How to Go About Selecting an Attorney For Your Case

How to Select a Personal Injury AttorneyWhile there are many factors that affect whether a client wins or loses a personal injury case, or affect the level of the settlement, selecting the right personal injury attorney makes the most difference in winning the case. So, how should one go about selecting a personal injury attorney who will get the best results, and the best settlement, for the case?Most personal injury attorneys have free consultation. You, the client, should use the consultation not only to have the attorney assess your case, but also to interview the attorney to make sure your case will get the attention it deserves. The first indication as to whether you and your case will get the attorney's full and undivided attention is how you are treated during the free consultation. Obviously, you should expect to discuss the case with an attorney, not with a paralegal, or other members of the attorney's staff. After all, you are not hiring a paralegal; you are hiring an attorney to understand your case, research the facts of the case, research the law and win your case for you. You want to be able to talk to the attorney first hand, not through intermediaries.Once you meet with the attorney, outline your case and answer whatever questions the attorney may have. You should then ask the following basic questions. The answers that you get should determine the level of comfort you have regarding the level of attention that the attorney will give you and your case:1. Who will be handling and researching your case. Is that person an attorney or a member of the staff?2. If your case goes to trial, will the attorney be fully involved in the litigation or would he outsource the litigation without any involvement?3. Will the attorney be your contact at the attorney's office? If so, will he be available during office hours as well as after hours? Would he give you access to his direct telephone, including his cellular phone?It is a fact that at the offices of some personal injury attorneys, clients come in contact with paralegals and other office staff but never with an attorney. If the attorney responds that his "competent" staff will give their full attention to your case, get a clue. If the attorney is reluctant to give you his cellular number to contact him anytime you have a concern, get another clue.Many of my clients have confided in me that the reason why they have not selected other attorneys before knocking on my door was the fact that they could not talk to an attorney. They were able to talk to a paralegal or other staff, but not the attorney.If you are not able to talk to a personal injury attorney during the consultation, or if you do not feel comfortable that your case will be getting the full, undivided attention of the personal injury attorney, find another attorney. There are many good attorneys out there who are anxious to give you and your case their full, undivided attention.Ramzy Ladah
Las Vegas Personal Injury, LLC
http://www.ladahlaw.com

5 Steps to Hiring a Brain Injury Attorney

One of the most important decisions a traumatic brain injury survivor must make following an accident is choosing the right attorney. Finding the best attorney for your case can be a daunting task, especially for someone with a brain injury.Choosing an attorney should not be taken lightly in Wisconsin, because the law here makes it extremely difficult to fire your personal injury attorney and find a new attorney to take over your case. The following 5 simple steps will help you find the right Brain Injury Attorney for your case.1. Identify the Type of Case You HaveStart by identifying your particular accident. If you were injured in an automobile crash, then you need an attorney handling auto accident claims. If, on the other hand, you were injured in a semi-truck crash, then you need an attorney that has successfully handled tractor-trailer accidents in the past. The Internet is a great resource to gather general information about your particular accident and finding an attorney with experience handling such a case. For example, conduct a web search for "(your state) Car Accident Attorney," "(your state) Truck Accident Attorney," etc.2. Research Your Specific Type of Injury and Your SymptomsYou should also conduct research on your specific type of injury and symptoms. For example, you could conduct a web search for "Mild Traumatic Brain Injury," "Moderate Traumatic Brain Injury," "Severe Traumatic Brain Injury," "Post-Traumatic Headache," "Dizziness," etc.3. Search for Names of Potential AttorneysOnce you have identified what type of case and the type of injury you have, and have done some preliminary internet research, you can begin searching for attorneys that have experience in accident cases that result in injuries to the brain. Again you should turn to the Internet. The Yellow Pages may also be of benefit, however, because there is a limited amount of information that can fit on one page it is usually an inadequate resource. Television is even less helpful, because of the time limit on the ads and the insistence of some personal injury attorneys to run generic catch-all commercials promising a big settlement on all types of case and injuries. Search the web for an attorney with experience handling your particular type of accident and your particular type of injury, including your symptoms.Once you have your list of possible attorneys, you should read their particular websites closely. Check out the organizations to which they belong. They should belong to organizations that advocate for victims that have survived traumatic brain injuries. Also, look for past settlements and jury verdicts concerning traumatic brain injury.4. Call and Request Written Material From the AttorneyIt is critical that you choose the right attorney from the outset. You can simply call the first attorney you see on TV and set up an appointment. However, this is not recommended as it is hard for you to determine whether this attorney is truly experienced with traumatic brain injury based simply upon a TV advertisement. Instead, call and ask the potential attorney to send you information this attorney uses to develop and document his client's traumatic brain injury symptoms. If you request written material before meeting with the attorney, then you cannot be pressured into signing something you may later regret. You will be able to first read the attorney's educational materials and then decide on your own time whether this attorney is right for your case.If you do call an attorney for written materials and instead of politely sending you some free educational information, they attempt to get you into their office or offer to send someone out to your house or hospital room, then beware. Brain injury victims are usually quite vulnerable following an accident and they should never feel pressured into signing anything, including an attorney's fee agreement.If the attorney or law firm does not offer informative, written materials, or if they are pressuring you to come in and sign a retainer, then they may not be reputable.Keep in mind that the ethics rules prevent attorneys from directly contacting you in person, by telephone, or by email, unless you contact them first. If an attorney solicits you without your request, then you should immediately report them to the Office of Lawyer Regulation (877) 315-6941.5. Schedule an In-Person Appointment with the Attorney and Ask QuestionsOnce you have done the necessary background research, it's time to set up a face-to-face meeting with the attorney. Make a list of questions and bring the list with you to the appointment. If the attorney is competent and experienced with traumatic brain injury, he/she will likely appreciate your persistence and answer your question much more directly.Here are some suggested questions to ask:Will you be the one handling my case from start to finish? (If the answer is "no," immediately request to meet with the attorney that will be handling your case from beginning to end).What is the process for handling my case? What steps will you go through?When will my case be ready to be resolved? (If the attorney promises a quick settlement, they may be telling you what they think you want to hear as opposed to the actual truth).How many active cases are you personally handling at the present time?Have you ever represented people with traumatic brain injuries before? What were some of the results?How do you obtain most of your brain injury cases? (Referrals from attorneys, other professionals and former clients is the right answer).Have you attended or presented at any brain injury conferences or seminars?Do you belong to any trial lawyer brain injury organizations?Are you a member of any national brain injury associations?Are you a member of your state's Brain Injury Association?What is your AVVO ranking? (A rank of 9+ is excellent).Attorneys that devote a majority of their practice to the representation of traumatic brain injury survivors will not be learning on the job during your case. They will not have to learn new medicine for your case.Instead, you can be comfortable with an attorney experienced in the representation of brain injury victims knowing they have worked with some of the best experts in the fields of medicine for brain injuries and an experienced brain injury attorney will not be intimidated when faced with brain injury medical experts that have been retained by the insurance companies to say that you did not sustain a life-changing injury. As a result, experienced traumatic brain injury attorneys are usually in a much better position to obtain the appropriate amount of damages for their clients with traumatic brain injuries because they have a better idea as to the amount a jury may award for this specific kind of injury.

Finding an Attorney You Can Trust

When it comes time to hire an attorney, most people have absolutely no idea where to begin. Of course you want to find the most affordable legal representation possible but then again you also want to make sure you hire an attorney with experience and knowledge about your specific kind of case. Fortunately, when it comes to finding great legal representation there are a couple of methods which will help you find the best possible attorney for you at a rate you can afford.How Do You Determine Which an Attorney is Right for You?This is an easy one. Simply meet with the attorney. You are going to have to do this anyway if the attorney is willing to take on your case. Meeting not only helps the attorney learn important facts about your case, but it also gives you a chance to see whether or not you feel comfortable when talking with the attorney. You will have to communicate with this person on a pretty regular basis. Do you feel confident this is someone you can fully trust to handle your case? Does the attorney appear to show sincere interest in your case? You must be able to answer both of the questions squarely before deciding if the attorney is a good fit.How Do I Actually Find a Good Attorney?One of the very best ways to find a good attorney is by approaching an attorney you already know. If you do not already know any attorneys, ask your friends and family for the names of some attorneys they know and trust. Another way to find an attorney is by approaching your State Bar.You may also be able to find out other valuable information about an attorney by finding what organizations an attorney is part of. Some organizations require members to meet certain standards of achievement in their practice. Approach your State bar and ask for a list of reputable organizations where you may be able to research an attorney's background and experience.When Meeting With an Attorney, What Questions Should I Ask?Firstly, you should start off by asking the attorney what areas of law he or she specializes in. It might not be such a great idea to hire even a reputable bankruptcy lawyer who only minors in personal injury if your case happens to be a personal injury case.Get a Feel for an Experience Level.Ask the attorney whether or not he or she has handled many cases like yours before. If so, then ask how many. Do not feel bad about asking these kinds of questions. You want to find an attorney you can trust, right? A good attorney always welcomes these kinds of questions. After all, trust is the key to forming an effective attorney-client relationship.It's all about the TES Factor.When you are looking for the right attorney, just remember the TES factor; Trust, Experience and Sincerity. Find an attorney who you feel you can completely trust and who has a proven track record of experience with you kind of case. Make sure that the attorney is sincere, meaning that he or she actually shows genuine concern about your case. Generally, if you are able to find an attorney with great TES, you are probably in pretty good hands. Well, let's not forget about pricing! Maybe you should look for good TESP. "P" meaning pricing, of course, but usually excellent attorneys are definitely worth a little more.

