Posts tagged: attorney

4 Scenarios When You MUST Hire A Lawyer

law & attorneyThere is no doubt that there are negatives to hiring a lawyer. For one thing, they are very expensive. It is issues like this that make people believe they don’t need help when they are facing legal trouble. However, it is also this kind of thinking that gets those people into even more trouble. Lawyers are an essential part of your defense if you are going through legal proceedings because of their skill and knowledge. Below are the four scenarios when you need the more than most. If you ever find yourself in one of these situations, make your first call to your attorney.

1. A Messy Divorce

If the divorce is amicable, there might not be any need for a lawyer. Although some people would disagree, you can see the logic. But, when the divorce is a messy and contracted affair, legal representation is essential. For starters, law firms like Manassa, Stassen & Vaclavek, P.C. know where to look to find any loopholes. Divorces are like wars, and some people will go to any lengths to get what they want. Remember that when the deal is finalized, it is legally binding. Plus, they also act as your go between. Talking or mediating may be impossible if you don’t have a lawyer to pass on messages and communicate.

2. Wrongful Termination Suit

Thousands of people go to court every year to fight a suit of wrongful termination. The sad fact is that employers will take advantage of your lack of knowledge. They will do things that they know they shouldn’t if they can get away with them. Obviously, your lack of knowledge is a hindrance. But, that is where an attorney comes in handy. A specialist should know the legal terms inside and out, so they should be able to build a good case. Without them, it is unlikely that you will get your job back or get compensation.

3. A Criminal Charge

No one likes to think about going through criminal proceedings. But, if you have to, you need to know where to turn. The first and only place is a top lawyer. Again, there knowledge and experience are vital to building a good case and getting you off. However, there are other issues where they excel. They also take the stress off your shoulders and help you through the process unscarred. The main reason you need one, though, is because this is the biggest moment of your life. Do you want that hanging on your shoulders for the rest of your life?

4. Wills & Trusts

It is a sad state of affairs, but wills and trusts bring out the worst in people. There are numerous instances where people have manipulated dying victims into changing their wills, and it still goes on today. All you want is to make sure that the will is legitimate and that it goes to the right people. If you have a third-party lawyer on the case, you can be pretty pleased with the outcome whatever happens.

Ways to Improve Your Chances of Winning a Lawsuit

financial legal mattersWinning a lawsuit is a huge challenge, but it can be done as long as you have a good plan of action in place. It’s all about making sure that you are prepared for the challenge ahead before you even get started. Here are some top ways that will improve your chances of success.

Consider the Costs

Fighting a lawsuit is certainly not cheap, no matter which side of the court you’re on. So, you need to consider the costs beforehand. If you don’t think that you can afford to go ahead, don’t quit just yet. There are many charitable organisations and governments that can help people on low incomes to get justice. No one should have to accept not getting justice just because they’re not rich. And if you’re pursuing a personal injury claim, you might be able to get pre-settlement funding. This helps you to stay on top of the costs while the court case is still ongoing. It can be a huge help.

Get the Best Lawyer

There is always a temptation to not hire a lawyer. Many people think that they can represent themselves and succeed. But this is not the movies where the little guy beats the big guy. The chances are the person with the better lawyer will win the case. This is not always how it plays out, but it’s a bigger factor than most people realise. The best lawyer will be able to give you the expertise, experience and skills they have. When you have those things behind your case pushing it forward, your chances of success increase greatly. So, hire a lawyer that has dealt with cases that are similar to yours in the past. Look at their success rate too.

Get Evidence

If your case relies on you having to prove that another person did something, you need to have evidence to back up what you’re claiming. This is how many civil disputes work. If you are pursuing a personal injury claim because someone was responsible for an injury you sustained, evidence is vital. You need to have independent witnesses who can back up your claims. And you also need the testimony of the doctor who treated your injuries. If you don’t have those things, then it is simply your word vs your opponent’s. And that is always a risky gamble when you’re in court.

Prepare for Court

There are many things that can be daunting about appearing in court. Having to speak in front of a judge and present your case is not always the easiest thing in the world. That’s why preparation is so vitally important. You can never prepare too much. But you can definitely prepare too little. If you walk into the court without knowing exactly what the plan is and how you’re going to present your case, you’ll be in trouble. You don’t want to do this because it could jeopardise your entire case, and that’s not what you want. So, remain calm, and listen to all the advice that your lawyer gives you.

Determining the Cost of Your Divorce

divorce costMarriage and divorce are both expensive. Online services like Divorce are in high demand as the national average cost for a divorce hovers around $27,000.

