Legal Advice

legal advice?

I am a young college student and I need some legal advice. I need some serious advice. I have no money and I just want to know if the people trying to sue me have a case or not. Does anyone know of a place I can go or a number I could call to get help with this. I’m in the Northern California area if that helps.

You might see if your campus has an attorney on staff who would be able to answer this kind of question. Otherwise, you could contact Legal Aid of Northern California

http://www.lsnc.info/

or Volunteer Legal Services of Northern California

http://www.vlsp.org/

If these are not the correct agencies to help, they can steer you to the right place.

Hold Israel Accountable – Palestine Legal Aid Fund

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Legal Advice

Where can I get free legal advice regarding credit card debt?

I’m searching for a web site or phone number to get free legal advice for credit card debt. I need a place that will give me an immediate answer. Thanks for your help.

In most areas, attorneys will give you a free consultation. As this is a credit card debt, you may want to look for someone who does collection work for companies, as they are more experienced in debt law. A lot of “general practice” lawyers have not impressed me on their knowledge.

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Attorney

How much does a medical malpractice attorney in CA make on average?

I know I want to go to law school after I get my bachelor’s, but I’m still undecided as to what branch of law I’m going to study. Right about now, I’ve got it narrowed down to corporate attorney, prosecuting attorney, and medical malpractice attorney.
So I’m curious as to what they make, even if it’s just an average or frame.

Stay away from medical malpractice. The insurance industry successfully lobbied congress to cap medical malpractice lawsuits in order to limit their costs. Lawyers don’t make much money in that field anymore.

This is actually one of the few moves by insurance lobbyists I agree with.

Scott Adams Tasers a Fellow Attorney

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Boulder Criminal Attorney

Adverse Possession in Colorado-new 2008 Laws Reduce the Abuse

Adverse Possession is a method to acquire title to land that is owned by another through use.  Examples of use might include a fence, driveway, footpath or even a structure being placed on the property of another party.  The person claiming ownership must prove the following elements exist in order to have a case:

• The possession must be OPEN and NOTORIOUS, that is it must be open for all to see.  This includes the owner, even if he/she has never actually seen the possession.
• The possession must be HOSTILE to the actual owner, and must conflict with the owner’s rights and interests in the property. The possession must also be EXCLUSIVE in use to the possessor.
• The possession must be CONTINUOUS and UNINTERRUPTED.  For Colorado the statutes specify at least 18 years, and may also be combined with the same possession by a prior owner.

If this all sounds criminal (for some it may be), the legal theory is that by not disputing a neighbor’s use of your property by way of a lawsuit, you, as the actual owner have abandoned your rights to the property, either right or wrong.

The Need for Change

A land dispute by two neighbors in Boulder, Colorado in late 2007 that made national headlines and stirred public opinion prompted state legislators to change the law that allowed it to happen. The whole story as reported by The Daily Camera can be read here.

Two State Representatives, Rob Witwer of Evergreen and Ron Tupa of Boulder co-authored a bill to stop what they determined to be outright abuse of the current law.  Witwer said “the current law was out of balance and needed to be fixed.  It was clear that abuse of adverse possession was much easier in Colorado than in most, if not all jurisdictions.”

The New Law

On July 1, 2008 HB 2008-1148 was signed into law by Governor Ritter, and applies to all adverse possession cases following this date.

In addition to the current requirements, the following is also required:

“The person claiming adverse possession had a good faith belief that the person in possession of the property of the owner of record was the actual owner of the property and the belief was reasonable under the particular circumstances.”

Also included in the law, judges will have the power to force adverse possessors to pay for the land they do win in court, and to compensate the original owners for back property taxes, and interest.

With the new law the burden of proof will lie with the possessor to prove they have evidence they were the actual owner which should reduce the number of cases appearing before the court.  Unfortunately the new law was a little late to apply to the Boulder case.

And, One Other Law-

In the Boulder case, the possessors were a former judge and an attorney.  This fact prompted another law to be passed which will restrict judges from hearing cases involving other judges from the same jurisdiction, in an effort to avoid conflicts of interest or the appearance of favoritism.

Jerry Hart

Editors note: this article is not meant to provide any legal advice.  Always consult an attorney for a particular application.

Jerry assists Buyers and Sellers in the Denver Real Estate market.

Felony Lawyer Boulder Colorado

Lawyer

How to Decide Which Lawyer to Hire

I have often been asked, how can an individual be expected to make a good decision whether an Attorney is competent for a client’s needs; if this legal ruling called an attorney / client privilege detracts from a potential client being able to request references?  Since each Attorney can claim client confidentiality, which precludes him or her from giving references; unless that Attorney has been sued for malpractice, how do you, the client know if the Attorney is simply slightly below or above average in his legal handling of his caseload?

Asking an Attorney for his litigation record of wins/losses can help to improve the odds of hiring a competent Attorney, yet every potential client should couple that action with a public search record of that Attorney’s experience.  With the world-wide web at our fingertips, it behooves every person seeking legal advice to not only question each Attorney you interview, but perform a public records search to ensure you have adequate information on an Attorney, before you put your legal issue into their hands.

These paradoxical questions are at the core of decision making skills that all Americans in-legal-need must be able to command.  The need to ascertain the value of a lawyer’s ability to litigate is critical to your best bet to secure a winning verdict.  When your financial future is on the line, how do you research an attorney’s capabilities?

Outside of going online to a general search engine to research an Attorney’s background in a specific state, which is scarce and fraught with potentially subjective and/or damaging comments from unhappy customers; what can you do to raise the stakes for finding a successful litigator?  There are various solutions to finding a competent Attorney that has the experience in your legal issue and a history of litigating with a successful record.

These solutions range from asking targeted questions to an Attorney in a phone interview, prior to setting up an appointment; to performing targeted research by going to your State’s Legal Bar Association online and performing a malpractice search.  Also there are a wide variety of search engines which provide host companies that keep records of Attorneys with good client references, as well as records of Attorneys with poor client complaints.

We suggest you use a combination of techniques to manage the process of hiring your next Attorney.  Is it any less crucial than when you go to buy a home?  Do you sign all the papers without asking questions about the legal ramifications of the documents from the Real Estate Agent?  What if you had hired a less than competent Real Estate Agent and they had failed to review the documents to ensure that a fixed loan instead of a balloon payment structure was in the terms of your home purchase?  Do you think you could claim malpractice against the Agent who failed to ensure your needs were met; or do you think a judge would ask you if you had protected your rights by careful review of the process?

A legal malpractice is just as hard to prove against an Attorney, unless a blatant claim of negligence on performance of legal services were established.  As a plaintiff, you must prove a breach of duty of the Attorney resulted in an injury or loss to you.  Nominal damages, by itself is insufficient to prove your cause of action.  You would have to prove the underlying case had merit and there was no judicial error on the part of the court, plus you would have to establish a significant loss of your rights.  It is far easier to perform a little extra leg work before hiring an Attorney, than losing a lawsuit with merit and going through the crisis of legal malpractice.

For a more extensive guide on how to find a lawyer please make sure you visit our website and read the 5 Golden Rules.

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