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General Legal Information

9 Questions to Ask When Hiring a Lawyer

If you want to find the right lawyer for your legal needs, it’s important to understand which questions to ask.

In this article, we’ll explore 9 questions to ask when hiring a lawyer so you can rest assured you’re working with the right lawyer for your needs.

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General Legal Information

Can You Lose Your Home in a Lawsuit in California?

If the court requires you to pay a large sum of money in light of a lawsuit and you aren’t able to afford it, you may be wondering if you can lose your home. This can be a scary thought, so we thought we could provide some information.

In this article, we’re taking a closer look at one of the most common questions we hear from people experiencing a lawsuit – Can you lose your home in a lawsuit in California?

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General Legal Information

How to Defend Yourself in Court

There are a variety of reasons you may want to consider representing yourself court. For the best results, you need to have a good understanding of how to defend yourself and your interests. Today, we’re taking a closer look so you’re prepared.

Here’s how to defend yourself in court.

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General Legal Information

How Long Does It Take to Sue Someone?

If you’re considering taking legal action against a person or company, you need to consider the time it takes to pursue legal action.

So, how long does it take to sue someone?

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General Legal Information

How to File a Lawsuit in California

In California, you can sue for a wide range of legal issues. Whether you’re interested in suing an individual, the government, or a business, you need to know how to file a lawsuit in California before you can get started.

Today, we’re taking a closer look at three starting places so you know how to file a lawsuit in California.

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General Legal Information

The Importance of Presidential Pardon Limits

President Trump believes he can pardon himself, but some argue there are presidential pardon limits.

“It would lead to probably an immediate impeachment” – Rudy Giuliani

A presidential pardon is one of the most sweeping powers granted by the United States Constitution.

According to Article II, Section 2 of the United States Constitution, the President “shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment”.

The wording indicates there are two presidential pardon limits, but President Donald Trump’s recent claims have raised new questions regarding presidential pardon limits and purpose.

Let’s take a closer look …

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General Legal Information

How Much Does It Cost to File a Lawsuit?

Filing a lawsuit requires time, energy, and money.

So, how much does it cost to file a lawsuit anyway?

Filing a lawsuit is a serious process that requires time, energy, and money.

The cost of filing a lawsuit is just one consideration you should think about before moving forward. Most people focus on how much an attorney will cost, but there’s more to consider. You should also consider the cost of not filing a lawsuit – can you afford to ignore the problem?

With that said, let’s take a look at some of the other costs involved in filing a lawsuit.

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General Legal Information

What Happens If Someone Sues You and You Don’t Have the Money?

Prepare to be honest about your financial situation and approach the matter with respect.

Ignoring the problem will only make things worse.

Maybe you lost your job and you can no longer pay rent or keep current with mortgage payments. Maybe you were in a car accident and are being sued. Maybe you purchased a large-ticket item, a car or house, and you have defaulted on the payments.

The bottom line is, you’re being sued and you don’t have the money to pay.

Here’s what happens if someone sues you and you don’t have the money …

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General Legal Information

Signs of a Bad Attorney

If you have a feeling your attorney isn’t the best choice for your legal matter, you may want to take a look at the following signs of a bad attorney and consider your options.

Today, we’re taking a look at the five common signs of a bad attorney as well as how to find a new one.

5 Signs of a Bad Attorney

You decided you needed a new attorney, and you thought you found a good one. Maybe he or she was recommended by a friend. Or maybe you replied to an ad you saw. You thought a lawyer would represent you conscientiously and thoroughly and take the burden of worry off your shoulders. But lately, you’ve been having second thoughts. Things are not going as smoothly as you had hoped and perhaps it’s time to consider a new attorney. At what point should you consider making a change?

What are some of the signs that say it’s time to find a new attorney? We’ve listed five of the most common signs in this article.

1. Your calls are not being returned

You probably worry about a lot of things when you have a legal problem. You have questions for your attorney, and you seek advice on how things are going and what else needs to be done.

In the beginning, you called your attorney often, and you always got a prompt response in a timely manner – from the attorney or from a legal assistant.

But recently, it seems as though the responses have been taking longer. In fact, some calls have not been returned at all.

You should probably expect calls to be returned within 48 hours – as long as your calls are reasonable and not made every day or even several times a week.

You should respect a lawyer’s time as much as he or she should respect yours.

It gets frustrating and takes more of your time when you feel the need to keep calling because you aren’t sure if your lawyer got your message. You don’t want to believe there may have been a change in priorities at the legal office, and you might now be lower on the legal “totem pole.”

Not having your calls returned is a definite sign of some change in loyalties or importance and at the very least is a sign of poor service and disrespect of you as a client.

It’s time to consider a new lawyer.

