how do you make sure your own lawyer is being legal and honest when handling yout deceased patent

Is it possible to handle probate yourself?

Nov 09, 2009 · Step 1: Read the contract with your attorney. Step 2: Read the contract with your attorney. Step 3: ask for an accouting in writing of what he think the settlement and disbursement will be. Step 4: If you don't agree with it hire an attorney.

What should I do if I'm Not satisfied with my lawyer?

Sep 26, 2015 · 1. Pick a jury. If you are in civil or criminal court, you have the option of using a jury to decide your case. In criminal trials, the jury usually has 12 members. In civil trials, the number can vary by state, with juries of 12 or 9 being common. In civil trials held in state courts, jury verdicts do not always have to be unanimous.

How do I find a probate lawyer as an executor?

Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.

What to do if your lawyer stole from you?

May 02, 2022 · To sue lawyer for negligence, you need to be able to prove the attorney didn't use the proper care in your case and missed a deadline, filed the wrong papers, didn't comply with court orders, or made other errors that were not intentional but were sloppy. Negligence happens when the attorney makes mistakes that other attorneys normally would ...

Can someone steal your inheritance?

Can my brother steal my inheritance?

How do you deal with unequal inheritance?

How do I protect my inheritance from siblings?

How do you deal with greedy family members after death?

Should siblings receive the same inheritance?

How do you split property between siblings?

How do you control how heirs spend your money?

How do you divide inheritance?

What is considered a large inheritance?

What happens when one sibling is living in an inherited property and refuses to sell?

When multiple siblings inherit a house?

Can you represent yourself in probate court in Florida?

Not all courts will allow you to appear “pro se.”. For example, Florida probate courts will allow you to represent yourself only if the executor is the sole beneficiary or if the estate is very small. All other people appearing in Florida probate court need a lawyer.

Do you need a lawyer for a civil trial?

In a criminal trial, for example, you should certainly have a lawyer. Furthermore, you will also need an attorney for civil trials where you face over $100,000 in damages. You can get by without a lawyer if you are in small claims court. Also, you may be able to successfully represent yourself in a civil trial that is worth $25,000 to $100,000.

Why do people want to represent themselves in court?

People want to represent themselves in court for a variety of reasons. For example, they may be involved in a civil trial but cannot afford a lawyer. Although defendants have the right to an attorney in a criminal trial, they do not have the same right in a civil trial. Furthermore, some people feel that they can handle their case better ...

Can you bring a different case in each system?

Different cases can be brought in each system. If you are the plaintiff in a lawsuit, you will need to learn the difference so that you can bring your suit in the correct court. As a general rule, you should file a case that deals with state law in state court.

How long do you have to go to jail for a personal injury claim?

Court-appointed attorneys. In a criminal case, you are entitled to a court-appointed attorney if you face at least six months in jail.

How long can you be in jail for a criminal case?

Court-appointed attorneys. In a criminal case, you are entitled to a court-appointed attorney if you face at least six months in jail. You can also have a lawyer appointed as “stand by” counsel. Stand-by counsel can answer questions, look over any forms you must fill out, and appear in court with you.

What to do if your lawyer doubts you?

Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.

Can a lawyer take your money?

While lawyers can certainly take your money and your time and we can file a case that will be very hard to win, if you don't care enough about your life to get a contract, the judge is not very likely to be on your side. At least, not automatically. Oral contracts are extremely hard to prove. What are the terms.

What happens if you don't pay your lawyer?

If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.

What is the difference between a lawyer and a client?

Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

What to do if no one can confirm a story is true?

If no one can confirm that the story is true, you will at least need something external, such as a hard copy document, to prove your case. Be prepared.

What to say when a judge can see your boobs?

If the judge can see your boobs, he's not listening to your story. If I can see your boobs, then I know you didn't care enough about yourself to talk to an attorney. Dress like you are going to church. Credibility is one of the most important things in this world - and most important in a courtroom.

Do juries get it right?

While juries usually get it right, sometimes, it's not about whether a particular matter is emotional or simple, complicated or straightforward. Sometimes people make decisions on who has the nicer suit, or who is more pleasant to deal with. So even if your case is good or even if it's not so strong.

What to do when you hire an attorney?

When you hire an attorney, you do so with trust and confidence. Most attorneys are upstanding and do a good job for their clients. Unfortunately, there are also some bad eggs out there. If your attorney has done something wrong, you may want to consider suing a lawyer for malpractice.

Can an attorney be disbarred?

The attorney could be disbarred or directed to pay you compensation. If you are disputing a fee with your lawyer, the state also likely has a fee dispute committee that can help you obtain an out-of-court resolution. You can hire another attorney to complete or fix your case and obtain the outcome you need.

How to win a malpractice case?

To win when you sue an attorney for malpractice, you need to show that: 1 The attorney was supposed to do something 2 He or she didn't do it (or did it wrong) 3 This resulted in a financial loss to you (losing the case or losing money)

What do you need to show when suing an attorney for malpractice?

