protecting yourself from expensive attorney stall tactics

7/27/2019 Protecting Yourself From Expensive Attorney Stall Tactics

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Copyright 2006, All rights Reserved 1

INTRODUCTION

Youre about to hire an attorney. At least, you think you are. You have a legal

problem and, although you perhaps dont know it, your financial security is in danger.

The information Ive collected in these pages could save you a lot of money.

Reading the advice in this guide will protect you from:

todays corrupt legal system;

your attorneys billing system; and,

legal stall tactics designed simply to increase your bill.

I can assure you, attorneys dont want you to know what youre about to discover

here. In the past, Ive personally spent over $600,000 in attorney fees on:

divorces,

bankruptcy,

purchasing businesses,

selling businesses,

commercial construction, asset protection,

numerous real estate transactions,

bad debt collection,

and a stack of frivolous personal and business lawsuits that had

absolutely no legal standing and should never have been filed.

Over half of the $600,000 I spent on legal issues was wasted. My attorneys

worked me for every dollar I had and used the corrupt legal system as their tool. My

experience created the pages youre about to read; you could save a lot of money and

heartache by knowing my story.


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CHAPTER ONE

SCHEMING LAWYERS

So how do lawyers cheat and swindle us? As a client you can only suspect whats

really going on. The only way to truly know the insider scheming of lawyers is to turn to

lawyers themselves. In this tight-knit, corrupt profession, there have been a few turncoats.

So what is it lawyers really do? How do they overcharge?

In most major and medium-sized law firms, the code of practice is all about

collection. Collect from your clients; bill them any which way you can. Overcharging is a

skill, one which the most successful lawyers hone and perfect.

How do lawyers scam their clients?

Look up the personality type of your average lawyer. The law attracts certain

types of people: intelligent, argumentative, competitive, and problem-solving people.

They smell money like sharks smell blood and have a determination to get back

some benefit from all the work theyve put in to being lawyers.

In law school, you see an elite clich of academically bright, creative-types. The

LSAT, the Law School Aptitude Test, is the second stage of selection. Although the test

claims to identify those best suited to practice law, the test has changed dramatically

during the last forty years. The test, which is responsible for the selection of ourcountrys lawyers, tests predominantly for verbal skills not mathematical skills, not

problem-solving skills, and not logic.

Once upon a time, law schools may also have advocated conflict avoidance. They

may have instructed would-be lawyers to find the common ground between arguments, to

mediate, to work out problems, and to avoid litigation.

Today, most law students graduate with the belief that there is no absolute truth in

any legal argument. No right or wrong, only winning and losing.

It makes no different which side one takes, as long as one is paid for it.1

A considerable lack of integrity infects most lawyers-in-training. They also have a

zeal to overwrite making the law and legal jargon appear more complicated and more

important than it actually is.

1 Gray (1996)How Not To Get Screwed By Your Attorney.


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The first year of law school focuses on Legal Research and Writing (how to use

words in pairs, such as null and void; cease and desist).

Using two or three words where one will do is an excellent method of encryption.

Lawyers encrypt the law with verboseness, disguised as an effort to be precise.

According to James D. Gordon III:

The Supreme Court has refined this art [of using more

words than necessary]writing the worlds only quadruple

negative: This is not to say, however, that the prima facie

case may not be met by evidence supporting a finding that

a lesser degree of segregated schooling in the core city

area would not have resulted even if the board had not

acted as it did. Government cryptographers have tried to

decipher this for years.2

Law professors also teach their students how to fight. According to most sources,

students are taught to argue case law, which, by definition, is a fight.

Although 90 per cent of all lawsuits filed end up being settled out of court, most

of the cases settle only after clients on both sides of the dispute have spent considerablesums of money and experienced considerable disruption, to their lives, to their work, and

to their finances. Being a problem-solving lawyer is not glamorous.

Lawyers are taught to advocate their clients position regardless of whether it is

morally the right position; todays lawyers are not even encouraged to have an opinion

on whether a clients position is legally right. In the fight between the hired gun,

mercenary and the peacemaker, it is always the peacemaker/facilitator that is undercut.

Once your average aggressive, ambitious, argumentative personality-type has

studied the law and graduated from law school, their next step is integration into to law

industry, the world of law firms.

2 Gray et al, 1996.


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Competition among law firms became fierce in the 1980s; to attract the best and

the brightest graduates, most law firms offered incredible starting salaries. The average

starting salary for a lawyer became about $85,000 a year.

For such a prize, law firms could be selective; the biggest firms, offering the

largest starting salaries have their pick of the bunch. Instead of brains and brawn, the

quality they looked for and valued the most, is greed.

In the November 1992 issue of theNational Jurist, it became clearer than ever

what the major law firms looked for in prospective employees. Someone who could hit

the ground running, one firm responded. In real terms, this means someone who requires

little training, who generates billable hours immediately. Another source admitted they

wanted candidates who were greedy and eager. Deduce from this information that

those who arent interested in money, who, in Grays words, look on the law as an

honored profession, an art, do not get the best or even the good jobs in this cut-throat

industry. Deduce also that youre unlikely to encounter these noble few; the bright,

brilliant but reverent lawyers. They dont tend to work for law firms that can afford the

giant ads in the yellow pages.

For the unprepared, encountering the legal system filled to the brim with

ambitious, bloodthirsty, aggressive members of society is like entering shark-infested

waters. In the words of attorney-businessman Mark McCormack, people who havesacrificed large amounts of time and money to get professional credentials doctors,

lawyers, MBAs come away ferociously determined to get their investment back with

interest from the system and from you! If they arent interested in getting the money

back, they wont survive let alone thrive in the industry.

The law industry is controlled and dominated by the money-hungry and the

devious. The natural selection process of law schools and law firms employing new

associates weeds out the weak-stomached. Lawyers, even the new and relatively

inexperienced ones, are likely to overcharge you.

InHow Not To Get Screwed By Your Attorney, former lawyer Dudley Gray is

frank about the billable hours that most lawyers invent. Three methods of billing are

typically used by lawyers: the flat fee, the contingency fee, or the hourly rate.


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The flat fee is a fixed amount for a specific service. Youll probably be charged a

flat fee if you want a lawyer to process your uncontested divorce, your incorporation

papers, your name change papers, or your prenuptial agreement. In some cases, youll

also be charged a flat fee for an immigration case or for certain tax-related filings. In

reality, an attorney will only charge a flat fee if the work is extremely basic; so basic, in

fact, you could do the work yourself. Most attorneys send off their flat fee work to their

secretaries or their paralegals, who arent trained lawyers anyway. All the attorney will

do is check over the papers to make sure everything is in order. Again, this is work you

can do yourself.

A step up from the flat fee, the contingency fee is used in slightly more

complicated cases; when you probably do need an attorney to get the result you want.

The catch to the contingency fee is that you might not get any of what you want, and if

you get some of it, you definitely wont get all of it. Your attorneys contingency fee will

make sure of that.