2.You are asked to repeat a task already done

There could be many documents involved in a legal case. Your lawyer asked you to fill out a number of forms. You did this responsibly.

But a couple of days ago, your lawyer did call you this time – but to ask you to fill out the same forms. Why are you being asked the same thing?

Did your lawyer lose the documents? Were they put in the wrong folder? Did a legal assistant misplace them?

Asking you to submit documents a second time is a bad sign. Your attorney should be very organized and on top of all the issues you face. Your documents should be in order and in one place so both you and your attorney can access them as needed.

If your attorney is disorganized like this, it is time to consider finding a new lawyer.

3. Your attorney is asking for court extensions

Sometimes a court extension is needed to get more information for your case or for some other reason that is in your best interests. This is understandable and acceptable. You want your attorney working for your best interests.

But lately, you find that your case is being delayed or extended for some reason beyond your understanding. It seems like your attorney didn’t get something done, and you were surprised that he or she asked for a court extension.

This unforeseen delay is inconvenient for you and may actually affect your case adversely. If yo­­u see this happening at all, getting a new attorney should be taken into consideration.

4. Deadlines are missed

A court is a busy place and the judge has deadlines. Your attorney is responsible for meeting those deadlines so you should fully expect accountability.

But you may start getting notices that a deadline (or two) has been missed. This does – and should – worry you.

If a deadline is being approached, and for some legitimate reason you or your lawyer have a problem, this would be a good time to ask for an extension.

But if your lawyer fails to do so, and you do miss a deadline, you could be in trouble. It is even possible that your case will be dismissed for lack of activity.

You should know what the deadlines are, and make sure your lawyer is prepared to meet them. When you see deadlines approaching without activity, it’s a sign that you need a more effective attorney.

5. Documents are missing or wrong

As mentioned earlier, there can be many documents involved with court cases. And also as mentioned, there are deadlines to be met, and documents need to be filed on time.

And the documents need to be accurate. Sometimes a lawyer will say “I thought you filled it out.” This should be a warning sign to you.

One reason documents are not filed on time is that they are missing. If your attorney’s office notifies you that a document is missing because it may have been misplaced, and you are asked to submit another one – you are not happy.

That is a bad sign all by itself. But what is worse than losing a document is not telling anyone. Missing documents can lead to an adverse outcome for you in court.

Missing documents mean that your attorney is sloppy, irresponsible, or uninterested. Any of these means it’s time for a new attorney.

Your attorney should always put you first. You need to have confidence in your relationship and in the professionalism of your attorney. If you see any changes along the way like those mentioned above, it’s time to move on.

How to Find A New Attorney

What should you do next?

You see a problem developing in your court preparations. What should you do about it? First of all, you should bring your concerns to the attention of your attorney. In a calm manner, discuss what’s bothering you. This alone may get the attention you need and get things back on course.

There may be legitimate reasons for your lawyer’s inattention including health or family issues. But there may be unacceptable reasons, too, like alcoholism.

Research has shown that about 60 percent of lawyer discipline prosecutions have involved alcoholism.

But there may be other factors like a clogged court system that is backing up cases and causing delays. Or there may be uncooperative third parties your lawyer is dealing with.

In most cases, you have a right to appoint a new attorney, even after your case has started.

If you decide to get a new lawyer, do so before firing your current one. The judge may want you to always have a lawyer once your case has started.

In hiring a new lawyer, seek an attorney referral service to make sure the lawyer is qualified, certified, experienced, and has a good reputation.

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General Legal Information

Finding a Los Angeles Lawyer to Help Represent You

Sometimes a situation arises where you just need to talk to a Los Angeles lawyer. You want legal advice in some matter where you feel you have some kind of legal recourse but are not sure about how to get it.

You may feel you need a lawyer’s input to make sure you will take the right path to resolve the issue you are facing. Sometimes you wonder if there is a way to just handle things yourself, but you don’t have the experience or the confidence to take the right steps or to prepare the right documents that might be needed.

So you have to ask yourself the question: “Can I and should I represent myself?”

Should you represent yourself?

In most situations, you can represent yourself, although many companies like banks and insurance companies have mandatory arbitration or mediation clauses in the contracts you sign.  These provisions mean you have to solve disputes through a third party out-of-court.

But in court cases  where representation is possible, the other questions is “Should you represent yourself? A few instances where you might be considering representing yourself include:

  • a certain type of small claim that you want to make
  • an uncontested divorce
  • an administrative legal issue

Usually, these are the simpler legal cases where there are fewer conflicts and less severe penalties involved. The claim is generally between $25,000 and $100,000.

You may want to represent yourself in a small civil suit rather than undertake the cost of a full-time attorney or you may want to work with someone else other than a lawyer.

If you decide to handle things yourself, there are still enough issues and concerns to warrant at least some discussion with a Los Angeles lawyer. You would be wise to have a legal consultant to make sure you are doing things the right way.

