Suing Your Lawyer for Malpractice -114

When a lawyer screws up, you may want to sue him, but proving malpractice isn't easy.

When you reach the point of needing an attorney's expertise, it usually means that some situation -- whether at work, in the neighborhood, with the family, or elsewhere -- has gotten too complex to resolve on your own. You turn to a lawyer and trust she will help. But what do you do when the lawyer makes things worse instead of better? If you've lost confidence in your attorney and are considering suing for malpractice, here are some things you should know.

Proving Malpractice Isn't Easy

If your attorney made serious errors, you may consider suing the lawyer for malpractice. Unfortunately, it is very hard to win a malpractice case. Malpractice means that the lawyer failed to use the ordinary skill and care that would be used by other lawyers in handling a similar problem or case under similar circumstances. In other words, it's not malpractice just because your lawyer lost your case.

To win a malpractice case against an attorney, you must prove four basic things:

• duty -- that the attorney owed you a duty to act properly
• breach -- that the attorney breached the duty: she was negligent, she made a mistake, or she did not do what she agreed to do
• causation -- that this conduct hurt you financially, and
• damages -- that you suffered financial losses as a result.

In practical terms, to win a malpractice case, you must first prove that your attorney made errors in how she handled your case. Then you must show that you would have won the underlying case that the lawyer mishandled. (This second part is not required in Ohio.) Finally, you will have to show that if you had won the underlying case, you would have been able to collect from the defendant.

Example: Dorian is hit by a car while he is walking across the street. He hires a lawyer who doesn't file the lawsuit on time. As a result, the judge tosses out Dorian's case and he is unable to refile it. Dorian sues his lawyer for malpractice. He can prove duty (he signed a representation agreement with the lawyer). He can prove breach (the lawyer failed to file the lawsuit within the proper time). He can prove causation (witnesses and a police report attest to the driver's liability). However, to prove that the lawyer's misconduct harmed him financially, Dorian also must show that the driver had money or insurance so that Dorian could have collected the judgment if he'd won.

When Is a Bad Job Malpractice?

Here are some common complaints that clients have about their lawyers, along with an analysis of whether the lawyer's action (or inaction, as the case may be) constitutes malpractice. (For more tips on dealing with a deadbeat attorney, read What to Do When You're Mad at Your Lawyer.)

Your lawyer stops working on your case. The longer your attorney ignores you and your case, the more likely it is to amount to malpractice. You must act quickly to see that your case is properly handled and get another lawyer if necessary. Writing or faxing a letter expressing your concerns and asking for a meeting is a good first step.

Your case is thrown out of court because your lawyer did no work. This may be malpractice. Your difficulty will be in proving not only that your lawyer mishandled the case, but that if handled correctly, you could have won and collected a judgment. If you are successful and obtain a judgment against your lawyer, then the lawyer is responsible for whatever money you could have won had the case been properly handled.

Your lawyer recommends a settlement for far less money than she originally estimated your case was worth. This is not malpractice. Your lawyer may have given you an inflated estimate of the value of your case to encourage you to hire her.

Get your file from your lawyer and get a second opinion on your case. If another reputable lawyer believes you are being advised to settle for too little, consider changing lawyers.

Your lawyer settles your case without your authorization. This is malpractice, because a lawyer may not agree to a settlement without the client's approval. To succeed in a malpractice case, however, you will have to prove that the settlement your lawyer entered into was for less than your case was worth.

You see your lawyer socializing with the lawyer for your opponent. This is not malpractice or a breach of attorney ethics. There is nothing ethically wrong with opposing attorneys playing tennis, bridge, or golf, or enjoying other common social interactions.

If the opposing attorneys talk about your case (on the tennis court or anywhere else), however, and your lawyer lets slip something that you said in confidence, that would be a clear violation of your attorney's duty to you.

You suspect that your lawyer has misused money you paid as a retainer. Stealing a client's money is malpractice, because your lawyer has a duty to use your funds only for your case.

If you seriously suspect your lawyer has misused any money he holds for you in trust, complain to your state's attorney regulatory agency right away. Although regulation of lawyers is lax in most states, complaints about stealing clients' money are almost always taken seriously, so you should get a prompt response. All states, except Maine, New Mexico and Tennessee, have funds to reimburse clients when lawyers are caught stealing.