Attorney Videos in Today's Marketplace

The increase of home personal computers, Internet, and new technology is providing a lawyer with a way to connect effectively with the public. How can an attorney take advantage of this new Internet marketing tool? The lawyer can have an attorney videos created specifically related to his legal practice. The advantage of attorney videos allows web page visitors to achieve better understanding by being able to hear and see a presentation about the attorney practice instead of reading the information.This is the preferred way of most Internet users, and 99% of users have the ability to view these videos. Future clients can access the videos seeking legal information and may choose the lawyer to represent them with their legal issue. Attorney videos allow the lawyer a chance to showcase his legal skills, knowledge, and his courtroom presence. Then he can have his attorney videos place on his Web page to market his legal practice to the public, and reach a target group of potential clients. In today's market place and bad economy the attorney can use his videos to expand his client base allowing for the attorney maintain a profitable practice.Some benefits of attorney videos are:1) Increases visibility in customer's geographic area, and area of the attorney's practice.
2) Increase credibility with current clients, and potential clients.
3) Brings qualified new clients seeking an attorney who will meet their legal needs.
4) Minimize time lost talking with people whose legal issues doesn't match the type of law the attorney handles, and clients not ready to hire the attorney.Is creating attorney videos something the attorney can do himself? Attorney videos need to be effective, and provide a positive first impression of the attorney's law firm. Plus the attorney's Web page needs to well design like the lobby in the attorney's office to convey the attorney's unique professional image to possible clients.The attorney would be wise to hire a professional video producing company who specialize in creating attorney videos. The professional should be highly experience, and showcase the attorney's image as positive, helpful, caring, and successful. It's very important that the attorney videos are effective and flexibility so the attorney can use the videos for other business applications.Some new technology that will increase the effectiveness of the attorney videos are:1) Flash which provides an element of motion and sophistication. Plus it allows for the attorney to advertise a key page, or section within the website.2) Cascading menus provide easy navigation of the website allowing the viewer to go from the home page to anywhere on the website with a simple mouse click.3) On-site search engine giving the ability for prospects and clients to search by topics without leaving the website. Plus the on-site search engine increases the website usability and provides a positive user experience.4) Streaming media (audio/video) will engage potential clients and reinforce the marketing message, and provide education, news about the firm's legal practice, and introduce the attorney giving him a personal connection with online visitors.5) Control access a security major that protects the website by requiring a password that only existing clients have or known individuals approve to access protected information. When a visitor comes to the website they must submit their name and E-mail address.

Going Legal - How to Find & Work With an Attorney For Your Small Business

Deciding Whether to Go Legal
As a former full-time practicing attorney and now a small business owner, I have been on both sides of the fence when it comes to the legal issues a business owner may face. This provides me with the distinct advantage of knowing when to call in an attorney for assistance, as opposed to using another professional, such as an accountant, financial planner, insurance agent, or business coach -- or perhaps handling the matter myself. In addition, my background helps me to select an attorney that is the best fit for the business matter at hand. Many entrepreneurs have had limited experience deciding whether a matter needs legal attention and, if so, what type of attorney to retain, how to find the best match, and how to maximize the attorney-client relationship. As an entrepreneur, it is imperative that you understand when to "go legal," and if you do, how to find and work with an attorney that is the best fit for your issue.If you are confused about whether your matter needs legal attention or whether you can handle it yourself, try researching the matter on the American Bar Association's Self-Help online center. Go to Public Resources, then Legal Help, and then Self-Help. The section is organized by state and is a user-friendly resource for determining whether a matter is complex and needs a legal expert, or whether it is something you can handle yourself.In addition, a good business coach, especially one with a legal background, is a great sounding board to assist you in determining whether an issue is truly legal in nature, and if so, which type of attorney to retain. You would be surprised how many issues appear legal in nature, but turn out to be business decisions instead. So don't be hasty when deciding whether to go legal!Not All Attorneys Are Created Equal
So, assuming you have decided to "go legal" and retain an attorney, which one are you going to call? If you broke your arm, would you make an appointment with an allergist? If you had an ear infection, would you seek the advice of a surgeon? Of course not! Yet, everyday, many entrepreneurs contact and use attorneys to handle matters for their businesses that are completely outside the realm of what that attorney specializes in. Yes, attorneys specialize.First, there is the main issue of whether your matter is civil or criminal in nature. Generally (and, thankfully!), the average legal matter an entrepreneur will face is a civil matter. Thus, you will be dealing with a civil attorney (hopefully in more ways than one). However, civil law is a huge umbrella. Typical small business matters may include incorporation, intellectual property (trademark, copyright, and patent), contract drafting and enforcement, employment or labor law issues, etc. Thus, look for an attorney that specializes in the area you need help with. Don't be tempted to use your cousin, who is a residential real estate attorney, to assist you with a complex trademark issue. While this may be tempting in terms of saving money, it may (and often does) cost you more money in the long run if the matter is not handled properly. So match the attorney to the problem, and you are on the right track.If you are unsure what type of legal issue you are even facing, speak up! Talk to a friend or business colleague that is an attorney, and ask his or her advice on the type of issue you are dealing with. You can also call the local bar association, or do some basic internet research to find out the area of law you are dealing with There are several sites that provide basic legal information for non-attorneys, such as Nola, FindLaw and at the Legal Zoom websites. This background research will arm you with enough terminology and basic knowledge to make the best match with an attorney whose legal practice covers the area of your business issue.Finding an Attorney
So, now that you know the area of law, how do you find a good lawyer that practices in that area? The same way you find any other professional to assist you with your business. Referrals from friends, family and colleagues are a fantastic way to find a reputable attorney. You can also ask your local chamber of commerce, local law school, and local and state bar associations. Still can't find an attorney that is a great match? Try Martindale-Hubbell's Lawyer Locator online at http://www.martindale.comMoney Matters
If you've never worked with an attorney before, here are some basics of the legal profession with regard to money matters. Most attorneys charge by the hour, so ask what the hourly rate is, and an estimate of how many hours the matter may take. If the matter is small, or a typical one that the attorney handles often, there may be a flat fee for the entire transaction instead of an hourly rate. Be prepared to pay a fee for the initial consultation, which is standard, but not a hard and fast rule. In some cases, the attorney may require a retainer, which is money that you provide upfront that the attorney works off of as the matter progresses.One thing to consider is that law firms are typically broken down into partners and associates. Partners are essentially co-owners of the firm, while associates are employees, albeit high level professional ones. Who demands the highest rates? Usually, the partners. Thus, ask yourself if you truly need a partner, or can an experienced associate handle the matter. Do you need the best litigator in the firm? Often times, the best litigator may be an associate that is still active in the courtroom, as opposed to a partner that may be more of a rainmaker bringing in business for the firm.In some cases, for very small matters or legal research, even a law clerk or paralegal may do. Ask who is the best match, and don't assume it is always the person whose last name is on the door.Maximizing the Attorney-Client Relationship
I cannot emphasize enough the importance of accurate, concrete, and timely record keeping and documentation when preparing to work with an attorney, and during the relationship. An attorney will need to go on a fact-finding mission in order to best represent you and your business. Help your attorney do his or her job better by coming to the table with all of your ducks in a row. Be prompt in providing requested information, as often legal timelines are at play. Honesty is also vital when working with an attorney. The best attorney-client relationships are built on mutual trust and, thus, withholding information can make or break your case. An attorney needs all of the facts in order to make tough decisions with you about the best course of action for your business matter.

Finding a Bankruptcy Attorney

If you have made the decision to file for bankruptcy, finding a Fort Worth bankruptcy attorney is the most important and first step in the filing process. It is critical to understand that not all attorneys are equally qualified. Having a knowledgeable attorney can end up saving you a lot of grief and money in the end. Take the time to research potential attorneys before choosing one. The following are four common ways to find an attorney to handle your bankruptcy case.The Yellow PagesThere are several qualified Fort Worth Bankruptcy Attorneys listed in the Yellow Pages. Pickup a phone book and search through its ads. Larger, more prominent and successful attorneys tend to boast bigger, brighter, flashier type ads. This is not to discredit those attorneys with smaller ads. However, an attorney who takes the time to invest in a little marketing is more likely a professional individual who is serious about business.InternetThe World Wide Web is an excellent tool anyone can use to find a Fort Worth bankruptcy attorney. With the help of a search engine, look for lawyers in your area. For example, you can use Google and search for "Fort Worth Bankruptcy Attorney" to find local lawyers.Ask an AttorneyIf you already have an attorney for a different matter, he or she is a great resource in the search for a bankruptcy attorney. Your attorney is likely to know a qualified colleague who would be more than happy to assist with your bankruptcy filing. Also be sure to ask what qualifying values the attorney has. How many years of experience? Does your attorney have any personal affiliations with the individual? Would your attorney utilize this person if he or she had to file bankruptcy? These are all important questions that provide you with an overall view of the bankruptcy attorney.Ask Family and FriendsPerhaps the best way to locate a bankruptcy attorney is to request referrals from friends and families. The people you know and trust may already know a perfect Fort Worth bankruptcy attorney that fits your needs. When someone suggests a specific attorney, ask him or her what makes the attorney qualified for the job? What did the referrer like or dislike about the attorney? Would this person use the attorney again if needed?Regardless of how you locate a Fort Worth Bankruptcy Attorney, take the time to learn as much as possible about the individual before ever stepping into his or her firm. You want to know what kind of lawyer and person past clients and colleagues believe this individual to be. The more you know the better.Once you have narrowed down the pool of perspective attorneys, it is time to attend a consultation or introduction meeting. Use this time to get to know the attorney. How do you feel about him or her? What is your first impression? What type of education and work experience does the attorney bring to the table? How can he or she help you in your current situation? How much are these services going to cost? Lastly, it is a great idea to interview at least two if not more prospective attorneys before deciding on a Fort Worth bankruptcy attorney.

