what do you do if you can' t find a lawyer to defend you in a mold exposure case

by Hortense Ledner 7 min read

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: Contact the city courthouse. Seek free lawyer consultations. Look to legal aid societies.

Full Answer

What to do if you can’t reach your lawyer?

Jan 18, 2019 · The Most Common Reasons A Personal Injury Lawyer Did Not Accept Your Case. Liability is not reasonably clear. The case is not serious enough. The anticipated recovery is not substantially more than the cost to investigate the case. The case is subject to damage caps or other “tort reform” limitations. There are concerns about the ability to ...

Who is responsible for mold in a rental property?

Apr 29, 2020 · Here's how to find legal help if you can't afford a lawyer: Contact the city courthouse. Seek free lawyer consultations. Look to legal aid societies. Visit a law school. Contact your county or...

How do I get a lawyer for a civil case?

Feb 11, 2022 · You may be able to resolve a minor legal dispute by writing letters or negotiating informally, or you can appear before a judge in a "small claims" court if the dispute has a value less than or equal to a certain amount. Be sure to check …

What to do if your lawyer stole from you?

Feb 02, 2010 · Once you have filled out the draft copy as best as you can, make an appointment with your coaching attorney to go over your responses. After your attorney meeting, you can put the correct information into the saved set of documents. Many coaching attorneys will also tell you what to do if you have to go to court to a hearing.

How do you win a toxic mold lawsuit?

0:342:08Local attorney has advice on winning mold cases in court - YouTubeYouTubeStart of suggested clipEnd of suggested clipThey have to take steps to investigate. And correct the problem if there's a water leak that'sMoreThey have to take steps to investigate. And correct the problem if there's a water leak that's creating the mold. And they would want to investigate where that water is coming from.

Can you sue for toxic mold?

If you have developed health problems, suffered property damage, or incurred other types of losses because of a mold infestation, you may be able to file a legal claim to get compensation for your injuries or losses, including the cost of getting rid of the mold (called "mold remediation").

How long does a landlord have to fix a mold problem in PA?

within 30 daysPennsylvania law allows landlords to do this, provided they give the tenant a written explanation of the mold damage costs (along with any other claimed damages) within 30 days of the tenant's lease termination.

Can mold make you mentally ill?

Psychiatric symptoms that are potentially caused by exposure to toxic mold include memory, focus, and word recall issues, confusion, insomnia, chronic fatigue, depression, and anxiety. The way signs of mold toxicity manifests varies from person to person and depend on the length of exposure.Dec 2, 2021

Can you sue a landlord for emotional distress?

If a landlord causes you severe emotional distress that does not result in physical harm, you can recover for this purely emotional injury if your landlord's actions were reckless or intentional. The money damages may be doubled or tripled if you also claim that the action was an unfair or deceptive practice.

What are the symptoms of mold exposure?

The most common symptoms of mold exposure include:Coughing.Postnasal drip.Sneezing.Dry, scaly skin.Itchy eyes, nose, or throat.Nasal congestion.May 26, 2021

What if a landlord refuses to make repairs?

What to do guide if your landlord refuses to do repairsPut it in writing. ... Write to your landlord again. ... Gather evidence about the repairs needed. ... Inform your landlord you are contacting the council. ... Request help from the council to do the repairs.Take legal action.

Can a house be condemned for mold?

The simple answer is: YES, it absolutely can. Check out this couple who lost their home to a severe black mold infestation! Here's a quick look at three common problems and three simple solutions for the kind of moisture control problems that could lead your home or office down the path toward being condemned.Jun 3, 2019

Can I withhold rent for repairs in PA?

Tenant Rights to Withhold Rent in Pennsylvania Tenants may withhold rent or exercise the right to "repair and deduct" if a landlord fails to take care of important repairs, such as a broken heater.

Can mold give you brain fog?

Mold toxicity can manifest in different ways in people. It's more commonly linked to physical problems, such as difficulty breathing, fatigue, and headaches, but research shows that it can present itself in a psychiatric way, too. This includes brain fog, depression, anxiety, problems concentrating, and insomnia.Mar 26, 2020

What is fuzzy brain?

What is brain fog? While it's not a medical term, brain fog describes a feeling that you don't have full mental clarity—maybe you're having trouble remembering something or difficulty focusing on a thought or idea.Jun 9, 2021

Will mold exposure show up in bloodwork?

Taking a Blood Test for Mold Exposure They will check to see how the antibodies in your system react to various mold species, black mold included. When they test your blood, they will also look for toxins that indicate mold poisoning.Jan 13, 2020

What is a family problem?

A family problem such as divorce or a child custody dispute. The sale or purchase of a home, real estate, or a business. Discrimination or harassment on the job. The formation or incorporation of a business. The drafting of a will, trust, or estate plan. A tax problem.

Can a lawyer help you with a car accident?

Lawyers can help with legal problems after they come up -- after a car accident, for example -- but in other instances, consulting a lawyer before a legal issue arises can help you anticipate and prevent serious legal problems. Some common situations where assistance from a lawyer may be necessary include:

What does a lawyer do?

A lawyer will assess your legal issue and can tell you at the outset whether it is worth your while to obtain legal assistance and/or pursue legal action.

Find a Lawyer Who Coaches People to Represent Themselves

Find a Lawyer Who Coaches People to Represent Themselves#N#Many states allow attorneys to offer "unbundled" legal services. This is like all the tasks of a lawyer are broken out so a client can select only the tasks with which he or she wishes attorney assistance.

Get Fill-in-the-Blank Documents for Your Case

Get Fill-in-the-Blank Documents for Your Case#N#You are going to need the legal documents for your case. Many states have these documents on the state court website and courts often sell packets with the court documents ready to be completed by pro se parties. Some attorneys also sell "do it yourself" packets.