If your complaint to the state attorney regulatory agency is unsuccessful, you may also consider suing the lawyer for malpractice in order to get the money back.

For more information on suing a lawyer for malpractice, see Nolo's Encyclopedia of Everyday Law: Answers to Your Most Frequently Asked Legal Questions, by Shae Irving and the editors of Nolo (Nolo).

Source: http://www.nolo.com/legal-encyclopedia/suing-lawyer-malpractice-30192.html

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I Don’t Get the FAIL Generation of Lawyers -114

I’m a partner in a small firm. We just hired two new associates after a long hiring process. We vetted the hires, checked references, did a good job. We made good decisions. And yet, I just don’t get these kids. Smart, talented, and committed—and yet so inscrutable. Seriously. When discussing legal matters, the new associates—a man and a young woman—are fine, though very green. When discussing anything else outside of the law, and especially when around each other or other new lawyers, it’s as if I’m a lawyer from another planet. I don’t get them. At all. There’s no positives, no happiness, no future really—they seem to revel in watching others fail. It’s all about FAIL. Everything is about FAIL. They revel in FAIL. Honestly, their humor and approach—and they’ve passed around emails to me on occasion proving this—is about the latest FAIL. It’s obnoxious. It drives me nuts.

I try to talk with them, ask questions about what the hell they are talking about half the time. I even read the FAIL blog, but it just depresses me. Who needs more FAIL? And when I try to understand them, I honestly feel like an anthropologist asking questions of the natives. Except I should be the native here, I’m the experienced lawyer. At 52, am I an old man? Thoughts? Is the profession doomed? Oh, and don’t get me started on Facebook and the Twitter.

AWTF? What do you want to do, sit around a conference room and act giddy with the kids? Or practice law? You’re a practicing lawyer. Practice. Let the kids be kids, but obviously hold them to high profesional and ethical standards. Ban Facebook in the office? Useless, as you’ll also need to ban smartphones. But be a mentor to what’s appropriate and what’s not and put their feet to the fire to perform like attorneys. Or fire them.

These “kids,” with JD degrees and likely $100,000 in debt, are green and have no real financial or professional power—except maybe to be obnoxious. Maybe that’s the FAIL generation. But so long as they are obnoxious outside of the law or among their own tribe, what’s the problem? Or, if you want options, here’s what I see:

1. Adopt an Old Codger Gestalt. Seriously, try to be like them and you’ll be the office’s old codger in less than a week. FAIL.
2. Have a Mid-Life Crisis. Why not? Obviously what’s unsaid in your question is a gnawing feeling that you are “getting up there” and don’t have all the obnoxious freedom you think you used to have. So, have an affair, buy an expensive Porsche, wear cologne, eschew socks with your loafers. FAIL.
3. Practice Law. Isn’t that what you’re supposed to do? Better yet, if you think long term, trust the new associates with building your business on their own terms, so long as you provide the guidance. At least be open to that, because the Rotary or BNI or whatever you do for yourself probably does not work for them. Let them figure it out, so long as they practice good law. And that means actually practicing. That’s the bottom line.

Guess which one I’d pick?

Source: http://www.bitterlawyer.com/i-dont-get-the-fail-generation-of-lawyers/

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Failed by the lawyer -114

The judicial system is looking the other way as unscrupulous professional behaviour by advocates is causing distress to litigants and affecting their cases

Lawyers have an illustrious pedigree in India to emulate. Nehru, Ambedkar, and many of the country’s most pre-eminent leaders were trained as lawyers. Yet today, ask a typical litigant what he thinks of the profession and he is likely to regale you with stories of being tied up in court for years and facing unscrupulousness and exasperation.

The plot lines of these stories become predictably repetitive. Lawyers do not show up at scheduled hearings. When they do appear, they are often not prepared. Litigants complain that their lawyers do not keep them informed about their case and that they are charged for hearings where nothing of substance happens.

