Ask A Lawyer

9 More Tough Questions to Ask A Lawyer Before You Hire Him

This is the sequel to “8 Tough Questions to Ask a Lawyer before You Hire Him”.  There were so many important things people should know before hiring a lawyer that I split them up into two articles so as not to overwhelm anyone.  So the following are 9 more questions to ask a lawyer before you hire him:  

1. Do you litigate cases?

It is extremely important that the attorney you hire be a litigator.  You need to know that your attorney intends to see your case through to the end for you–regardless of the position that is ultimately taken by the other side.  The insurance companies know the attorneys who litigate, and those who do not.  In large, settlements are higher for the clients of attorneys who are willing to fight for them all the way to the end.

2. Have you attended the Arizona Trial Advocacy College? 

This is an important question.  The Arizona Trial Advocacy College is a program that is taught by the very best trial lawyers in Arizona.  Insist that your attorney has attended. 

3. Will you discuss my case with me over the telephone?

An experienced attorney will make themselves available to you as best as possible.  If you have a question or need to discuss something that should only take a few minutes, then there is no reason why they shouldn’t be able to talk with you over the telephone.  Attorneys often have hectic schedules, so if you need more than just a few minutes make sure to schedule something, whether it be over the phone or in person.  No one can be available at every minute, however, if you call and your attorney is unavailable, make sure they return your call in an acceptable amount of time.

4. Are you a member of the Arizona Association for Justice?

The Arizona Association for Justice is an organization of lawyers whose members represent consumers and are dedicated to preserving and protecting  the rights of all Arizonans.  The Association provides advocacy, continued legal education and public education on behalf of its members and their clients.  If these things are important to you, then you should choose an attorney who is a member.

5. Are you a member of the American Association for Justice?

This is the federal counterpart to the Arizona Association for Justice and is also known as the American Trial Lawyers Association.  “It is the mission of the American Trial Lawyers Association to provide news, information, and education to attorneys who practice or have an interest in trial work, including civil plaintiff and criminal defense law.”  Association membership is extended only to those attorneys who have passed an extensive screening performed by a leading University’s Trial Advocacy Program.    

6. Have you ever defended insurance companies against injury claims?

Know who you are hiring.  Does you attorney have your best interests at heart, or, does he/she rely on income from insurance companies?

7. Will you evaluate my case for me without cost or obligation?

Experienced personal injury attorneys will handle your case on a contingency basis.  Regardless, make sure to discuss all details regarding how the attorney will be paid and how much he/she will be paid.

8. If the insurance company doesn’t offer a fair settlement, are you willing to fight for what is fair?

This is very similar to question #1, many atorneys today do not want to go thru the difficulties of litigation or a trial, however, sometimes cases cannot reach an agreement or a fair settlement without it.  When this occurs you need an attorney who is willing to go the extra mile and fight for your rights.  Find out if your attorney will fight for you, or, when push comes to shove, if he/she will refer the case elsewhere.

9. Are you a Certified Specialist in Personal Injury and Wrongful Death?

The state of Arizona has an extension approval and certification process for experienced personal injury attorneys.  Only those qualified are bestowed the honor of being called Certified Specialists.  Make sure that the attorney you are hiring is a Certified Specialist.  It can make all the difference in the outcome of your case.

I hope these questions help you to find the right lawyer for you should the need ever arise.     

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Dwi Law

DUI/DWI Charges and Breath Tests

To fight for DUI/DWI offenses without an experienced DWI attorney means no compassion. Though fighting for a DWI offense with a dedicated DWI attorney almost guarantees for no jail time. Even the fines for over drinking and a drive are often inappropriately handled. Some attorneys are specialists where others are definitely are not.

Whom you are you going to call?

Never confuse DWI with DUI as one mean, hope the other means you were a genuine dope. Of these two abbreviations, DUI (Driving Under the influence) is more of a criminal offense than DWI (Driving While Intoxicated). Any ways in any of these cases you need to hire an attorney who is specialized in DWI & DUI cases both. And it differ from one state to another. When you have been accused for a DWI offense in New Orleans you can contact with a New Orleans DWI Law Firm to hire an attorney in your state.

DUI laws usually consider when a person is drunk and have a.08 BAC (Blood Alcohol Content); though it does not affirm 0.08 by means of breathalyzer. So, no jury or judge is compelled to take Intoxilyzer test result of.08 or further as accurate or reliable.

The Intoxilyzer takes for granted a breath/blood proportion of 2100/1 (2100 parts alcohol in the blood stream for everybody part of alcohol in the inhalation) for each person tested. The preponderance of people maintains a breath/blood proportion of 2100/1 or more.

People with a blood/breath proportion greater than 2100/1 will not be biased by Intoxilyzer’s supposition. People with an abridged blood/breath proportion will be biased because of the fact that the Intoxilyzer will mistakenly read too elevated an alcohol absorption result and can result in a person who must test a.04, .05, .06, and so on.

Because the machine is manufactured, designed and run by humans, it is subjected to the errors by human being identical to any other machine. The Intoxilyzer, even though it is properly working and is being properly handled, as the person being tested is not exactly regular, can lead to a fake reading of intoxication.