Contingency fees are most commonly applied to personal injury cases. Most

attorneys charge between 30% and 50% of any legal settlement after expenses. Youll

probably find yourself paying your attorneys expenses regardless of whether or not you

win your case. Beware of contingency fees.

Most attorneys bill their clients by the hour. The hourly rate, the third and mostcommon method of billing, reflects a number of things about the lawyer: their reputation

and experience level, their education and credentials, their office rent and their other

expenses. Attorneys typically charge between $150 and $600 an hour for their services,

which are diverse and extremely difficult for you, the client, to keep track of.

At this time, nine out of ten lawsuits are filed in the United States; by far the

highest rate in the world. In 1995, the American Bar Foundation counted 896,000

lawyers in the United States, a number that has skyrocketed in the last ten years, to well

over one million.

Not only is a new law suit filed the equivalent of every 30 seconds in the United

States, there are estimated to be over 100,000 law students in the country at this time.

Anyone who owns a business or has a profession (e.g. a doctor, dentist, carpenter,


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builder, etc) has a one in three chance of being named as a defendant in a lawsuit in the

next year.

The statistics are staggering but conclusive: the legal system is out of control.

With over one million lawyers, seventy percent of the worlds lawyers with only five

percent of the worlds population to work with, competition for clients and for work is

incredibly fierce. Lawyers have to be aggressive to get paid; its in their interests to

persuade people they need to fight and sue left and right.

The United States now spends hundreds of billions of dollars every year in efforts

to avoid liability but such exorbitant spending is only necessary because lawyers across

the country push for litigation and encourage everyone to sue indiscriminately. Lawyers

in the United States have made it cheaper for companies to pay them as a preemptive

measure; they have also made it viable for companies.

There are, however, a number of problems with the aggressiveness of the legal

system translated on a national scale. Not only is the United States practically obsessed

with litigation, liability, and the law in general, it faces thirty times more lawsuits than

Japan, for example, which is one of the primary trade competitors.

While lawyers are as much as five times more likely to suffer from depression,

they are casting a dark cloud over the rest of the American society, starting with industry.

Product innovation in the United States is severely limited by inventor and investorconcerns about liability. The health care industry is also raising the cost of care in an

effort to protect itself from malpractice suits, a favorite of trial lawyers. Despite being a

world leader is so many respects, the United States has an overwhelming number of

underinsured and uninsured citizens, including children and the elderly. Lawyers and the

legal system are somewhat culpable for some of the major quality-of-life issues in this

country. Unless more people recognize this problem and become conscious of the extent

to which lawyers and the legal system manipulate the general public, the situation can

only deteriorate further.


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CHAPTER TWO

THE ALTERNATIVES TO LAWSUITS

In an ideal world, filing a lawsuit would be the last resort in legal disputes.

Unfortunately, as the statistics strongly suggest, Americas society is obsessed with the

notion that lawsuits are the best and only option available to those who are or feel

wronged by an individual, a company, or the state.

Lawsuits are intended as the last resort to disputes. The court system is even

designed, albeit loosely, to acknowledge that. Judges are supposed to attempt mediation

before a case is formally brought to trial and lawyers are supposed to serve as problem-

solvers and counselors as well as prosecutors.

This all became clear to me late one night while watching the rerun of the 1998

movieA Civil Action, starring John Travolta and Robert Duvall. I'd seen the movie

before, however the following quote didn't mean as much to me the first time as it did

after spending several hundred thousand dollars in attorneys fees.

Travolta's character, Jan Schlictmann made the following quote:

"The odds of a plaintiff's lawyer winning in civil court are

two to one against. Think about that for a second. Your

odds of surviving a game of Russian roulette are betterthan winning a case at trial. 12 times better. So why does

anyone do it? They don't. They settle. Out of the 780,000

cases, only 12,000 or 1 1/2 percent ever reach a verdict.

The whole idea of lawsuits is to settle, to compel the other

side to settle. And you do that by spending more money

than you should, which forces them to spend more money

than they should, and whoever comes to their senses first

loses. Trials are a corruption of the entire process and only

fools who have something to prove end up ensnared in

them. Now when I say prove, I don't mean about the case, I

mean about themselves."


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After hearing this it all became very clear to me how my attorneys had worked

the system against me all these years. I could have cut my losses fifty percent or more by

trying to mediate settlements as soon as I finished reading the original Plaintiffs

complaint. In every frivolous lawsuit it took two or three years, and between $10,000.00

and $25,000.00 in attorney billable hours to get close to a court date. In every case the

judge would order mediation before the case went to trial. In every case I would settle

during mediation for a few hundred to a few thousand dollars.

So lets take one frivolous case and see how this could have been done quicker

and cheaper. The case where I ran up approximately $25,000.00 in billable attorney fees

and a settlement to the Plaintiff of $4,000.00 cost me $29,000.00 plus aggravation.

Would it have been cheaper to offer an early $10,000.00 settlement or even a $15,000.00

settlement? Do you think your attorney will volunteer this option early in the process?

Dont count on it. This is especially true if your attorney is in a medium to large firm

where billable hours spell survival.

Many attorneys are in a bill or perish mode all the time. Settlements,

mediations, and arbitrations take up less time and require less paperwork; attorneys dont

get the opportunity to overcharge as easily as they do in lawsuits.

This is why large corporations have their own staff of attorneys. They can control

cases in the direction of early resolution through settlement, regardless of whether theplaintiff is right or wrong, because the litigation alternative is more expensive.

As I pondered this, it all become quite clear. The merits of a case have nothing to

do with anything. It doesn't matter that they're wrong and you're right, or not liable. This

is completely irrelevant. Trying to prove you're innocent to clear your good

name makes you just another fool feeding a corrupt system.

This all reminded me of a New Testament Bible verse in the Book of Luke. By

the way, Luke was a Doctor who had probably seen his share of malpractice claims.

Luke 12:58 reads: "For while you are going with your opponent to appear before the

magistrate, on your way there make an effort to settle with him, so that he may not drag

you before the judge, and the judge turn you over to the officer, and the officer throw you

into prison."


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For while you are going with your opponent to appear before the magistrate

this process can take years in todays court system. On your way there make every

effort to settle with him, weve already determined the wisdom of this statement. So

that he may not drag you before the judge, and the judge turn you over to the officer, and

the officer throw you into prison." You may have no control over a corrupt legal system,

and the potential outcome could cost you much more than an early settlement. Consider

for a moment the profound wisdom in this simple sentence.

Three alternatives to legal action are settlements, mediations, and arbitrations.

Anyone with a legal problem should consider these alternatives, as appropriate, before

filing a lawsuit. Settlements, mediations, and arbitrations can save you a lot of time,

money, and anxiety when you are faced with a legal problem.

Settlements

Before a case is brought to trial, often right before, one or other of the parties

involved in the dispute may come forward and offer a settlement. The details of any

settlement generally reflect the most likely outcome of the pending trial and are offered

as a means of saving parties the time and cost of a court appearance.

A couple of things to keep in mind about settlements:

You should always consider your position carefully before responding to asettlement offer. Although some attorneys advise clients to accept or

decline on the basis of whether the settlement offer is too little or generous

in relation to the strength of a case, you should also consider the financial

aspects of going to trial. How much are you going to save in legal

expenses if you accept the settlement?