Getting legal advice on strategy and tactics may cost you a little money, but not nearly the amount of having a full-time attorney handling your case. The idea is to find a lawyer, not just any lawyer, but one who is experienced in the type of issues involved in your lawsuit.

For example, conducting a lawsuit with a  personal injury attorney can be very different than conducting a lawsuit based on a contractual dispute.

What is your area of need?

There are required steps to follow and forms to file in just about every area of law. How you proceed may determine the success of your case. There are also red flags and potential obstacles to be aware of along the way.

Divorce

There are some traditions that guide usual court outcomes. For example, in a divorce case, usually the longer the marriage, the more likely you will need a lawyer. The amount of alimony or child supports a spouse is entitled to increases quite a bit after 7-10 years of marriage. So if the marriage has lasted this long, it is advisable to have a Los Angeles lawyer represent you. Though you may be considering representing yourself in the following situations, it is advised to seek legal advice.

  • If the marriage is fairly recent and there is no child custody argument
  • If there are any premarital properties or assets involved
  • If you and your spouse have agreed to dissolve the marriage in an uncontested way

On the other hand, if it is a completely “no fault” divorce, and everything has been agreed to including the division of assets and responsibilities, it is possible that there will be no court hearing or appearance at all.

Bankruptcy

You can consider representing yourself in filing for bankruptcy if you have limited assets and no creditors claiming fraud. If you file for “Chapter 7 Bankruptcy,” chances are your case will not be dismissed.

However, if you own a business and have significant assets, you may want to think about a Los Angeles lawyer in filing for “Chapter 13.”

You should be aware that a bankruptcy trustee is appointed to oversee your case and look for any potential problems like fraud or claims of fraud. Any errors on your part could lead to possible civil or criminal charges against you.

Criminal court

If you are arrested for a crime, you have a right to an attorney. If you can’t afford a criminal defense attorney, the court will appoint a Public Defender.

The Public Defender is better than representing yourself. The Defender has legal experience but does not have a great deal of time to spend on your behalf.

Representing yourself in a criminal case can be difficult and can add to your problems. Just with any kind of law there are pitfalls that a trained lawyer can assist with. If you are at an arraignment hearing alone, you could be taken into custody right away with a high bail set.

If you are unaware of legal terminology, you may test the patience of the judge.

Since a judge prefers legal representation, without it, you will not get priority treatment for hearings. You may be put at the “end of the line” and have to wait all day. If you don’t have the police report, the delay could be longer.

You must ask for permission to represent yourself, and the judge may ask you some questions to show you know what you are getting into and understand the nature of the court process.

The judge may also appoint a stand-by attorney to step in and help when needed.

You will have to make sure you do whatever research is needed and you follow appropriate protocols. It is much safer for you to have your own Los Angeles criminal defense attorney working full-time to build your case.

How should you act in court?

Whether representing yourself or working with an attorney, there are things you should be aware of to give you a better chance for a positive outcome.

  • Preparation for a court appearance starts with your own appearance. How you dress can have an effect on how you are perceived.
  • You should practice what you are going to say. If you have a testimony to give, you should practice that as well as prepare for any questions you may be asked.
  • Be mindful of what you are allowed to carry in your pockets or purse. There are some prohibited items. A Los Angeles lawyer could advise you on matters like these.
  • You should bring evidentiary documents you need as originals, not photocopies because they could be altered and challenged.
  • There are so many things to be cognizant of in a criminal case. You should take notes on testimony and be aware of what the other side is saying, and be ready to challenge or rebut anything controversial.

Knowing legal terms, how to address the judge, what are acceptable responses to questions, how to dress, where to sit, what documents are needed, what witnesses should be called, and a lot more – all these need to be considered to help you win your case.

Having an attorney makes it so much easier. The best way to find a Los Angeles Lawyer is through a qualified and certified Attorney Referral Service (ARS).

The ARS will listen to your problem and advise you on whether it is a good idea to represent yourself, and if so, how you might want to get some legal advice on how to proceed.

The ARS can also recommend an attorney who can work as an advisor or stand-by counsel who can support you as needed. This allows you to do much of the work involved in building your case but gives you the safety of having that legal backup that is so important.

How do you get started with a Los Angeles lawyer?

If you do choose to work with a Los Angeles lawyer, how do you proceed? First of all, contact an attorney early to take advantage of any free or low-cost advice and to give the attorney time to get started on your case.

It may not be possible for the lawyer to give you all the services you want within the budget you have. But many lawyers offer unbundled services or sliding-scale fees. Or they can refer you to other lawyers who can work within your budget.

Yes, you can represent yourself. But the best way to minimize your risk is with legal counsel to get you started and to stand by you when needed.

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