, greed and flamboyance, and substance abuse. He is friendly, personable and charismatic and you actually enjoy working with him/her.

The Role of a Divorce Lawyer

Divorce lawyers are legal professionals that specialize in issues concerning legal separation, such as divorce, annulment and dissolution. Most of them are family law experts that focus on different issues associated with family and marriage, such as adoptions and wills. Couples who are going through the legal separation process are advised to maintain a lawyer that is highly knowledgeable with this procedure to protect their legal rights and possibly arrive at an amicable settlement.

People who aspire to become divorce lawyers should go to law school and take subjects on family law during the course of their studies. Furthermore, they should meet the criteria to practice law by passing the bar examination. Usually, bar exams consist of a written test and character assessment to make sure that the candidates are morally suitable to practice law. Once they are eligible, lawyers can look for a job in a practice handling family law matters so they can earn the experience they need in this field of study.

The primary duty of a divorce lawyer is to process the divorce papers after being hired by any of the parties involved in the divorce. There are some cases when a couple agrees to get a divorce and, in this situation, they may approach a particular lawyer jointly to request for legal advice and assistance. However, in a contentious divorce, the lawyer is consulted by only one party. After the party requesting for the divorce writes and signs the petition, this can now be served to the other spouse.

One of the main aspects of this area of expertise is the arbitration of a settlement, if a couple makes a decision to dissolve their marriage. The settlement will include the settlement of alimony, the division of assets, the discussions on child custody and child support. Divorce lawyers may also implement a prenuptial agreement or can participate in other divorce stipulations. For example, if a couple stored fertilized embryos as a result of an infertility treatment, the divorce lawyer of each party should be involved in any decision concerning these embryos.

When it comes to a contentious divorce, divorce lawyers may represent their clients in court and especially in specialized family courts that handle family-related concerns, such as child custody and adoption. They can also deal with other issues, like prenuptial agreement and post-divorce inquiries. Several couples believe that a firm prenuptial agreement leads to an easier and less expensive divorce process. Any good divorce lawyer can prepare a prenuptial agreement to protect all the assets of his/her client before her marriage. Moreover, their lawyer may be summoned to respond to post-divorce inquiries. As an example, a client may ask how to amend a divorce decree, when will she be allowed to change her name and how to change the payments for alimony or child support.

Identifying What Kind of Lawyer to Hire for Your Case

Most people will require a lawyer at some point in their lives, even if they are never in trouble with the law. If you ever do need to hire an attorney, it’s important to know what kind you will need for your particular case. Lawyers usually have an expertise in an area of law that they have the most experience with. Two types of attorneys that people commonly need to have access fall under the embrella of “civil”- meaning they deal with situations such as divorce or custody agreements, and “criminal” – meaning they deal with crime. In civil cases you will typically deal with a litigation lawyer, who will assist you through all parts of the trial. A litigation lawyer is involved with the initial investigation, pre-trial, trial and any appeals that come after.

There are many areas of law that an attonrey may practice. One example of a lawyer you may need to hire is a car accident lawyer. A car accident attorney may also be referred to as an accident lawyer, and can be hired by victims of accidents who are seeking compensation. If you are ever involved in any sort of accident where you are injured in any way, it is important to contact a legal professional immediately so that they may help you get the compensation that you are owed. A car accident lawyer may also be referred to as a personal injury lawyer, as they deal with any kind of accident involving an injury – for example a construction site accident.

Another example of a kind of sttorney you may encounter is a family lawyer, who deals with everything from divorce, adoption, custody and visitation rights. Basically any court case related to family issues will be handled by this type of legal professional. Their job is to represent the best interest of their client, as well as the children if there are any involved in the case.

If you are ever charged with a crime, you will need a criminal lawyer to handle your case and help with the charges that are pending against you. While some people may choose to represent themselves in court, it is recommended to hire a criminal lawyer if you ever need to defend yourself against criminal charges. Criminal lawyers handle any crime ranging from simple to serious, including DUI and murder.

These are just a few examples of the kinds of lawyers you may come across. There are many others, including immigration lawyers, malpractice lawyers, tax lawyers and more. Most people deal with a litigation lawyer at least once in their life, as a litigation lawyer will handle a variety of different legal issues.

Find a Cheap Lawyer?

What do Santa Claus, the Easter Bunny and cheap lawyers have in common? A dumb question to be sure, as there is no Santa Claus, Easter Bunny or cheap lawyers; however if you have a legal problem and you need to get it fixed, there are some alternatives to consider before you give a lawyer a retainer.

