THE IMPORTANCE OF HAVING A PERSONAL ATTORNEY

What do you do in an emergency or a family crisis? If your problem is of a medical nature, you rush to the emergency room. If your problem is of a legal nature, there is no emergency room, and you may find yourself scrambling for references to available attorneys in the hopes that one of them can handle the problem competently without charging huge legal fees. If you already have a personal attorney, however, you don't have to panic and you can concentrate on deciding upon the best course of action for you or your loved one. Your problem is minimized because you can focus on important tasks such as gathering information and you don't have to worry about whether you will receive the personal attention needed for the resolution of your problem. Your personal attorney will handle all the aspects of the case that require immediate attention and, if necessary and appropriate, will see to it that special counsel and experts are retained to deliver the best possible results for you.

REFERRAL SERVICES

If you don't have a personal attorney, you should avail yourself of the referral services offered by the bar association in your area. For a nominal fee, you can have a conference with an attorney that practices in the area you request. You can use this service as often as you wish, for the same matter or for a different case. You may also be able to use legal aid services if you meet certain qualifications.

The following situations show the importance of retaining a personal attorney for advice in a myriad of circumstances:

PERSONAL INJURY

• Ben has one lawyer to whom he turns when he needs legal advice in real estate matters and general information in his business transactions. When Ben was injured in an auto accident, his attorney referred him to three personal injury attorneys. Ben chose one of these attorneys and retained this attorney on a contingency fee basis with Ben receiving 2/3 of the proceeds after payment of costs. Thereafter, Ben's lawyer counseled him throughout the personal injury matter and assisted the personal injury attorney in settling the claim to Ben's satisfaction. Ben did not have to pay additional attorney's fees because Ben's lawyer received his fees out of the attorney fees paid to the personal injury attorney.

PRIMARY ATTORNEY

• Charlene has several lawyers, a corporate attorney who represents her in her business dealings, a family law attorney who is preparing a prenuptial agreement for Charlene's second marriage, a patent attorney who applied for her latest copyright, and her college friend who keeps her living trust up to date and makes sure she's happy with the services of the corporate attorney, the family law attorney, and the patent attorney she has referred to Charlene. Charlene considers her college friend her primary attorney. If she were to need someone to represent her on a traffic violation or a landlord-tenant matter she would consult with her primary attorney immediately.

BUSINESS MATTERS

• Kyle wanted to go into the retail business with two friends. Kyle's family attorney helped them find a business attorney who, in turn, helped them choose a business entity known as a limited liability company. This attorney formed the company, negotiated the lease for the business premises, and worked with the company's accountant to make sure their desired allocations of profit and loss would pass scrutiny with the IRS. Kyle's personal attorney counseled him throughout the transaction and continues to provide advice to Kyle as a member of the company on such matters as the meaning of the terms of the operating agreement as applied to Kyle's individual situation. If problems arise, Kyle is assured of having personal legal representation.

EMPLOYMENT MATTERS

• Philip used to have a lawyer before he moved. The lawyer who did his will does not practice in Philip's new state and does not know any one who can help him with his employment agreement. Philip now realizes that he should find an attorney who will be "on call" for him and his family. Philip plans to take advantage of the attorney referral service offered by his local bar association. At nominal cost, he can interview several attorneys specializing in employment contracts. Once he has found one he likes, he can use this attorney for his employment contract negotiations, retain this attorney on other matters, obtain referrals from this attorney or use the bar association referral service again.

SMALL CLAIMS CASES

• Lee has a claim against a former tenant for $800.00 in damage caused to Lee's commercial premises. Lee's attorney has agreed to review the small claims complaint that Lee will file in small claims court and to examine the documents and other evidence Lee intends to present in court. Lee's legal fees are minimized and Lee has a good chance of recovering the losses incurred because of the tenant's wrongful acts.

Notice and Disclaimers

Legal Advice: This web site is intended to familiarize the visitor with general legal principles in certain areas of the law and may not be considered a source of legal advice for general or specific situations. No warranty is made or intended as to the accuracy of the information provided. A visitor seeking legal advice should retain an attorney who practices in the state or federal jurisdiction relevant to the case or legal situation. Attorney referral services are offered at nominal charges through federal, state and local bar associations. Legal aid is also available to those who qualify.

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