When suing an attorney for legal malpractice, you will need to show that the attorney did not use the ordinary amount of skill and care that most attorneys use in similar situations.

How to win a lawsuit against an attorney for malpractice?

To win when you sue an attorney for malpractice, you need to show that: The attorney was supposed to do something. He or she didn't do it (or did it wrong) This resulted in a financial loss to you (losing the case or losing money)

Can you sue a lawyer for negligence?

To sue lawyer for negligence, you need to be able to prove the attorney didn't use the proper care in your case and missed a deadline, filed the wrong papers, didn't comply with court orders, or made other errors that were not intentional but were sloppy.

What happens if an attorney fails to do something he or she agreed to in your contract?

If the lawyer promised to do something he or she was contractually obligated to do and didn't do it, you have grounds for breach of contract.

What to do if you lost money because of a lawyer?

If you lost money because of the way your lawyer handled your case, consider suing for malpractice. Know, however, that it is not an easy task. You must prove two things:

What to do if your lawyer doesn't work?

If that doesn't work, as a last resort you may need to sue your lawyer in small claims court, asking the court for money to compensate you for what you've spent on redoing work in the file or trying to get the file.

What happens if a lawyer doesn't return phone calls?

A lawyer who doesn't return phone calls or communicate with you for an extended period of time may be guilty of abandoning you -- a violation of attorneys' ethical obligations. But that's for a bar association to determine (if you register a complaint), and it won't do you much good in the short term.

What to do if your lawyer is unresponsive?

If the lawyer is unresponsive and the matter involves a lawsuit, go to the courthouse and look at your case file, which contains all the papers that have actually been filed with the court. If you've hired a new lawyer, ask her for help in getting your file. Also, ask your state bar association for assistance.

Where to go if you are not satisfied with your lawyer?

If you're not satisfied with your lawyer's strategy decisions or with the arguments the lawyer has been making on your behalf, you may even want to go to the law library and do some reading to educate yourself about your legal problem.

What is the defense of a lawyer who is sued for malpractice?

A common defense raised by attorneys sued for malpractice is that the client waited too long to sue. And because this area of the law can be surprisingly complicated and confusing, there's often plenty of room for argument. Legal malpractice cases are expensive to pursue, so do some investigating before you dive in.

What is the agency responsible for licensing and disciplining lawyers?

Every state has an agency responsible for licensing and disciplining lawyers. In most states, it's the bar association; in others, the state supreme court. The agency is most likely to take action if your lawyer has failed to pay you money that you won in a settlement or lawsuit, made some egregious error such as failing to show up in court, didn't do legal work you paid for, committed a crime, or has a drug or alcohol abuse problem.

How to sever a relationship with an old lawyer?

When you're ready to sever the relationship with your old lawyer, send a certified or registered letter that clearly states you are terminating the relationship, and that the lawyer is to cease working on any pending matters.

What to do when you meet with a new lawyer?

If you are a party to litigation, confirm that your new lawyer will notify the court as to your change in representation. When you meet with new lawyers, don’t bad-mouth your old one. Remember, the legal community can be small, and you may be speaking about someone’s close friend or former colleague.

Why doesn't my attorney understand my case?

This might be due to the lawyer being new to the practice, venturing outside his or her primary area of expertise , or just not being as sharp as you'd like.

What to do if your lawyer doesn't understand your goals?

If you feel that your lawyer simply doesn’t understand your goals and aspirations, you are not obligated to continue to the relationship . If, upon reflection, you think you have a valid beef with your attorney, first talk to him or her about the problem.

How to end a lawyer's representation?

Steps to Take to End Your Lawyer's Representation of Your Case. Once you've definitely decided to change attorneys, there are still a few things you should do before notifying him or her of the change. Review the written agreement or contract you might have with the attorney, sometimes called a retainer agreement.

Does an attorney communicate with you?

The attorney does not communicate with you. An attorney who does not respond to your repeated emails, phone calls, or questions can be not only annoying, but ultimately prevent you from working as a team to successfully complete or resolve the matter at issue.

How to handle probate?

The conventional way to handle a probate is to turn it over to a local lawyer who's experienced with this area of the law. You can't exactly sit back and relax—it's still your responsibility to gather and safeguard assets, pay bills, and take inventory, just for starters. But you may feel better knowing that an expert is handling all the court-related tasks, which in a probate usually means preparing and filing paperwork. (Unless there's a dispute, which is rare, there won't be any adversary proceedings in the courtroom.)

What can a lawyer give you?

The lawyer can give you a list of important dates— for example, when is the cutoff for creditors to submit formal claims, and when will the final probate court hearing be held. Talk to a Lawyer.

Is it necessary to have a lawyer to wrap up an estate?

You can take on a lot of this work yourself; a lawyer is not required.

What to do if you don't think your attorney is handling your case?

If you don't think your attorney is handling your case with competence, it's important to find someone with whom you feel more comfortable. Firing your attorney might be the best way forward if any of the following circumstances apply to your situation: Your attorney has been dishonest with you.