Be wary of lawyers who seem overly eager to settle when an offer is

made. If a lawyer pushes you to settle, they are probably interested in

protecting themselves from conviction for negligence if they mishandled

your case: A prompt settlement reduces the risk that you will file a

grievance with the bar or start a malpractice action3.

3 Hershkowitz Singer, S. (2003)Attorney Responsibilities and Client Rights.


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A settlement agreement has a number of components to it and you should bear in

mind that 90% of all civil disputes are settled. Consider the settlement option before you

spend large sums of money on litigation.

The following items are generally featured in a standard settlement agreement:

A concise description of the facts of the dispute.

A provision stating the considerations being paid. This will include cash

as well as any other compensation being made.

A release that will completely bar either you or [your opposition] from

bringing any action relating to the dispute being settled.

The closing date that is, in effect, an escape from settlement. If for some

reason, an unreasonably long delay in complying with the terms of the

settlement occurs, both parties will be able to back out of the settlement.

The settlement agreement should be signed under oath by the parties and

before a notary.

A provision for the way in which the parties will settle disputes over the

settlement agreement if one arises. This may be through a court or

through arbitration.

A confidentiality clause may be included.4

Mediations

The role of the mediator is to help parties solve problems in a cooperative

manner. The mediator facilitates communication, which is often disrupted during legal

disputes, and ensures that different angles are appreciated and taken into consideration.

Mediation is generally very private and informal, allowing for all emotions to be

expressed by the parties in dispute.

Not only is mediation often a very successful process for solving disputes, thereare a range of reasons why it is advantageous and recommended in most cases, including

that:

4 Hershkowitz Singer (2003).


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90% of all civil cases are settled, most immediately before trial. Settling during

mediation may avoid both the financial and the emotional investment that is

required when you engage in litigation, and

The American Arbitration Association reported that 85% of the voluntary

mediations it participated in nationwide resulted in settlement.

You [may] have an on-going relationship with the opposing party and want to

continue the relationship;

There [may be] a mutual interest in resolving the dispute quickly

Litigating the dispute will be a long and expensive proposition;

Time [may be] of the essence.

You can obtain more information about mediation and mediators through the

American Arbitration Association website (www.adr.org) or through local bar

associations.

Arbitrations

The method of resolving disputes known as arbitration has a long history; it was

first developed by the Ancient Greeks and Egyptians. Subsequent use in the English legal

system made arbitration a popular method of dispute resolution in the American legal

tradition as well.

In modern legal practice, there are three types of arbitration: voluntary,

compulsory, and remedial.

The basic process of arbitration has six stages: initiation, preparation, prehearing,

conferences, hearing, decision making, and award.

The initiation stage involves the introduction of the arbitrator, the mediator

between the two disputing parties. The arbitrator may develop a signed agreement with

the two parties, detailing a number of points:

The nature of the arbitrators authority;

What procedures are to be used during the formal hearing;

A concise statement about the issue in dispute;
http://www.adr.org/http://www.adr.org/


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Information about the amount of money or property that is involved in the

case, if any; and

A brief summary of the relief that is sought by the two parties.

The other five stages of the arbitration process are similar to processes for a trial:

the preparation stage involves the collection of evidence, including witness statements

and other documentation about the case; the pre-hearing stage offers both sides a chance

to formally prepare for the hearing by discussing the matter and administrative elements

that will apply during the hearing.

The hearing is run similar to a trial, with witnesses and examinations of evidence

pertaining to the case. Arbitration does not involve public hearings, however, and very

often even a court reporter is not used to keep a record of the proceedings.

The decision in the case and the award are determined by the arbitrator, who is

both the judge and the jury during the arbitration hearing. In most instances, the

arbitrators decision is final and enforced by the law.

You should consider arbitration in your case for a number of reasons:

It is less costly and can save you considerable amounts of money in legal

fees;

It does not require the use of legal counsel;

Resolutions are typically speedy, certainly in comparison to court-based

resolutions;

Hearings are typically less formal than court hearings;

Arbitrators are also considered to have more experience in the matters

they review than judges do, so the chances of a fair outcome in arbitration

are often greater than in court-based hearings.


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CHAPTER THREE

SO YOU NEED A LAWYER

Living in the United States, it is extremely unlikely that, during the entire course

of you life, you will never need to hire an attorney. Its almost impossible youll never

have to hire one; such is the nature of the American legal system.

So what do you do when you have a legal problem?

Before you hire a lawyer, you need to establish a number of key elements:

#1 What is the nature of your problem?

#2 Do you actually need a lawyer?

#3 What kind of lawyer do you need?

#4 What do you need the lawyer to do?

#5 How much should you pay?

#6 What should you avoid?

The Nature of Your Problem

Before you make any effort to address a legal problem, you have to define whatthe problem is. Do you have a personal problem or a business problem? Are you

initiating the action against another person or business or are you likely to be the

defendant in a legal action?

Do You Actually Need A Lawyer?

Once you know what problem you have, decide whether you need a lawyer or

whether you can solve the problem without involving one.

No attorney will tell you this but you dont need a lawyer to represent you in

traffic court. You dont need an attorney to process an uncontested divorce, and you

generally dont need one to represent you in Small Claims Court. You dont need an


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attorney to draw up your forms for incorporation and you dont necessarily need one to

process your immigration case.

If your issue is uncomplicated and involves filling out and filing legal forms, you

probably dont need an attorney at all. You have two options for saving on legal costs: do

the work yourself or hire a paralegal to do the work for you.

With a bit of time and effort, you can respond to or file an uncontested divorce,

you can file incorporation documents, and you can file or respond to minor claims. It

generally pays to do a bit of research but most forms are reviewed by court clerks before

they can be filed; this saves judges and other legal professionals time and money

contacting the claimants and informing them of what information is missing and what

needs to be redone.

Your other option is to hire a paralegal to complete the work for you. This will

save you the time and energy of dealing with the issue yourself and is a relatively cost-

effective choice. The best way to find a paralegal is through an attorney friend, a court

reporter, or a private investigator whose judgment you trust. The next best way is to

investigate the professional requirements for paralegals within your state by calling your

local bar association, and calling local organizations and listings.

If your legal issue is complicated or involves a lot of money, you are best advised

to hire a lawyer. Under certain circumstances and with the appropriate cautionarymeasures, a competent lawyer is the best protection you have against serious financial

liability in the event of a major lawsuit.

What Kind of Lawyer Do You Need and How Should You Select A Lawyer?

A jack-of-all-trades lawyer is generally not what you need to handle your legal

issue. If you actually need a lawyer, then it pays to hire one who is specially trained and

who is experienced in the area of law that you are particularly concerned with.

There are many different types of law. You need to determine what type of lawyer

you need, what area of specialty they should have.

If you are dealing with a contested divorce, you need a divorce lawyer

who is experienced with divorce cases. If youre divorce involves children


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and substantial property settlements, you need a lawyer who has a proven

track record in dealing with these issues.