Double fees

Ironically, complaints become even more pronounced about high-profile lawyers who commonly overbook their schedules, expecting everyone else to be accommodative. A prestigious law firm employs an associate to follow a well-known senior advocate at the Supreme Court to try to ensure that the senior turns up for scheduled hearings of their client. Double fees have reportedly become accepted practice among many of the biggest names in litigation — one fee to argue a case, another fee to guarantee they will actually show up.

The cost of such behaviour is high not just to clients, but for everyone. When a hearing is rescheduled to accommodate a lawyer, the other side still has to pay its counsel. The public has to pay for the courtroom and the judge. With so much time being wasted, cases take longer, a backlog ensues, and economic efficiency and justice suffer.

Fears

The poor are in the worst position to navigate this mess. Take the example of a single mother who was acquitted by a Delhi court earlier this year. She had been detained by the police in 2009 when they (mistakenly) thought she was connected to accused drug dealers in her neighbourhood. With the money she had, she hired a popular, if modestly priced, private lawyer. The lawyer kept missing hearings, which meant that the judge could not decide her case. Frustrated by these delays, distraught from being separated from her epileptic daughter, and unable to get in touch with her lawyer, she sank into depression in jail and attempted suicide. She survived and was eventually freed, albeit traumatised by the four year ordeal.

Why is such behaviour by lawyers tolerated? In private, judges will admit that it is difficult for them to discipline members of the bar. Although lawyers may make their arguments to judges in grovelling terms, it is the lawyers who often have the power in the relationship. Judges fear that if they try to discipline lawyers in their courtroom they will be spoken ill of by the bar: a powerful constituency which could impact their chances of a promotion or post-retirement appointments.

Others fear the possibility of lawyers boycotting the courtroom. Still others think it is simply not worth the trouble of going against a group of which they were once a part of.

Independent boards

Meanwhile, the Bar Council of India has done far too little to rein in errant advocates. Although the Bar Council releases no publicly available annual report, in the little information that is available for 2010-11 their disciplinary committee reportedly suspended only 14 members of the bar in the entire country (by comparison, about 800 lawyers are disbarred and 3,000 suspended each year in the United States).

Part of the problem is that lawyers in India largely police themselves, creating few incentives for them to vigorously enforce high standards. India might learn from the experiences of the United Kingdom or Australia where independent boards, which include non-lawyers, now oversee the profession and attempt to put litigants’ interests first.

Beyond restructuring and reinvigorating the means through which lawyers are disciplined, other steps are needed to curb lawyer misbehaviour. A litigant bill of rights should be widely publicised informing litigants of what to expect from their lawyer and what redress they have available if mistreated. For example, when litigants try to switch advocates, many find their original lawyer refuses to give them back the files related to their case, making it all but impossible to go to a new counsel. Such self-serving tactics should be swiftly punished.

Allow advertising

Given the opacity of the judicial system, most litigants find lawyers through personal contacts. As a result, their choice is often based on anecdotes and misunderstandings about what they really need. To help litigants better choose their lawyer, the Bar Council should consider repealing the current ban on advertising for legal services and allow carefully restricted advertising to provide better information to litigants about their options. Similarly, the judiciary could help the public better compare lawyer performance by creating a type of lawyer report card that would detail how often a lawyer missed a hearing or was so unprepared that a hearing needed to be rescheduled.

The legal profession rightly values its independence, but when it fails to self-regulate it makes itself vulnerable to government interference and public condemnation. Many honest and industrious lawyers lament the unprincipled practices of their peers and the time they end up wasting in undisciplined court rooms. It is time for everyone — the bar, the bench, the government, and the public — to demand more from the profession.

(Nick Robinson is a Fellow at Harvard Law School’s Program on the Legal Profession and a Visiting Fellow at the Centre for Policy Research, New Delhi.)

Source: http://www.thehindu.com/opinion/op-ed/failed-by-the-lawyer/article4885640.ece

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Help For Dealing With Personal Injury And The Law -114

TIP! You want a retainer agreement if you require the services of an attorney. This helps you know ahead of time what representation will cost you.

Taking legal action is a good option if a personal injury has significantly impacted your life. Every day, there are personal injury cases. If you are injured, there is a possibility that you are owed some form of compensation. The tips below should offer some insight into your situation.

