Lawyer and Legal Information:(FYI) 4 Your Information

Consumer Legal Information

Many times during your lifetime you'll be involved with the federal, state, or your local municipality's legal system. You'll get a driver's license, get married, borrow money, make a will, get a traffic ticket, have a traffic accident... the list goes on and on. Most of us will deal with these events - pleasant or unpleasant - without too much trouble.

But, at some point, you will run up against a legal situation that's more complicated. And more complicated situations can be worrisome if you're not sure how to handle them. Perhaps you're being sued over a dispute of some kind, or perhaps you'd like to do the suing - if you knew what was involved and how much it would cost.

Maybe a parent or other relative has asked you to serve as executor of their estate, but you'd like to an affordable lawyer can solve many legal problems understand a little more about it before saying "yes."

When a complex legal matter comes up, you probably have lots of questions, but aren't sure where to get the answers. This legal information page will help you answer many of these questions, and guide you in finding other, more individualized answers on your own.

If You're Involved in a Lawsuit:

Thousands of people in the U.S. are named in lawsuits every day. It's not unusual. A lawsuit may result from a fall on your sidewalk, a fender-bender, or just a misunderstanding about the payment of a debt. If you are sued, it's important to know what's involved and to understand your options.

When someone files a lawsuit, they must formally notify everyone being sued. The document that is used to notify those being sued is called a summons. The lawsuit, or complaint, is generally included with the summons. In most jurisdictions, a sheriff or process server delivers or serves the summons, in person, to the individual being sued (or to someone in his or her household). Sometimes, especially in lawsuits involving smaller matters, a summons may be served through the mail; usually registered or certified mail that requires a signed receipt indicating it was delivered.

The summons tells the person being sued what they must do to protect their rights to defend the suit. It usually includes the deadline for filing an answer to the complaint. The complaint tells the person being sued why the action was brought against him or her and what the demands are.

The Stages of a Lawsuit:

The steps involved in a lawsuit may differ from one court system to another. Therefore, when you receive a summons and complaint, it is important to read them carefully. Usually, when a case is filed and you are served with a summons, a clock starts running. You have a limited time to respond to the lawsuit by filing a document known as an appearance and, in most cases, filing an answer to the complaint.

If you fail to take these steps, you may lose your right to dispute the lawsuit and defend yourself.
After you have filed your appearance and answer, a date may be set for either a trial or a report to the court on the status of the case. In the meantime, the parties have the right to conduct discovery.

Discovery is a process allowing both sides to find out more about the issues in dispute. People may be required to answer questions under oath in a deposition or through interrogatories. A deposition is an oral examination, while interrogatories are written answers to questions.

In most courts, the judge will try to settle the case after discovery is completed and before the trial. The great majority of cases do settle without going to trial. When a civil case goes to trial, it may be heard and decided by a judge or a jury, depending on the kind of claim being made. Usually there is an additional filing fee to demand a jury. If the case is decided against the person being sued, the judge or jury will also decide how much the damages are.

After a settlement or trial, a court order is written and signed by the judge. The order sets out the obligations resulting from the lawsuit. If there is an order for damages and money is owed, the order can be enforced by various collection methods including wage assignment (i.e., money is taken out of a paycheck), or the sale of assets such as a car or house.

If you lose a lawsuit, you may be able to bring an appeal to a higher court. Appeals can be brought for only a limited number of reasons, though, and are costly and time consuming.

Do You Need a Lawyer or Not?

Sometimes a lawyer is provided to the person being sued at no personal expense. For example, if you are sued because you were in an auto accident, your insurance company will probably provide a lawyer to protect your interests. Of course, it is up to you to contact your insurance company, to give the company notice of a possible claim and to find out if it will provide a lawyer.

Remember that you are responsible for any suit in which you are named. Therefore, you must immediately inform the agency or organization about the suit. You need to cooperate with the lawyer selected for you, but you should consider the possibility that the lawyer provided for you may have a conflict of interest.

A conflict of interest means she or he is responsible to the organization, and the organization's interests may be different from yours. If you believe there is a conflict of interest, you should consult a lawyer that you select personally.

Can You Settle Out of Court?

legal information to help defend yourself against lawsuits Many lawsuits result from misunderstandings, and can be resolved in ways other than going to court. If someone is suing you, you may be able to talk to him or her and, perhaps, negotiate an agreement. Or you may be able to resolve the matter with mediation, using the services of a skilled, neutral mediator. Many communities have neighborhood dispute resolution centers providing these services free or at low cost.

You may want to consult a lawyer just to help you determine whether options such as these - known as alternative dispute resolution - may be suitable in your case. Remember, though, that even if you seek alternatives to the lawsuit, you must continue to protect your interests by filing your response and appearing in court.

Defending Yourself

You may decide to defend yourself in a lawsuit instead of retaining a lawyer, especially if it is a matter for small claims court. The small claims division of a court hears only those cases where the money claimed is below a certain level, usually no more than $1,500 to $5,000.

In small claims court, procedures are generally less formal and the judge sometimes helps the parties resolve the matter. In some small claims courts, however, parties may have a lawyer and demand a formal trial. Keep in mind that if you want to represent yourself, you still can hire a lawyer for advice and, perhaps, coaching.

