If you are being sued and the consequences of a loss may result in the loss of a good deal of money or property, you need a lawyer. Again, the other side has a lawyer, so you need to get one too.
Still, whether it's a divorce or you're being taken to court for something else, if you don't have a lawyer, a logical move would be to call the courthouse and ask who they would suggest going to. You think you're the first person who couldn't afford a lawyer?
You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense. See also this. Yes. However they will just stop interrogating you.
A lack of communication causes many problems. If your lawyer appears to have acted improperly, or did not do something that you think he or she should have done, talk with your lawyer about it. You may be satisfied once you understand the circumstances better. I have tried to discuss my complaints with my lawyer.
While you may discuss the case with them if you wish to do so, you do not have to talk to them. The choice is entirely yours. The Assistant United States Attorney may discuss some parts of the case with you to inform you and prepare you for testifying.
If a witness in a criminal case refuses to testify, he or she could be found in contempt of court. Being in contempt could result in jail time and/or a fine. A victim in a domestic violence or sexual assault case, however, cannot be jailed for refusing to testify.
Regrettably, even the most discerning clients can hire an attorney who simply will not call them back. It's frustrating. As a general rule, give your lawyer 1-2 days to return your non-urgent phone call; very often, your lawyer may be out of the office for a half-day, whole day, or longer if he/she is in court.
You should request an attorney immediately if you are being questioned about a crime and you may be the target of the investigation. You should request an attorney if the answers may incriminate you. Perhaps just as importantly, you should request an attorney if you are not sure.
A witness can, at any time, refuse to answer a question by claiming protection under the Fifth Amendment. The person testifying is the defendant in a criminal case: This is an extension of the protection under the Fifth Amendment. Criminal defendants can never be forced to testify.
The right to silence is literally the right to remain silent – the right to not say anything, give information or answer questions. Even if the Police ask you a direct question, you have a right to not answer it. You are not obliged to say anything.
This is how the practice of law is supposed to work. So often when a lawyer does not return your call for a few days it may simply mean your lawyer is busy getting some important work done in your case or in another client's case. There is nothing going on with your case.
You should never be afraid or feel like an intrusion to contact your attorney every three weeks or so, or more frequently if there is a lot going on with your health or other matters related to your legal case. There is of course a limit to how much you should be contacting or sharing.
Response or default: Once the case is filed, you generally have 30 days to respond to the lawsuit. If you do not respond, you will be in default.
Attorney vs Lawyer: Comparing Definitions Lawyers are people who have gone to law school and often may have taken and passed the bar exam. Attorney has French origins, and stems from a word meaning to act on the behalf of others. The term attorney is an abbreviated form of the formal title 'attorney at law'.
In the Miranda decision, the Supreme Court spelled out the substance of the warnings that officers are required to give to you, either in writing or orally, before questioning you: You have the right to remain silent. Anything you say can and will be used against you in court. (5th Amendment)
In general, you do not have to talk to law enforcement officers (or anyone else), even if you do not feel free to walk away from the officer, you are arrested, or you are in jail. You cannot be punished for refusing to answer a question. It is a good idea to talk to a lawyer before agreeing to answer questions.
Defendants who have personally hired attorneys always fare better than those who do not or those who take a public defender. Remember, a public defender is on case overload, and will usually recommend a plea bargain that will be worse than what a private attorney could get you. If you qualify financially for a public defender, still try to find a friend or relative willing to pony up the money for a lawyer.
Lawsuits That You Do Not Want to Contest. If someone is suing you and you know in advance what they are asking for and are willing to pay the amount, you can simply plead no contest, appear in court without an attorney, or not appear at all. If you don’t appear, a summary judgment will be issued against you.
Facing any criminal charge is scary, and you may not even know your rights as an accused person. Get a lawyer immediately for protection of your rights and so that you are defended as well as possible — guilty or not.
A good lawyer can meet with the prosecutor and get the charges reduced, especially if this is your first offense. Never go to court on a DUI charge without a lawyer — unless you are willing to accept the maximum penalty.
If you cannot afford an attorney, one will be appointed for you. If you wish to waive your right to an attorney and answer questions, you may stop answering at any time.”. You can request an attorney. If you do, at the point the interview is over and if you are in custody, you will be taken to jail.
Continue Reading. There’s no set time. Police procedurals like Law and Order have popularized the idea the police can hold you for 24 hours without charge, but that’s not a blanket rule. When you are being interrogated as a suspect in a crime but not under arrest, you are subject to investigative detention.
Under the Sixth Amendment to the United States Constitution, you have a right to have an attorney present for any and all questioning. And, if you cannot afford an attorney, one must be appointed for you by the Public/Indigent Defender's Office.
A conviction can require you to reimburse the government for the cost of the attorney. Yes, you can demand an attorney. The questioning does not have to stop. If the police continue the interrogation (without your lawyer present), your statements and answers cannot be used in court against you.
You can always refuse to answer questions, and you can always demand the assistance of counsel. However, doing so doesn’t mean that you will be immediately released, or that the police will conjure up a lawyer for you immediately. If you ask for the assistance of counsel, questioning will stop.
A lawyer can keep them from getting this evidence in many cases, even if you're guilty! So, yes, by all means, invoke your right to an attorney and, from that point forward, don't talk to them about the case, or about anything else for that matter! Tim Dees.
Police do not have to read them to you, but by not doing so, and giving a statement becomes a voluntary occurrence. If you demand a lawyer, they have to stop all questions. You have the right to remain silent. Anything you say can be used against you in court.
