Law Articles

Return to Law Dictionary Index

One of the first questions to ask yourself in deciding if you should consult an lawyer is: "What's at stake?" When the monetary amount involved is big or your liberty is in serious jeopardy, the obvious answer is to get legal help. But what is serious? An ordinary parking summons is a brush with the law, but you need not consult with an attorney to pay the fine or even to fight it. However, if you've accumulated a number of unpaid parking tickets and a warrant has been issued for your arrest, you would probably want to hire a lawyer to help you resolve the situation, and perhaps save you money or even keep you out of jail.

Sometimes it's an easy decision to retain a lawyer, such as when you get sued or when you�re arrested or charged with a crime. Other times, it's an easy decision not to hire a lawyer, such a simple buy-sell agreement to sell an item with a low monetary value. But keep in mind that people hire lawyers for advice and expertise all of the time, in all kinds of situations.

In good times as well as bad, individuals and businesses rely on their lawyers� advice to understand and secure legal rights and financial interests. Lawyers help clients with estate planning and business negotiations, strategies and transactions. With good legal advice, clients are better prepared to comply with and navigate through the complex mazes of governmental rules and regulations.

In the some cases the peace of mind acquired can be priceless after consulting with an experienced lawyer for important undertakings. Some examples of undertakings could be drafting wills and trusts, negotiating an business deal, tax and estate planning and even pursuing personal family matters such as adopting a child.

If you are sued for a high monetary amount. In this case, it a good idea to retain counsel. This might save you money in the long run.

If you are charged with a crime it is a smart move to get a lawyer. Keep in mind that it is your constitutionally protected right to get a lawyer appointed. But if it is a serious crime and you have the means to get a lawyer, it might be better to retain your own counsel. Many times the public defenders are overwhelmed with their case load.

In other situations, your objective may be less clear. If you feel your employer unlawfully fired you, you might want to get your job back. If you suffered an injury from a defective product, you might wish to recover money damages. Or you may be faced with a situation where you need to seek an injunction against someone. Think about these things before you hire a lawyer.

Some lawyers will allow a free consultation, so there is minimal downside to talk to a lawyer if this is case. In other cases the lawyer will apply your consultation payment to your bill if you retain them..

There are alternatives to simply hiring a lawyer. Some of these alternative sources to resolve your legal issues are:

• Many companies and public utilities offer customer service departments that effectively address consumer problems and complaints.
• Many state attorney general offices and other agencies provide consumer protection departments. (But it�s not usually a good idea to try to gain an advantage in a legal dispute over adversarial parties by threatening to contact a government agency if they don�t comply with your demands. It is possible that such action could be characterized as attempted extortion on your part. If you have a problem with a regulated industry such as banking or insurance, contact the agency in your state responsible for overseeing that industry
• Many community groups such as elder associations, civil rights groups and other organizations offer free legal help and information.
• Some disputes may be resolved by using increasingly popular litigation alternatives such as mediation or arbitration. Businesses and individuals might agree to use alternative dispute resolution (ADR) rather than court action to resolve legal conflicts.

In many situations, it is obvious that you need to act fast. But even if you think you have lots of time to consider your alternatives, deadlines sneak up on you and lawyers need time to prepare. So it�s always better to start looking for a lawyer sooner than later.

If you�ve been injured in an accident, keep in mind that there are time limits on your right to file a lawsuit. The statutes of limitation vary greatly from state to state and depend upon the fact and type of each case. In some instances, the law requires a claimant to notify potential defendants about any injury within an extremely short period of time - as little as a few weeks or months.

If you sit on your rights, you could lose them. You might have been angry for years over your neighbor's fence encroaching on part of your property. But if you wait too long without objecting or taking some legal action, the law might give your neighbor the right in the form of a prescriptive easement to leave the fence there permanently.

And you must be realistic about your chances of winning and what your case is worth.

If you are not certain what your legal rights are, it might be worth your time and money to retain a lawyer to evaluate your situation and advise you on alternative courses of action. Even if you end up having to pay a few hundred dollars for to consult with an attorney, it could be a very wise investment that ultimately saves you time and money.

Another important issue is which lawyer to choose. Many attorneys specialize in one type of law. Other lawyers handle a wide range of matters. You want to hire an attorney who has expertise to represent you effectively with respect to your legal problem.

Return to General Practice

Return to Law Dictionary Index