Three Lessons on Durable Powers of Attorney

Durable Powers of attorney are an essential ingredient in a complete estate plan, which allow for continued financial management in the event of incapacity. Under a durable power of attorney, an attorney in fact makes financial decisions on behalf of the principal. The attorney in fact can be given broad and sweeping powers. Conversely, powers granted by a durable power of attorney can be limited to particular assets or powers. Accordingly, the level of control given to the attorney in fact should reflect the particular requirements of the estate as well as the principal's comfort with a broad grant of authority. In this article, the author teaches three lessons on effective execution and implementation of durable powers of attorney.  First Lesson: Why would I Need One Now? The legality of durable powers of attorney stems from the law of agency. Under agency law principals, an individual with capacity may give an agent powers-to contract, to represent the principal or to revoke or amend a trust, for instance. In the case of a non-durable power, the agency terminates upon the principal's incapacity. Durable powers survive incapacity, but the principal must have capacity at the time of execution in order to effect a valid power.   Accordingly, executing a durable power of attorney for financial management should be done prior to incapacity.Waiting until one becomes unable to coherently express one's wishes with regards to financial management decisions is too late, and a court-appointed conservatorship may become necessary. What about the successor trustee designated in my trust, or the executor of my will? Would they be able to step in? Since the principal does not die at incapacity, only an attorney in fact designated under a properly executed power of attorney may step in to make financial management decisions. A last-minute durable power of attorney executed during incapacity would not survive a court challenge, however expensive or damaging the result.Second Lesson: Consider making the Power Immediately EffectiveOften, unwary estate planners will execute "springing durable powers of attorney," which only become effective upon the incapacity of the principal. Incapacity is determined according to a test set out in the power, such as a determination made by a medical doctor or a court rendered decision. But who wants to go through the expense, difficulty, and uncertainty of initiating a legal procedure to determine incapacity? Isn't one of the goals of estate planning to prevent unnecessary expense and delay? Moreover, doctors frequently hesitate to make determinations of incapacity because of liability they may face.  In most cases, a better strategy would be to execute an immediately effective durable power of attorney, which gives an attorney in fact the power to make decisions on behalf of the principal without any finding of incapacity. Many are fearful of an immediately effective power of attorney, reasoning that no one should be given such power over their financial affairs unless they are totally incompetent. If they have such a lack of trust for the attorney in fact, why are they executing a power of attorney in the first place? One would think that even more trust would be required when the principal is incompetent and has little influence over the attorney in fact. Finally, simple measures can be taken to avoid disasters before incapacity. Consider sealing a copy of the durable power of attorney in an envelope labeled "do not open until my incapacity." In addition to oral instructions, this can help to avoid the scenario of a run-away attorney in fact who uses the power of attorney to access financial accounts before incapacity.  Third Lesson: What powers should the Attorney-in-Fact be given?The powers given to an attorney in fact depend upon the principal's desires and the particular concerns that stem from the types of assets held. The durable power of attorney should be coordinated with the will, trust and advance health care directive to ensure that they do not contradict each other. Namely, should the attorney in fact have the power to create trusts? To rescind or amend existing trusts? Should the attorney in fact have a power to make gifts to himself or to others? These powers can help ensure that preparation for long term care (medical) or tax planning can take place even after incapacity.   Before executing a power of attorney, individuals should be fully informed of the powers that they are granting, and the possible consequences of such sweeping grants of power. In all cases, it's best to consult with an attorney who can advise on specific risks.ConclusionDurable Powers of Attorney are one of the five essential documents in estate planning discussed in this article series. Unlike a will or trust, which mostly deals with decisions that are made upon one's death, the durable power of attorney deals with life-time financial management and estate planning questions. Individuals should be aware of the risk in waiting to execute the power of attorney; the hazards of "springing" powers; the range of powers that can be given to the attorney in fact; and the risks associated with a sweeping grant of authority to the attorney in fact.   --This article is intended to provide general information about estate planning strategies and should not be relied upon as a substitute for legal advice from a qualified attorney. Treasury regulations require a disclaimer that to the extent this article concerns tax matters, it is not intended to be used and cannot be used by a taxpayer for the purpose of avoiding penalties that may be imposed by law.

3 Tips on Locating a Reputable Attorney

It never ceases to amaze me how many criminal cases in Denver go to a plea bargain without an attorney. In the end usually I hear from a defendant just how unhappy they are with the process and the disposition of the case. Of course hiring an attorney was not an option because of the cost associated with hiring an attorney or lawyer, and usually I hear about their previous experience which wasn't a positive one. I think we have all hired an attorney or legal professional that just didn't seem to give the services they charged for, and that is exactly why I am writing this post.Solid legal counsel is going to cost money; there is no way around that. Having excellent representation is worth more than handling negotiations with a District Attorney yourself; I have seen this first hand, over and over again. So with that being said, how do you locate that Denver attorney or Denver lawyer that is going to both fit your budget and give you the representation that you deserve?   First, start off with the consultation. It seems to me that most people will attend one consultation and then either hire that lawyer or not hire a lawyer at all.What I have found is that attending three or maybe even four consultations is the best way to make a decision as to whether or not you will need an attorney. I have never recommended that someone not hire an attorney, but there are those rare cases where just handling the case yourself probably makes better sense. For example a simple traffic violation versus a criminal charge like domestic violence, in the case of the traffic violation, this might be a case where I would negotiate with the Denver District Attorney myself.I know you are saying, "All this goes without saying, doesn't it?" Yes it does, but I want to make certain that I am clear. For serious charges, it is rare that a defendant does not benefit from consulting with a Denver Criminal Defense Attorney. Your Denver Criminal Defense Lawyer should be able to identify important pretrial issues and explain it to you in a way that you are never out of the loop. If you feel that your attorney is proceeding without explaining the entire process to you, then it is probably time for you to find a different attorney or stop the process and make certain you are completely informed.This is why the consultation process was so important to begin with. It is never okay for you to just go with an attorney because you feel like they know what they are doing; make absolute certain that you know their experience is going to be a benefit to you. Seems to make sense while you read this, but how many times have you allowed an attorney in Denver to file a motion on your behalf without reading the motion? When you read the motion did you understand it?If you did not understand the motion, did you tell the attorney to go ahead with the motion? Make sure you ask the simple questions and understand the ramifications of your case entirely, this will prevent future disappointment. It seems that whenever I hear a defendant complaining about their attorney or lawyer, they explain that the attorney never explained the sentence to them all the way or, "I never agreed to serve four years probation but that is what I received." Had they taken the time to understand their case and just throw it in the hands of their attorney they probably would have known about their sentence and they would not be surprised with the outcome.  Be wary of entering into a retainer agreement which calls for additional payments if the case will go to trial, make certain that you nail the fees down in the beginning. I have had many experiences where attorneys have gone crazy with the retainer and it was spent in a matter of weeks. I am not suggesting that you constantly negotiate with your attorney about their fees; a good attorney is going to be expensive. I am suggesting that you not pay more than you have to. Find out what the retainer is going to cover and if that retainer is expected to take your case through trial.It is not unusual for appellate lawyers to hear clients recite that they entered into guilty pleas after they were unable to come up with necessary funds to pay their lawyers to proceed with a trial. It is your responsibility to find out how much your case is going to cost. I can already hear your attorney giving you the most common, "Well, it really depends on whether or not we go to trial, if we go to trial would there be an appeal?" When I can't seem to get a straight answer from the attorney I move on to the next, it is not unreasonable to hear an estimate of what it will cost.Of course a good attorney will inform you that they are uncertain because they do not want to be held accountable should your case cost more than originally anticipated which is completely reasonable. All we are looking for here is an estimate so that we can be prepared to go to trial if we need to.   In my experience, finding a good criminal defense lawyer in Denver can be difficult, here are some suggestions of resources I have found useful:  1.)           Referrals - If you were arrested and incarcerated, then obviously what better crowd to ask for referrals. It seems inmates always know which criminal defense attorneys are worthwhile and which are not. This is not the absolute best source for referrals, but I do find more value here than asking an attorney for a referral. I don't want to be referred to an attorney just because they played golf with the attorney I asked for the referral from. However, if you do already work with an attorney or lawyer in Denver  that you trust, than this would absolutely be an excellent place to start for a solid referral.  2.)           Courtroom Observation - Before you discount this one, stop and think. Doesn't it make sense that you would watch an attorney in the courtroom and see how they handle themselves? I have found an excellent attorney by just going to court and watching several cases.  3.)           Directories - There are several competent law directories with excellent attorneys for all different sectors of law practice. If you are going to utilize a directory to locate your attorney then it is imperative that you interview a couple of different attorneys so that you are making an informed decision. Seems to make sense right? Again, I have heard over and over again, "We went with the first attorney we met with, he/she seemed capable". Don't get lazy, talk with a couple of different attorneys and make certain that you are happy with your decision don't get lazy, talk with a couple of different attorneys and make certain that you are happy with your decision.No matter what happens you will need to deal with the consequences of the case. This is not the end all guide to hiring your Denver attorney, but a summary of some important things to consider when hiring an attorney. No matter what it is important to try and be as objective as you can and not get swallowed up with the emotions that are usually tied to a criminal case. Good advice, but usually difficult to follow. This article should not be considered legal advice and is simply a resource for those navigating their way through the many Denver Attorneys that are available.