Paralegals

When talking to a paralegal they cannot give you specific legal advise, but they can talk to you in general terms, and you might be surprised at some of the solutions they might suggest that you as a lay person might not even be aware are available, like talking to the Small Business Administration if you have problems with your business. SBA offices will often times have retired lawyers that they can refer you to get free advise. SBA offices usually have libraries with lots of reference tools that you can use.

Legal Forms Online

One resource that you might consider is Nolo.com which provides many legal forms that you can fill out yourself; many times if the item under consideration is straightforward this can be a simple and easy solution. They also provide articles, many are very topical such as using bankruptcy to avoid or forestall foreclosure of your home. They also have forms for simple wills and simple incorporations.

Mediators

Many times both parties would if possible like to avoid going to court and a mediator might be a solution that works for your circumstances. Divorces in particular using this strategy might save you thousands of dollars, which in this taxing emotional period not introducing or enlarging existing money problems can make a bad situation, a little more bearable.

There is always going to be a need for lawyers and figuring out when is always going to be tricky. Many lawyers will answer some questions for you for free to see if you do need there services, others might charge a small consultation fee. If you do need a lawyer, looking for a cheap one might actually cost you more money in the long run!

This is not legal advice and should not be acted on as legal advice. This is general information for you to consider. If you have legal question get legal help from a licensed attorney or paralegal.

Tips for Picking a Immigration Lawyer

While going through the immigration process, it may be overwhelming when you first sit down and begin to prepare all of the immigration forms. It may cross your mind that an immigration lawyer may be important to assist you in managing the process.

Although it is possible to go through the immigration process without a lawyer, there are many reasons it is helpful to hire an immigration lawyer to handle your case. If there is an obstacle that must be faced along the way, it may be necessary to have legal assistance to work through the problem. If your immigration circumstance is complicated, or you have no time to prepare your immigration case, it may be beneficial for you to have the assistance from an immigration lawyer.

Prior to hiring an immigration lawyer, it is crucial to do your research. Below are some tips to keep in mind while doing your research.

Obtaining references – Ask any family and friends if they know of any immigration lawyers. Although they may have never been through the immigration process they may be able to assist you in finding an individual who has been through the process and knows the services of an immigration lawyer.

The AILA website is a national association of attorneys and lawyers who instruct and practice immigration law. The purpose of this website is to be assured that you are hiring someone who has the knowledge in immigration law and policies.

Make a short lift of the attorneys that have caught your interest, and then interview these attorneys to find the one who matches your needs. Discuss with these attorneys if they have any experience with the type of case you have. Immigration law is specialty so it is crucial to hire a lawyer who is familiar with your type of case. If the lawyers you are interviewing provide you with a list of client references, use those contacts in order to obtain a better perception of the work styles of the lawyer.

Compare the fee programs. There are some lawyers that will charge by the hour and others who will only charge a flat rate. Ask the lawyer if there are any other additional costs such as courier feed, long distance charges and postage.

Check credentials. Once you believe you have found the lawyer who is right for you and you feel comfortable with, there is one step to do prior to signing a contract for the services. Get in contact with your local state bar to obtain information on your lawyer to see if they are licensed and in good standing. It is also crucial to find out if they have ever been subject to disciplinary action.

Choosing a Bankruptcy Lawyer – Tips to Select the Best Service

Bankruptcy refers to a condition where one cannot meet one’s debt obligations. Filing for bankruptcy is a legal process that requires a bankruptcy lawyer. A bankruptcy lawyer will not only help you deal with the overwhelming process of filing for bankruptcy, but will help you financially secure your future.

It is true that a lawyer will cost you money and when you are already in financial trouble you might find it hard to get the extra funds. However, it is also important to remember that in the long run a bankruptcy lawyer will more likely end up saving you money, plus give you peace of mind.

Before you choose a bankruptcy lawyer it is best to keep in mind the following tips:

1. Do not go looking for a lawyer at the last minute. You might end up making a bad choice and your lawyer might not get adequate time to prepare fully.

2. It is advisable to spend a day in a bankruptcy court to get an idea of how things work and what you should be looking out for in a lawyer. You can also talk to debtors about their experiences with their respective lawyers.

3. Do not go for a lawyer simply because he/she is the cheapest. It is essential to have an experienced attorney.

4. Know how much it will cost you. Find out what is included in the lawyer’s fees and what is not.

5. Check out the law firm before you hire a bankruptcy lawyer. This will give you essential clues regarding how the lawyer will handle your case.