If you are dealing with a business issue, you need a lawyer with

experience and a proven track record in the particular area that concerns

you, whether its corporate litigation, insurance, workers compensation,

imports and exports, international business law, or tax-related issues.

If your dealing with a criminal issue, you certainly need a lawyer with a

track record in dealing with criminal law; you probably also need a trial

lawyer.

Finding a List of Prospective Attorneys

You need to have a list of at least three attorneys who may be able to handle your

case competently. The best way to come up with such a list is to utilize the resources you

have available, starting with personal referrals.

Personal Referrals: The best way to find a lawyer is generally through

someone whose judgment you trust. If you know an attorney, regardless of

what area of law they deal with, they are likely to be able to give you

some names of attorneys who may be able to help you. Call an attorney

who specializes in an area of law that is not related to your issue and besure to ask for the reasons behind positive and negative comments about

all lawyers whose names come up.

Bar Association Referrals: Around the country, bar associations, which

are responsible for licensing attorneys to practice, have created lawyers

referral services. For a nominal fee, volunteer attorneys offer initial client

interviews and give the opportunity for potential clients to ask important

legal questions about cases. Bar association referrals are usually relatively

cheap, averaging around $50 for an initial consultation. They are often

cost-effective as well, offering an opportunity to get an attorneys

perspective on your case and tips about what you should do. You can

probably also get a detailed list of specialists in the area of law in which

you need assistance and sound recommendations.


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Martindale-Hubbell: A reference guide that lists lawyers by geographical

area, the Martindale-Hubbell is always on option for picking lawyers and

reading up on some of the details about any lawyers youre referred to.

The guide, published since 1868, detailing individual lawyer

specializations, their educational background, and any notable

biographical details. Many lawyers are also given a rating, based on a poll

of attorneys in the community. An A rating is considered very high, a

B rating is high, and a C rating is fair. Ratings are offered for ability,

experience, and honesty. The attorneys standard of ethics is also rated;

the placement of a V next to the lawyers name indicates that they have

a high standard of ethics, although the absence of such a rating does not

necessarily mean that the lawyer is bad.

Pre-Paid Legal Plans: Some people have access to pre-paid legal plans,

usually through payroll deduction, credit unions, trade unions, or credit

card companies like American Express, for a low monthly fee. Referrals

tend to amount to telephone listings only, so prepaid plans users should

certainly utilize other resources to find out more about lawyers theyre

referred to through pre-paid legal plans.

The Yellow Pages: One of the largest listings for lawyers is certainly yourlocal phone directory. The Yellow Pages feature most lawyers in your area

and may list lawyers under certain specifications. While the Yellow Pages

is a good resource for finding lawyers names and getting some idea of

which lawyers specialize in the area of law youre concerned with,

lawyers pay for these ads. There is no independent organization verifying

the information about lawyers specializations or experience. If you use

the Yellow Pages or any other phone directory to get names and contact

information for potential lawyers, you need to use another resource, such

as the Martindale-Hubbell directory to get more information about the

lawyers you are considering calling.


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Narrowing Your List

The objective is to pull together a list of at least five or six attorneys who could

handle your case. From that list you then begin making phone calls and arranging

interviews. If you have a long list of prospects, you can minimize it by doing a bit of

extra research. Calling the state bar and then going through the local courthouse civil case

index you can find out whether any of the attorneys on your list have undergone

disciplinary hearings or been directly involved, as either the plaintiff or defendant, in a

civil law suit. You can find out whether any of your prospective attorneys has been sued

for overcharging or malpractice. Going the extra mile is a fairly sure way of protecting

yourself. You should also rule out lawyers who belong to big firms as they tend to be the

most overworked and overwrought. They tend to operate in an extreme political

corporate environment with the unending pressures of bill-or-perish. A legal issue rarely

benefits from handling by such a person.

The Interview Phase

Before you hire a lawyer, you need to interview them. After all, you are probably

going to end up paying them a considerable sum of money to work for you. If you needed

to hire a personal assistant or a secretary, you would interview them first. You need to be

sure that the attorney you hire is the professional you are looking for so there are anumber of questions you need to ask them and a number of things you need to discuss

with them.

Interviewing a lawyer can be a tricky business though. Some lawyers offer free

consultations, requiring you to visit their offices to discuss your case. In most cases, you

should avoid these lures. Free consultations are generally not consultations at all, but

thirty minutes set aside by the attorney for chit-chat, after which they will insist that you

retain them before they offer you any legal advice or assistance. You need to establish

that youre interested in obtaining a clear impression of what the lawyer can and cannot

do for you.

There are several fundamental issues you need to discuss during the first

interview with your first choice lawyer:


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#1 Have they handled legal matters like yours before? How many and what were

the outcomes?

#2 Do you have a case? What is the likelihood of mediation?

#3 Who, in the lawyers office, will handle the case?

#4 How does the lawyer charge and how much? How much do his secretaries and

paralegals charge?

#5 What are the standard payment arrangements?

#6 Does the lawyer want a retainer? What for and how much? Is it refundable?

#7 Does the lawyer have experience dealing with the opposition or with the judge

in the case?

You also need to make sure your attorney draws up a precise contract, detailing every

aspect of the agreement you have made. This contract is a good defense against being

ripped off, so dont waiver your right to have one.

What Do You Need the Lawyer to Do?

When you hire a lawyer, it helps to understand precisely what you want them to

do for you. Understanding what you want or need in a legal matter is often easier saidthan done. There are, however, a few things to keep in mind:

No matter how honest and honorable your lawyer is, they are probably

going to end up charging you a lot of money. Avoid spending a lot of

money on legal issues if you can.

If you can resolve an issue quickly and out of court, it is usually the best

solution.

With these things in mind, one of the first things you should discuss with your

lawyer is the possibility of mediation. Lawyers rarely offer, but mediation is perhaps one

of the best practices a lawyer can undertake for their client.

As another source concurs:


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Lawyers know that settling a case quickly will save clients

a bundle in legal fees. In fact, the rules of professional

conduct require lawyers to consider alternative ways of

settling disputes, such as mediation. For obvious reasons,

though, not all lawyers urge you in this direction. I have

heard lawyers who work on the premise: the longer I keep

you in court, the more money I make5

You should keep in mind that, in litigation and family law cases, mediators are

particularly effective.

Unlike a judge, [mediators] tend to target the emotional

issues behind many conflicts. (He hung up before I could

explain! She cheated with my best friend! He wouldnt

trim his hedge when I asked!) They then help parties

settle out of court. According to Toronto family mediator

Barbara Landau, the process often begins with a simple

apology. "When someone hears, 'I'm sorry,' the trust risesand the anger deflatesInstead of wasting time and money

running to court, we problem-solve."6

Make sure your attorney is prepared to negotiate and mediate if there is any

possibility of that; a gun-ho attitude does not always pay, particularly in very personal

instances, such as divorce cases.

On the other hand, you dont want an attorney who makes a poor effort at

representing your interests. Whether mediation is attempted or not, your attorney needs

the right balance: neither too conciliatory nor to inflexible.