There are factors that influence the cost and knowing them will help determine where a divorce lands on the cost scale. Review your situation considering the following four areas that affect divorce costs.

1. Your Location

Your location determines the market for attorney fees. Divorce is more expensive in New York City than in a small Arkansas town.

Divorce is handled by hourly fee arrangements. Small town attorneys commonly charge $150 to $200 an hour, but in large cities, those fees may spike up to $500 an hour. Fees are always disclosed in your initial consultation so you will not go into an attorney-client relationship unaware.

2. Amount of Conflict

Couples proceeding amicably with more agreement demand less from attorneys. This leads to a less expensive divorce. Making some agreements before filing can shorten the lifespan of the divorce process and conclude it with less expense.

When disagreement arises, consider mediation over litigation. Courtroom battles require extensive divorce lawyer preparation time and demand more of your money. Mediation allows for discussion and negotiation with assistance to help you see where you and your partner agree. While a litigation battle can cost close to $50,000, people who decide to mediate pay much less, normally no more than $7,000.

Conflict is likely even with the most agreeable of people. While reducing it will save costs, managing it effectively will offer the same effect.

3. Presence of a Prenuptial Agreement

Having a prenuptial agreement can help and hinder divorce costs. If it is well-drafted and fair to both parties, it will smooth out divorce proceedings, end them sooner, and reduce costs. However, an unfair or poorly drafted prenuptial agreement can draw out a divorce and make it more expensive.

If considering a prenuptial agreement, be honest and disclose all assets. Arrange for both of you to meet with separate attorneys. A fully informed and fair agreement is enforceable, but if there is evidence of fraud, coercion, or unconscionable provisions, you will waste money defending it and likely have it considered unenforceable anyway.

4. Extent of Assets

This is another common sense factor. A divorce involving two people with no real estate and separate debt will always be easier than those that include a family home, a closely-held business, investment income, or other substantial assets. The more you own, the more you can expect to pay in attorney’s fees for a divorce.

Although these factors offer clear guidelines, there is no guarantee on the cost of a divorce. You could have more or less conflict than anticipated or run into unforeseen legal barriers. The best way to control the costs of your divorce is to set realistic expectations and keep clear communication with your attorney. The fewer items that complicate the process, the less you will have to pay to complete it.

The Advantages Of Plea Bargains

540733Aside from the obvious benefit of a reduced sentence, there are a number of benefits to accepting a plea bargain. Plea bargains often pose advantages to both sides, both the defense and prosecution. Time, money, and hassle are saved for both sides of the legal process. There are also several benefits the defendant should keep in mind when considering a plea bargain.

Faster Outcome

A criminal trial can be a long, expensive, and emotionally traumatic experience for a defendant. Plea bargains allow you to skip the extensive trial procedure and move right into the sentencing phase before a judge. You will know the outcome of the conviction much sooner than if you had to go through an entire trial, without needing to pay attorneys’ bills throughout the trial process.

Leave Jail

Defendants unable to get out on bail, whether bail was denied or is too expensive, will most likely need to stay in jail for the duration of the trial before being released or transferred to a prison. Once a plea is entered and accepted, you will be sentenced and moved out of the jail. Leaving jail could mean going home or starting a sentence in a prison. While prison may not seem like a good place to be, they are almost always better than jail.

Lesser Charges

A plea bargain often involves pleading guilty to offenses less serious than those you were charged with initially. The prosecution will reduce the charges, or remove some altogether, as a way of making the plea agreement more attractive to the defendant and increasing the chances of a fast conviction.

This is an especially important benefit of accepting a plea bargain if you are being charged with crimes that can be personally, socially, or professionally damaging. A lesser related offense can keep you from needing to continue feeling the negative effects of a conviction even after you have paid your debt to society.

Shorter Sentence

A plea bargain that results in you entering a guilty plea to lesser charges can also result in a shorter sentence. Not only are the required minimum sentences shorter for less serious crimes, many judges are more likely to show leniency to a defendant willing to accept responsibility and avoid a lengthy trial. A plea bargain can help you reduce the time you will need to serve.

The benefits of accepting a plea bargain affect your life in both the short and long terms. By accepting a plea bargain you can avoid the embarrassment of a trial and potentially shorter the sentence you will receive. Always consult with a lawyer before accepting a plea agreement.

Mike often writes articles to help explain the confusing criminal justice system. While he tries his best to explain the laws, he believes that hiring a criminal defense attorney is still the best way to go if in legal trouble.