Checklists for Life

14

The Law

The lists in this section fall under the “read it now in case you need to know it later” category. Most of us would be just as happy never to encounter the legal system, but in case you do, having the information in these lists will make a scary situation a lot less scary.

 When to Call a Lawyer

They usually cost a lot of money to hire. Their integrity is mocked in scores of jokes. In general, the world loves to hate them. But sometimes there’s no way around it: you just have to call a lawyer. It isn’t possible to foresee every scenario, but the attorneys who assisted in the preparation of this checklist advise you to call one of their colleagues if:

1.	You are arrested or charged with a crime or learn that you are being investigated by the government.
2.	You are served with a search warrant.
3.	You receive any document that directs you to respond or to appear in court, or before any government agency. These include: subpoena, summons, complaint, or arbitration demand.
4.	You are in an automobile accident resulting in injury to persons or property.
5.	You have been hurt or your property has been damaged by someone else.
6.	You have a dispute with an insurance company over payment of a claim.
7.	You have been treated unfairly by an individual or a business and it has caused you financial loss.
8.	You are contemplating getting a divorce, adopting a child, or are having problems with child support or visitation.
9.	You are a victim of domestic violence, or your child has been abused.
10.	Your special needs child is not receiving proper or adequate educational services from your public school.
11.	You are concerned about an alcoholic, drug-addicted, mentally ill, aged, or disabled family member, relation, or friend who needs governmental services.
12.	You believe that someone is asserting or has asserted undue influence over the decisions or financial affairs of a family member or relative.
13.	You want to have a will, trust, or estate plan drawn up, or if a relative dies leaving you an inheritance.
14.	You are contemplating filing for bankruptcy.
15.	You have been terminated from employment or demoted for reporting a violation of the law.
16.	You believe you are being discriminated against in the workplace based on race, gender, national origin, age, religion, sexual orientation, or because of a disability or illness.
17.	You are being subjected to a hostile working environment as a result of the conduct of other employees, supervisor(s), or your employer.
18.	You have a problem involving real estate, such as with a landlord or tenant, a boundary dispute, or a zoning or other land-use violation.
19.	You want to buy or sell a business or real estate, or are involved in a complicated real estate transaction, especially in an area subject to governmental regulation.
20.	You want to challenge the actions of a government official.
21.	You believe your rights have been violated by an individual or by a government agency.
22.	You are not receiving benefits or services for which you have applied, or believe that you are entitled to receive from the government.
23.	You believe that a governmental agency is not effectively enforcing the laws with respect to someone else’s activities and this has an impact on you or your property.
24.	You want to obtain a patent or copyright.
25.	You want to know what your legal rights, duties, and obligations are with respect to a specific situation.
26.	You are advised to do so by another professional, such as an accountant, tax, or financial adviser.

Questions to Ask Before Choosing a Lawyer

The first step in hiring a lawyer is to come up with a list of prospects recommended by people you know and trust. In addition to your family and friends, ask professionals such as your accountant, doctor, or financial planner for recommendations. Your state bar association may be able to give you a list of lawyers in your area, but understand that the bar association is only passing along names, not making recommendations. Once you have a list of candidates, use these questions to check the credentials, experience, and compatibility of those you are considering. You can’t ascertain compatibility by asking specific questions, but take into account the way the lawyer relates to you in the telephone and in-person interviews.

 ON THE TELEPHONE

Start with a phone call to find out which attorneys may be worth the time (and possibly the money) involved in a face-to-face meeting. Describe clearly and briefly why you’re seeking legal assistance and ask questions that focus on the attorney’s suitability for handling your case.

1.	Have you handled this type of case before?
2.	How many years have you practiced?
3.	What kinds of cases do you handle most often?
4.	Is there a fee for the initial (in person) consultation? If so, how much?
5.	Do you sign a written fee agreement with clients?
6.	What are your rates for this type of case? Are your fees negotiable?
7.	Would you be the lawyer actually working on my case? (Sometimes you’ll be talking to a partner who’s adept at “selling” the firm, but will hand your case over to a staff attorney. You may not want to sign on with a firm that doesn’t let you interview your potential lawyer on the telephone.)
8.	May I have the names and phone numbers of clients you’ve represented with cases like mine? Before you schedule in-person interviews with the lawyers who pass muster over the telephone, call your state bar to find out if any have been publicly disciplined and to confirm that they are licensed to practice law in your state.