Different Types of Power of Attorney

Although power of attorney is essentially handing control of your affairs over to another person, there are different uses of the position which vary depending on the situation. These largely depend on the reason behind power of attorney being transferred from the 'principal', the individual who wishes to relinquish control of their affairs, and the 'attorney-at-fact', the person who takes control of the principal's business and legal dealings.Non-Durable POA
Non-durable power of attorney is used for short-term transactions, which for whatever reason the principal cannot handle themselves. Any such power of attorney that is non-durable has an expiration, primarily when the principal becomes incapacitated for some reason and is no longer able to give permission for the power of attorney to continue, nor can they revoke it. Usually, non durable power of attorney is limited to a specific time frame, in which any particular deal that is needed to be completed is given time to be dealt with. When this particular instance is complete, power returns to the principal.Non-durable POA is effective immediately.Durable POA
This type of power of attorney is similar to non-durable power of attorney, only it continues in the event that the principal becomes incapacitated or mentally ill. All powers of attorney come to an end when the principal dies, but durable power of attorney continues right up to that point. Power of attorney that is durable is often used in terminally ill cases, where the principal asks their attorney-at-fact to allow any lifesaving equipment to be removed or authorize a Do Not ResuscitateDurable POA is effective immediately.Springing POA
Springing power of attorney is used in cases where the principal cannot actively give permission, either verbally or in writing, for someone to act as their attorney-at-fact. To obtain springing power of attorney, a doctor must certify that the principal is incapable of thinking for themselves and an attorney-in-fact is required. Springing power of attorney is used predominantly in cases of sudden deterioration of health, such as deterioration of a mental illness or a serious accident.These are the three main types of power of attorney, governing time and how the power is assigned. However, power of attorney does not have to be granted for all of the principal's affairs - it can sometimes only apply to one aspect, such as financial. The differences are as follows:Special or Limited POA
Predominantly used with non-durable power of attorney, special or limited power of attorney is used for specific cases. It often just applies to financial dealings or a specific property sale, and though an attorney-in-fact is appointed, they have no control over any aspect of the principal's life apart from the sector they are charged with.Any other type of POA is called General Attorney, which applies to all affairs and dealings of the principal.Health Care POA
This is a specific power of attorney that is used for those who are terminally or mentally ill, and gives the attorney-in-fact power over medical decisions but nothing more. It is similar to special attorney, though is specifically used for medicinal purposes.Disclaimer: This article is for informational and entertainment purposes only, and should not be construed as legal advice on any subject matter.

Reduce Attorney Fees - 7 Strategies That Can Save You a Bundle

No one likes to pay excessive legal fees, but few clients know the simple steps they can take to reduce attorney fees. This article contains seven strategies that can save you a bundle in attorney fees.1. Avoid Unscrupulous Attorneys. Most attorneys are dedicated professionals who take great pride in their work and serving the best interests of their clients. Unfortunately, there are some really rotten ones out there that give the legal profession a bad reputation. Before hiring an attorney, learn about their reputation in the legal community. Avoid unscrupulous attorneys who have a reputation for doing unnecessary work, transforming simple legal procedures into complex ordeals, and making every dispute exceptionally acrimonious - all designed to maximize the attorney fees.2. Understand How Attorneys Charge. Attorneys typically charge clients an hourly rate, flat fee or contingency fee. The type of case will largely determine how the attorney will charge for their services. For example, an attorney representing a personal injury victim in an auto accident case will typically charge a contingency fee (i. e., one-third of the recovery). An attorney representing an individual in a divorce or criminal proceedings may charge a flat fee. A business law attorney will charge a corporate client an hourly fee to negotiate a contractual relationship and draft the agreement.3. Initial Consultation. The initial consultation is the place to explain your legal problem to the attorney, state your desired outcome, and ask five specific questions that will help reduce attorney fees. First, what is the attorney's initial assessment of your problem? Second, what steps would the attorney recommend to achieve your desired outcome? Next, how does the attorney charge for representation in your type of case? Fourth, what action can the client take to control the cost of legal services? Finally, if you retain the lawyer, what is the next step in the process?4. Get A Second Opinion. If you are uncomfortable with one attorney's assessment of your case or have misgivings about their representation, seek a second opinion. There are many different ways to approach a legal problem. It is important that you establish a comfort zone when you retain an attorney and have confidence in their approach to your legal problem.5. Understand The Attorney-Client Agreement. The Attorney-Client Agreement is the legal contract that defines the relationship between the attorney and client including a thorough explanation of how the attorney will be compensated and charge for expenses related to your case. For example, if the Agreement states that the attorney will charge an hourly fee, understand that every minute that the attorney spends working on your case (telephone calls, reviewing letters and emails, client meetings, etc.) will later show up on your statement.6. Review Your Statement. Most attorneys prepare itemized statements that state how the attorney's time was spent and provides an explanation of the expenses. Be sure to review every statement for accuracy. If you don't understand a charge, ask for an explanation.7. Don't Be Unreasonable. Unreasonable clients should expect to charged accordingly. One of the most important ways for a client to reduce attorney fees is by making informed and reasonable decisions about the management of their case.Armed with these seven simple strategies, you'll be in a strong position to level the playing field when you hire an attorney and save a bundle on attorney fees.

Defending Against Abuse of a Power of Attorney

Attorneys will advise you that you should have a power of attorney. A Power of Attorney is an important document that allows someone else to handle your affairs if you have difficulty or are unable to do so. With age and illness, a Power of Attorney often becomes necessary. Usually the person who is given the authority to act will do so with the best of intentions. What happens, however, if the person you trust misuses the Power of Attorney for personal gain or benefit? A Power of Attorney may seem like a simple document, but it can have far-reaching and unintended consequences. A Power of Attorney can be very tempting to the person who has it.A Power of Attorney is a legal document by which a person (the "Principal") gives someone else (the "Agent" or "Attorney-in-fact") the authority to act on the Principal's behalf. If the Principal becomes ill, incapacitated or otherwise unable to handle her financial affairs, or simply chooses to let someone else do it for her, the person or persons she designated in the Power of Attorney can pay bills, deal with banks, lawyers and other professionals, and do other things that are in the best interest of the Principal.A Power of Attorney can be general, meaning that it gives the Attorney-in-fact the authority to do whatever the Principal might do for herself, or limited, meaning that it is limited in scope and/or time. For example, a Power of Attorney may be limited to one specified act or type of act, such as a limited Power of Attorney to attend a real estate closing and sign the closing documents on behalf of a buyer or seller, or it may be limited in time, such as a Power of Attorney that is effective only during the time that someone is out of the country on a trip. A Power of Attorney also may be durable, meaning that it takes effect upon its execution (or a specified date) and continues in effect even if the Principal becomes incapacitated, or springing, meaning that it only takes effect after the Principal is incapacitated (or some other definite future act or circumstance). The problem with a springing Power of Attorney is that it requires a judicial determination of incapacity for the power to take effect. This can take a considerable amount of time - plus the initiation of legal proceedings, the hiring by the Court of an independent person to interview and investigate the circumstances of the alleged incompetent, and a hearing in Court - often exactly at a most trying time when there is a need for prompt or immediate action.In New Jersey, a Power of Attorney can include provisions with respect to making health care decisions, including the power to consent to any medical care, treatment, service or procedure. A health care power of attorney is different than a "Living Will", which is a written statement of a person's health care and medical wishes, but does not appoint another person to make health care decisions.A Power of Attorney is a useful and powerful tool. Unfortunately, as with many things, something with a good purpose still can be used for improper purposes. A general Power of Attorney allows the Agent or Attorney-in-fact to do almost anything the Principal could or might do herself. As a result, it can be an invitation to abuse and self-dealing.The victim of Power of Attorney abuse often may not be aware of what is happening, or even if she is may feel powerless to say or do anything because she is dependent on the abuser for care and companionship. The nature and extent of the abuse may not come to light until after the person has died and someone else is able to obtain access to her banking and other financial records.Disputes can arise when the Agent or Attorney-in-fact has used the Power of Attorney to transfer the Principal's assets to himself or his family members. This may be done as an estate planning technique, such as making gifts to take advantage of the annual exclusion from gift taxes. On the other hand, it may be done to deprive other family members of a share of the Principal's assets that they otherwise might eventually inherit. For example, a person may wrongfully use a Power of Attorney to withdraw money from the Principal's bank accounts and deposit the money in his or own bank account. We have seen this and been involved in litigation to get the money back.Under New Jersey law, the traditional rule was that a power of attorney should not be construed to allow the Agent or Attorney-in-fact to give the Principal's assets to himself or others without clear language in the power authorizing such gifts. See Manna v. Pirozzi, 44 N.J. Super. 227 (App. Div. 1957). In 2004 in New Jersey a law was passed stating that a Power of Attorney shall not be construed to authorize the Attorney-in-fact to gratuitously transfer property of the Principal to the Attorney-in-fact or any one else except to the extent that the Power of Attorney expressly and specifically so authorizes. N.J.S.A 46:2B-8.13a. If this happens, the Superior Court, upon application of any heir or other next friend of the Principal, may require the Attorney-in-fact to render an accounting (i.e. an explanation of when and for what the money was used) if there is doubt or concern whether the Attorney-in-fact has acted within the powers delegated by the Power of Attorney for the benefit of the Principal. N.J.S.A. 46:2B-8.13(b).A Power of Attorney also may be attacked as having been procured by undue influence, or when the Principal already was incompetent and therefore legally unable to execute a Power of Attorney. This type of action is similar to a will contest in which a will is claimed to have been procured by undue influence, or in which it is claimed that the testator was of unsound mind and unable legally to make a will.