5 Myers, R.C. (2005) The 10 Things Lawyers Wont Tell You,MoneySense Magazine, November 2005.6 Myers (2005).


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How Much Should You Pay?

When you get around to talking money with your attorney, talk specifics. Exactly

how much are they going to charge you? What are they going to charge you for?

Depending on the nature of your case, your attorney will work for a flat fee, a

contingency fee, or an hourly rate.

Small, uncomplicated jobs are generally worked on for a flat fee; you

should consult a couple of attorneys to compare prices.

Personal injury lawyers are primarily responsible for contingency fees and

the slogan, We only get paid if you do. Of course, theres a catch.

Lawyers in particular, rarely work for nothing and will probably bill you

for expenses regardless of whether or not you win your case. Always

discuss the expenses with an attorney who asks for a contingency fee.

You should also keep in mind that a standard contingency fee is between

thirty and fifty percent.

Lawyers generally charge hourly rates of between $150 and $600;

anything above this is either an indication that you have one of the best

lawyers out there or an indication that youre being grossly misled. Check

the rate of your lawyers secretary and their paralegals; consider that youmay end up paying their hourly rates as well.

Find out how often you will be billed by your lawyer and how often they

expect payment.

Remember that everything to do with money is negotiable so discuss an

arrangement with your lawyer that suits you. Get all terms written down in

a contract that you and your lawyer can sign.

What You Should Avoid and Why

An apt analogy: hiring a lawyer is like buying a car second hand. You rarely

know anything about the quality or reliability until youve been around the block a few


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times. You rarely know whether a lawyer is good and reliable until youve worked with

them for a while on your case.

You can look out for a couple of tell-tale signs, though. When you interview with

your lawyer, a couple of things may tell you its time to walk away and find someone

else.

Any lawyer who tries to give you business advice is a no-no. Lawyers

rarely know anything about business, so the advice is probably bad. Its

also outside of their scope; you dont hire a lawyer to give you business

advice; youre paying enough for the legal advice you did ask for. Stick to

law.

Dont be fooled by the lawyer who swamps you with legal jargon or goes

off your problem to overwhelm you with his expertise. Lawyers who try to

impress with an all-out legal jargon attack either dont know what theyre

doing or have an ego that may cloud their judgment in handling your case.

Unless youre in for a show-trial, avoid ostentatious lawyers.

Walk away from any attorney who advertises as a specialist only to refer

you to someone else. Only general practicing attorneys should refer you

to a specialist. Even then, beware. Some indiscriminate lawyers make a

good living from referrals alone. You dont want to unnecessarily pay forsomeone elses meal ticket so find your own specialist.

If your attorney cannot give you their full attention during your allotted

meeting time, walk away. An attorney who allows interruption during

your meeting time is unprofessional and unlikely to give your case the

attention it deserves.

Finally, stay away from the used-car salesmen of law; attorneys who

aggressively promise you big wins rarely deliver. Your money is better

spent elsewhere.

Points to Consider When You Need An Attorney

The principle reason attorneys have such a bad image is their ferocious greed. The

client is at high risk to get swindled, but theres very little you can do to protect yourself.


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You can dispute your lawyers charges on the bills that your receive, explaining why you

consider an item unreasonable. You can ask your lawyer to reduce the charges. But if

your lawyer refuses, theres little you can do to push them. Unless you can prove your

attorney was dishonest in their open financial dealings, youre unlikely to get any

retribution.

Attorneys know how to bill their clients. They know how to create billable hours

and to cover their tracks. In 2004, the Law Society of British Columbia received 1,534

complaints about lawyers in the province and ordered only 30 penalties.

And what youre lawyer will never tell you: its tough to win a case against them

for malpractice:

Some 68% of malpractice claims from 1996 through 1999closed without the client receiving payment from the

lawyer's insurance company, and only 6.7% netted more

than $50,000, according to a 2001 ABA survey Why is it

so hard? For one thing, only an estimated 30 to 50% of

lawyers even carry insurance, so collecting is a long shot.

Plus, to win your case, you have to prove not only that the

lawyer failed to perform but also that your case would have

turned out differently had he done a better job. Hard to do,

since a legal issue is seldom a slam-dunk, even if the

lawyer does everything right.7

You should also watch out for the overworked, overstressed lawyers who could

prove a general hindrance to your case.

Amongst the most common impairments to lawyers professional abilities are

uncovered by disciplinary cases filed by clients:

An Illinois survey found that 40-75% of discipline cases involve a chemically

dependent or mentally ill practitioner.

7 What Your Lawyer Will Never Tell You (2003).


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A Louisiana study found that 80% of Client Protection Fund cases involve

chemical dependency or a gambling component.

A study by John Hopkins Medical School found that of 28 occupations surveyed,

lawyers are 3.6 times more likely to suffer depression than the average person.

All fifty states have developed lawyer assistance programs or committees focused

on quality of life issues, employing the use of intervention, peer counseling, and

referral to Twelve Step Programs to assist in the lawyers recover process.8

In the event that your attorneys billing is suspect or if you suspect your lawyer

may have a mental illness or dependency issue of any kind, you must dismiss them

immediately.

The best way to protect yourself from your lawyer is to be vigilant and involved

with your case so that you can note discrepancies in their billing and performance.

What Message Is Your Law Firm Sending the Opposition

On final issue to keep in mind is the message your new law firm may be sending

to the opposition. If you hire the best known, most expensive law firm in your area

thinking that their downtown, high-rise, multi-floor mahogany cathedral will intimidate,

impress, or cower the opposition you could be making a big mistake. This is especiallytrue if youre the Defendant in the case. You may be sending a message that you have a

lot to lose and youll do anything to protect it. This can and will get in the way of an

early settlement option for any reasonable amount of money. Your opponents attorney

will smell blood in the water, I mean money and assets you want to protect. So be careful

what messages your law firm may project that could hinder your position.

8Herskowitz Singer (2003)


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CHAPTER FOUR

ACCOUNTING BY LAWYERS

#1 Billable Hours

The term, billable hours, is something that attorneys become very familiar with as

soon as they graduate from law school. The ability to generate billable hours is what

major law firms are looking for; more than any other talent or skill, generating billable

hours gets attorneys a plush office and a big pay check.

InHow Not To Get Screwed By Your Lawyer, Gray quotes Abraham Lincoln: A

lawyers time is his stock and trade. Its a phrase to take literally.

If you ever received a bill for an attorneys time, you

probably had the naggingfeeling that you were being

grossly over charged. You can rest assured that you are not

paranoid and that your suspicious were probably justified.

Overcharging for legal fees is so ingrained in the system

that it has becomean accepted practiceAt many large

firms, it has become a requirement. In addition to salaries,large law firms typically spend considerable amounts of

money for office space in high-rent office buildings and

auxiliary expenses like plush office furnishings and fixtures

to impress clients.9

Attorneys learn very quickly how to generate billable hours and thus how to rip

off their clients. As Grays anecdotal fledgling attorney peruses, forty hours a week at$100 per hour adds up to $200,000, not $300,000Where does the other $100,000 come

from?

