‘s question when to hire a lawyer doesn’t always have a simple answer. There are certain circumstances where the answer is an unqualified “yes,” but often it’s a matter of evaluating several factors.
When to Hire a lawyer
There are some situations where hiring a lawyer is essential:
You’re up to your ears
This is more of an emotional decision, based on the feeling that you are not comfortable with yourself. Comfort levels vary from person to person, depending on factors such as how much you know about the jurisdiction, how much information is readily available, how much effort you are willing to put into educating yourself, how well you understand legal terms and concepts (such as contracts, legal documents, laws, court rules and court opinions), and how confident you are in your ability to express yourself in English, both orally and in writing (particularly if you have to appear in court). ). If you decide, “I can’t afford to lose this case,” it’s time to find a lawyer.
You could go to jail
If you are charged with a crime, including domestic violence, tax fraud, or even certain motor vehicle offenses (such as drunk driving, vehicular homicide, or so many unpaid parking tickets that an arrest warrant has been issued), hire a lawyer.
You could lose a lot of money
If you lose a lot of money in a lawsuit, find a lawyer.
Your opponent has a lawyer
You are at a disadvantage if you try to take on an attorney representing your opponent.
There is physical injury involved
The most common situation is a car accident, but it can also cover a variety of situations, such as someone being bitten by your dog or injured on your property, or injuries from a defective product. You can have auto insurance or home insurance, but it is still advisable to consult a lawyer. If you or a family member has been injured and it appears that you have made a good claim, most personal injury attorneys will not charge you a fee, but will collect payment from the judgment they obtain.
You are in a complicated divorce
If there is a dispute about assets or children, if there is domestic violence, or if you have such a complex financial situation that the division of pensions or serious tax considerations are at stake, you need legal assistance. In some states, even if you agree or almost agree, you can both hire one attorney to help you through the legal process.
You must manage the estate of someone who has passed away
Many states have simplified “small estates” procedures, where a person leaves minimal assets and the law (or will) is clear about who inherits. In these cases, it may not be necessary to hire a lawyer. But with many estates, the procedures are more complex, there can be tax issues and a probate attorney can be of great help.
You want to make an extensive estate plan
It is possible to draw up a simple will, a power of attorney, a living will or even a living will without a lawyer. However, you must be sure that you know what you are doing. Especially if there is a sizeable estate, tax issues or a complicated or extensive distribution plan involved, it is important to find a lawyer to make sure everything is taken care of properly.
You adopt a child
Adopting a child is an important matter and a lawyer will make sure everything is done right.
A contract is needed
It is essential that you understand the terms of any contract you are required to sign. Consult a lawyer if you do not understand the terms or how to draft a contract.
Complex business matters
If you need a complex business organization (multiple entities), have complex tax matters, need to apply for a patent or get involved in a lawsuit, hire a lawyer.
When to Consider Representing Yourself
Provided you feel comfortable handling the matter yourself, there are several situations that are more conducive to self-representation. Among which:
Parking tickets and minor traffic violations
Most people who go to traffic court for these minor offenses don’t hire a lawyer.
Relatively simple divorce
If you and your spouse can agree on the division of your assets and debts, will not quarrel over custody or maintenance of a child (or do not have children), and are willing to cooperate in the preparation and submitting the necessary court papers, it is possible to arrange your divorce yourself.
Small claims court is available
Most states have a specialized procedure for handling relatively minor disputes, usually with claims under a certain dollar amount.
Basic business matters
With a little research, you should be able to figure out things like registering for an Employer Identification Number (EIN), a fake name (aka doing business as or d/b/a), and a trademark or trade name; forming a business entity (LLC, corporation, partnership, etc.); creating basic contracts and forms; and hiring employees and independent contractors.
When to avoid the legal system
Here are a few examples of when you might be better off trying some form of dispute resolution out of court, or even forgetting about the issue and moving on:
You’re Angry and It’s “A Matter of Principle”
Things that clients want to pursue as “a matter of principle” are rarely worth pursuing in court. This includes issues such as someone humiliating you (slander and libel), causing you “emotional distress,” and petty disputes between neighbors. You cannot prove monetary damage.
You are fired
Even if it pays to sue your employer, you should be willing to pay an employment attorney several thousand dollars upfront, with no guarantee of success. It can take years to resolve your case. You should file a claim for unemployment benefits or file a complaint with the appropriate agency if you believe you have been the victim of unlawful discrimination or harassment. Also, potential employers may be reluctant to hire you with a history of suing an employer.
Find a lawyer
You answered “yes” to the question, “Do I need a lawyer??” Now you need to find one. There are various kinds of lawyers (such as estate planning, criminal, corporate), so it’s important to find someone who practices in the field of law you need. A find a lawyer can be created by asking friends for a referral, checking printed or online directories, or contacting your local or state bar association. You can also ask a lawyer to provide you with advice on an hourly basis, without full representation.
The value of hiring a lawyer
Legal services are generally not cheap. The more complicated your legal problem, the more you need legal adviceand the more it costs legal help. In some cases, it can be much more expensive to try and represent yourself. One question to ask yourself is, how much is it worth for the peace of mind that comes from handing the problem over to a professional?
Other options
Except for hire a lawyer or if you’re going it alone, you may have other options, such as contacting a government agency (such as a consumer protection agency or a public utility, insurance, or bank commission). Legal help may also be available through various groups you belong to, or a senior citizen community organization.
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