TIP! You need to provide your attorney with a detailed account of all the injuries that you sustained. Don’t overlook even minor injuries, like cuts and scrapes.

You wouldn’t hire an electrician to fix your leaky toilet, so why would you hire anything other than a personal injury lawyer to fight your case? This can be an obvious thing, but a lot of people think that a lawyer just means a regular lawyer. Your best bet is an attorney who specializes in personal injury, preferably with experience in cases similar to your own. If you don’t do this, you will be at a disadvantage.

TIP! If you fall victim to an injury, seek prompt medical attention. In fact, there are times when injuries won’t be felt until after a couple of days.

Let your doctor know that you are taking legal action for your personal injury. Your doctor will be able to provide you with detailed reports on your injuries and help you assess how your personal injuries have impacted different aspects of your life.

TIP! Do sufficient research following your accident and prior to hiring a lawyer that specializes in injury law. Different types of lawyers are good at different things and have varied experiences.

If you slipped and fell in a store or a restaurant, you might be able to get a settlement for personal injury. If the establishment didn’t clean up a mess or could’ve prevented the accident, and you suffered physically from this, you can legally sue.

TIP! If you slip and fall and get an injury, after you call for medical attention, you should gather evidence when someone else could be to blame. You can take pictures of where the accident occurred, as well as gather the contact information of anyone who witnessed it.

Insurance can be complicated, so you need to familiarize yourself with how it works. You will overcome hurdles with the right knowledge at hand. When you can’t handle this process alone, hire a lawyer.

TIP! Has your lawyer had trial experience? He may be great at settlements, so good he’s never been to court! Before deciding on a lawyer, make sure you know. This data will help you select the best candidate.

Make sure you have photos if your injuries are physically visible. You need these pictures to show the severity of your injuries. It may even help decide how much you are awarded for pain and suffering.

TIP! Those “as seen on TV” lawyers might intrigue you, but you should avoid hiring this type of lawyer. This can be a very big mistake for you.

Your state’s Attorney Bar Association is a great place to find a personal injury attorney. The Bar can give you good local recommendations and help you verify each lawyer’s good record before you contact potential lawyers.

TIP! Be sure to document every instance where your injury has led to less money in your pocket. Include all doctor visits, any damage to your property, time spent off of work and any other financial outlay.

Preexisting conditions do not necessarily rule out your ability to win a damage award. Just be honest about any injuries from before the accident. You don’t want them to get blindsided with this information once the trial starts.

TIP! Behave in a professional manner in all your dealings with opposing parties, whether you are in court or not. Your behavior, while not relevant in many cases, can do wonders in putting the judge and jury in your corner.

Ask your personal injury attorney if it is advisable to settle out of court. This will cut down on the stress you must experience and can also limit your legal fees.

TIP! Assist your lawyer in finding holes in the other party’s story when dealing with a court case. The easiest way to get what you want from your personal injury case is to prove that the defendants are being dishonest intentionally.

Your medical bills and other expenditures can be paid for thanks to a personal injury claim. This is money you deserve thanks to negligence. You must hold the careless party responsible, and receive the compensation you deserve by following the tips presented here.

Source: http://thelawyersource.com/category/personal-injury-and-your-rights/

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Why Don’t Experts Share The Personal Injury Legal Advice In This Article? -114

TIP! Talk with a personal injury lawyer so that you can see if your dispute can be settled outside of court. This will keep you out of court and get you money quickly.

No one can ultimately guarantee the outcome of any court case, but it helps to have in-depth knowledge pertaining to the subject at hand. Go over this article to learn more about personal injuries and legal procedures. Don’t take any chances with winning your personal injury lawsuit.

TIP! Prepare yourself ahead of meeting with any lawyers. This is particularly critical if the lawyer takes cases on contingency.

Always keep a professional and positive manner when you deal with the opposite side, in or outside of court. The way you behave, whether relevant or not, can greatly influence the judge or jury’s opinion. Therefore, you need to ensure you control your emotions and remain professional so that your chances of winning are maximized.

Personal Injury

TIP! Winning a personal injury case is not easy. This means that you should hire a lawyer that knows what they’re doing.

