Apr 09, 2015 · Make sure you discuss expenses as well as attorney fees. The lawyer’s expenses include everything from small things like photocopying to big-ticket items like expert witnesses. While your lawyer may not be able to give you a precise quote, you should have a good understanding of the potential price tag.
Negotiating With the Prosecutor in Traffic Ticket Cases. In some situations, a prosecutor may be willing to reach a settlement with a driver in a traffic ticket case instead of taking it to trial. This allows law enforcement and the court system to dispose of a case efficiently while still ensuring that a driver who violated a traffic rule ...
Jun 18, 2014 · Regardless of what you think about lawyers, when you need one, they're your best friend. A good lawyer works with you, helps you understand the situation, and guides you to the best possible result.
Feb 07, 2021 · On the other hand, being honest can go a long way in helping you get out of a ticket or at least have it reduced. You can also seek the help of a lawyer for your speeding ticket. Keep a Cool Head. Whatever you decide to say in court when contesting a speeding ticket, remember to keep calm. The last thing you want to do is lose control of your ...
You should feel comfortable from the beginning of your attorney-client relationship that you will be able to have regular communications with your counsel. Make sure that you exchange contact information and agree on the ways that you will stay in touch.
Every lawyer should review with their clients the possibility of a negotiated resolution prior to trial. In criminal matters, for example, you may be able to get a good plea bargain. In civil cases, your lawyer might propose mediation, a settlement negotiation process involving a neutral third-party.
In cases where you are suing for monetary damages, the lawyer may represent you for a “contingency fee.”. This means the attorney gets paid a portion (typically one-third) of the amount you receive after a successful trial or settlement. Make sure you discuss expenses as well as attorney fees.
Your lawyer can often save you money by delegating routine tasks to firm employees who charge a lower hourly rate. However, your lawyer should be involved in all key aspects and decisions of your case, or should explain to you why a colleague can handle some important part of the matter just as well.
Getting a lawyer with the right legal background is essential, but it is also important to know whether your attorney has experience with the judges who will likely preside over your case. If yours is a criminal matter, it is important to know if your lawyer knows the local prosecutors. This courtroom experience can greatly enhance your lawyer’s ability to evaluate the likely outcomes in your case and give you advice that you can rely on.
Choosing the right lawyer is a very important decision—whether you were in a car accident, have a medical malpractice claim, or find yourself the target of a criminal investigation. Referrals from friends or co-workers can be great, but you need to do your homework to make sure you have the right attorney for the job.
In discussing case strategy, your lawyer should give you an estimate of how much time it will take to get to a resolution. Keep in mind that your lawyer does not control the pace of the process and cannot make any promises about when it will be over.
The driver and the prosecutor might agree orally to a settlement, but then they would need to present their agreement to the judge. The prosecutor would tell the judge that they want to dismiss or reduce one or more charges and that the driver will plead guilty to any remaining or reduced charge.
Types of Settlements in Traffic Ticket Cases. Sometimes a settlement will involve a reduction in the points on a driver’s license in exchange for paying the fine. Or it might involve allowing the driver to go to traffic school and keep the offense off their record, when the driver normally would not be eligible for traffic school.
An example of a compromise over a speeding ticket might be reducing the citation to ordinary speeding instead of excessive speeding, if there is evidence that your speed might have reached the level ...
Another bargain over a single charge might involve reducing the amount of the fine, if the law gives the judge discretion over the amount. If the violation technically would allow the prosecutor to pursue a license suspension, they might agree to refrain from taking this step if the driver agrees to pay the fine.
If the judge does not accept the settlement, the driver can withdraw their plea and proceed to trial.
The prosecutor might be offering you a settlement because they believe that the officer will not come, which would result in the dismissal of the case. You can ask the prosecutor if the officer will come or ask for time to consider the settlement offer. If the officer still does not appear, you can decline it.
The purpose of a settlement is a compromise, which means that you will not receive the ideal outcome. The judge might oversee a settlement conference in their chambers, or it might occur in a more informal setting or even over the phone. The settlement might be scheduled on a date before the trial, or it might take place in a conversation outside ...
A good lawyer works with you, helps you understand the situation, and guides you to the best possible result. To do that, they need a client they can work with. Here's how to be just that. Advertisement.
Rule number one, says Unrath, is to be honest and truthful. Your conversations with them are legally protected, which means now's not the time to hold back. When your lawyer says "tell me everything," they mean it:
A good one can help you get started on the right foot (or deal with rival companies.) Raad Ahmed, CEO and Founder of LawTrades, a site that helps people find a lawyer and get legal advice, explained that earlier is better if you think you need a lawyer, even if your case doesn't go to court.