When you are choosing a bankruptcy lawyer, it is essential that you interview several of them before you make your decision. Go for certified and experienced lawyers. Choose a lawyer that you are comfortable with. If you have any question or doubt, make sure you clarify it with your lawyer. On your first visit itself; give a true picture of your financial status. You lawyer can help you only if you give all the details about your financial condition. This will help you financially secure your future.

Four Legal Options to Consider With Your Truck Accident Lawyer

Collisions involving semi-trailer trucks happen on a daily basis. Due to the obvious size difference between a car and a big rig, when you are in a passenger vehicle, a trucking collision often results in critical injury. And when there is a fatality, the victims are almost always those in passenger vehicles. According to the Department of Transportation, approximately 500,000 of these traffic mishaps occur each year in the U.S. With that in mind, here are four legal considerations you can explore with your truck accident lawyer before deciding to file a claim.

1. Who Is Liable?

One of the first options to explore is whether you can establish employer liability. Determining liability answers the question of who was at fault. If the big rig driver is employed by a trucking company, your attorney may be able to pursue a claim against the corporation itself, as long as the employee was acting within the scope of his employment when the incident occurred. It is also important that a detailed investigation is conducted at the scene of the mishap in order to effectively establish liability, including taking statements from any witnesses.

2. What Injuries Were Sustained?

In order to successfully pursue a claim against a liable party, you must show that you sustained a physical injury as a result of the accident. If you cannot show physical harm, then your claim cannot result in a monetary judgment that is meant to compensate you for your injuries. You must also prove that these injuries were a direct result of the truck collision and not by any fault of your own. Your truck accident lawyer can help by jumpstarting the investigation and establishing both liability and damages immediately after the incident.

3. Is Money Available If Your Claim Is Successful?

Once you establish liability, you can then take a look at the alleged party at fault and make sure they have means to pay any damages suffered. For example, if you successfully establish that the semi-trailer company is at fault, it is important to know if they have adequate insurance coverage to pay for damages. If the party at fault is unable to pay, another option could be if you have coverage on your individual insurance policy to cover accidents that result from uninsured drivers.

4. Can You Settle?

An additional option to discuss with your truck accident lawyer is whether to pursue a settlement out of court rather than proceeding to trial. If you have established liability and the party at fault is offering to compensate you without having to deal with the stress and expense of a trial, a settlement can be a valid option. On the other hand, if you are not offered a fair settlement, it can be worthwhile to proceed to court. Ultimately, your attorney should help you get compensated for the total extent of your injuries, your medical bills, any wage loss, as well as any pain and suffering.

With these considerations in mind, you and your truck accident lawyer can effectively explore the best options for your specific case.

The Advantage of Retaining an Immigration Lawyer

Having an experienced and knowledgeable Canadian Immigration Lawyer, whether the client is in or outside of Canada, is essential when dealing with Canadian authorities. Keeping up with the latest developments in Canadian immigration law, rules, policies and procedures for processing various immigrant visa applications, work permits and study permits is absolutely necessary in order for an effective Canadian Immigration Lawyer to obtain successful results on the client’s behalf. As well, when a client is facing enforcement proceedings such as a detention review, an admissibility hearing or an appeal at the Immigration and Refugee Board of Canada or the Federal Court of Canada, the advocacy skills of an experienced lawyer are advantageous in successfully presenting and arguing the case.

A Canadian Immigration Lawyer represents:

– Skilled individuals and business people who wish to immigrate and make a positive contribution to Canada;

– Family members wishing to migrate to Canada in order to be reunited with their relatives;

– Individuals requiring immigration assistance with corporate transfers;

– Individuals in Canada who wish to change or regularize their immigration status;

– Individuals in Canada who may be brought before immigration admissibility or deportation proceedings.

An experienced lawyer can prepare and present an impressive package that highlights the client’s most positive qualities to Canadian officials, thoroughly prepare the client for the interview at the Canadian Visa Office or Canada Immigration, or represent the client who may be facing enforcement proceedings in Canada.

Skilled Worker Class, Canadian Experience Class, Provincial Nominee Programs, Business Class

If a client is eligible to apply to immigrate to Canada under one of these programs, an experienced Canadian Immigration Lawyer will prepare an application package that places the client’s qualifications and personal situation in the best light for consideration by Canadian officials.