9 Gray, et al (1996).


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Billable hoursthats what its all about. How many

dollars you can squeeze out of every file. The trick is how

to make forty minutes equal an hour, and its not at all

difficult10

Any time your attorney spends working on your case, you will be charged.

Sometimes when they are not working on your case, you will also be charged. Its

important that you, the client, review every bill your attorney sends and its important

that you carefully review the number of hours you are being charged for.

Trick #1: A phone call is time, and time is money

Most legal cases require attorneys to make phone calls. They may call you to

discuss an issue. They may call your associates, your opposition, or your oppositions

attorney. Your lawyer may also call other lawyers, expert witnesses, and secondary

people. Every time they make a phone call, you will be billed for the time.

To avoid overcharging on this item, insist that your attorney keeps a time log of

the time they spend on each phone call. Make sure you also keep a time log of phone

calls with your attorney. Find out if there is a minimum charge per phone call as some

firms bill for a minimum of, say, one fifth of an hour.

Trick #2: One of the best ways to build up your hours is to review the file.

You also need to keep an eye on billing items that fall into the categories of case

reviews. To pad their hours, many attorneys bill for reviewing your case file. This

covers a multitude of sins, as Gray explains in his anecdotal story of the fledgling

attorney:

Review the complaint, the answer, the depositions, the

interrogations, the documents, the legal briefs, the motions

review it al. Now, review doesnt have to mean sitting

down and actually reading the file. If you think about the

10Gray, et al (1996).


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case when you are driving to work or going home even

when your taking a shower you are reviewing the case, so

bill for it. You spend two hours a day driving two and from

work; think about the case and dont forget to record the

time

Another important tip: Get to know your

opposition. He is not your enemy. On the contrary. Hes

probably a junior associate, just like you, and is trying to

get ahead. You can get ahead together. Take him to lunch

and discuss the information you need. Hell appreciate it.

He has billable hours and so do you.

If you have a question, dont hesitate to get in

touch with one of your colleagues at the firm and ask his

opinion. Back this up in your file by inserting a memo that

says, for example, I would appreciate the comments of the

Real Property Division before proceeding further. That

will give you backup in case the client questions the bill.11

Question items on the bill that look to be padded time, particularly if the item is

related to reviewing the case. Dont underestimate the guile of attorneys when it comes to

bill padding. In the case involving the Los Angeles Police Department versus Rodney

King, the losing party was obliged to reimburse the winning party for legal fees and

expenses incurred during the trial. According to Grays notations, Rodney Kings

attorneys billed him for $4.4 million dollars; the bill was passed on the City of Los

Angeles, which was also obliged to pay Kings $3.8 million dollars in damages. Among

the listed items, Kings attorneys had charged $81.25 for reading a newspaper articleabout the trial, $650.00 for attending Kings birthday party, and $1,300.00 for

accompanying King to see the filmMalcom X.

11 Gray, et al (1996).


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Why You Should Worry About The Bill

In one way or another, extravagant bills passed on to city and state authorities end

up being paid for by the tax-payers. To stop extravagant billing at this level, it is

necessary to stop it at the grass roots level.

Strongest arguments exist against the use of the hourly rate for billing, which is,

after all, the most common form of billing among attorneys. One of the strongest is that

hourly billing rates rarely encourage lawyers to get a job done quickly. Lawyers are

difficult to sue and their work is difficult to keep track of. They often get away with

overcharging clients so there is no real risk to them stalling on their work.

To facilitate the best possible outcome for your legal case, at the best possible

cost, you should establish our intention to keep a tight reign on your purse strings and to

dispute billing discrepancies. Moreover, you should arrange with your lawyer that if the

work is completed satisfactorily within a certain time frame, you will pay them a bonus.

If the work is not completed satisfactorily or if it takes an unnecessarily long time, you

should make clear that you will dock the payment. The way to control a lawyer is to

appeal to their greed: pay them well if they do a good and fast job. Dont pay them if they

do a bad job and stall your case.

#2 Stalling The Legal Process

Aside from watching the bill and billable hours, knowing as much as possible

about how your case can or should be handled will help you to keep down your legal

costs and push your lawyer to do a good job quickly.

A number of important legal processes should become familiar to you, the first of

which are writs and motions. Remember that your familiarity with these processes, what

they are intended to do and how lawyers abuse their practice, may save you a lot of time

and money in your legal battle.

Two of the most basic aspects of the United States legal system relate to the

notion that it is unlawful to undertake any legal action without offering the opposition


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proper and timely notice of the action you have taken. Writs and motions are behind

this principle.

However, you need to monitor the writs and motions filed in your case. There

are lawyers and not just a few of them who do nothing but file frivolous motions so

they can bill for the court time12. Attorneys are required to appear before a judge to

review and verify all motions filed, providing excellent billable hours and opportunities

for bill padding.

Discovery is the disclosure of that which was previously hidden and in law it is

used to facilitate the discovery of the truth of a case and, although this is rarely the

outcome, to facilitate dispute settlement.

Unfortunately, lawyers tend to subvert the process of discovery and turn it to their

advantage. An incredible 80% of legal bills owed by American companies comprised of

charges for discovery. In most major and medium-sized law firms, attorneys pad their

bills for discovery by gathering essentially useless volumes of information, and unrelated

documents. Documents are rarely read by discovery attorneys, or anyone else you are

paying, for that matter.

Discovery charges are not only used to pad bills to clients, they can be used to

push your opposition over the edge financially.

Too often today, lawyers are using discovery rules not to

find the facts, but to force a financially weaker opponent to

surrender by making costly demands for documents and

voluminous and often unnecessary interviews of possible

witnesses.13

If your case involves discovery, be sure to keep tabs on this as well. Dont just ask

to see the documents, because most lawyers will be able to pass them on to you. Ask to

12 Gray, et al (1996).13 Gray, et al (1996).


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know precisely how the information is being used to further your case; less is generally

more.

Interrogations are written questions used by lawyers to formally request particular

information from the opposition. Once a complaint is filed in the court the first set of

interrogations are sent by mail to the opponents counsel with instructions on how

answers should be provided.

Beware that interrogations often run to second, third, and fourth sets of questions

back and forth between opposing lawyer parties. You or your opponents can also object

to answering questions put before you, leading to motions to compel, affidavits and

declarations, and legal briefs supporting them.

When you check the bills from your attorney, look out for interrogations. If the

amount looks excessive, ask for clarification and be prepared to find another attorney.

You should keep a particularly close watch on depositions. In legal cases, a

deposition is an examination of a witness taken under oath, with every word taken down

verbatim by a court reporter.

Depositions are particularly costly and can be abused in several ways. One of the

most common abuses is the practice of deposing everyone who has a remote connection

to the case. The second method of abuse is the practice of asking many unnecessary andoff-topic questions of each witness, resulting in pages of questions and answers from the

witness that have no bearing on the case.

As you have to pay for the attorneys time and all elements related to the

production of a transcript (the court reporter, the paper, the printer ink, etc), it is worth

your while to also keep tabs on your attorneys use of depositions; again being prepared

to challenge the bill and to walk away if you have trouble.

