In general do not fire your old attorney until you have engaged a new one. You will have far more leverage in negotiating with the new one if you are not in between lawyers.
But have a good reason to explain yourself to the new attorney. Be specific in how the old attorney let you down and get assurances that the new one won't act the same way. For example a common reason for firing the old attorney is that the old one keeps delaying in actually filing the lawsuit.
Once you have reached agreement with the new one then he can assist you in notifying the prior attorney that his services are no longer needed and to notify the parties of your new representation.
Thursday, July 16, 2009
Friday, July 10, 2009
Hiring a bankruptcy attorney
This article has a few ideas about hiring a bankruptcy attorney. Keep in mind that many bankruptcy attorneys will give you an initial consultation for free. To make the most out of this time get your data together. Collect your income information, your minimum monthly expenses other than for credit repayment and information about your dependents.
A key issue will be if you will be able to declare personal chapter 7 bankruptcy which will wipe out all of your debts (unless you decide to keep your mortgage) or chapter 13 bankruptcy where you pay off as much as the court determines is practical over a five year period and then the rest is wiped out. Generally only those with incomes less than the state average can declare chapter 7 bankruptcy.
Some of these attorneys will advise you which bills to pay and which to not pay - there goal seems to be to put enough money in your pocket up front so that you can pay them before they start working on your case.
A key issue will be if you will be able to declare personal chapter 7 bankruptcy which will wipe out all of your debts (unless you decide to keep your mortgage) or chapter 13 bankruptcy where you pay off as much as the court determines is practical over a five year period and then the rest is wiped out. Generally only those with incomes less than the state average can declare chapter 7 bankruptcy.
Some of these attorneys will advise you which bills to pay and which to not pay - there goal seems to be to put enough money in your pocket up front so that you can pay them before they start working on your case.
Tuesday, July 7, 2009
What is a retainer
If you are paying your attorney by the hour your attorney will frequently ask for money up front - this is called a retainer. The details of this retainer should be spelled out in your engagement letter.
Sometimes this is equivalent to the last months rent and none of this money is used to pay your monthly legal bills. In this case you need enough cash for this retainer along with enough to fund your monthly payments if you are going to make it without running out of cash.
In other cases the attorney will use your retainer to pay his monthly bills until the case reaches a certain level or he thinks there is enough money at the end of the case to satisfy his bill.
You need to understand what your attorney is expecting on this front and do not be afraid to negotiate this item if you are short on cash.
Sometimes this is equivalent to the last months rent and none of this money is used to pay your monthly legal bills. In this case you need enough cash for this retainer along with enough to fund your monthly payments if you are going to make it without running out of cash.
In other cases the attorney will use your retainer to pay his monthly bills until the case reaches a certain level or he thinks there is enough money at the end of the case to satisfy his bill.
You need to understand what your attorney is expecting on this front and do not be afraid to negotiate this item if you are short on cash.
Friday, June 26, 2009
Preperation for hiring an Attorney
Whether you are hiring an attorney that you are paying for by the hour or trying to find the right one on contingency get your ducks in order before you talk to them. Prepare a summary of your case and the documents that prove your case.
First, this allows you to learn more in your initial interview. These preliminary meetings are usually free but just because they are free doesn't mean you can't learn at them.
The attorney that you are interviewing is also interviewing you. If they are considering taking the case on contingency then they would rather have an easier case than a more difficult one. They would prefer one that will settle early rather than after several years. And they are trying to determine if you will be a good witness. Most important, the contingency attorney is going to try and ascertain if the defendant has deep enough pockets so that if you win you can actually collect.
Attorneys that only charge by the hour are far less concerned about if you can actually collect on the judgment. They mainly care about your ability to pay. So in these cases you need to dig into whether or not the defendant can pay a judgment if you are successful in court. Keep in mind that 90% of judgments go uncollected.
First, this allows you to learn more in your initial interview. These preliminary meetings are usually free but just because they are free doesn't mean you can't learn at them.
The attorney that you are interviewing is also interviewing you. If they are considering taking the case on contingency then they would rather have an easier case than a more difficult one. They would prefer one that will settle early rather than after several years. And they are trying to determine if you will be a good witness. Most important, the contingency attorney is going to try and ascertain if the defendant has deep enough pockets so that if you win you can actually collect.
Attorneys that only charge by the hour are far less concerned about if you can actually collect on the judgment. They mainly care about your ability to pay. So in these cases you need to dig into whether or not the defendant can pay a judgment if you are successful in court. Keep in mind that 90% of judgments go uncollected.
Saturday, June 6, 2009
Firing your attorney!
Yes you can! If you have a bad attorney then he or she is not going to get any better - fire them now. You have the right to change.
But keep in mind that if you are a bad client or "difficult" client you may not get another one.
You are the manager and the attorney is your service provider. If he is not getting the job done or is not paying enough attention to your case it is unlikely to get any better.
Now keep in mind that many first-time plaintiffs think that the legal process is going to move far faster than it actually does. They also think they are going to receive millions when they might only get a few thousand. The speed varies from court to court and state to state but rarely do we see "speedy justice".
Do not assume that your attorney is going to meet her deadlines! They do forget about these things so you need to be paying attention. And if they are leaving motions and responses to the last minute they may simply not make it in time or do a poor job because of the deadline. You are screwed!! So you need to know the deadlines and the schedule and make sure your attorney is meeting the deadlines.