Attorney's Fees - How to Avoid Large Legal Bills

Most attorneys make a good living and they do so by charging attorney's fees. This begs the question, what exactly are attorney's fees and what should I know about attorney's fees before I hire a lawyer? This article describes the different types of attorney's fees and provides a number of tips for determining which type of attorney fee is best for you.
A Few Minutes at a Time: The Hourly Attorneys Fee

Most attorneys charge hourly rates. Hourly rates are usually calculated by tracking hours in one, six, or ten minute increments. Some attorneys may even use hour increments. The rate attorneys charge per hour varies greatly based on the location of the attorney, the type of work to be performed, and the time required. It is not uncommon for specialized attorneys to charge in excess of $600 per hour. Most attorneys charge an hourly rate closer to $300 per hour.

While hiring an attorney who charges higher hourly rates may sound ludicrous, clients should understand that a specialist may be able to perform work much faster than a non-specialist. This is especially true if the non-specialist will have to bill a significant amount of hours to get up to speed on a legal matter.

One Successful Legal Issue at a Time: The Contingent Attorneys Fee

Contingent attorney's fees are also common. These fees are based on the success of the attorney in the legal matter. They are usually calculated using a set percentage. For example, a personal injury attorney may charge a contingency fee equal to 40 percent of any lawsuit recovery. These fees can routinely range from 30 to 60 percent.

Contingency fees may encourage the attorney to use his best efforts to resolve the matter. If they extend to settlements reached before the lawsuit ends, contingency fees may also encourage the attorney to settle the matter for any amount in the beginning of the case. In this case the attorney will have performed little work and in exchange for earning a fee - albeit a smaller fee that he may have earned for putting in more effort.

One Legal Issue Regardless of Outcome: The Flat Attorneys Fee
Flat fees are less common for attorneys. These fees consist of specified payment or payments denominated in a dollar amount. These fees can vary significantly, but they should relate to the attorney's estimation of how much time the case will take plus a profit component. Thus, a matter that will probably take ten hours for an attorney whose hourly rate is $300 per hour, might be offered by the attorney at $3,500.Flat fees can help clients budget for legal costs, but they do have some drawbacks. Because they are not tied to the outcome of the case, the attorney may end up working faster and not smarter. Also, the attorney may be tempted to compartmentalize the job and charge a separate flat fee for each component. This can end up costing the client more than the contingent or hourly attorney fees they would have otherwise paid.ConclusionClients should consider these options in deciding which attorney to hire. Ultimately, it is up to the client to negotiate an attorney fee payment arrangement that they are comfortable with. Most attorneys will be receptive to this type of negotiation.

Online Attorney Directories - How to Evaluate a Legal Directory on the Internet

There are a number of websites that purport to have lawyers waiting to help. The reality is most of these websites are only attorney directories created by marketing teams who have no understanding of the law or, in many cases, who have no connection to a real lawyer or law firm.These online attorney directories often end up in the top of the search engine results. The marketing teams help ensure this happens. This leaves you, the consumer who is looking for an attorney, with the obstacle of having to evaluate the online attorney directory. Here are some tips for evaluating online lawyer directories as you search for the right lawyer.Determine whether the directory is a paid directory.Paid directories are those that require lawyers to pay a fee to be listed in the directory. Paid directories usually have the most accurate contact and practice area information. Attorneys who pay to be included in the directory have an interest in making sure their information is correct.The downside to these directories is they may have very few attorney listings. This raises the question as to what types of attorneys pay to be listed on an online legal directory. Many successful attorneys do not have to incur this expense in order to carry out their trade. Other very good attorneys do incur this expense, but most of them do not do it regularly. For example, attorneys who are just starting out, are changing practice areas, or are relocating to another state may initially use these directories as they establish their new law practices. Is this the type of lawyer you want to hire? If so, the paid legal directory may be just what you are looking for.Scrutinize free attorney directories. Not all free online lawyer directories are bad. There are some very good ones. The best online legal directories usually have some direct involvement by attorneys themselves. For example, many free online attorney directories have forums where lawyers answer free legal questions. This allows the attorneys to get the word out about their practice and their expertise, while helping point folks in the right direction.Some other free online attorney directories focus on compiling contact information for lawyers. Most of these directories compile the information without any direction or input from the lawyers who are listed in the directory. These directories stand out as they usually just provide a listing of attorneys. These directories often scrape the information off of legitimate websites with the sole aim of generating advertising dollars for themselves.A recent trend is for these websites to have an attorney profile page that can be "claimed" by the attorney. The purpose here is to bring visitors to the directory using the search engines thereby generating advertising revenues for the directory. The directory may also hope the lawyer will notice the profile and "claim" it by entering their information. Very few attorneys actually claim profiles in this manner. Indeed, many of them have to contact legal directories and ask to have their names removed from the directory. Thus, you should avoid any attorney directory that indicates attorneys should "claim" their profile.Avoid attorney rating sites.Attorneys help clients with a multitude of legal issues and the facts of each case are different. The work of attorneys cannot be boiled down to a number or other rating. These rating systems often try to gauge an attorney by the number of years the attorney has been in practice. Older is not always better. Statistics show that most complaints filed with state bar associations are filed against attorneys who have practiced a number of years. These complaints relate to failing to provide quality client service to failing to keep abreast of the law. While it is somewhat rare to see the same complaints filed against younger attorneys, this has no bearing on how the attorney is likely to handle your particular legal matter. You should avoid attorney directories that rate attorneys in this manner.Avoid the attorney directory that includes prices. Attorneys are highly regulated. The attorney professionalism rules for every state say that attorneys must charge reasonable fees. What is reasonable for a particular matter is dependent upon a great number of factors. Unless you have provided all of this information to the attorney directory, it should not quote prices. This seems like common sense, but it needs to be said. Avoid attorney directories that include pricing information.These steps should help you screen the online attorney directories you find in the search engine results.