Applications for Canadian Permanent Residence are considered by visa officers at Canadian Consulates or Embassies around the world. For an experienced lawyer, keeping current with the applicable regulations, rules and guidelines is only part of the job, as there is also a discretionary component allowed to be exercised by the decision-making officer. A lawyer’s experience in preparing and submitting these types of applications, as well as dealing with various Canadian immigration and visa officers, ensures quality representation throughout the application process.

Visitor Visa, Study Visa or Work Visa to Canada

If the client is applying to visit, study or work in Canada (temporary residence), a Canadian Immigration Lawyer will assess the client’s situation, determine the most suitable program and prepare a complete application package for consideration by Canadian officials.

Applications for Canadian Temporary Residence are generally considered by visa officers at Canadian Consulates or Embassies around the world. In some cases, an application may be filed from within Canada. Although the determination by visa officers and immigration officers are governed by regulations, rules and guidelines, there is also a discretionary component allowed to be exercised by the decision-maker. With a lawyer’s experience in these types of cases, the client is provided with knowledgeable, quality representation throughout the application process.

Sponsorship, Humanitarian and Compassionate Grounds, Criminal Rehabilitation

If the client is already in Canada, a Canadian Immigration Lawyer will review the particular situation and determine if the client qualifies for one of these applications to become a permanent resident of Canada.

These discretionary applications are considered by Immigration Officers at Canada Immigration Centres. Although it is important to be thoroughly familiar with applicable regulations, rules and guidelines, an experienced lawyer will be able to address the relevant circumstances of the client’s specific personal situation. Experience in dealing with various immigration officers in these types of cases provides the client with effective representation throughout the application process.

Detention, Admissibility and Appeal Division Hearings, Applications to the Federal Court of Canada

If the client is facing one of these immigration proceedings, an experienced Canadian Immigration Lawyer can provide the client with effective representation in arguing the case at the review, hearing or appeal.

The key factors for a lawyer in successfully arguing the client’s case in court or at an immigration tribunal are preparation, knowledge and experience. A Canadian Immigration Lawyer who is thoroughly prepared with the facts of the client’s case, the relevant legislative provisions and judicial decisions is essential to successfully preparing the client for the hearing or appeal.

Copyright © 2011 Steven Tress, Barrister and Solicitor. All Rights Reserved Worldwide.

Importance of A Litigation Lawyer

A legal litigation lawyer is primarily concerned with providing officially authorized proficiency desired to determine the resolution to a special kind of legal disagreement that primarily do not fall under the category of criminal offences. The conflict can range from among small individual units to among large corporations. For instance, when two neighbors come across a difference of opinion pertaining to any topic like property boundaries, and if they are unable to resolve their disparity outside the legal court, only then the role of a civil becomes essential. Each side would hire a lawyer to support each of their positions before a judge or the jury.

A second prominent situation that calls for the essential role of this lawyers is when Businessmen from time to time come across a difference of opinion regarding some legal concord on contract conditions to an extent that it calls for an authority or the procedure of a lawsuit to resolve the differentiation. A litigation lawyer will usually have the required awareness of the contract and the law, which would give him the ability to construe the diverse contractual sections so he or she can help the authority in reaching a conclusion desirable to the party involved. Also, where there is a compromise on the contractual clauses, the lawyer may be capable of helping the entities involved in rectifying the differences of opinions without actually going for a legal lawsuit. But when the easier way out is not conceivable, both parties can appoint litigation lawyers who will have the required knowledge to deal with the case proceedings effectively to a desirable conclusion.

Another important property specific to the litigation lawyers, which is made most evident when going through the local phone book for the contact of a litigation lawyer, is that a person will notice that there are lawyers with specialties in various fields out there. Every lawyer of this category chooses to specialize in some special kinds of cases, for illustration, whenever an operative feels the impression that there has been percipience or discrimination of particular sort at his work place, he will easily be able to find a litigation lawyer who concentrates in that individual field of law. Federal, state and local laws can be very diverse and complicated and the way they administer behavior in the workplace. Therefore, it can be rather difficult to understand, so hiring a skillful and knowledgeable expert can assist the employee get the reimbursement he merits.

With all the arguments presented above, one conclusion that can be evidently drawn is that a litigation lawyer clearly possesses a very momentous domicile in any society. Given the latest trend, common among people of many countries suing one another clearly acts as empirical evidence of the importance of litigation lawyers in a country. Unquestionably this is the very motivation why so many lawyers out there have constricted their practices to specialisms rather than going for “general” practice.