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Recent Legal Articles
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Tips On Finding The Right LawyerBy G.L. Bycz
First, it is essential that you find a lawyer whose practice is exclusive to the area of the law concerning your legal case. The best lawyers and law firms are selective, taking only one type of case and decline all others. The more complex your case, the more likely you will need an attorney who has expertise in that area of law. Hiring a specialist is the surest way to achieve a successful outcome in your case.
Make sure your Lawyer has the staff and resources necessary to win. If you have an important case or a powerful adversary, it’s best to hire a law firm, not a single lawyer.
Ask about how long that attorney has been practicing law. The more experience, the better. It is important that the lawyer possess good knowledge of the law district you live in, and knows the judges and prosecutors. Make sure to find a lawyer with membership in a specialized organization, like the American Trial Lawyers Association, which supplies members with resources and information. Compare the lawyer’s past results by requesting some proof of prior verdicts such as court records or newspaper reports.
Make sure your lawyer has graduated law school either cum laude (with honor), magna cum laude (with great honor), or summa cum laude (with highest honor). The best lawyers have good academic backgrounds, published articles in their field, and are often invited to write or teach other lawyers in professional seminars.
Ask if the Attorney will be handling the case personally. If not, what kind of work will he or she be doing and who in the office will be responsible for the rest (paralegals, associates, etc.) Make sure the attorney or the person handling your case will be available for meetings and phone calls at convenient times. And will kept you informed of any changes or delays in your case. Ask if a paralegal and standardized forms will be used in your kind of case. If so, will that mean lower fees? Your attorney should charge a reduced fee for work performed by a legal assistant or paralegal. Ask if the lawyer or law firm charge either hourly fees, a flat fee or on a contingent basis. Hourly fees are typically between $75 and $375 per hour or more per hour. A contingent fee is one which is paid only if you win. The usual fee percentage is 1/3 of a settlement or 40% if litigation is required. Never hire a personal injury attorney or wrongful death attorney unless the fee is contingent. Contingent fees are prohibited in criminal and family law cases. Ask about fees and get a written estimate detailing all expenses and payments equaling the lawyer's total fee, such as: the charges, services included, any extra fees, and how you will be billed.
Make sure to ask your attorney for an estimate of how long cases like yours will take, and how he or she feels the case and court proceedings should be handled. It is also a good idea to ask if the attorney of your choice has malpractice insurance. If the attorney possesses these qualifications and requirements, you have the right one. But if you have determined the lawyer you are interviewing will not be able to help you, ask if he or she can refer you to someone with more expertise on handling your legal matter.
Selecting A Divorce AttorneyBy Jean Mahserjian
In reality, selecting a divorce attorney is also an incredibly stressful experience. Do it right and you can breath easy. Do it wrong and you will spend years making up for losses that might have been prevented.
There are a few tried and true tactics that you should be using when you select a divorce attorney. Before you even begin, you need to identify the type of case that you will be involved in. Will you be mediating your divorce? Will you be negotiating? Or, will your case be one of those cases that goes to court and becomes a knock down, drag out divorce litigation?
There are divorce attorneys who specialize in these different types of cases and you need to hire the type of divorce attorney who is best suited to the type of case that you have. If you need to deal with a knock down, drag out litigation, you do not want a mediation attorney trying to protect your interests. Likewise, if you are going through mediation, the last thing you want is a divorce attorney who will try to create issues and move you towards litigation.
So, step one in the process of selecting a divorce attorney is to identify the type of case that you have. Next, start asking people for help. Since the divorce rate in the United States is at about 50%, chances are you know at least several people who have been through a divorce. Ask about their process, how they selected a divorce attorney, and how their attorney performed for them.
After you have received the names of several divorce attorneys that you received from asking other people, go online and start researching those attorneys and others. Many divorce attorneys have websites, write articles, and advertise on divorce portal websites. You can get quite a bit of information about how an attorney approaches cases and treats clients by reviewing their website.
After you have reviewed the divorce attorney websites, make a list of at least two and as many as five divorce attorneys who you think you will be comfortable speaking with. Call the offices of those divorce attorneys and schedule consultations. Some of those attorneys will charge you for a consultation; the more experience the attorney has, the more likely that you will have to pay for time with that attorney.
When you attend a consultation with a divorce attorney, be prepared. Make an outline of the history of your marriage and the problems facing you now. If you or your spouse has filed any papers in court, make sure you bring them with you. Bring one or two years tax returns or a recent financial statement so that the divorce attorney can review some of your financial data before being asked questions about "results".
Make sure you ask each divorce attorney questions about how that attorney's office operates in response to client phone calls, emails, or other inquiries or needs. If you will be working with a divorce attorney who has no other attorney in their office, be prepared to wait in line when you have a need for a response. That attorney will have other clients who have needs just as significant as yours, and an attorney can be responsive to only one client at a time. Even with that drawback, there may be a divorce attorney who you feel is just right for you who is also a solo practitioner. That is a trade off that you may have to get comfortable with.
After you have completed all of the consultations and reviewed
the answers to all of your questions, decide which divorce attorney
you felt most comfortable with and which one you believe will work
with you to get the type of results that you want.results that you
want.
Don't be Harassed by a Collection AgencyBy Steve Kalzac
Debt Collection is big business today. Financial institutions and other businesses formerly undertook most of their collection activity in-house. Today it is much more common to outsource or even sell consumer debts to collection agencies. Unfortunately more than a few of these firms employ tactics that amount to unlawful harassment. You, as the consumer must be aware of your rights when confronted with the prospect of dealing with a debt collection agency.
Use the following tips to ensure you don’t put up with unacceptable debt collection practices. Under the Fair Debt Collection Practices Act (often referred to as the "FDCPA") you have specific rights to sue collectors who unlawfully threaten or harass you.
When confronted by a debt collector you are NOT required to:
Debt collectors can’t threaten to send you to jail, harm you or contact your employer, neighbours or family about the debt. They cannot add collection costs or "late" fees. They cannot take and sell your property unless they have a mortgage or court order.
Before you pay anything, confirm you do actually owe the debt! Check your records and get legal advice if you don’t think you’re responsible for payment of the debt. All communication and further action on the part of the collection agency must stop until the debt is validated.
If the debt relates to an auto or personal loan, mortgage or credit card, you’re entitled to see copies of your loan contract. If the lender refuses to provide copies, advise the consumer protection agency in your state. There are many valid defences why you may not have to pay all or part of the debt:
If you know you do owe the outstanding amount, negotiate to pay a reduced amount to settle the debt or organise a repayment schedule. If a repayment arrangement is made, confirm it in writing and keep a copy of the letter.
Finally, it's best to seek legal advice if you believe you have a legitimate reason for not paying.
Steve Kalzac Consumer Debt and Credit Card Information Article Source: http://EzineArticles.com/?expert=Steve_Kalzac
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