What to do if your attorney doesn't understand your case?

If it turns out that your attorney doesn't seem to adequately understand your case, and his or her decisions have been detrimental instead of helpful, you should fire your attorney. Hiring an attorney to get a second opinion usually isn't that expensive, since it only requires a few hours of the second attorney's time.

Can you fire an attorney?

You always have the right to fire an attorney, especially if you feel he or she isn’t acting in your best interest. However, before you do, you should carefully consider the costs and time you’ll need to spend on finding another attorney.

Can you tell if your attorney is doing a good job?

You're concerned that your attorney isn't doing a good job. It might be difficult to tell whether your attorney is doing competent work on your case. Before firing your attorney, it's worth investigating a bit to see if the work they're doing seems legitimate. If it doesn't, you'll need to pull the plug.

Can you fire an attorney over personality?

If it doesn't, you'll need to pull the plug. You really dislike your attorney's personality. Firing your attorney over a personality conflict isn't ideal, so it's best to do what you can to make it work. You don't necessarily have to like your attorney - especially if he or she is doing a fine job on your case.

What to do if your attorney doesn't outline a process for terminating the relationship?

If your agreement doesn't outline a process for terminating the relationship, send a certified or registered letter to the attorney's place of business, stating that you are terminating the professional relationship and that he or she should immediately cease working on any and all matters related to your case.

What to do if your attorney mishandled your case?

If your attorney mishandled your case, completely stopped communicating with you or made a serious mistake, you might want to file a complaint with the entity that oversees the practice of law in your state. Filing a complaint will start a process in which the attorney's work is reviewed by a disciplinary board.

How to avoid probate?

1. Write a Living Trust. The most straightforward way to avoid probate is simply to create a living trust. A living trust is merely an alternative to a last will. Unlike a will, which merely distributes your assets upon death, a living trust places your assets and property "in trust" which are then managed by a trustee for the benefit ...

How to keep your house out of probate?

Another great way to keep your real estate out of probate is to consider holding your property jointly. If you and a spouse or significant other are thinking about purchasing a first home or even already own you own house, owning jointly allows the property to pass automatically to your significant other without having to go through probate. It doesn't matter if you are married or not. If the property is designated a jointly held property it is going to go to the surviving member of the couple.

Is a last will better than a trust?

For some, a last will is often a better fit than a trust because it is a more straightforward estate planning document. Yet, just because you have written a will doesn't mean that all of your assets have to pass through probate. What most people don't realize is that many of our most valued assets allow us to name beneficiaries. In fact, you may not have realized that the bank account you opened when you got your first job probably enables you to designate a beneficiary that is payable on death.

What is payable on death?

Payable on death accounts include life insurance policies, pension plans, 401K plans, IRA accounts, stocks and bonds. All you need to do to get yourself started is to request and fill out the payable on death forms that your brokerage company or bank can provide.

Do you have to go to court for a will?

Preparing a will, a trust, a power of attorney, or another estate planning instrument does not require going to court. The document does need to meet certain technical requirements, depending on the state. You may want to consult an attorney if you have substantial or unusual assets or a complex plan for distributing them. There are many types of trusts, for example, each with its own advantages. If you change your mind after making an estate planning instrument, you can modify it on your own at any time. You may need to take certain steps to make sure that the most recent version will be found valid.

What are some legal matters that do not involve litigation?

Often, you can simply complete forms to get a divorce, leave your assets to loved ones, buy or sell a home, start a business, or handle other aspects of your personal or professional life. These forms and the requirements for completing them will vary depending on your state. Even if you do not need to fight a battle in court, you may still benefit from the guidance of an attorney. When a lot is at stake, an attorney can help you make sure that you are not overlooking any pitfalls and that you understand your rights and obligations. If you would prefer to avoid the cost of hiring an attorney, however, there are plenty of free legal resources online to guide you, including this site, the websites of various non-profits, and government websites.

How to get copyright protection?

You can get protection for patents, copyrights, and trademarks by filing an application with the appropriate branch of the federal government. This would be the U.S. Patent and Trademark Office or the U.S. Copyright Office. You would need to complete a detailed application that explains how your work meets the requirements for that type of intellectual property. The federal government may request more information before making a decision. If you are unsure about whether you will receive protection, or if you suspect that your claim will meet resistance, you may want to retain an attorney to help you complete the application and present your claim persuasively.

Do you have to go to court when buying a house?

Buying or selling a home is a major step to take, but you do not need to go to court unless the process severely breaks down. The main legal document in a property transaction is a purchase and sale agreement, which will outline the rights and obligations of the buyer and the seller. You can retain a real estate attorney to help negotiate the provisions in this contract, and some states require an attorney to assist at a real estate closing. However, you can also handle negotiating and finalizing the agreement on your own, working directly with the other party. Once the parties have agreed on the terms, the resulting contract is binding on each of them.