The United States is one of the most over-regulated countries in the world. There are literally hundreds of thousands of Federal laws that apply to every state. Then, there are individual laws for each state that are only applicable to actions that arise within that state.
Keeping up with the various facets of law is a full-time job that cannot be taken lightly. This is because the laws keep on changing as they are amended, reconstructed, broadened, and convoluted by every judicial opinion that is written regarding them. This case-law was formerly called the “common law” or “unwritten law”. It is not really law but can often provide evidence of trends that demonstrate how it is being applied and interpreted.
Because there is so much regulation and serious penalties dictating everything in our lives, you will eventually need an attorney who is experienced in a particular type of law to assist you. This can be anything from writing a will to fighting felony charges. Because there is often a lot at stake in any legal action, you should always seek out the most qualified attorney and proceed with caution.
Below, we have written some tips on how to choose the right attorney for various events in your life.
Finding the Right Attorney
If you do your own research on the issue, you will be best able to assess the experience of a prospective lawyer. An attorney who has experience on hundreds of thousands of cases like yours will know the contours of the law right off the bat. The lawyer won’t talk over you and treat you like you are inferior. A good attorney wants to provide a free consultation of sorts to ensure that you feel comfortable with his knowledge. An attorney who just wants you to hand over a lot of money to look at the case is probably not that interested and underqualified to represent you.
Some lawyers pride themselves in being protectors of the people and are not just looking to make a fast buck but will work for free to fulfill their mandated pro bono hours as members of the BAR. You have to be careful about billing with an attorney because you never know if they want a flat rate or if they bill by the hour. Some lawyers will work on a contingency and ask for nothing except fees for medical experts and such unless you win your civil lawsuit.
Situations in Which You May Require an Attorney
The obvious cases are ones where you are charged with a criminal offense and facing a potential prison or probation sentence. A small fine is one thing that may be cheaper than hiring an attorney to fight it unless you are being plainly mistreated. The other issues are complex divorces, wills, trusts, contracts, and help in collecting insurance payments or debts owed to you.
According to Dairn Shane from PreszlerLawBC.com, in some circumstances, insurance companies demand an examination to delay paying what they owe or even avoid paying altogether. When an insurance company refuses to pay out on a legitimate claim, you will have no choice other than to hire an attorney to keep them in check. The problems that occur collateral to a denied insurance claim payment may turn injuries into more serious handicaps if medical care is delayed. Loss of income from an injury can escalate into bankruptcies and financial hardship if insurance payments are never received.
Contracts are another matter where strict scrutiny is needed. Contracts are strictly construed by the courts and are generally limited to the four corners of the document when a dispute arises. An express contract is a written agreement that delineates the duties and obligations of each party. It must define and specify terms as well as penalties in the event of default. Because any ambiguities in the contract can be exploited by the other party as grounds to void the agreement, it is important that they are drafted plainly and without loopholes. A law firm that has decades of experience dealing with the type of contracts you require is the best suited for the job.
It can take a lot of asking around for inside information on which lawyers to hire from people who have faced similar dilemmas before you get the right one. A fair lawyer will want to look at your case and help you because they believe in your cause and agree with what you are trying to accomplish. If you can find that quality, the right lawyer will stick out like a sore thumb and solve the particular problems that you encounter.