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General Frequently Asked Questions
NOTE:
The information you obtain at this site is not, nor is it
intended to be, legal advice. You should consult an attorney for
individual advice regarding your own situation.
When Should I See A Lawyer?
It is not possible to state every possible situation in
which you may need to consult a lawyer. However, as a rule of
thumb you should seek to consult a lawyer to prevent problems
from occurring in the future in circumstances like: (1) Real
Estate Transactions; (2) Making a will or planning your estate;
(3) Family matters, such as divorce; (4) Starting or buying a
business. You should definitely contact a lawyer once problems
arise, such circumstances might be: (1) You have sued or believe
that you may have a lawsuit you wish to pursue; (2) You are
unable to resolve issues with a government agency; (3) Someone
fails to perform work or services or fails to honor agreements
or warranties; (4) Someone refuses to pay you funds to which you
believe you are entitled, or someone is trying to collect a debt
you believe you don't owe.
How do I Find a Lawyer?
You found one by clicking this website, but if you want
more guidance consider: (1) asking a friend or relative; (2) ask
a professional such as a doctor, minister, banker or business
person; (3) contact you local bar association; and (4) use the
telephone directory.
How Do I Choose a Lawyer?
Consider the following factors in making
your decision: (1) Does the lawyer have experience with the
problems I am dealing with?; (2) Does the lawyer charge for an
initial consultation, and if so what is the charge?; (3) How
will I be charged for the lawyer's services?; (4) Does the
lawyer provide a written agreement detailing the fees and
services provided for the fees?; (5) Could I communicate
effectively with the lawyer?; (6) Was the lawyer clear and easy
to understand?; (7) Are the lawyer's fees reasonable; and (8)
Did the lawyer sound genuinely interested in my case?
What Do I Bring to My Consultation?
Always plan to attend your initial consultation with an
open mind. You do not have to decide to employ the lawyer with
whom you are interviewing until you have had time to think about
the interview, the attorney and your prospective course of
action. When you go to your initial consultation it is important
you bring: (1) A written summary outlining your problem; (2) A
list of names of all persons involved in your situation,
including witnesses; (3) All documents in your possession
relevant to your potential case; (4) A list of questions you
would like to have answered by the lawyer at the consultation.
What Should I Expect of My Lawyer and What Should MY LAWYER
Expect of Me?
You lawyer should: (1) Give you straight and honest
advice; (2) Tell you of the strength and weaknesses of your
potential case; (3) Keep you informed and follow your
instructions within the bounds of the law; (4) Protect and
defend you; and (5) Not represent any other client whose
interests are in conflict with your own. Your lawyer should be
able to expect you: (1) To be prompt for court appearances and
attorney-client meetings; (2) To keep him informed of your
current address and telephone numbers; and (3) complete honesty
- even if it is embarrassing to tell the truth about your
problem. Remember everything you discuss with your lawyer will
be kept confidential. The only exception to this general rule is
any discussions with your lawyer regarding plans for future
crimes.
How are Lawyer Fees Set?
A lawyer's fee depends on many variables, such as the
amount of time, the difficulty of the case, the skilled
required, the customary fee in your area for similar work, the
experience of the lawyer, the lawyer's reputation and ability,
and whether the fee is a set amount or contingent on the outcome
of the case. A flat fee is a standard (set) fee for a particular
legal problem. (i.e. Attorney A has an set fee of $1000 for
drafting simple wills) An hourly fee is a fee that is set on a
per hour basis. Hourly fees do not typically include court costs
and out-of-pocket expenses incurred during the representation.
(i.e., Attorney A has an hourly fee $300 per hour for working on
corporate litigation cases, in addition Attorney A charges court
costs, travel expenses at $0.35 per mile, copy costs at $0.25
per page and Facsimile charges of $1.00 per page.) Some lawyers also
require an advance fee called a retainer. Regardless of what
your lawyer charges you, it is important to get your agreements
in writing so that there is no confusion later down the road.
What if I Have A Problem With My Lawyer?
If you have a problem with your lawyer, you should first
discuss the problem with him. Try to work out any problems. If
the problems cannot be worked out, it is your right to fire your
lawyer and hire someone else to represent you. If the situation
occurs before your legal problem is settled, you should expect
to pay a portion of the fee to the lawyer for time already
invested. The lawyer has the obligation to return your file to
you. If you believe your lawyer has done something illegal or
unethical, you may wish to file a grievance against your lawyer.
In such circumstances, contact your local bar association.

Copyright © 1999-2008 by Mark S. Loria, Attorney at Law.
All rights reserved.
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