Choosing a Medical Malpractice Attorney - How to Decide

There is a commercial on the radio which suggests you should not buy a house from a cabdriver who happens to take you past the house. The premise, of course, is that the cabdriver has little or no knowledge of the home or of you. The obvious truth of this simple message extends to almost every facet of our lives. Very few of us would hire someone for something as important as being a babysitter for our children or as relatively mundane as repairing our car without being sure that the person we hire knows what they are doing and has some positive track record that we can rely upon. With that basic premise in mind, I find myself consistently surprised at how often a person will hire an attorney to handle a medical malpractice case (as well as many other types of cases) without knowing who the attorney is; what experience they may have in the field; what their record of success in the field may be; or, where they stand in the eyes of their peers and adversaries.When a person is injured from medical malpractice, a lawsuit against a doctor or health care provider is usually the furthest thing from his or her mind. Concerns about one's health; one's ability to keep working and providing for a family; and, the ability to regain one's place as a productive member of society are among the far more pressing issues. It is typically not until these concerns have been dealt with or accepted that people even consider whether malpractice might have occurred. Unfortunately, the realization that one's life altering injury may have been preventable often adds to the difficulty of the situation.It is within this emotionally charged and upsetting context that the search for a medical malpractice attorney typically begins. Of course, most people do not know which attorneys concentrate their practice in a specific area or which attorneys happen to focus their practice on the highly technical and difficult field of medical malpractice. Most attorney advertising suggests that the attorney who paid for the ad is an expert in every area of the law including medical malpractice. With the personal stresses and without any way to separate out which attorneys truly know how to handle a medical malpractice case, many people will hire the wrong lawyer.A further part of the difficulty an injured person deals with when he or she considers a lawsuit is the perceived role of lawsuits in today's society. Lawsuits are not and should not be about a "quick buck" or holding a company up for a "pay day". The civil justice system is about accountability - about placing blame where it belongs. It is about making sure that those injured are compensated for that which they can never get back. It is about making sure that the individual, regardless of his or her financial or societal status, has the same rights as the rich and powerful. It is about assuring society that we are all equal.Not every wrong can or should be the basis of a lawsuit. There are, however, many valid reasons to bring a lawsuit. Obviously, the simplest reason is to right a wrong. There is also great benefit to others in our community and our society as a whole in that meritorious lawsuits deter similar conduct. Unfortunately, the role of lawsuits in society has been damaged considerably by media attention of a handful of lawsuits, some of which were portrayed inaccurately to fit an agenda and some of which were portrayed correctly but should never have been brought. The end result is that, for a great number of people, lawsuits are nearly the definition of what is wrong with our society today. Critics of our judicial system depict our courts as out of control, attorneys as greedy and lawsuits as damaging to the economy and society as a whole.Obviously, these are positions taken to drive an agenda. These critics do not address the accountability and equality a lawsuit can provide. They do not account for the positive societal changes the courts have engendered. They do not account for workplaces and products having been made safer by the effects of a lawsuit. They do not account for the millions of people who have been restored some of the ill-gotten gains fleeced by stockbrokers and corporations. They do not account for the many people who do not need to resort to public assistance for their health needs because a lawsuit has provided sufficient financial resources. In short, they do not account for any of the benefits to society of a lawsuit. Rather, they focus on some examples of ill-conceived or poorly prosecuted cases as representative of our system as a whole.Take a moment to consider who drives these agendas: insurance companies; big business; negligent doctors and others. We must consider, before we accept their agenda, whether they have our best interests at heart or whether their agenda is designed to avoid accountability and increase profits. There are many questions a person must ask themselves before they even consider whether to bring a lawsuit. The most important of those questions, however, is why, over the course of centuries, wars have been waged and governments toppled by people demanding the equality and justice guaranteed by our courts?A lawsuit is not appropriate in every instance but the decision to pursue this right should be an individual decision about what, under the circumstances, is right for an injured person and his or her family. The doctor whose mistake puts a child in a wheelchair for life or a young wife and mother in an early grave does not have to live with the family he or she has destroyed. The CEO whose decision to increase profit through the use of a toxic additive does not have to live in the town poisoned by that product. The insurance company accountant who refuses to pay for treatment to a seriously ill person who paid for that coverage does not have to watch the person die because they did not receive the treatment. These individuals do not have to live with the ramifications of their decisions and actions and their agenda to avoid responsibility should not drive the injured person's decision to bring a lawsuit or not.Additionally, those injured by medical negligence often consider the personal and societal impact occasioned by prosecuting a suit. Not infrequently, the injured party or their family personally likes the physician suspecting of doing them harm. Even more frequently, a person injured by a medical professional is made to feel that a lawsuit against that doctor will cause the doctor to leave practice or move to another state. These feelings are generated by a well orchestrated and well financed campaign by the medical lobby. The clearly intended purpose of their message is to prevent lawsuits through guilt and fear.It has been well documented that, not only does New York have one of the highest population of doctors in the country, but more than 50% of malpractice is caused by less than 5% of our doctors. Unfortunately, in most instances, it is the doctors who make up the 5% that orchestrate the media and political spin of the medical lobby. Rather than focusing their attention on improving the quality of care or increasing medical reimbursement rates by HMO's and the government, which would benefit all doctors and, in large part, all of society, their attention is focused on stopping those most seriously injured from seeking redress in court. Not surprisingly, such an impact only serves to aid those doctors who commit malpractice and, by and large, damages society.Once again, the decision to bring a lawsuit must be made on an individual basis. The fact that a physician, while maybe not a friend, was kindly or soft spoken as they committed an act of malpractice may be a driving factor in an individual decision. The ultimate question for the individual making the decision on whether to pursue a case against a doctor with a nice personality or demeanor is whether the wrong which was committed, although clearly unintended, is one which we would want repeated. The medical profession, by and large, does not discipline negligence. As such, the only opportunity to prevent a physician from continuing an unsafe practice or procedure is through the courts. Whether one is making this decision for oneself, a parent or a child, the issue is less about who we like and more about whether we would be comfortable knowing that someone else's child or loved one has become injured because we allowed a tailored, politically driven, highly financed and, ultimately false story about doctors leaving the state deter us from the societal good of preventing bad medicine.Having made the decision to pursue a potential lawsuit, an injured party must consider which attorney will prosecute the case on their behalf. As discussed above, choosing the right attorney should involve determining the person best suited to winning the lawsuit. Too often, the decision is made on the wrong criteria. The doctors, hospitals, insurance companies and corporate wrongdoers who have caused the injury in the first place have spent considerable time and effort to convince those injured through their negligence that all attorneys can handle any case with the same relative level of skill. They know that a lack of understanding, experience or knowledge by the attorney representing a person injured by negligence, even early in an investigation, can severely damage the ability of that attorney to successfully resolve even the most meritorious case. The standing of attorneys in society, which is generally self-inflicted, has led us to a place where an injured person frequently hires the first attorney they see; a relative; a friend; or, the guy who advertises on the television and radio. While some may be qualified to handle a malpractice case, the reality is that most will not. Needless to say, the generally poor results generated when an unqualified attorney handles a complex malpractice case, exacerbates the poor standing of attorneys in society and the willingness of litigants to feel that any attorney will do. The reality is that not all attorneys are capable of handling medical malpractice cases which are, by their very nature, complicated and difficult.When making a decision as to who will represent you, your child or your loved one, the decision needs to be based on the same criteria you would rely upon for any other difficult decision. Does the attorney have experience with this type of case? How has this attorney and his or her firm performed on other malpractice cases? What is the standing of the attorney in the community as a whole and in the smaller community of malpractice attorneys? What does the attorneys peers say about him or her? What does the attorneys adversaries say about him or her? How do you interact with the attorney? Is he or she someone you feel you can trust? Does the attorney understand the intricacies of medicine and the law as it surrounds your case? Were you directed to this attorney by someone with your best interests at heart or by an advertisement or person with their own agenda or profit motive? In short, is this person the very best person in the field to properly, professionally and successfully prosecute this case for you, your child, your parent or other loved one?The insurance companies and corporate America have carefully vetted the attorneys who want to work for them defending the lawsuits brought by people injured by their negligence. They only hire the very best attorneys with the skills to be successful, the knowledge of their subject and the experience to maximize the results for their clients. Before you hire an attorney to represent you in a complex case, you should do the same. It can be overwhelming and it can be difficult to work through the various candidates. However, the decision as to which attorney to hire is too important to leave to chance.