Talk to any potential personal injury attorney about their trial experience. Although lots of lawyers are very skilled at receiving fair settlements, not all of them are truly experienced in personal injury. Therefore, if things got serious in court, they might not know how to properly handle it. Do not hire a lawyer before you know more about their past experiences. This data will help you select the best candidate.

TIP! Talk to your insurance company to make sure you are covered for the accident you were involved in. You may discover that your policy will pay for medical bills and, if applicable, vehicle damage, although it wasn’t your fault.

Avoid hiring the first lawyer you meet with. Spend a few days consulting with other prospective lawyers before making a commitment. Some personal injury attorneys will offer a free first consultation. During these consultations, you can find out about any costs that you can expect, which can help you avoid someone with lots of extra fees or someone that overcharges.

Your attorney will try to get the most money for you. At the same time, you may end up paying a considerable percentage of your award to your lawyer.

TIP! Do not commit to a settlement until you are done with medical treatment. You might be tempted to accept some quick cash, but don’t do it unless everything’s been resolved.

If you fall in a public place like a bank or grocery store, you might be able to sue for your injuries. If the injury could have been prevented, then it is possible to sue the business.

TIP! Just because you have an attorney working on your personal injury case, this will not guarantee you a settlement right away. It can be a long and drawn out process that requires lots of patience.

Even though you have no guarantee that you will win your case, having an excellent lawyer that can sure help. Always follow your lawyer’s advice. That’s what you are paying him for. Sometimes it can feel tedious, but at the end, it will be worth it.

Source: http://thelawyersource.com/category/personal-injury-and-your-rights/

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Tips And Tricks For Winning A Personal Injury Case -114

TIP! Winning a personal injury case is not easy. That means you should only use an experienced lawyer.

You must have a good case and a good lawyer to win your case in court. You want to ensure you have the best chance of winning; therefore, you need to start preparing right now. For more advice and insight into personal injury issues, read on.


Make sure that you provide thorough details of your accident when you’re recounting your ordeal in writing. Whether you have a minor injury or a major one, you will need to explain the issues in great detail. Remember to add anything such as bumps or bruises that may appear later on. Remember also to include mental problems that may emerge down the road, such as a fear of driving.
TIP! If you know any family members or coworkers who have been involved in a personal injury case, ask them for a recommendation. When you take these steps, you increase the chances of hiring a quality lawyer that will help get you the results you want.
You should meet with more than one lawyer before you decide which one you want to hire. The first consultation is often free. At these consultations, you can ask about costs and figure out if they are someone that overcharges or adds extra fees.
TIP! Check out your prospective attorney at the Bar Association. You can find listings of lawyers in your area, as well as any issues those lawyers might have.
Start a file of all hospital and doctor records your receive concerning your injury. Make sure you have receipts from medical visits and medical supplies you purchased, care instructions, and doctor notes. Also be sure to keep copies of emails that your doctor may have sent you about your injury.
TIP! Find the best personal injury lawyers through the web. That allows you to create a good list.
You should be careful and document everything when dealing with your insurance agent. In a normal personal injury case, you will probably be dealing with an insurance company. The company’s goal is reduce costs as much as possible. This means settling quickly at a low amount. You may think about getting advice from a lawyer prior to accepting what an insurance agency is offering you.
TIP! You may not have to contact a lawyer because you’re only in a little bit of pain following an accident. Some pain and suffering is normal after an accident.
You needn’t call your lawyer simply because you have a little discomfort after an accident. It may be something normal and insignificant that will pass. If, however, you feel this pain will not stop after a few days, you will need the help of a good lawyer.
TIP! Always keep doctor’s appointments and be sure they are documented when you have a personal injury suit pending. You need to prove that you’re giving it your best shot in order to be honest and win your case.
If it is possible, keep your vehicle in the exact position it is in if you were in an accident. This can sometimes make damage worse, and reduce the liability of the other involved party. One exception would be in cases where the car is sitting in a busy intersection.
TIP! Do not wait to take legal action after you receive an injury. Sometimes, you only have a certain about of time to file a suit.
You should not give any details about your personal injuries to anyone before hiring a reliable lawyer and deciding on the best strategy to win your case. Your statements can be used against you at trial. Let your lawyer handle any communication that is necessary.
TIP! If you have a consultation with a lawyer you’re thinking of hiring, you must make sure that you take copies of documentation that are needed to make your case. You will need your insurance documents, income loss statements, medical bills, or any other necessary correspondence.
Keep meticulous records about expenses that occur due to your personal injury. This includes damages to your property, medical expenses and income lost at work. You will need proof that this happened if you need to go to court. If this information isn’t provided then you won’t have it as a part of your case.
TIP! An attorney should be contacted if you’re going to pursue a personal injury case. You have to be quick.
You should seek medical attention as soon as you have been hurt. You need to get a medical report right away and begin your treatment immediately to make your recovery easier. These types of records help you win your case, and without them, you don’t win.
TIP! Lots of people deal with back pain. If the pain was caused by no fault of your own it can be frustrating.