If you are a plaintiff and have a contingency contract you still have the right to change attorneys. Usually it is a good idea to find a new attorney before firing the old one. Generally (it varies by state) the old attorney will work out compensation with the new attorney for some compensation for his expenses on the case and the time he spent.
But again, you only get so many at bats. It is harder to hire a good attorney after you already have one. So try to do it right the first time. The second attorney is worried that the first attorney already messed up the case. Or the second attorney thinks that you may be an unreasonable client.
I had a client that actually fired two attorneys and then could never again find someone to represent him. He had to represent himself and it has not gone well ever since.
But keep in mind that if you are a bad client or "difficult" client you may not get another one.
You are the manager and the attorney is your service provider. If he is not getting the job done or is not paying enough attention to your case it is unlikely to get any better.
Now keep in mind that many first-time plaintiffs think that the legal process is going to move far faster than it actually does. They also think they are going to receive millions when they might only get a few thousand. The speed varies from court to court and state to state but rarely do we see "speedy justice".
Do not assume that your attorney is going to meet her deadlines! They do forget about these things so you need to be paying attention. And if they are leaving motions and responses to the last minute they may simply not make it in time or do a poor job because of the deadline. You are screwed!! So you need to know the deadlines and the schedule and make sure your attorney is meeting the deadlines.
If you are a plaintiff and have a contingency contract you still have the right to change attorneys. Usually it is a good idea to find a new attorney before firing the old one. Generally (it varies by state) the old attorney will work out compensation with the new attorney for some compensation for his expenses on the case and the time he spent.
But again, you only get so many at bats. It is harder to hire a good attorney after you already have one. So try to do it right the first time. The second attorney is worried that the first attorney already messed up the case. Or the second attorney thinks that you may be an unreasonable client.
I had a client that actually fired two attorneys and then could never again find someone to represent him. He had to represent himself and it has not gone well ever since.
Start with phone calls to multiple attorneys
If you are waiting on one phone call from one attorney to help you
out - you are screwed!!! As a service industry attorneys as a group
do not know how to operate out-bound phone calls to prospective customers.
And this is before you sign a contract to use their services. Rarely does it get any better after they have you as a customer.
So a bad strategy is to call only one attorney and wait for several days for a return phone call. Call multiple attorneys and see how hungry they are for your business. This does not qualify them to work for you but it will surely disqualify many of them.
The number one reason that I hear from my clients for firing their attorneys (yes you can fire them and we will cover that in more detail in a later post) is that their attorney stops returning their phone calls. And if it starts out bad it ain't getting better.
out - you are screwed!!! As a service industry attorneys as a group
do not know how to operate out-bound phone calls to prospective customers.
And this is before you sign a contract to use their services. Rarely does it get any better after they have you as a customer.
So a bad strategy is to call only one attorney and wait for several days for a return phone call. Call multiple attorneys and see how hungry they are for your business. This does not qualify them to work for you but it will surely disqualify many of them.
The number one reason that I hear from my clients for firing their attorneys (yes you can fire them and we will cover that in more detail in a later post) is that their attorney stops returning their phone calls. And if it starts out bad it ain't getting better.
Finding the right attorney
Whatever your situation you need the right attorney in the right place to get you through your challenge.
Some attorneys are licensed in more than one state and some will even try to help you on an issue outside of their home state but outside of the easy ones this will not usually last long. They are frequently just looking to get a referal fee from the in-state attorney that will eventually serve you.
Courts of law are supposed to give every one a fair shake and treat all parties equally even if you are from out of town - but in reality it doesn't work like that. There is frequently a home court advantage. And even if everyone gets the same treatment by the judge, simply knowing the lay of the land and the local clerks and which judges to try to avoid is advantage enough.
Even being close to the court where you fight is going to occur can make a difference. I once had a Los Angeles attorney complain to me that we had been "home fielded" by a judge in Orange County.
But even more important than location of your attorney is his/her speciality. Ever heard the expression "I don't want you to learn to shave on my beard."? Well it applies double to the law. If you have an auto accident case you want an attorney that has done dozens of similar cases. So don't assume that just because an attorney will take your case that he is not shaving on your beard. Ask him how many similar cases he has tried and what the outcomes were.
Some attorneys are licensed in more than one state and some will even try to help you on an issue outside of their home state but outside of the easy ones this will not usually last long. They are frequently just looking to get a referal fee from the in-state attorney that will eventually serve you.
Courts of law are supposed to give every one a fair shake and treat all parties equally even if you are from out of town - but in reality it doesn't work like that. There is frequently a home court advantage. And even if everyone gets the same treatment by the judge, simply knowing the lay of the land and the local clerks and which judges to try to avoid is advantage enough.
Even being close to the court where you fight is going to occur can make a difference. I once had a Los Angeles attorney complain to me that we had been "home fielded" by a judge in Orange County.
But even more important than location of your attorney is his/her speciality. Ever heard the expression "I don't want you to learn to shave on my beard."? Well it applies double to the law. If you have an auto accident case you want an attorney that has done dozens of similar cases. So don't assume that just because an attorney will take your case that he is not shaving on your beard. Ask him how many similar cases he has tried and what the outcomes were.
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