 IN PERSON

An in-person interview can then help you determine whether the lawyer is experienced enough and willing to take your case, what services the lawyer will perform and how much you will be charged, and whether you and the lawyer communicate well. Prepare a brief summary of the facts and dates relevant to your case and take it, along with any pertinent paperwork and documents, to each interview.

1.	What are the strengths and weaknesses of my case? What is the likely result of my suit?
2.	Might the case go to trial? Be settled out of court? How much could I win? What might I lose?
3.	What percentage of your cases have been like mine? What percentage of those have had favorable outcomes?
4.	Can you describe some of those experiences for me?
5.	How long, from start to finish, do you think this case might take?
6.	How are your fees calculated? What is my total bill likely to be?
7.	Do you require a retainer (up-front payment)? How much?
8.	May I have an itemized bill? (You have a right to ask for details on your charges.)
9.	Will you consult me prior to taking action or making important decisions on my case?
10.	How closely will we be in touch during the process? How often might I be hearing from you?

 Preparing for Traffic Court

Many people are reluctant to fight traffic tickets, even if they suspect they’re in the right. They’ll pay the fine by mail, which amounts to pleading guilty to a misdemeanor moving violation, just to avoid the hassle of going to traffic court. But since moving violations (as opposed to citations for mechanical defects or illegal parking) can damage your driving record and hike your insurance rates, showing up in court may be worth the trouble. Here are some tips from a veteran police officer on how to minimize your losses.

1.	Be respectful. No matter how angry or resentful you may feel, don’t go into the courtroom with a chip on your shoulder.
2.	If it’s serious, hire an attorney. If you’ve been charged with reckless driving or another serious moving violation, you’ll be better off with an attorney. Without one, it is simply your word against the officer’s, and the chance of persuading the judge in your favor is slim.
3.	Bring documentation. If you’ve been charged with speeding and you plan to throw yourself on the mercy of the court because your speedometer was broken, bring proof that you’ve had it recalibrated to court. Just showing up and claiming your speedometer didn’t work won’t get you anywhere.
4.	Flaunt your good behavior. If you have a clean driving record, and can plead extenuating circumstances, you may be able to ask the judge for a lesser offense. Use steps 1 through 3 to help you do this. If you have a long list of traffic offenses, just pay the ticket.

 Preparing for Small Claims Court

Small claims courts exist to provide quick and accessible legal resolution for disputes about relatively small amounts of money. Rules governing small claims vary from state to state—for example, the maximum amount you can sue for varies from about $1,000 in Virginia to $5,000 in California.

Speed and informality are the best things about small claims court. The entire process from filing a claim to receiving a judgment usually takes only a few weeks, while the complicated legal maneuverings in civil court proceedings may stretch over years. Some states keep small claims courts so informal that they prohibit lawyers from participating. In any case, it’s rarely cost-effective to hire a lawyer for these disputes, given the small sums at stake and the high hourly fees usually charged by attorneys. It’s not difficult to represent yourself, as long as you prepare carefully. Consult a legal guide for explanation of your state’s laws, and use this list to help you get organized.

1.	Begin by sending a letter to the person or company with whom you have a dispute. Make the letter brief and clear, outlining the issues and the response you expect. This is called the “demand letter” and may get you results without going to court. At the very least, it provides a clear statement of your claim and shows you tried to resolve it with the other party.
2.	Save every item related to your case. The judge will make a decision based upon the evidence presented by both sides, not on what is said. Correspondence, bills, receipts, photographs, letters from experts—anything that can document your version of the truth—will determine the outcome of your claim.
3.	Call your county clerk to find out which court you must use to file your claim. (You may be required to go to a court near the defendant’s home or business.)
4.	File your claim with the small claims clerk. Call the clerk’s office to ask when the clerk is available before you make the trip. Also ask about filing fees—how much they are and whether you must pay with cash.
5.	Take a copy of the demand letter and all the documentation related to your case when you meet with the clerk. These will help the clerk assist you in drafting the complaint.
6.	Don’t hesitate to ask the clerk for advice on how to file the suit. His job is to help people use the system and he should be happy to work with you.
7.	Be on time for court, but don’t be surprised if you have to wait.
8.	Ask your witnesses to arrive promptly.
9.	Have a carefully prepared written summary in addition to your documentary evidence. Write it all out ahead of time so you don’t lose your train of thought or forget important details when explaining your side to the judge. The proceedings are informal, but you’ll still need to be concise and persuasive.