Personal Injury

TIP! Ask your attorney about his track record. Learn how many cases he has taken that are similar to yours, and find out whether he won, lost, or settled them outside of court.

You do not have to hire the first lawyer you come across. Searching for a good personal injury attorney is similar to searching for a brand new car. New personal injury firms crop up all the time, and the ones that used to be good may not be on the radar now.

TIP! Sometimes, it could be easy to find where you’re feeling the pain. If you strain yourself more than usual, you’ll be in even more pain the next day.

Speak with a personal injury attorney and see if they have any referrals. References can tell you a lot about a lawyer and his work ethic. Consider it a red flag if the lawyer you are considering won’t provide you with references. You would be better off looking elsewhere for an attorney.

TIP! Be certain to keep on top of everything that is happening with your lawsuit. Your lawyer should be able to fill you in on the details.

A lot of companies have insurance that’s there to protect them against lawsuits of the personal injury variety. If you sustain an injury while working, it is imperative that you retain an attorney to represent your interests right away. If your place of work calls you, you must have them speak with your attorney. That way, documentation will always be maintained.

TIP! Minor burns are one of the most common types of personal injury, more so if cooking is involved. First take care of the injury yourself, or get medical attention if the burn is serious.

After an injury, you may have a hard time locating the source of your pain. If you have expended more energy than usual, you will likely feel it in the morning. It is not necessarily something to worry about unless your pain is especially intense, or if it persists beyond a few days.

Insurance Company

TIP! When you get in the middle of a lawsuit, speak with your general practitioner. This will assist your doctor in preparation of valid and pertinent documentation of your injury for your use in court.

Always allow your attorney to handle any communication between you and the insurance company. The insurance company is looking out for their own interests. They may use any information you give them against you. Give your lawyer a ring prior to talking with an insurance company, Also, never let them record you or give them anything in writing that you do not approve of.

TIP! It is important to get everything in writing. All documentation from insurance companies should be filed away in writing.

You have to work hard to win your case. Now that you know so much regarding personal injury law, you can start to help yourself. You need the right attorney and the right information to pursue your case.

Source: 

http://thelawyersource.com/tips-and-tricks-for-winning-a-personal-injury-case/

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Avoid a bad lawyer: 7 tips -114

Let's tell it like it is: A lot of us aren't fond of lawyers.

But an attorney who is difficult to work with or provides shoddy legal advice can magnify an already touchy relationship.

To illustrate: What would you do if a partnership went sour and the lawyer that once represented both of you goes on to represent your former partner? Conflict of interest, yes. However, in this case, you also signed a legal document agreeing to this without being informed of the possible implications.

So what was bad legal advice back then—no forewarning about what might happen if your partnership ended—has morphed into a bigger problem now.

What can you do to avoid becoming one of these cautionary stories? First, know that finding a good lawyer, and avoiding a bad one, can be a process as detailed as finding a new employee. And it could potentially mean even more to your business.

Tanya Starnes, an attorney and author of Mad at Your Lawyer, offers these seven tips for avoiding a bad lawyer.

1. Don't go for a general practitioner when you need a specialist.Using the same business lawyer you've trusted from the beginning may lead to a bad experience if you really need a specialist. Should the case end up in court, you don't want a lawyer who has never performed litigation cutting his teeth at your expense. The word "specialist" may cause you to cringe and think of high cost. However, Starnes argues that a specialist may turn out to be less expensive, depending on your needs. Where a general small-business attorney may take days to research and draw up the right documents, a real estate or tax specialist may solve your problem in a matter of hours.

