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 Find the Best Lawyer Get the Job Done Right
To find the best lawyer takes some thought and time. If your lawsuit will involve complex issues or large sums of money, carry out the research diligently to improve your prospects for success.
1. Qualifications of the Best Lawyer
A lawyer is someone who is licensed to practice law. The proper title is Attorney at law, but they are commonly referred to as an attorney or a lawyer. The work of a lawyer is to use the body of legal code to correct wrongs, ease the workings of society and to deliver justice. As preparation for this career, a lawyer has graduated from law school with the degree of a "J.D.", a Doctor of Jurisprudence. After graduation, the candidate must pass a state bar examination before receiving a license to practice in the state. In the United States, any attorney is permitted to argue your case in court, give legal advice on any topic and draft legal documents. However, an attorney may go on to be certified as a specialist in one of the many areas of legal practice. But state board certification is not generally required to practice in any specialty.
2. The Best Lawyer in History
In ancient Greece and Rome, there were no lawyers. Individuals were supposed to plead their own cases in the court. If you sought the assistance of a friend to guide you, it was illegal to pay your friend any money. This early practice led to inadequate legal representation, and a weak, undeveloped body of laws. It was gradually replaced. A strong legal profession, along with a strong, independent press and media, is a good protection of individual rights against governments and corporations.
3. The Best Lawyer Is Often a Specialist
Some lawyers are trial lawyers who are involved in litigation. Other lawyers, called transactional lawyers or corporate lawyers, work in business areas, such as contracts, tax planning, mergers and acquisitions, business deals, wills and trusts, regulatory filings, legal advice, patents and trademarks, bankruptcy, real estate and securities law.
Given the complexity of contemporary society, you will not be surprised at the degree of specialization within the legal profession. To name a few of these areas of specialization, there is administrative law, business bankruptcy law, civil appellate law, civil trial law, consumer bankruptcy law, consumer law, commercial law, criminal law, estate planning and probate law, family law, health law, immigration and nationality law, juvenile law, labor and employment law, oil, gas and mineral law, personal injury, trial law, real estate law, tax law, and workers' compensation law, as well as other fields. The most requested legal specialists are in the areas of personal injury, criminal defense including dui defense, family law including divorce, bankruptcy, immigration and medical malpractice.
4. How to Find the Best Lawyer
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Sometimes even the best lawyer cannot win your case. You feel you have been injured, but you might have no legal basis for a lawsuit, or you lack proof. In the eyes of the law, hurt feelings, insults and bad blood are usually not enough to justify legal action. You must show that your loss is actionable. The best lawyer will help you weigh the merits of your case.
- The best lawyer can help decide if legal recourse is the best answer for your problem. A legal action involves substantial legal fees, plus lots of preparation and research. If your case goes to court, it can be prolonged and delayed. Even if the court rules in your favor, the other party can appeal. And when you receive a judgment for money, it may be impossible to collect the money you are awarded. The defendant may not have the money, or may skip town. For your own peace of mind, it is a often a good idea to forego legal action, to be the better person and take the high road.
- Can you act without a lawyer? If you are suing for money you are owed and the amount is small, you can file the case in Small Claims Court. When the amount at stake is small, you are your own best lawyer. In some states, the limit you can sue for in Small Claims is $5,000. Typical small claims are for the return of a rent deposit, unpaid bills, or a broken contract. Most people regularly argue their own case in Small Claims Court without a lawyer. Each state has its own rules of evidence, but they are easy to understand. Generally, by filing in Small Claims Court, you give up the right to appeal the outcome.
- Sometimes you do have the option of arguing in court on your own behalf without a lawyer. You may be tempted to be defend yourself to avoid the costs of a lawyer. In general, this is not advisable. It is difficult to be objective when your life, well-being and personal interest are at stake. The law is based on rules and precedents, not necessarily on common sense. The legal training of the best lawyer will be invaluable in winning your lawsuit. You've heard the saying, "A person who is his own lawyer has a fool for a client."