It's not that your experiences don't matter , but some things that you may think are critical ("The cop didn't read me my rights before he cuffed me!") just aren't important to a court (in some situations, they're not required to). Mention those types of things once, and then continue to the next point.
Your lawyer is still a human being, and they need to experience the events you're describing or your situation as close to how they happened as possible. Jumping forward and back in time or going off on tangents is confusing, and may lead to an important detail being overlooked.
Whatever you decide to say in court when contesting a speeding ticket, remember to keep calm. The last thing you want to do is lose control of your emotions in front of the judge. You need to stay cool and collected at all times while in court.
When you are explaining the situation that led to your speeding ticket, you need to be as detailed as possible. The more detailed you are in your explanation, the more likely you are to be taken seriously. If the judge gets the sense that you are being purposely vague, you’ll probably be stuck with the ticket and all of the consequences that come with it.
Admitting guilt automatically means that you will have to pay the full cost of the ticket and get points on your license.
If you were caught speeding in the middle of the night on an empty road, the judge may take that into consideration because you weren’t posing threats to traffic or pedestrians.
If you were pulled over in such an area, you should bring it up in court. While ignorance of the law is not a valid defense , this can still help you get out of your speeding ticket.
Lying can get you in a lot of trouble, and it would be more difficult for you to provide details and evidence to reinforce your lie. It’s simply too easy to get caught in a lie, so we don’t recommend this. On the other hand, being honest can go a long way in helping you get out of a ticket or at least have it reduced.
William. William Johnson is the owner and founder of RatedRadarDe tector.org. He writes about car accessories, with his passion stemming from a deep enthusiasm for all things automotive. His website, RRD, focuses on in-depth reviews of car accessories to help people find the best and latest products in the market.
An important question to ask a lawyer is what the strategy for your case will be and the outcome the lawyer expects. You’ll want to get details on what kind of procedures to expect. Ask how long it will take for the entire case to be resolved. Discuss the legal strategies that will be used. Find out if your attorney will attempt to settle and if mediation or arbitration are options. Think about the answers and if you are comfortable with them. Maybe you want to avoid a trial at all costs but your attorney really wants to just go to trial, or perhaps you have no intention of settling and want your day in court. It is important that your lawyer’s strategy lines up with your needs.
Meeting with a lawyer for an initial consultation is generally not a chance to ask legal questions that are in depth, but is instead an opportunity to get a sense as to whether this lawyer is the right one to handle your case. Use this meeting to help you decide which lawyer will be the best one for your case.
Meeting with a small business attorney is an important way to get your business off to a good start and minimize future risks. Here are questions to ask at your first meeting.
Most lawyers offer a free consultation so that you have a chance to determine if he or she is the right person for you. Going to the first meeting with some simple questions can help you ensure you find the right person for the legal help you need. You will not get much legal advice at this consult since it is not meant to resolve your legal ...
It is generally not very helpful to ask where the attorney went to law school since you can find this information online and it often tells you nothing useful anyhow. Focus instead on experience with your type of case. You can also ask the average verdict the lawyer has obtained in your type of case.
More importantly, by knowing what to do and say when a debt collector calls, you can avoid making a mistake that could put you at legal or financial risk. First, you should decide if you want to talk to the collector. If so, be sure to keep a record of what you and the collector discuss.
The Consumer Financial Protection Bureau issued a final rule amending Regulation F, which implements the FDCPA, to clarify how collectors may use texts, emails, and use other forms of digital communication, like social media, to contact you.
The rule explains how the FDCPA's protections apply to digital communications and gives consumers the ability to unsubscribe from debt collectors' electronic messages. It also describes how collectors may use voicemails and limits how often debt collectors can call you.
If the debt that the collector is calling about is several years old, find out what your state's statute of limitations is for filing a lawsuit to collect the debt.
But if you decide not to talk to the collector, send a written request that the collector cease communication with you.
If you need help dealing with an aggressive debt collector, figuring out what option is best for handling your debts, negotiating a settlement, or responding to a lawsuit for nonpayment of a debt, consider consulting with a lawyer. Once you've hired a lawyer, under the FDCPA, a collector must talk to your attorney only—not you—unless you give permission to contact you or your lawyer doesn't respond to the collection agency's communications.
A collections log is a written record that you make of the date and time that a collector calls, the person you speak with, and what the collector says to you. Your log doesn't have to be anything fancy—writing it on a notepad or spare piece of paper is fine, or keeping a log using your computer or phone works too. A collections log will help you straighten out who is calling you from where, and what debts each collector is calling about. It will also help you keep track of how often a particular collector calls and document inconsistencies in what collectors say to you from one call to the next.
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.
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.
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.
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:
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.
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.
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.