As you can see, many factors will influence your decision about whether or not to hire a lawyer. One consideration will be the economics of the situation. That is, how much are you being sued for, what is the likelihood you will win or lose in court, do you think a lawyer will improve your chances to win, and how much will the lawyer cost? In the end, you'll need to weigh these and any other factors relevant to the decision.

Finding a Lawyer

Download Free ebook "The Problem with Lawyers" (28 pages) This helpful book helps the average person understand what a lawyer actually does. The popular perception is that a lawyer works like those seen on T.V. The reality is far different.

Most people find a lawyer through a personal referral from friends, family members, or colleagues at work. Most lawyers focus their practice on a few areas of the law.

This is important to remember when evaluating references - just because a lawyer did a good job for your friend who bought a house doesn't mean he or she will be competent to handle something entirely different for you. Keep in mind that your primary goal is to find a capable person to help you address your particular legal issue.

Other ways to locate an attorney include:

The American Bar Association (ABA) The ABA website, www.abanet.org, has a lawyer referral service but does not make recommendations.

State and County Bar Associations - State and county bar associations often offer a referral service. Look for the number in the telephone directory. The attorneys on these referral lists are often new lawyers starting to build a practice. Although less experienced, they can also be less expensive and more willing to spend time on your case.

Martindale-Hubbell Law Directory - This is a commonly used directory of lawyers and can be found at most public libraries or at www.martindale.com. Individual attorney listings and law firm listings are organized geographically. While the listed law firms predominately serve corporate clients, firms providing personal legal services can also be found.

Legal Plans - Check to see if your employer offers a legal plan as a benefit. These plans typically charge a monthly premium and provide basic advice and consultation, usually over the phone. The legal plan should have a panel of participating law firms that have been prescreened. Some plans offer more extensive services such as short office consultations, the preparation of simple wills and the review of basic legal documents.

Corporate or Personal Attorney?

Most law firms serve either corporate clients or individuals and families. If your business needs help, go to a corporate law firm. Understand, however, that corporate law firms are usually larger and often more expensive. For personal legal problems, look for a lawyer or law firm that handles personal legal matters.

Many lawyers who serve primarily individuals and families are general practitioners and have experience in handling many of the most frequently needed legal services: divorce and family matters; wills and probate; bankruptcy and debt problems; real estate; criminal; and/or personal injury. Some have a narrower focus. Be sure your lawyer has experience in the area for which you are seeking help.

Narrowing the Field

Once you've identified some candidates, call each attorney on the telephone, describe your legal issue and find out if the attorney handles your situation. Ask whether the attorney will charge you for an initial consultation. Also, ask what the attorney usually charges to handle your kind of case.

The initial consultation is an opportunity for you and the lawyer to get to know each other. After listening to the description of your case, the lawyer should be able to outline your rights and liabilities as well as alternative courses of action. The initial consultation is the lawyer's opportunity to explain what he or she can do for you and how much it will cost

legal information requires a trained lawyer You should not hesitate to ask about the attorney's experience in handling matters such as yours. Also, do not hesitate to ask about the lawyer's fees and the likely results. If you are considering going beyond the initial consultation and hiring the lawyer, request a written fee agreement before proceeding.

How Much Will It Cost?

There are three common types of fee arrangements.

Hourly Fees - Lawyers often charge an hourly rate for the time they spend on a case. For example, a lawyer may charge $170 per hour. If your matter takes only one hour, your attorney's fees would be $170. If your matter takes 10 hours, your fees would be $1,700. The disadvantage is that you do not know until the end how much it will cost.

When charging by the hour, some lawyers require a "retainer," which is a deposit paid by you in advance - hourly fees and costs (discussed below) are then charged against this deposit. If your lawyer requires a retainer, it should be made clear whether any unused portion is refunded to you at the end of the case.

Fixed Fees - Some lawyers will charge a flat fee set in advance. This is particularly common for simple, easy-to-define matters such as wills.

Contingent Fees - These fees depend on the outcome of your case. They are commonly used in personal injury matters. For example, if you are not successful in recovering any money, then no attorney's fees are paid. If a recovery is made, then the attorney's fees are based on a percentage of the recovery. This contingency arrangement applies only to the attorney's fees and not to costs. The client must pay the costs, regardless of the result. Attorneys sometimes require an advance deposit to be used for the payment of costs.

Costs. Payments made to third parties - or "costs" - are always an additional expense the client must bear. Some common examples of costs include court costs for filing fees and serving papers, costs paid to reporters for depositions and costs paid to investigators. Oftentimes you will pay these expenses through your lawyer.

Sometimes lawyers consider certain overhead expenses to be costs. They will charge separately for such items as photocopying, long distance telephone calls and computer research. Before work begins on your case, you should have a clear understanding as to whether such expenses are included in the lawyer's fee or are billed separately. All of these matters can be made clear in a written fee agreement between you and your attorney.

Making Your Selection

After your initial consultation with each prospective lawyer, ask yourself these questions:
Did the lawyer listen to me?
Was I treated with concern?
Was the lawyer knowledgeable?
Did the lawyer give me a good understanding of my alternative courses of action?
Do I understand the range of possible results associated with each course of action?
Am I clear about the lawyer's fees?

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