The Truth About the Setting of Attorney Fees

As a practical matter, the fees lawyers charge tend to vary greatly. It is hoped that the following will help the potential client make at least some sense of attorney fees and how they are set.NEVER HIRE AN ATTORNEY WITHOUT A WRITTEN FEE CONTRACT You might be surprised how many criminal defense lawyers do not provide written fee contracts. This is extremely dangerous and leads to potential problems. Often times an attorney who chooses not provide a fee agreement will tell the potential client that he will "start" the case at a very low price. Nevertheless, at every stage of the case, the attorney requires more money and threatens to withdraw from the case if he is not paid the additional sums. The result is that you can wind up paying much more than had you hired the attorney who seemed more expensive to begin with. A fee contract avoids these nasty surprises. Besides, why would any attorney not provide a written fee agreement that makes the obligations of both the attorney and the client clear?AVOID HIRING AN ATTORNEY THAT WILL ALSO POST YOUR BOND While Texas does not prohibit an attorney from posting a client's bond, many states do because of the conflict of interest that exists. The role of a bondsman is to make sure you appear in court and a bondsman has every incentive to inform the court if you are not complying with the conditions of your release. On the other hand, your attorney is supposed to be your advocate and protect you from having your bond revoked in the event you do not fully comply with your release conditions. We have also seen cases where, when a client gets behind on his legal fees, the attorney posting a client's bond threatens, and sometimes does, have the client's bond revoked as additional pressure to pay the outstanding legal fees. It should be easy to see why hiring an attorney to post your bond is rife with conflicts and should be avoided. You should hire an independent bondsman and an independent attorney.BEWARE OF LAWYERS WITH A VOLUME PRACTICE There are many lawyers out there that have a "volume" practice who offer to do cases at cut rate prices (often these cut rate prices are to "start" the case and the attorney does not provide a fee contract). Many times, the income of these lawyers is actually substantially higher than other more qualified lawyers. Here is why. Let's assume you think about hiring Attorney Smith. You found Attorney Smith in the yellow pages where he has a full page advertisement promoting low fees or Lawyer Smith has sent you, and thousand of other who had been arrested on a particular night a letter promoting his low fees. A yellow pages ad might cost Lawyer Smith $50,000 and he might spend thousands of dollars per month on mail outs. Because Attorney Smith gets so many calls from his ads and mail outs, he has to hire additional support staff to answer the phones and "screen clients" so that is more money toward overhead. Nevertheless, Attorney Smith is able to charge low fees because he has so many clients who respond to his ads and/or mail outs that he can make up for it and pay his overhead by running a volume practice. Often you will meet Attorney Smith for the first time in the courthouse when he shouts your name in the hallway. You will rarely, if ever, be able to get Attorney Smith on the phone to answer questions. If you resist pleading guilty and request a trial, many problems will arise. After all, how can Attorney Smith spend time preparing for trial and then sitting in a trial for several days? Simply put, he can't because the house of cards he has created with the volume practice will collapse if he cannot meet the dozens of other clients who have cases set on the same day. Nevertheless, don't feel sorry for Attorney Smith because he will often make much more money than the average attorney even after accounting for his high overhead. As a rough example, let's say Attorney Smith charges $2,000 per case but handles 500 cases per year. That amounts to a gross income of $1,000,000. Now, lets say another attorney who actually returns your phone calls and has time to prepare your case and represent you at trial if that is in your best interest charges $5,000 per case but handles 50 cases per year. That only amounts to a gross income of $250,000. In sum, if you have a simple case in which you know there are no legal issues to raise and you absolutely know that you do not want a trial and you are not going to want to ask your attorney many questions, it could make financial sense to hire Attorney Smith. On the other hand, if there is any chance that you want to fight your case or you think you will have questions for your lawyer, spend the extra money now or you will have to spend even more later trying to undue what Attorney Smith did, or failed to do, for you.BEWARE OF LAWYERS SIZING YOU UP Unfortunately, we have heard of many lawyers who attempt to determine how much money potential clients have and then charges them "as much money as they can afford." We often see this with some California attorneys who advertise "national practices" on the internet. While it is admirable for an attorney to reduce her rate for a client with a low income, it is disgraceful for a lawyer to charge a wealthy client more than she would ordinarily charge because the client can "afford it." Beware of lawyers who seem to be asking questions that are designed to determine your income or assets that have no relation to the charges against you.LEGAL FEES IN STATE COURT WILL DEPEND ON THE TYPE OF CASE This is probably obvious. In state court, fees will almost always depend on the seriousness and complexity of the case.LEGAL FEES IN FEDERAL COURT WILL BE SIGNIFICANTLY HIGHER There is a huge difference between state court and federal court. Almost all criminal defense lawyers are qualified to practice in state court. Nevertheless, very few criminal defense lawyers practice regularly in federal court. It is extremely dangerous to hire an attorney to represent you in a federal criminal case that does not appear regularly in federal court. Nevertheless, this means that there are very few lawyers to choose from if you are charged with a criminal offense in federal court. For example, in Dallas, there are probably less than 30 lawyers who appear regularly in federal court. Consequently, because of the limited supply, legal fees for criminal cases in federal court are often significantly higher than state court.LEGAL FEES WILL VARY BASED ON THE LAWYER'S QUALIFICATIONS Again, this should seem obvious, although it is sometimes surprising what lawyers with minimal qualifications will attempt to charge a client. Some qualifications to look for is whether a lawyer is Board Certified by the Texas Board of Legal Specialization in criminal defense attorney. Texas Board of Legal Specialization Another is whether that lawyer is AV rated (the highest rating) by Martindale-Hubbell, an independent entity that rates lawyers. Martindale-Hubbell Another is whether the lawyer has been voted a "super lawyer" by other criminal defense attorneys and how many years he or she has been voted a "super lawyer." Super LawyersFLAT FEE OR HOURLY FEE Generally criminal defense lawyers in Texas charge a "flat fee" for their representation (although they often charge a "split" fee as described below). An attorney should give you the option of paying an hourly fee, nevertheless, an hourly fee is generally more suitable for corporations that have very deep pockets. Individuals generally prefer the "flat fee" so they know in advance how much the legal representation will cost a the end of the day.SPLIT FEE FOR PLEAS AND TRIALS Mostly all criminal defense lawyers in Texas will split the flat fee between plea and trial. For example. they might say that the fee for a plea is $5,000 but if the case has to be "set for trial there will be an additional fee of $5,000.  Moreover, research has found that, in a large majority of cases, a plea offer will get appreciably better only after the case is "set" for trial. Therefore, even in cases that will not ultimately go to trial, it is often in the client's best interest to at least "set" the case for trial. We would rather charge a fee in the middle (e.g. $7,500) and this way our advice to the client is not colored by the prospect of earning additional monies based on the advice we give and the client can make the decision as to whether or not to go to trial freed from the prospect of having to pay additional monies if he decides a trial is in his best interests.CONTINGENT BONUSES We have encountered attorneys who attempt to charge a "performance bonus" if they can convince authorities not to indict the client, or if they win at trial, or if they get a case dismissed prior to trial. The Texas Lawyer Disciplinary Rules clearly prohibit such "bonuses" because they are "contingent" on a certain outcome. Texas Disciplinary Rules on Fees You would do well to avoid any attorney who does not follow the ethical rules of his or her profession.EXPENSES In many cases, it will be necessary to hire a private investigator to investigate the case. In some case, it will be necessary to hire experts to assist the attorney or to testify at trial. It varies among attorneys as to whether these expenses are included in the legal fees charged. Again, however, it is important to have a written fee agreement so that it is clear who is responsible for these additional expenses.

5 Critical Mistakes Often Made When Hiring an Attorney & How to Avoid Those Mistakes

Hiring an Attorney with Little Experience1. People often hire an attorney that has little or no experience in the area of practice in which they seek representation. A person that has used an attorney to handle one area of the law may not want to have that same lawyer handle another area of the law. Even if the past representation was excellent, that attorney may be the wrong choice for a different facet of the law. The practice of law has become increasingly specialized and there are fewer and fewer general practitioners who can effectively handle multiple practice areas. If you choose an attorney who concentrates in your particular area that you need help in, you stand a much greater chance of success. You can increase your chances of success even further if you find an attorney who not only concentrates in your particular area, but also has had a lengthy track record of experience in the particular area. There is no substitute for experience. It can take 3-5 years to become proficient in an area of practice if the attorney engages in that area consistently. For an attorney who does only one or two cases like yours per year, he likely will never become proficient in that area.Choosing an Attorney Solely On Price2. People sometimes choose an attorney solely on price. Don't let price be the determining factor when hiring an attorney. It should be one of many factors, but never the only factor. This price shopping mentality could be a very critical mistake depending upon the area of law. A quality attorney can often wind up saving a client a substantial amount of money by knowing how to properly handle a case. Saving a little money in the initial hiring process can sometimes lead to bigger losses in the long run. The old adage that you get what you pay for is often true.Now that is not to say that a less expensive attorney is always inferior or that a less expensive attorney will provide sub par representation. However, I would never hire the $99.00 attorney just because he is the cheapest. That lawyer may be less experienced. That lawyer may be able to charge less because he does less. He may not be willing to respond to your questions or attend to the details required to make your case go smoothly. Beware of lawyers who advertise a very low introductory fee and then add on for additional services that other lawyers may include in their flat fee agreements. I would also not hire an attorney who was charging an exorbitant amount as well. We live in a capitalistic society and some attorneys charge the moon and the stars for their services. The most expensive attorney is not necessarily the best. I would focus on hiring quality representation that leads to positive results. A respected attorney would deliver that benefit for a reasonable fee and would provide a written contract describing his services in an understandable form contract.Failing To Ask Critical Questions3. People don't ask critical questions at the hiring stage as to the attorney's ability, experience, knowledge and rate of success. Be prepared to ask direct questions of the prospective attorney. After all, you are the consumer and you should have a clear picture of the attorney that you are hiring. The attorney should be asked how many cases of this nature does he handle and what percentage of his practice involves this area? Will he personally oversee the case or just delegate it to an associate or legal assistant? Will he be available for ongoing questions either in person or on the telephone? How many years has the attorney been engaged in the particular area and what is his success rate? Can he provide any names of satisfied clients? Does the attorney take ongoing legal education training in the particular area? Is he a member of any local, state or national organizations that relate to the particular area? What is his reputation like among his peers? Would he be able to provide any references? Does he have any published works on the subject or has he prepared any helpful educational material on the subject that you can review? These are just some of the questions that should be asked at the initial interview stage. Your legal situation is of great importance in your life. Take the time to ask the prospective attorney some uncomfortable questions. The answers will be very telling. You will know within minutes whether or not you are meeting with a qualified attorney who is right for you.Don't Overpay In Return For Inferior Service4. Overpaying for inferior service. Lawyers are in the service business. If they are not providing excellent client services then they are not worth hiring. The client should have great access to the attorney and to their personal file information. Some attorneys charge a high premium yet provide very poor service. Some attorneys restrict access by limiting the times, days and hours that file information can be obtained. Make sure that you will be treated with respect at all times. And that means having your questions answered or telephone calls returned within a reasonable period of time. Make sure that the attorney or law firm that you hire values you as a client and that you are not perceived as just another number. Will you receive friendly treatment from the attorney and the staff? These are factors that you should greatly consider when choosing an attorney. When you meet with an attorney for the first time at his office, evaluate the service factor of both the attorney and the staff. Is this a place that you would feel comfortable dealing with for weeks or months? What does your gut say with regard to the services being provided?Not Checking the Attorney's Status and References5. Not checking the attorney's status with the licensing board and not checking with any references if they were provided is the final critical mistake to avoid. Wouldn't you like to know if the attorney that you are interested in hiring is listed in good standing? What if there were outstanding complaints against that attorney for neglect or worse? These are issues that would certainly affect your hiring decision if you were aware of them. Also, did you check with any of the references that were provided? Did you call every one of the names provided to see if they would highly recommend the attorney? Was their case even remotely similar or in the same area of law as yours? Have them point out at least one weakness in the attorney's representation or at least one area that could use improvement. A little effort at the outset of your case by way of research can make a world of difference in your choice of attorneys.

