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Category: SFVBA News

Categories
SFVBA News

Why You Should Consider an Attorney Referral Service

Why You Should Consider an Attorney Referral Service

Why You Should Consider an Attorney Referral Service

How do you find a good lawyer these days?

You might be in a car accident or get injured at work – and your company might not have Workers’ Comp. Or maybe you will be harassed at work and your company does nothing about it.

Maybe you are considering a Will and Testament. Or you are a business person and want to protect your investment or patents, or maybe you have to file for bankruptcy. Maybe you have landlord-tenant issues.

You may have been unjustly accused of a crime.

And you need the best defense lawyer you can find – and afford.

The list of possible problems is almost endless as is the diversity of lawyers who can help you solve them.

Lawyers are specialists: No “one size fits all”

There are many branches of law and lawyers who are specifically trained in each of them. You don’t need just a lawyer. You need a lawyer in a specific area who understands the nuances of the law as they apply to your particular case.

Legal Specialties

Here are some of the legal specialties and kinds of lawyers you might consider:

  • Bankruptcy Law
  • Business Law
  • Criminal Law
  • Employment Law
  • Disability Rights Law
  • Immigration Law 
  • Intellectual Property Rights
  • Landlord/Tenant
  • Legal Malpractice
  • Maritime/Admiralty Law
  • Medical Malpractice
  • Divorce
  • Military Law and Veterans Benefits
  • Elder Abuse/Benefit Claims
  • Family Law (LGBT Family Referrals too)
  • Personal Injury
  • Probate and Wills
  • Real Estate Law
  • Trusts and Estate Planning
  • Tax Law
  • Worker’s Compensation

Each of these legal areas has its own subset of legal considerations and processes. For example, in Business Law, an attorney may deal with patent, trademark or copyright infringement. He or she might deal with contracts or leasing arrangements.

The business owner may have problems with debt collection, asset management, or business immigration. A “generalist” attorney may not have the experience to deal with these specific challenges.

If bankruptcy is involved, a business owner is not able to pay his debts, and he will have to liquidate assets in order to pay back debtors or come up with a structured repayment program going forward

The DIY route is dangerous

Might you be tempted to defend yourself (“do it yourself”) in some cases?This is not always possible because some firms like banks and insurance companies have mandatory arbitration clauses that you may have signed. This would mean you have to solve disputes through a third party, and not through the courts.

But if you are able to represent yourself, should you? Are you willing to risk the outcome on your ability to understand the legal process enough to follow all the required processes and protocols? Do you understand and can you use all the legal terms accurately?

In the case of Business Law and bankruptcy, for example, the business owner would have to know federal and state rules with regard to bankruptcy and be prepared to follow all proper procedures. A small mistake can halt proceedings very quickly.

The owner would have to attend all meetings and court proceedings, as well as communicate with all creditors about court details and settlement offers, and handle all negotiations.

If the owner were unable to contact a certain creditor or had difficulties getting the right person to talk to, then he would have to face the consequences which might mean putting his filing in jeopardy.

Choosing the right lawyer can prevent or at least minimize procedural problems in any area of law. But what if you choose the wrong one to represent you?

Selecting the wrong lawyer can double your trouble

You already have a legal problem to solve (i.e. bankruptcy). You have decided not to try to file the papers yourself. You see an ad for a bankruptcy attorney in your town, and you hire him. The fee seems reasonable and his office is 10 minutes away.

If things go well, you are fortunate. But what if that lawyer claimed to know bankruptcy law but hasn’t had much experience in the specifics of that specialty? He might be the town attorney or a friend of a friend who recommended him.

What if this lawyer messes up, and you lose your case? Do you have any recourse?

The best way to protect yourself is by hiring a certified attorney who is qualified in the area of law you need, He should also be insured.

It’s important to have legal malfeasance insurance. Without it, if your case is stopped for whatever reason, you are out the money you spent on filing and court fees. You have wasted your time as well.

This doubles your trouble because not only have you lost time, money, and probably your case but also you now have to deal with the malpractice suit.

It’s better to start with the certified, qualified, insured attorney who knows how to represent you and your best interests.

An attorney referral service minimizes your risks

Finding the right attorney on your own, therefore, can be risky. There is a better way to protect you, and that is through a certified attorney referral service (ARS), Legal representation is your first need. A qualified ARS will ensure that you get that.

A qualified ARS is approved by the American Bar Association and certified by the state in which it operates. The ARS provides an upfront consultation, usually at no, or minimal, cost, and then advises you on how to proceed.