- Narrow your search for the best lawyer in the right state. The practice of a lawyer is limited to the states where he/she is licensed. Your lawyer must be licensed to practice law in the state where the damage occured or where the lawsuit is to be brought. Patent attorneys are the only exception, because patent law is administered, not by any state, but by the United States Patent and Trademark Office.
- Lawyers specialize in areas of interest and expertise, much like doctors. Look for the best lawyer in the right specialty. On one hand, there are transactional lawyers who negotiate and draft documents and rarely go to court. On the other hand, there are litigators, trial lawyers, who are retained for legal disputes, arbitrations and negotiated settlements. Some trial lawyers, like Johnnie Cochran, argue the facts, while others trial lawyers, called appellate lawyers, argue the law.
- Personal referrals from people with similar problems might be helpful. But because lawyers have narrow specialties, it's not likely thet your next-door neighbor will know the best lawyer for your needs.
- Referrals from special interest groups can be valuable. For example, a support group for parents with disabled children may know the best lawyer to handle disability cases. A women's group can direct members to the best lawyer for sexual harassment issues.
- Referrals from professionals you do business with can be helpful. A referral from your banker, your accountant, your doctor or your pastor, your insurance agent or real estate professional can be worth checking out. You can also seek the advice of an industry group or a service organization. Your corporate lawyer might be able to suggest the best divorce lawyer.
- There are public databases and Internet services to help you locate a lawyer in the right specialty. Your local branch of the American Bar Association will also provide the names of lawyers. You can even use the yellow pages or check out television advertising. Most of these sources do not evaluate the lawyers they list. You need more information about a lawyer before you can make a decision about the best lawyer for you.
- Visit the web sites of potential lawyers. Evaluate their areas of expertise and qualifications. Review their client list, if it is available. You can sometimes find out more about your candidates by running a Google search for their name. All kinds of interesting details will surface this way.
- Know how lawyers are paid. Lawyers are paid for their work in a variety of ways. In private practice, they may work for an hourly fee according to a billable hour structure. Professional fees range from $100 per billable hour to $500 and more, depending on the lawyer and the specialty. If your case involves personal injury, the lawyer might work for a contingency fee, a percentage of the settlement if he/she wins the case for you. If the legal matter is straightforward, such as preparing incorporation papers, the lawyer might quote the fee as a lump sum. Sometimes fees are negotiable. Other times the lawyer will require a non-refundable retainer in advance. The best lawyers will discuss fees candidly in advance and provide a written fee agreement.
Although the quoted hourly rate might seem excessive at first hearing, remember that the rate includes all the overhead of a legal office, including staff, rent, advertising, research tools, and the other expenses of being in business.
- There are other legal costs to consider. You will also be billed separately for other costs related to the suit, such as postage, document transcriptions, travel, filing fees and so on. Ask for an estimate of these out-of-pocket costs, too.
- Interview the best lawyer. At the first interview, you will provide the lawyer with background on your case, the facts, and supporting evidence. After evaluating your needs, even the best lawyer may feel he/she cannot accept you as a client. The reason may be a conflict of interest, or there may be no basis for your action, or the work may be outside their area of expertise, or they may feel that the case is not worthwhile to pursue. If your interview ends unsuccessfully, be sure to ask for a referral to another lawyer.
During the preliminary interview, you'll want to ask about their legal experience and success. Find out how much of the work will be done by paralegals. A lawyer should also carry liability insurance. Ask the lawyer to estimate the time and cost involved. You should get a written agreement explaining how they will handle your legal matter and their fees.
5. Working With the Best Lawyer
After have done due diligence, don't neglect your gut instinct. The best lawyer is also the one you feel comfortable working with. You may want the lawyer to coach you on your legal position. You may prefer an aggressive lawyer who will be a bulldog in protecting your rights. Determine that the lawyer actually wants to represent you and has enough time available to do a thorough job.
I hope life brings you much success. I wish you a very happy day.
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