If your case does go to court, as discussed earlier, you also need to be aware of

the Mandatory Settlement Conference that will be required in relation to your case. Most

courts in America have mandatory settlement conferences as part of the judicial process.

The purpose is to have both sides and their attorneys appear before a judge to discuss the

case and attempt to facilitate reconciliation.


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There are, however, a number of problems with the mandatory settlement

conferences:

Mandatory Settlement Conferences (MSCs) are ordinarily

held after discovery has been completed and huge

attorneys fees have piled up. Similarly, courts of appeal

establish settlement conferences, but only after briefs have

been filed and extensive legal fees have been charged.14

You are at risk to be billed excessively for your attorneys efforts relating to the

MSC as well. Not only will you be billed for the actually time spent before the judge, but

your attorney is likely to review notices relating to the MSC and to make further use of

the time.

Keeping a handle on your attorney is important. It is a violation of your rights if

your attorney charges you excessive fees and it is your attorneys responsibility to do a

good job with your case.

Consider the following notes on excessive fees presented in a general guide to

attorneys responsibilities and clients rights:

All fees must be reasonable based on the circumstances

Whether the fee is excessive depends upon the

circumstances. What seems excessive may actually be

considered a reasonable fee. Based upon the lawyers

location, the community where they lawyer practices, the

customary charges in the area, education, expertise, and

experience, and size of the law firm, as well as the

complexity of the matter, a lawyers rates may seem

exorbitant, but indeed be considered reasonableThe

standard to determine if the fee was excessive is based on

14 Gray, et al (1996).


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asking if the fee charged was so exorbitant and

disproportionate to the service rendered that a persons

conscious would be shocked.15

If you think you are being overcharged, attain answers to the following questions:

How much time and labor was actually required? Is it reasonable that the work

could have taken substantially less time than your lawyer charged you for?

What was the level of difficulty for the task or for the case? Was the issue familiar

to the lawyer? What special skills did the lawyer have to exercise to complete the

work?

Did your case require your lawyer to neglect other work and turn down other

work?

What is the standard fee charged in your area for the work that your lawyer

completed?

What is your attorneys reputation and standing within the legal community? Are

they considered experts in the area of legal practice with which your case was

concerned?

If the case involved damages or money, how much money was involved and what

was the outcome of the case?

Did you impose time limitations on your attorney? Did circumstances impose

time limitations?

What is the nature of your professional relationship with the lawyer who handled

your case?

What are the lawyers levels of experience, reputation, and ability?

Was the fee fixed or contingent?

Review your answers to these questions and be prepared to take up any issues

with your lawyer and the bar association.

15 Hershkowitz Singer (2003)


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CHAPTER FIVE

AVOIDING COMMON PROBLEMS

Different areas of law attract different kinds of attorneys. Different kinds of

attorneys have different methods for overcharging and disrupting clients and their cases.

This section offers information of the main areas of law and the particular problems

relating to each area; what you should look out for and be aware of when you hire and

work with a lawyer to resolve an issue pertaining to a specific area of law.

Bankruptcy Law

Massive changes in the structure of American industries forced millions of peopleto file for bankruptcy in the face of economic ruin. Although the most significant

downsizing took place during the 1980s and early 1990s, bankruptcy, now a legal

specialty, remains a serious consideration for many individuals and families who can no

longer meet their expenses and debts.

Unfortunately, many bankruptcy lawyers create more problems for their clients.

Bankruptcy was quickly represented as the panacea for the financial problems of the

beleaguered public16

.

The first thing to bear in mind: liquidation bankruptcies are considered fairly

routine. They also take relatively little time. For an attorney, processing liquidation

bankruptcies can generate a very high financial return, so consult with an attorney or

alternative financial adviser before you accept an attorneys suggestion that you file for

bankruptcy.

When you consider filing for bankruptcy, you need to be clear about the

consequences. Attorneys will readily tell you several positives about filing.

They may tell you that bankruptcy will:

erase all your debts;

protect your property from creditors;

16 Gray, et al (1996).


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stop your ex-spouse from receiving alimony, child support, or properties

divided in the divorce proceedings;

not affect your credit rating.

Unfortunately, these so-called outcomes of bankruptcies are myths. Bankruptcy

has serious repercussions for your financial health. Although it will offer you a temporary

stay and may allow you to sue creditors who ignore the automatic stay, bankruptcy

does not automatically protect your property or cancel all of your debts.

The big problems with bankruptcy, about which most bankruptcy attorney will

not tell you, are:

Any bankruptcy will appear in your credit history for ten years, making it

difficult to obtain credit or do anything that requires a good credit rating.

After filing for bankruptcy, it becomes almost impossible for you to ever

secure a mortgage because you are labeled as a foreclosure risk.

Instead of going to a bankruptcy attorney you should investigate your other

options. One of the first you should consider is the Consumer Credit Counseling Service

or CCCS. The CCCS is a national, non-profit organization that provides debt counseling,

budget planning, and debt consolidation for a small fee. They will give you, at the least,

an independent opinion of whether or not you need to file for bankruptcy. Look in your

local phone directory under Credit and Debt Counseling to find your local listings.

Debt counselors will also help you understand what type of bankruptcy filing may

be appropriate for you. Dont trust a lawyer to make this decision for you. There are three

main types of bankruptcy:

Chapter 7: This is the most common form of bankruptcy, filed by the

average consumer to overcome credit card charges and other debts. The

repercussions are, however, very serious. Although you can overcome

certain substantial debts, a long-term record of the bankruptcy will leave

you with a very poor credit rating. You may not be able to purchase a

home or a car. You may also find it difficult to rent properties or obtain


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approval for other amenities that are awarded for average to good credit

ratings.

Chapter 13: This type of bankruptcy allows you to work on a plan to pay

off your creditors over a set period of time. You can file under this chapter

if you have unsecured debts of under $100,000 and secured debts of under

$350,000. This chapter does, however, depend upon a judge approving

your debt repayment plan; if the plan is not approved, your bankruptcy

filing may be converted to a Chapter 7 and you then are at risk to lose

property in liquidation.

Chapter 11: The most complicated form of bankruptcy, Chapter 11 is

generally reserved for business people or for people who have assets

outside of the limits imposed by Chapter 13. Because of its complexity, a

Chapter 11 filing should always be undertaken with the assistance of an

experienced and competent bankruptcy attorney.

Before you go about looking for an attorney, consult with debt counselors to

determine whether bankruptcy filing is right for you and what type of filing you should

undertake. Then consider your other options: could you file for bankruptcy yourself (with

the help of do-it-yourself guides and resources)? Could you use a paralegal to do thework and save yourself the attorney fees?

If you decide that you need an attorney, you need to watch out for a number of

types.

Avoid like the plague:

Attorneys who have ever been disciplined by the bar or put on probation.

Attorneys who actively solicit your business.

Any lawyer who wants you to sign over a second trust deed on your home

to secure his legal fees.

Any attorney who is not upfront about their fees, stating explicitly, in

writing, what they will do for the fee they quote to you and what extras are

not included and will be additional costs.