Penalties for driving while intoxicated have outpaced the proportion increased. There goes that thirty percent you just saved last week at the time you switched auto insurance. Getting any of the frequent charges reduced on your drunk driving offense is going to effect in hiring a qualified DWI attorney. He or she must be an established winner and not just a supporter.     

Lawyer Resources:

To find the lawyer who is experienced in handling such cases that is similar to your case, Visit lawyer directory online and hire the best attorney.

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Dui Cases

How A DUI Attorney Can Help You With Your DUI Case

There are too many people who believe they can muddle their way through a court system on their own after they’ve been arrested for suspicion of DUI. Some believe that a blood alcohol test level cannot be fought in the court of law. Both of these statements are not true. Court cases are complex and you cannot go it alone; make sure you hire yourself a DUI attorney.

If you’ve never gone through the legal system, you most likely have questions. This DUI lawyer can answer any questions you may have while he/she prepares you for trial. They can help alleviate the confusion that surrounds the court process, which makes the entire process go a little more smoothly and allows your stress level to reduce. When you’ve been arrested but don’t have any idea where to begin, you need to locate a DUI lawyer who will fight for you and answer your questions.

When you’re stopped on a suspicion for DUI, whatever you do… do not answer the officer’s questions. You should also not participate in a field sobriety test or Breathalyzer test until you have spoken with a lawyer. You have every right not to respond to the officer’s questions without a lawyer present. How you act during the arrest process is important especially if you want to be acquitted of a DUI charge. Don’t do this alone.

Every state has varying DUI laws so it’s important that you find a lawyer who has experience in your arresting state. You want them to be knowledgeable about the laws related to your certain situation. They can advise you on what course of action you need to take and ways to support your case. Whether or not you’re guilty, an experienced and smart DUI attorney will scrutinize the tests, trying to find flaws in them and state those findings… all in the hopes to dismiss the charges or bring you an acquittal. The legal counsel you hire should be aware of any and all strategies for a DUI case.

Many people are under the assumption that when prosecutorial evidence is strong against them, they have no chance of getting the charges dismissed or getting an acquittal even with having an experienced criminal defense attorney by their side. Don’t believe it for one second. Your lawyer can work alongside the judge to lessen the amount of your sentence; perhaps he can reinstate your driving privileges or convert your jail time sentence to community service and/or probation.  If you choose not to go to trial, your attorney can assist you in lowering the penalties that can stem from the no-contest or guilty plea.

If you’re convicted of a DUI, it can have devastating, long-term consequences that will affect your life for many years. What you pay to your attorney is nothing when you consider the real costs behind a DUI. When you choose to defend yourself, you will be unable to give yourself adequate representation because you won’t know the ins and outs like experienced lawyers do. Get yourself experienced, worthwhile legal representation for your DUI case.

How can an attorney become more effective at defending DUI cases?

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Dui Cases

Have Your Dui Case Evaluated By A Dc Dui Lawyer

Should you be charged with driving under the influence or DUI in Washington DC then it is in your best interests to seek the services of an experienced DC DUI lawyer as soon as possible.  Charges of DUI in Washington DC are serious and can carry severe penalties.  Many wrongly assume that DUI is treated like a minor traffic offence but the consequences of a DUI conviction could be life changing.

You need to find yourself a qualified DC DUI lawyer as soon as you can to help build your defense.  Many lawyers will take on this type of case, however a specialist DUI lawyer will have the knowledge and expertise necessary to deal with your case and an up to date knowledge of the relevant state law and legislation.

Previous convictions for DUI in any state can result in progressively harsher penalties and can even result in a jail term being handed down.  Penalties for DUI offences include fines, community service orders and mandatory jail terms ranging from a few days to several years.  DUI cases may be upgraded to a felony if serious injury or death was caused as a result of the drivers actions.

Hiring a DC DUI lawyer will help you to understand the charges against you and the complex medical and scientific evidence that is being used against you.  This evidence includes the observations of the arresting officer, including field sobriety tests, and the blood alcohol test which will determine the level of alcohol in your blood stream at the time of arrest.  The minimum level for blood alcohol in all states is 0.08% although you can still be charged with DUI if it is less than this.

DUI cases can be difficult and frustrating to manage, especially if you try to do this yourself.  Hiring a lawyer will ensure your case is managed from start to finish and that all necessary paperwork is filed, meetings with all parties and officials are attended and that an adequate defense is mounted.  Aside from the court case you will also have to deal with the state motor department to get your license back should you be acquitted.

Your first consultation with a potential lawyer is usually free and can last up to an hour.  It is worthwhile meeting with several lawyers before you decide on who to hire as this will give you the best chance of finding a lawyer who can not only defend your case with the best chance of success, but in finding someone with whom you feel comfortable working with and who is accessible when you need them.

If you cannot afford to hire a private DC DUI lawyer then you have the option of requesting a court-appointed lawyer to defend you.  You also have the right to defend yourself, but given the complex nature of DUI cases this is not recommended unless you have extensive knowledge of the law and process of DUI cases.  It is worth noting that privately hired DUI lawyers have only marginally higher success rates than court-appointed lawyers.

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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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