2. Do some legwork to find a good attorney.Simply put, don't let your fingers do the walking when it comes to tracking down competent legal advice. "Don't be lazy," Starnes says. "You can't go to the mall and get a lawyer." If you need a specialist, ask your current lawyer for a referral. Don't stop there, though; ask people you know with some connection to your legal community. Get references and do background checks. The more time you put into your search, the better your chances of getting a competent lawyer who's also suited to your business.

3. Do some due diligence on lawyers' costs and fees, too.Before you contact a lawyer, consider how much time and money you are willing to spend on one. Make sure to account for time away from your business. Do some research on the Web and make some phone calls to get basic understanding of lawyers' costs and whether your problem is worth what it might cost. If you decide that the issue is big enough, then it's time to meet with a lawyer to discuss the problem and the fees required to solve it. But proceed cautiously: In the hands of the wrong lawyer, your $3,000 problem can quickly escalate into $30,000 and take months to resolve. If you lose, you now have to deal with both the original problem and a hefty legal fee.

4. Don't sign up unless you're completely comfortable with the fee arrangement and relationship.Make sure an attorney is worth what you're spending—agree only to a fee structure that suits you. Small-business owners are often asked to sign blank checks or retainer fees. Avoid doing this if at all possible, Starnes says. It means that you are dependent on the honor system and likely will have no idea how much time your lawyer actually spends on your case. Instead, ask your lawyer for an estimate at the beginning. This will allow you to set up a budget and to avoid any unexpected surprises when the bills arrive. Take it as a serious red flag if the lawyer balks. As an attorney, "I can give you an estimate on just about anything that I know how to do," Starnes says. "At the very least, I can give you a range and tell you the factors that will make it higher or lower. "Also, insist on a written fee agreement where all anticipated costs and fees are specified. In other words, get it in writing.

5. Understand what an attorney is doing for you.The last thing you want is for a legal problem to bite you later because your lawyer neglected to file the documents with the right government department-or, just as bad, did not let you know what the documents meant. That said, another warning sign is your lawyer failing to explain any sort of legal document he or she is drafting. To keep your relationship running smoothly, keep a written account of all interactions that you have with your attorney. As Starnes says in her book, "One of the most helpful things you can do, especially early in your relationship with your lawyer, is to provide a written summary and chronology of what happened. "This is particularly important in discussions concerning money. By documenting your understanding of fee changes or potential settlement discussions along the way, you will ensure a fair and quick resolution of any future disputes. As you move through each stage, question the things that you don't understand. A good lawyer will take the time to explain and answer these questions.

6. Insist on a good system of communication.Insist in advance on how and how often you should communicate. If you have to wait days or weeks to hear back from your lawyer, either you didn't relate your expectations well enough, or you have a lawyer too busy to take on your business. Give some thought to finding a new one as soon as you can. Starnes points out that you could have the best lawyer in the country, but if she is too wrapped up in a high-profile case, she isn't devoting much time to you. That means your problem is unnecessarily going to take more time, and more money, to resolve.

7. Be wary of the "slam dunk" claim."Any lawyer who tells you you've got a slam dunk case is probably not a very good lawyer," Starnes says. "I have seen very few slam dunks in my time. The law is rarely black and white. Oftentimes, there is a disagreement, and who will win and lose is difficult to predict. "Depending on the case, an attorney likely will have to do some research and talk to several people before making any kind of assessment. While his confidence may be reassuring, his actions on your behalf are more important. Also, trust your gut. If you feel doubts about a lawyer's comments or competence, you may be best to cut your losses, terminate the relationship, and move on.

Source: http://www.microsoft.com/business/en-us/resources/finance/legal-expenses/avoid-a-bad-lawyer-7-tips.aspx?fbid=6dihpx_gMws

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Steps for Becoming a Lawyer -114

If you aspire to become a lawyer, read this article to know how to become a lawyer and the necessary steps for becoming a lawyer.

How to become a lawyer? Is it only a simple degree from a law school, or does it require something else? 