The Top 11 Reasons Most Attorneys Don't Do Marketing

1. Attorneys are trained skeptics.Marketing requires faith and patience. Attorneys like to prod and poke a marketing effort until they can prove to their great satisfaction that there is no way it can work.-----------------------------------------------------------------------------2. Attorneys love to argue.Most lawyers are smart. When it comes to embarking on unfamiliar enterprises, like marketing, they find it difficult to "be stupid" and benefit from the wisdom and experience of other experts.-----------------------------------------------------------------------------3. Attorneys are risk-averse.The most prudent (and safest!) advice attorneys give is, "Don't do it!" They live in a universe where mistakes result in liability, malpractice and large judgments. In marketing, mistakes are a necessary part of growth. Taking and managing risk are essential elements of marketing and growth. Attorneys like contracts and guarantees.-----------------------------------------------------------------------------4. Attorneys often know little about business.Law school offered no courses on being business-owners. Any high school business student knows that marketing is an important and mandatory part of any business. This comes as a shock to attorneys who often conceive of themselves as belonging to some sort of 19th century guild. Attorneys were educated in an anti-marketing culture. They learned that they were in a "profession" where refi ned ladies and gentlemen did not make unseemly efforts to secure business. Such people were "ambulance chasers." (The practice of law is a profession, but that practice takes place within a business entity called "a law fi rm" - subject to the laws of economics as any other business).-----------------------------------------------------------------------------5. Attorneys fixate on costs.Most attorneys hate it when a prospective client plops themselves down in the lawyer's offi ce and starts with "What's all this going to cost?" Yet, that is the first question the attorney asks about marketing. Focusing on costs causes paralysis. Owners of law firms must focus on revenue generation and driving the top line.-----------------------------------------------------------------------------6. Attorneys like to dither.High "fact-finders" on the Kolbe Index, they like to analyze things. They want to do extensive due diligence. They want to consult with all their colleagues. They enjoy thinking about action more than taking action, with its attendant risks. But action conquers fear. Life rewards action and punishes inaction. Fortune favors the bold.-----------------------------------------------------------------------------8. Attorneys lack perseverance.If attorneys do get around to trying some form of marketing,
any bump on the road will throw them off. And there are always bumps in the road. Attorneys get excited about a new marketing program, and throw themselves into it passionately. Then after 45 days or so, life happens. A big case blows up. One of the kids gets sick. A check doesn't come in. The marketing didn't produce instant riches. The attorney decides he or she made a big mistake and gives up.-----------------------------------------------------------------------------9. Attorneys are uncomfortable with the idea of making money.Most attorneys are motivated by a desire to serve people. Most subscribe to some form of the Judeo Christian ethic which is full of mixed messages about the pursuit of wealth. Most are conflicted, if not filled with guilt, about the profi t motive. Many secretly think that what they do is not worth the fee they charge, since it does not involve hours of hard, physical labor. These attorneys might be more motivated if they were to think about marketing and growth as "being able to serve the greatest number of people" rather than "making more money" or "being more successful."-----------------------------------------------------------------------------10. Attorneys define themselves as attorneys -- not as owners of a law firm.This is the single most important error, and it is a contributing factor in all the others listed here. Attorneys do not understand that these are two completely different roles that require two completely different mind-sets and two completely different sets of skills. What attorneys believe to be their greatest asset (their skill at practicing law) is actually their greatest liability. They are too busy working in their business to work on it. In order to grow a practice and succeed, it is necessary for attorneys to conceive of themselves first and foremost as the owner of a business called a law firm, and only secondarily (if at all) as a practicing attorney.-----------------------------------------------------------------------------11. Attorneys are obsessed with what other attorneys think of them.In no other business does the owner worry about how competitors esteem him or her. Attorneys are often afraid to make the slightest marketing effort for fear of being thought to be "undignified" or "overly aggressive." Let me assure you that the owner of a lamp store does not care what the owner of the competing lamp store thinks -- about anything.

Does Having an Attorney Determine Whether You Win or Lose Your Social Security Disability Case?

Did you know you can increase your odds of winning your Social Security (SSA) Disability case by more than 50% if you are represented by an attorney? Simply put, that's a dramatic difference and one that every Social Security disability applicant should heed.Congressional and SSA's own statistics confirm this statement is true. The statistic came to light in November 2001, during Congressional testimony provided by Congressman Robert T. Matsui of California. During the hearing Congressman Matsui provided the following testimony:"Professional representation is a valuable-and indeed vital-service. The disability determination process is complex. Claimants without professional representation appear to be far less likely to receive the benefits to which they are entitled. For example, in 2000, 64% of claimants represented by an attorney, but only 40% of those without one, were awarded benefits at the hearing level."[1]At the same hearing, Congressman E. Clay Shaw, Jr. of Florida provided the following testimony:"As many of you know, filing for Social Security benefits-especially disability benefits-is so complicated that many claimants must hire attorneys to guide them through the process." [2]Please understand I am not suggesting that you must have an attorney in order to win your disability case. People can and do win their cases on their own. In fact, SSA does not require you to have an attorney, you can represent yourself; but why on earth would you? Congressional and SSA's own statistics show dramatic differences in the outcomes of cases depending on whether an attorney is involved.I have debated for years on whether to write an article on why one should hire a disability attorney. I did not want the article to be viewed as self-serving for either myself or my profession. I am aware of the unfortunate stature attorneys hold in our society, some of which is deserved. I always enjoy the look in a person's eyes when they learn I am an attorney; it is clear they are searching their mind to share the latest attorney joke...and most are very funny!However, the testimony of Congressmen Matsui and Shaw confirms what SSA and many disability attorneys have known for years. With such a compelling statistic, it is my hope this article is viewed as educational, rather than self-serving.So you know the difference a disability attorney can make in your case...what can do you do about it? For those of you who are now considering hiring an attorney, let me provide you with some basic information to assist you in your decision.1. You only pay an Attorney's fee if you win your Case!The number one question on people's minds is, "How can I afford an attorney when I am not working?" The answer is simple...you only pay the attorney a fee if you win your case. You do not pay an attorney upfront. Generally, every disability attorney will represent you on a contingency fee basis. Simply put, this means you do not pay an attorney's fee unless you win your case. Thus, everyone seeking disability benefits can afford an attorney. The question you should be asking yourself is "can I afford not to be represented by an attorney?"2. General information regarding the attorney's feesThe SSA and federal law set the attorney's fees in disability cases. The standard fee agreement most attorneys use states the attorney's fee is contingent upon winning your case. The fee is 25% of all past due benefits for you and your family, up to a maximum of $5,300, or whichever is less. Some attorneys may use a fee agreement which provides for a maximum fee of $7,000.It is worth noting that on February 1, 2002, SSA increased the maximum standard fee amount to $5,300 from $4,000. This is the first time the fee has been increased since 1990 and simply represented a cost of living adjustment.Thus, the attorney's fees are usually only a fraction of the benefits you receive; depending on the amount of your past due benefits, it can be a very small fraction.3. What is my case worth if I win?The answer to this question depends on a number of factors including...how long you have been disabled, when or if you will ever return to work, the amount of your monthly benefit and whether you have eligible dependents.For example, if you are 45 years old, your monthly benefit amount is $1,000, and you do not return to work before age 65; your case can easily be worth $250,000! This amount does not include the value of the Medicare or Medicaid insurance you will be eligible for after being found disabled. As many of you know, the price of medical insurance in middle age, with pre-existing medical conditions, can be staggering and not affordable. This of course assumes that an insurance company is willing to insure you.4. Why you increase your odds of winning your case if you hire a Disability AttorneyThere are many reasons hiring an attorney can significantly increase the odds of winning your case. One significant reason is that disability attorneys understand the complicated laws and regulations that determine success or failure. Two questions I always ask potential clients are, "Do you know what you need to prove in order to win your case?" and "If you do not know, how are you going to go about proving it?You should hire an attorney who specializes in Social Security disability law. Furthermore, I believe it is important to hire an attorney who has expertise in representing people with your type of diagnosis. It is important that your attorney believes in your case and that they can win it. I suggest you ask the attorney how much experience they have with your type of diagnosis and how often do they win? Any disability attorney should be willing to provide you with this information.5. What an Attorney should do to increase the odds of winning your caseFrom the beginning, the attorney should set forth a strategy that you both of you should follow to win your case. It is critical to understand what is necessary to prove your case and how you will go about winning it. The sooner you know this, the sooner you can take steps to execute the strategy and thereby increase your odds of winning. Thus, you should consult with and hire an attorney either when you file your claim or as soon thereafter as possible.Based on my experience in representing clients nationwide (remember Social Security is federal law and not state specific); literally none of them had a strategy or plan on how to win their case before they hired me. This is important because most of them were simply "doing whatever SSA told them to do" while their claim was being processed. This included seeing SSA's doctors for an examination that often results in a denial of their claim.It is important to understand that SSA is only obligated to investigate your case and is not charged with approving it. I am not suggesting that SSA denies every claim; I'm simply stating that my experience after having successfully represented many clients whose claims were previously denied by SSA because evidence was not obtained, not reviewed or SSA focused on what it wanted to in order to support a denial.In conclusion, if you are contemplating filing a claim for SSA Disability benefits, I encourage you to consult with an attorney as soon as possible to help you understand the process. The consultation should not cost you anything except your time. By understanding the process and having a strategy, you will significantly increase your odds of winning your case.Congressional and Social Security's statistics do not lie - it is penny wise and pound foolish not to hire a disability attorney.[1] November 16, 2001 CONGRESSIONAL RECORD, Testimony of Honorable Robert T. Matsui of California, regarding the Attorney Fee Payment System Improvement Act 2001.[2] November 16, 2001 CONGRESSIONAL RECORD, Testimony of Honorable E. Clay Shaw of Florida, regarding the Attorney Fee Payment System Improvement Act 2001.