The range of services is attractive and compelling. The ARS may suggest ways for you to get help from free sources, or advise you in those rare cases when you might be qualified to represent yourself with “Limited Scope” legal assistance.

Perhaps going to Small Claims Court is the best solution for you. Maybe you can get free legal aid for a rent control problem by going to a rent control board.

The ARS may have special programs for community groups like seniors or those with modest means. The ARS may refer you to an attorney who offers a reduced fee in some cases.

You may have a Civil Rights issue or want to improve the economic, cultural, social, or environmental well-being of your community, which happens to be a disadvantaged or underserved community. The ARS might be able to point you toward free resources.

In any case, a highly qualified and certified ARS will find and recommend the solution you need, whether it’s a free resource, reduced-fee resource, or dedicated attorney in your area of law who will fully represent you.

Categories
SFVBA News

Welcome to the Attorney Referral Service!

As co-chairpersons for the past four years of the SFVBA Attorney Referral Service (ARS) Committee, we have been humbled by the many brilliant lawyers who have both dedicated their talents and time to make the Valley a better place for those seeking legal services. The ARS is positioned to provide the maximum benefit to those we serve and to provide meaningful referrals to our highly qualified members. This includes, on occasion, a seven figure case.

We still find it incredible that the ARS remains largely unknown or misunderstood by our members at-large. When we speak to members, we receive many questions. Isn’t that just a free legal service? How does it work? Where does the money go? These are all legitimate questions and concerns and this article should help you answer them and reach the conclusion that the existence of the ARS is a win-win for lawyers and the community.

For those of you who have not really considered the ARS, here are the basics. The ARS is a panel of San Fernando Valley lawyers that must meet basic qualifications in their respective areas of law. It is not automatic that an applicant will be accepted onto a respective panel. The ARS committee considers applicants’ backgrounds and experience before allowing attorneys’ participation. ARS panel members must meet ethical guidelines and carry the requisite malpractice insurance. Depending on the particular area of law, applicants must have real world trial experience or a significant number of verifiable cases demonstrating expertise in that area. When a referral is made to an ARS panel member, the prospective client does not get a novice!

The ARS annual membership fee is negligible and the “payback” to the bar association is only 15%, far less than most private referral arrangements. There is no good argument against receiving such referrals. In addition, panel members have benefitted from some absolutely blockbuster referrals. A recent case was settled for seven figures and an important and valuable class action is working its way towards a resolution. While not all referrals from ARS are blockbusters, the majority mirror the types of cases and referrals a lawyer or law firm receives over time.

The money received by the ARS sustains the program and provides funds for low-cost or free legal services and charities for those in need. It truly is a public service that you can feel great about joining!

In addition to pre-qualifying panel members, the ARS Committee oversees the marketing to the public to make them aware of this extremely valuable service. The ARS posts phone numbers at local courthouses and participates in other local outreach programs. In the past, the ARS could simply sponsor a community event or purchase a booth at a farmer’s market. Because the public needed access and had little in the way of options, the ARS was a natural fit and answer to these concerns. Times, however, have changed and the ARS is coming around to meet 21st century marketing needs.

Admittedly, the ARS was slow to adapt to the new marketing reality that many people find lawyers online and that law firms guard referrals as a valuable source of revenue and reciprocal cooperation. But the ARS is a valuable spoke in the wheel of this changing model.

Recently, the ARS Committee rolled out its new, fully optimized website which can compete with the largest and best funded law firms. The website is informative and easy to use. It cuts across many disciplines and provides the public with an extremely viable online option from a trusted and verified source. The hook is that ARS lawyers are vetted, qualified and insured! Other law firms online are really just advertising in comparison.

Hands down, the best source of referrals to the ARS is other lawyers and law firms. Invariably, a member of the public will call your law office and inquire about an area of law you do not handle. Of course, you may refer the matter to a colleague who may pay you a referral fee or provide reciprocal referrals. We are not asking anyone to change this process, though we always appreciate those first line referrals. We are asking for all San Fernando Valley lawyers and law firms to commit to referring all other inquiries and cases directly to the ARS. Every law firm receptionist should have the ARS phone number handy and be able to direct a call in an instant.

So where does the ARS fit into your marketing plan? All lawyers should consider the ARS as a valuable tool in the arsenal of their plan to get new clients. Experienced solo practitioners and established law firms should be throwing their hats into the mix. And young lawyers should be contacting the ARS to find out what requirements are necessary to qualify, and then, as soon as possible, try to join the ARS as a panel member. This is a great way to expand your new practice and gain access to clients. The ARS is a viable low-cost addition and there is simply no reason for a Valley lawyer not to join the ARS panel.