Err on the Side of More Information--Not Less!

Err on the Side of More Information--Not Less!#N#Sometimes people representing themselves don't want to bother their coaching lawyer. They are concerned about costs. The problem with this is that you "don't know what you don't know." You can miss something important and not even know it.

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.

What to do if you can't find out what has been done?

If you can't find out what has (and has not) been done, you need to get hold of your file. You can read it in your lawyer's office or ask your lawyer to send you copies of everything -- all correspondence and everything filed with the court or recorded with a government agency.

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 to do 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 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:

Does the state bar reimburse clients?

But all states except Maine, New Mexico, and Tennessee do have funds from which they may reimburse clients whose attorneys stole from them.

Can you sue for legal malpractice?

If you want to sue for legal malpractice, do it as quickly as possible. 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.

What does legal insurance cover?

These plans vary. Many cover most, if not all, of the cost of legal consultations, document preparation, and court representation in routine legal matters. Other programs cover only advice and consultation with a lawyer.

How long can you be in jail for a crime?

Constitution guarantees you the right to be represented by a lawyer in any case in which you could be incarcerated for six months or more. State constitutions may guarantee your right to a lawyer for lesser crimes.

Can you be incarcerated for six months?

If you are accused of a crime, the U.S. Constitution guarantees you the right to be represented by a lawyer in any case in which you could be incarcerated for six months or more. State constitutions may guarantee your right to a lawyer for lesser crimes. If you cannot afford a lawyer, either the judge hearing the case will appoint a private lawyer to represent you free of charge or the government’s public defender will handle your case, also at no charge.

Is it important to have empathy with your lawyer?

Just as important as it is for your lawyer to get the job done, it’s equally as important for them to empathize with you and understand what you’re going through. Whether it’s a divorce case or a personal injury case, showing no compassion or empathy is a definite sign of a bad lawyer.

What to do if you can't reach your lawyer?

If you can’t reach your lawyer you should be able to reach the office or another staff member who can set up an appointment with you or a good time to reach them . Keep in mind that missed phone calls happen to the best of us, but your lawyer should never ignore you.

Do lawyers start at the bottom?

Like any job, some lawyers start out on the bottom and need to work their way to the top. Despite what online reviews say, if you notice a lack of respect for your lawyer in the courtroom or by other peers, it’s a red flag. Your lawyer needs to be respected and taken seriously, especially if your case goes to trial.

What is the biggest part of being a lawyer?

One of the biggest parts about being a lawyer is convincing the jury to go in your favor. If your attorney isn’t enthusiastic about your case or seems unsure, that should raise some red flags.

What are the health problems caused by mold?

This type of mold technically goes by the name Stachybotrys chartarum and can cause serious health problems after periods of exposure, including respiratory problems, internal organ damage, mental impairment, nausea, and skin inflammation. Mold also can cause irreparable property damage.

Can mold damage your house?

It may seem harmless, but certain types of mold can permanently destroy property and cause serious and sometimes lasting health problems. If you have suffered injuries that you believe are the result of this particularly dangerous type of fungus, you may need to sue your landlord for black mold.

What is implied warranty of habitability?

Landlords are required by law to provide proper living conditions for their tenants, free from health or safety hazards , often referred to as an " implied warranty of habitability ." The standard for habitability is generally defined as the minimum required by your local jurisdiction's building code, which addresses the health and safety concerns of tenants. While certain minor problems such as drippy faucets are not considered crucial to habitability, toxic mold certainly is.

Why is it important to approach a lawyer with honesty?

“ Winning cases can be lost because of a client who lies or exaggerates just as easily as because of a lawyer who tells the client what the client wants to hear instead of what is true.” So when dealing with attorneys, don’t just look for honesty—be honest.

What is a potential money pit?

When hiring an attorney, a potential money pit is “expenses” outside of the lawyer’s billable hours. Expenses include everything—copying and faxing costs, hiring expert witnesses, and even traveling via private jet, points out attorney Justin C. Roberts. Some lawyers don’t just pass the charges along; instead, they charge an additional percentage fee. Whatever their method, you need to know it up front so there won’t be any surprises when the bill arrives.

How to get a good lawyer to take your case?

“If you want to improve your chances of securing the best lawyer to take your case, you need to prepare before you meet them,” advises attorney Stephen Babcock. “Get your story, facts, and proof together well before your first meeting.” This not only ensures that you understand your own needs, but it helps a good lawyer to ascertain whether he or she can actually help you. “We want the best clients too. Proving you’re organized and reliable helps us.”

Do most cases settle outside the courtroom?

In choosing your attorney and your plan of action in resolving a dispute, it’s important to consider that despite what you see on television, most cases never see the inside of a courtroom. Typically, they’re settled outside the courtroom because of the time and expense involved, according to attorney Darren Heitner, author of How to Play the Game: What Every Sports Attorney Needs to Know.

Do good lawyers always find every opportunity to keep a case from being decided by a judge?

“In my experience, a good lawyer always finds every opportunity to keep a case from being decided by a judge, and only relents on trying a case before the bench when all alternatives have been exhausted,” attorney, Jason Cruz says. “If a lawyer suggests they want to try the case in front of a judge, you should definitely speak with another lawyer before proceeding,”

Can you appeal a disability denial?

If you feel helpless when faced with an insurance denial, please know that you might be able to appeal with the help of a qualified lawyer, says David Himelfarb, attorney. Insurance companies routinely deny long-term disability claims, for example, particularly because it’s assumed that most people don’t have access to reputable attorneys to challenge the denial. “This is where intricate knowledge of the legal and insurance process, as well as the right team of experts to prove the claim, can reverse the odds.”