Law is a profession which requires a lot of hard work, dedication, research, patience and perseverance. So how to become a lawyer? The steps for becoming a lawyer may be arduous, but it is a rewarding career option. If anyone needs legal advice, it's a lawyer who is hired to fight the case. Lawyers are needed in every sphere of life, be it while buying a home, making legal documents, during marriage or even to start a business. There are numerous steps for becoming a lawyer which are described in the following paragraphs.

You will have to grind your way up to becoming a successful lawyer. To become a lawyer, you need to have at least a college degree of four years and then a three-year degree of law to be eligible for the test. This test determines if you are eligible for practicing in the country. 

Bachelor's Degree: A Must
Getting a bachelor's degree is one of the first steps. It has to be a four-year degree course. It won't be of any help if you have an associate degree. Though some may believe that a bachelor's degree does not make any difference, but any knowledge DOES make a DIFFERENCE! Try choosing a major which develops your skills and would be required for a profession in law. A lawyer requires professional writing skills, analytical skills and critical thinking, so it's always better to choose a subject which hones these skills of yours. 

Your grades in bachelor's degree is also important for admission to a good law school. It's a general perception that a person who can't get good grades while in undergraduate course, won't be able to do well in the tough grind of law school. Though there are other factors also which determine the final GPA, grades indicate the priority of studies in a person's life. 

Take a Look at the Law Schools in Your Area
One of the most important steps, is to research the best law school in the country. You need to review the qualification criteria required for getting into a law school. Each law school has a different set of criteria and curriculum, so you need to know exactly what is expected, to help you prepare in advance. Look at the opportunities offered and the kind of project work which are extended.

Take the Law Test
The standard test which any graduate should take to enter a law school is Law School Admission Test (LSAT). It's a standard test to test the logical reasoning and analytical skills of a student besides skills of reading comprehension. Moreover, the writing skills of an individual is also measured. The test is held four times in a year - February, June, October and December. 

Get Admitted into a Law School
For every law school, the deadline for application is different. Once you get the results of LSAT test, and you get the minimum qualifying marks, make sure you apply well in advance. Apply in three or four colleges, so that you stand a better chance of getting admitted in at least one of the colleges. Write down the important dates and deadlines so that you don't miss the deadline.

Graduate Successfully
The next step to become a lawyer is successful graduation. Usually, it takes three years to complete a law degree, if you opt for a full-time course. In case you opt for a part-time program, it would take four years to complete the program. During your first year, you will have to go through the rigorous program of law, which would require you to research and read about law. The reason for such a rigorous program is to accustom students to constantly think law. The first year is spent in familiarizing with the legal terminologies and laws related to acts of negligence and wrongdoings. Moreover, other laws covered include civil procedure law, constitutional law, criminal law and property law. In the second and third year, students have an option of choosing courses based on their interests. Throughout these years, students get a chance to argue in mock trials, write legal documents and participate in court activities. 

Passing the Bar Exam
The next step to become a lawyer is to pass the exam conducted by the bar. This exam determines whether a law graduate is qualified enough to practice law. Each state has a different agency which administers the test. If you want to practice law in a particular area, you have to take the test conducted by these agencies. 

Once you have cleared all these steps to become a lawyer, next you need to pass the fitness and character test. This stage is quite intrusive and checks the person's background. And if you fail in this test, you will not be admitted into the bar. Once the bar permits you an entry, you need to apply for a license to the responsible authority of the state. After the application is granted, he or she takes an oath, in which the applicant promises to follow the rules of law. In some states the license should be renewed, which requires continuous education so that the lawyers are abreast of the latest changes in law.

The steps for becoming a lawyer in Canada is similar to the steps to becoming a lawyer in America. The only difference is that in America, once you pass the bar exam and the character and fitness tests, you are eligible for applying for a license. On the other hand in Canada, once you have completed the steps for becoming a lawyer mentioned above, you need to finish a period of articling and after that, pass the course and exam set by the bar. This means that you have to invest at least 6 to 8 years for the whole process.

Becoming a lawyer is a long-drawn process and requires you to be patient besides being determined, but it is definitely a rewarding career option.
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