Categories
General Legal Information SFVBA News

Aliso Canyon Gas Leak: Know Your Rights

Since October of last year, SoCal Gas’s reservoir at Aliso Canyon has been leaking methane and other natural gases. SoCal has been trying to cap the leak and stop the flow of natural gas, but has so far been unsuccessful. Meanwhile, thousands of residents have had to evacuate the nearby areas because of health and safety concerns. What does the Aliso Canyon gas leak mean for you?

How Did The Aliso Canyon Gas Leak Happen?

SoCal Gas and other utilities store natural gas in large reservoirs so they can provide it to the public on demand. The reservoir at Aliso Canyon provides natural gas to 21 million customers and 14 power plants. Natural gas is difficult to contain and leaks are common, so employees didn’t immediately panic when they first noticed a leak in late October. However, the leak still hadn’t stopped after several days of attempted fixes.

Natural gas wells reach deep underground, meaning it’s very difficult to make repairs. So, many wells are equipped with safety valves so that they can be shut off from above ground to prevent further leakage while the time-consuming repairs are made. However, the well that’s leaking in Aliso Canyon has no safety valve – it was removed in 1979 because it was old and leaking. Regulations require that “critical wells” – those within 100 feet of roads or parks or within 300 feet of homes – have safety valves. The Aliso Canyon well was far enough away from any homes or roads that it wasn’t legally required to have a valve. So, SoCal Gas declined to replace the one they removed in 1979.

To make matters worse, the well itself was old and in poor repair. Modern natural gas wells are sealed in cement from the surface to the bottom to prevent the steel pipes from corroding and cracking underground. Older wells, like the one that’s currently leaking, weren’t cemented along their entire lengths. After decades underground, exposed to water and dirt, the steel pipes wear out and leak – that’s how the Aliso Canyon gas leak happened. Natural gas is now spewing out from a leak in the exposed pipe hundreds of feet underground and coming up through the ground into the air.

Why Can’t They Stop It?

Because the leak is so deep underground, SoCal can’t simply patch it. There are a number of methods that can be used to stop a natural gas leak, including pouring a heavier liquid down the well to stop the natural gas from flowing out. SoCal Gas has tried that method a number of times but have been unsuccessful. Now, the only way to stop the leak is to drill a relief well that will intercept the leaking well 8,000 feet underground. The work will take months. Workers must move slowly and cautiously – the natural gas welling up from the ground could cause the hillside to collapse or could even explode.

This single leak has released more methane than burning 850 million gallons of gasoline would. It’s been flowing for 3 months and the relief well won’t be completed before the end of February, at the earliest.

What Does This Mean For Me?

The natural gas itself is odorless and colorless but it’s treated with chemicals called “odorants” so that people can smell a leak if it happens in their homes. SoCal Gas reports that the natural gas itself is harmless, adding that it dissipates quickly enough to decrease the risk of ignition. It also states that the odorants used to make the gas smell are harmless at the concentrations used in natural gas.

That said, the smell in the surrounding area is strong and many people are complaining of nausea, vomiting, headaches, rashes and other side effects from exposure to the gas and odorants. As a result, more than 6,500 homes in the Porter Ranch area have been evacuated.

If you feel nauseated or develop other symptoms and live near the leak, you should leave the area immediately. Note that the gas is invisible but you will probably be able to smell it. SoCal Gas is providing free accommodations for those displaced by the leak; you’ll need to call SoCal at 404-497-6808 to get your accommodations.

Legal Issues Surrounding The Aliso Canyon Gas Leak

SoCal Gas is facing a number of lawsuits from regulatory agencies, including local air regulators and the Los Angeles DA. The suits allege that SoCal knew about the leak for days before reporting it, that it failed to act quickly enough to stop it, and that it was negligent in designing, constructing, and maintaining the well, among other concerns. In addition, many residents of the areas affected by the Aliso Canyon gas leak have filed their own lawsuits against the utility. One of those suits alleges that the leak caused the wrongful death of a local woman.

If you’ve suffered health problems due to the leak, you may be entitled to compensation from SoCal Gas. You may also be entitled to compensation if you were forced to evacuate your home or business. Utility companies deal with dangerous and volatile substances all the time and the law holds them responsible for the safety of the public.

If you were affected, you should speak to an experienced local attorney as soon as possible to learn about your legal rights and options. SoCal Gas also allows you to make a claim directly through its website, but it’s best to consult with an attorney to ensure that you’re getting everything you deserve. Once you accept a settlement, you lose the right to ask for more later.

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