Legal Tips

Why a Lawsuit isn’t Always the Best Plan of Action

lawsuitYou’re living in a sue-happy society, but that doesn’t mean that all cases are good cases. If you’re in a situation that you believe prompts a lawsuit, be sure to consider these key factors before you reach out to a lawyer.

How Solid Is Your Case: This one can be tricky. When we feel wronged, we’re often swift to take action, letting emotions cloud reasonable judgment. Before you consult with a Dallas Texas criminal lawyer and file a lawsuit against your neighbor because you tripped on their sidewalk, consider what it will take to prove your neighbor was actually at fault.

Make Final Demands: Sure, you dream of settling your lawsuit for thousands of dollars and retiring off the money. However, most individuals and businesses don’t have an issue with righting the wrong if you simply ask them to do so. Take the steps necessary to make your grievance known and allow the opposite party time to correct before attempting to drag someone to court.

Will You Be Able to Collect: Just because a judgment is issued doesn’t mean an individual can afford to pay you what you feel you’re owed. Before diving in to a costly lawsuit, consider the financial situation of the party you’re looking to sue.

Can You Afford a Lawyer: Lawyers are expensive – and with good reason. They make their entire life about your case. Search average billing rates for lawyers in your area to determine if you have enough resources at your disposal to hire a lawyer.

Can Your Case Be Handled in Small Claims: We’ve already determined that lawyers are a costly investment. However, if your case is solid enough to bring to court, consider the amount in damages you are seeking. If the amount is less than $5,000, chances are you can be heard in small claims court. An added bonus – you might be allowed to represent yourself, saving on lawyer fees.

Lawsuits are everywhere. We read about them in the news and watch them on television. But while filing a lawsuit may seem like a quick fix, it’s a very large decision. Be sure to research the facts prior to calling a lawyer. Chances are you’ll save yourself both time and money.

I Think I Need a Lawyer – Family Law

What is Family Law?

family lawyerIf you’re getting married, going through a separation or annulment, adopting, taking guardianship of a child, or even experiencing domestic violence, you may need to invest in a Family Lawyer. Family law covers a variety of topics concerning the law. Often, parties are involved with one another by marriage or by blood – but not always.

When we think of family law, we often get images of emotionally charged cases. These can be bitter divorces, the sudden passing of a parent or similar. While many family law cases can be emotionally taxing, they can also be harmonious and respectful. Below are several instances where you may want to consult with or invest in a lawyer.

 

Separation or Annulment

Separation, or divorce, and annulment are examples of court procedures that end a marriage. While a divorce often has a negative connotation, the legal process and final outcome can be quite positive.  Unlike a divorce, an annulment essentially treats a marriage as though it never existed.

 

Child Custody or Visitation

There are many reasons why personal relationships don’t work. Whether you were married or not, you may want to speak with a family lawyer on the topic of child custody or visitation if you and your partner had a child. There are a variety of custody types including legal custody, physical custody, sole custody and joint custody. There are also different types of visitation including noncustodial parent visitation, supervised visitation and grandparent visitation.

 

Guardianship

A guardianship tends to be for children who can no longer be cared for by their parents as well as individuals over the age of eighteen that have been declared mentally or physically incapacitated. There are several types of guardianship that may be considered in court including limited guardianship, co-guardianship, a guardian of property and guardian ad litem.

 

Domestic Violence

Violence within a relationship can be devastating. Unfortunately, it can exist in many relationship forms including married, unmarried, heterosexual or homosexual. While most individuals feel that the law only applies to married women in violent relationships, the scope of this law reaches much further.

No matter what difficulty your family is facing, a family lawyer can be immensely helpful.

Durable and Temporary Power of Attorneys

One of the most difficult things to deal with is incapacitation. It can occur for many reasons and doesn’t just mean illness, you can also be considered incapacitated due to circumstances such as prolonged unavailability due to travel or imprisonment. This is where the power of attorney comes in. You can legally assign your decision making rights to another person so your business is properly taken care of when you are incapacitated – for assistance on this matter, contact a immigrant lawyer Denver. The number one mistake people make is that they do not plan for this in advance and the courts are left to award the power. Preventing that is easy.

What is a temporary power of attorney?

power of attorneyA temporary power of attorney usually has limited powers and is for a defined set of time. For instance, if you are going on a world cruise you may want to set a limited or temporary power of attorney up so that the person you want can respond to emergencies while you are away. You don’ t have to give them the power over everything in your life, you can set limits. The limits also apply to the extent of your being away or incapacitated. Many people also set up a temporary power of attorney when they have surgery to cover the period of time they are rendered legally incompetent due to anesthesia.

What is a durable power of attorney?

This is what is used when a person is no longer deemed to be competent, or is considered to be mentally incapacitated. It doesn’t have to be permanent, it just has a set of conditions attached to it so if the person recovers they can rescind the power. This is coming into play more and more as the population ages and more people are living longer with conditions such as Alzheimer’s.

Setting them up early is best

You can’t predict the twists and turns your health and the future will take. It is always best to set up your power of attorneys, and the definition of when they come into effect before there is a need for them. This lets you relieve a lot of stress on yourself, your family and everyone who depends on you as there is a plan in place for what to do.

Always having the right type of lawyer

Lawyers understand that once you have built a relationship is can be hard to accept that you may need another criminal defense attorney for certain types of work. Having a lawyer is much like having a doctor or therapist, they know you intimately and there is a sense of trust. When you need to have some estate work done it can seem like a perfectly good idea to have your contract lawyer take care of it, but it is not.

Lawyers specialize for a reason

A lawyer doesn’t just handle accidents or real estate because they get a lot of those types of cases, they actively specialize in different areas of the law. Law is complicated and one precedent or type doesn’t have a lot in common with the other. Yes, they may all deal with filings, motions and courts – but how they deal with them is varied.

choosing a lawyerYou want a specialist, not a generalist

There are some general lawyers and they can be very effective with none priority filings. If you have anything complicated, you really need to have a specialist lawyer. Think about it. You may love your PCP, but .when it comes time to have surgery you really want a specialist. Your PCP may be fine with doing small surgeries in their office that don’t require general anesthesia, but there is more at risk with a major surgery. The same holds true with lawyers. The lawyer who checks your contracts to make sure all the clauses are agreeable isn’t going to be able to see your estate in the same way. The goals and priorities for each area of practice are different even for a Boston massachusetts criminal attorney.

Should you ask for a recommendation?

Most lawyers work in groups or have solid networks in the local area of other lawyers they trust. If your lawyer knows you well, chances are they will know who you will work well with too. Ask for a recommendation but then follow through and have a consultation with the other lawyer and weigh whether or not they are the right fit for you.

Our recommendation is Frank Fernandez. Frank Fernandez handles all criminal cases.