A lack of communication causes many problems. If your lawyer appears to have acted improperly, or did not do something that you think he or she should have done, talk with your lawyer about it. You may be satisfied once you understand the circumstances better. I have tried to discuss my complaints with my lawyer.
How a lawyer should act, in both professional and private life, is controlled by the rules of professional conduct in the state or states in which he or she is licensed to practice. These rules are usually administered by the state’s highest court through its disciplinary board.
Unnecessary delays can often damage a case. If, because of overwork or any other reason, a lawyer is unable to spend the required time and energy on a case , the lawyer should refuse from the beginning to take the case. A lawyer must be able to communicate effectively with a client.
If you believe you have a valid complaint about how your lawyer has handled your case, inform the organization that governs law licenses in your state. Usually this is the disciplinary board of the highest court in your state. In some states, the state bar association is responsible for disciplining lawyers.
In a lawyer-client relationship, acting responsibly involves duties on both sides—and often involves some hard work. You have a right to expect competent representation from your lawyer. However, every case has at least two sides. If you are unhappy with your lawyer, it is important to determine the reasons.
Communication. A lawyer must be able to communicate effectively with a client. When a client asks for an explanation, the lawyer must provide it within a reasonable time. A lawyer must inform a client about changes in a case caused by time and circumstances. Fees.
If your lawyer is unwilling to address your complaints, consider taking your legal affairs to another lawyer. You can decide whom to hire (and fire) as your lawyer. However, remember that when you fire a lawyer, you may be charged a reasonable amount for the work already done.
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.
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.
Most people hired attorneys because they don't want to sit in court. 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.
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.
Don' t forget that lawyers don't always need to take more cases. Yes, new clients are a great thing, but I don't want clients that will eat all my time and get no where fast. Your tip: keep your communication very simple and to the point.
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.
In a criminal proceeding, if you can't afford legal assistance, a court will appoint an attorney for you. In a civil case, generally described as a dispute between two private parties, to get legal representation, you have to get creative. Here's how to find legal help if you can't afford a lawyer:
The Akron Bar Association, in Akron, Ohio, is an example of what's out there. You can call the second and fourth Fridays of each month from 9 to 11 a.m., as part of their Ask an Attorney Service, and they'll answer legal questions for free.
And to add fuel to the fire, spending time preparing for a court case can mean losing wages or part of a salary. In short, if you don't have the time to self-educate, and if you can't find enough free legal advice to help you have your day in court, it's a wise decision to seek out a competent attorney.
Legal aid societies are nonprofit organizations found in almost every corner of the country that provide free legal services to low-income people. While this is certainly worth exploring, the problem for many households is that the individual or couple makes too much money to qualify for help.
It's risky for lawyers to take cases on contingency, and they need to be confident a judge or jury will side with you, and that there's going to be something sizable awarded to you. While no legal expert will suggest you represent yourself, it is an option if you're in a financial bind.
For instance, you can't go to small claims court if you're trying to work out your financial affairs after a divorce. But if the stakes are fairly low where someone owes you money or is trying to collect money from you, and it isn't worth risking lawyer fees, you might consider small claims court.
An attorney might give you a discount. Also, many attorneys offer payment plans, so that you're paying monthly instead of one huge sum all at once. Of course, you could hit the jackpot and find a pro bono lawyer, or you might find someone willing to take your case on contingency.
If you don't, or want to hire your own attorney, the judge will give you a short amount of time to hire one.
If you appear before a judge without a lawyer, and you were already advised to your right to counsel, a Judge could determine that you waived your right to an attorney and try you without counsel. On the other hand, a judge could give you a postponement to get an attorney.
If you don't qualify, the case will be reset to give you time to get someone hired. Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Please consult an attorney who practices criminal law in your jurisdiction for the most accurate legal advice. More.
There are many reasons that an individual might consult a lawyer. Some of the most common legal matters taken to lawyers involved: 1 real estate transactions 2 drawing up a will 3 as a party to a lawsuit 4 divorce/separation 5 probate/estate settlement matters 6 child support/custody matter 7 draw up an agreement/contact
There are many ways to solve a grievance without resorting to lawyers. If you believe a business has cheated you , you may get help from a consumer protection agency run by your city, county, state, or federal government. Many businesses, stores, and utility companies have their own departments to help resolve consumer complaints. Some communities have an ombudsman, a government official whose job is to mediate and resolve minor landlord/tenant, consumer, or employment issues. Local television and radio stations may have programs to resolve consumer - related disputes.#N#Most states also have dispute resolution centers. These centers, which may be known as neighborhood justice centers or citizens’ dispute settlement programs, specialize in helping people who have common problems and disputes. Their services are often available for a small fee, or even at no cost.
In fact, lawyers often help clients in matters that have nothing to do with disputes. For example, people might seek their lawyer’s advice on legal aspects of starting a business or engaging in a partnership, when buying or selling a home, or for information and advice on tax matters or estate planning. Some clients receive regular legal checkups ...
Most states have procedures that allow people to represent themselves in small-claims court if the total amount of their claim is under a certain dollar amount—such as $2,500. The cost is minimal, procedures are relatively simple, and there is usually little delay.
Yes. Sometimes problems that seem to be “legal” may be solved or prevented by other means . Many groups offer guidance and counseling for personal problems arising in marriage, child rearing, and managing finances. Private counselors or members of the clergy also may provide such help.