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Criminal Law

To emphasis the importance of finding a capable attorney to represent you in

criminal cases, its worth quoting Dudley Grays key passage on the issue inHow Not To

Get Screwed By Your Attorney. Drawing from experience, he states that thousands ofpeople go to jail every year because their criminal attorneys were inept, lazy, or

downright stupid.

The importance of having a competent criminal attorney in

your corner from the outset of your case is even greater if

youre innocent. As a criminal attorney who has tried every

kind of case, including fifty homicides cases[Dudley

Gray] has witnessed many times the tragic results of an

innocent person being asked by the police, Do you want

an attorney?, and answering, Why would I need an

attorney? I didnt do anything. Without the aid of a good

criminal attorney, an innocent person can easily get

railroaded straight to prison.17

An even more poignant point is made in the paragraph following, that

Nobody cares if your innocent not the cops, not the

prosecutor, not even your attorneyWith criminal

attorneys, the game is money. With cops and prosecutors,

the game is to rack up enough arrests and convictions to

make them look good in the eyes of the high ups. To both

sides, the criminal justice system is nothing but a game,and you are a pawn on the board.

18

17 Gray, et al (1996).18 Gray, et al (1996).


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There are two types of crimes and attorneys who specialize in criminal law may

not actually specialize in both types.

Misdemeanors are the less serious crimes, such as driving under the influence,

shoplifting, petty theft, writing bad checks, drunkenness in public, or trespassing. These

types of criminal cases constitute the majority.

Felonies, on the other hand, are more serious crimes, like burglary, murder,

manslaughter, robbery, narcotics dealing, and major fraud. As felonies almost always

carry jail time, you should not waste time with a bad attorney. Take the time and put in

the effort it takes to find a good attorney.

There are a number of things you should avoid:

Dont call an attorney from jail with the intent of having them represent

you. Its a waste of your time and of the phone call. Call a bail bondsman

instead or make other arrangements to have bail posted. Start looking for

an attorney once you are out of jail.

Dont hire corporate or non-criminal attorneys to represent you in a

criminal case under any circumstance. Even in white-collar crimes, which

corporate attorneys have been known to handle, hire a criminal attorney

with experience. Corporate and other non-criminal attorneys invariably

botch criminal cases. Avoid the high profile law firms with the big gun lawyers. Youre case

will not receive the attention it deserves from these types, but youll be

charged astronomical amounts for representation.

Avoid the court appointed attorneys if at all possible. Under law, if you

cant afford your own representation then the state will appoint on for you.

Judges usually appoint the same lawyers, known in the trade as

roundheels, because they roll over easily on every chargeThey will

never take a case to trial, they wont make a lot of motions which the

judge will have to rule on, and theyll grind the client down quickly to cop

a plea so that the judge can keep his afternoon golf date19.

19 Gray, et al (1996).


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Dont hire the courthouse hustlers, who pick you out as the defendant in

a case and scare you into accepting their legal counsel. Youll also be

handing over your purse strings to these types so avoid them.

Stay away from attorneys who appear afraid to go to trial. They generally

have very little experience and the experience they have of being in a

courtroom has scared them for life. They wont be able to help you, even

if it is best to avoid going to trial in your case. Youre attorneys judgment

should not be impaired.

Never hire the criminal attorney who promises he can solve all your

problems in the face of inevitable, looming disaster20. They run scams to

overcharge you and get the same results a reasonable attorney would for a

fraction of the price.

Family Law: Divorce

Most family law issues center around child custody and, thus, in many instances,

around divorce.

Divorce is an area of law that many lawyers, good lawyers, avoid like the plague,

because it is so often driven and complicated by extremely powerful emotions between

the two parties. Its generally better to have a divorce mediated or to try to discuss a

settlement with your spouse without involving a third party.

If you do hire a divorce lawyer, avoid the following types:

Lawyers who offer cheap divorces, also known as divorce mill lawyers.

Stay away from lawyers who only represent one gender (men who only

represent men; women who only represent women) in divorce cases. They

invariably have conflicting interests and will do you no good in the long

run.

Attorneys who add fuel to the fire of any dispute between you and your

spouse are going to create more problems than you need or can afford.

20 Gray, et al (1996).


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Probate Law

Probate law refers to the procedure that changes the legal ownership of property

when a person dies. To avoid length legal disputes among your surviving relatives, it is

certainly advisable, if considerable property is at stake, to draft a will that properlyreflects how you want your property to be divided and distributed among your surviving

relatives.

Real Estate Law

To avoid complications, in some real estate dealings you need to have the

assistance of a qualified attorney. The most common instances are:

When you have purchased a home or another major property and you find that the

seller misrepresented the building, concealing elements such as environmental

hazards.

When the lender on your property or one of your creditors begins a foreclosure on

the property for nonpayment of a debt.

When you are involved in a complex real estate deal.

When you are involved in an unsolvable landlord-tenant dispute.

When a transaction involves insurance issues or claims.

When you are being sued or suing for breach of contract.

Unlike most other types of lawyers, real estate lawyers are generally trust worthy.

Some states also require or strongly advise that you hire a lawyer to review your real

estate purchase deal, in which case you are fine hiring a lawyer from the equivalent of a

personal injury mill. Real estate mills, where lawyers deal with a high-volume of basic

real estate cases, are perfectly reputable and the ideal place to find a real estate lawyer to

handle a simple case.

When you have a more complex case involving real estate, you are strongly

advised to seek out a real estate lawyer with experience handling cases similar to yours.

Saving money and controlling your lawyer involve you being duly diligent. The same

thing applies when you are contemplating a real estate deal and would like to avoid the

need to hire a lawyer. Be diligent: ask for a contract and reading every element; know


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your rights and your landlord or attorneys responsibilities; get everything in writing so

that it is clear if your contract or agreement is breached later on.


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SUMMARY

At some time in our lives, were all likely to deal with attorneys. It is the nature of

the society we live in; its only becoming more so. Attorneys can be as horrendous as

their public image suggests; indeed, this report draws from sound evidence of attorney

malpractice and general illegal activities, such as padding bills and deliberately

misleading clients to make a profit. But acknowledging the problem is the first step to

finding the solution.

Understanding the way that lawyers are likely to try to swindle you, as their

client, is the first step to protecting yourself. Being vigilant and diligent about selecting

and working with an attorney are the two other pieces to the puzzle. Not all lawyers are

corrupt, incompetent, and downright criminal. Some do still believe the law to be a

hallowed profession, despite the personal issues it also creates for many practitioners,

including depression and substance abuse issues, as reports from medical research

institutions like Johns Hopkins indicate.

Recognizing that there are other options besides filing lawsuits and following

through with litigation is the second step to avoiding costly legal bills, which you may be

subject to, even if you have an honest and competent lawyer.

Always ask yourself: Do I need an attorney?

Can this problem be resolved by settlement, mediation, or arbitration

before you consider a trial or hefty litigation?

When you need an attorney, always take the trouble to find a competent one and

always stay involved in the litigation of your case.