Why do attorneys tell you the bad parts of your case
One of the toughest things attorneys have to do is to advise their clients about the negative aspects of their case. It’s not pretty because almost invariably, every one has already come up with their own impression as to the strengths and weaknesses of their case. Unfortunately, unless you’re an attorney, you will never truly appreciate the funky things that may help or hurt your case.
When you have that “Come to Jesus” meeting with your attorney (for those of you who may be offended by the religious connotations, don’t be. This phrase is a nice way of saying “Let me tell you the truth even if it hurts” meeting), here’s why your attorney is telling you the bad parts of your case:
1) They are ethically bound to do so. Attorneys have a duty to ensure that they don’t create any unrealistic expectations about your case. In order to do so, they take it upon themselves to ensure that they you know both the strengths and weaknesses of their cases.
2) Bringing you back down to earth. It’s amazing the number of people and companies who SWEAR that their case is unbreakable or that their position is perfect and can’t be beat! It’s tough because it’s important that they realize that there is no such thing as an ABSOLUTE thing. As long as you’re dealing with other people, you never know what’s going to happen.
3) If they win, they had a great case. If they lose, they had a bad attorney. Understanding the middle ground!! I am always amazed at the number of people I’ve represented who feel that they could have won without me because their case was won. However, when they lose, it is almost INVARIABLY my fault! As a result, alot of attorneys take it upon themselves to make sure their clients are BRACED for the possibility that no matter how GREAT their case is, there’s always a possibility that they may not get what they want!
4) Telling you where the holes are will help YOU help them FILL them! I represented a guy who would repeatedly not take his medications. Unfortunately, I had a hard time catching up with him. Finally, when I did, I asked him why he wasn’t because this would hurt his case. What I didn’t know was that he was homeless and he had no insurance so he couldn’t afford to get his medication. Had I not known this, I wouldn’t have been able to explain his lack of compliance. It’s important for you to understand that in most instances, YOU have the answers to the questions or the bad parts of your case. Don’t get mad when they tell you the bad things. Ask what you can do to make them better!
It’s a tough balancing act because attorneys are not in the business of losing money but they understand that any case they take, they are taking a risk. With that being said, it’s important for YOU to understand that you want an attorney to tell you the bad side so that you can appreciate both sides of the equation.
Understanding your role in the legal process
My heart goes out to NFL Player Ryan Moates and his family because of this powerfully unfortunate situate he recently went through. If you are not familiar with the siuation (and it’s very sad), check it out here: http://sports.espn.go.com/nfl/news/story?id=4017382. Just to give a few brief background facts, Ryan was driving an SUV and ran a red light while en route to the hospital to take his wife to visit her mother (his mother in law) who was dying of breast cancer and only had a short period of time to live. Unfortunately, a police pulled them over in the parking lot. Despite several statements by Ryan, his wife, family members, another police, and a couple of medical personnel that the mother in law was indeed “on her death bed” and only had short time to live, the police still detained Ryan and his wife for 13 minutes so he could write them a ticket and lecture him about his attitude.
Despite being in what I would clearly call an EMOTIONALLY charged situation, Ryan kept his cool. Of course, we can talk about the significance of the event and how everything was handled by the police but this post is really more about RYAN! He handled himself EXCEPTIONALLY well. Towards the end of the lecture with the police, he was telling the officer ‘yes sir’ and ‘no sir’. How many of YOU could be that cool if your mother was upstairs dying?? (For the record, she had just died by the time the police let them go upstairs).
The point I want to illustrate with Ryan Moates behavior was that Ryan demonstrated his understanding of his role in the legal process. Had Ryan started cussing, getting belligerent or even walked away, his legal situation could have gotten infinitely WORSE!! So many times when we get fired up or emotionally charged about our legal situation, we don’t look at it from the big picture. Bear in mind, your role in the legal process is extremely crucial:
1) Contrary to popular situation, you can make your situation worse! Go ahead and get stank and tell everyone how you’re going to sue your employer and get all this paper. And you know what? Don’t get salty when those SAME people appear on the witness stand to testify how you were telling everyone that you were going to sue your employer and get this paper! What would YOU do if you hear this?? Also, in most situations, you have a duty to ‘mitigate’ your situation. For instance, if you get fired because of wrongful discharge, you can’t just sit on the couch and wait for your law suit to come through. You gotta look for a job!
2) I hope you didn’t think the other side was just going to sit there and take that beating from you! IT’s amazing how people think that when they use the legal process that the other side is just going to TAKE IT! Recognize, every body has the right to defend their position and utilize an attorney just as much as you. More important, if you thow a brick, don’t be made if they throw a concrete block back at you.
3) Look at the LEGAL situation and not your PERSONAL situation. So many times, when we are mad about something, we constantly look at ourselves as the victim. When you feel like this, you don’t want to hear about all of the consequences and scenario. We want vindication. We want revenge. We want someone to go down in flames. However, it is important to be able to stop and look at the whole situation from an objective standpoint so you don’t lose sight of the big picture.
4) Don’t expect anyone to keep FIXING the hole if you keep putting HOLES in the boat! So many times, people think that when they hire an attorney, this allows them the ability to do what the hell they want to during the legal process. Unfortunately, these same people may make their legal situation worse and when they do this, they expect their attorney to fix their situation (even when they are TOLD to NOT to do something). Remember, if you make your situation worse, don’t expect anyone to hang around to help you fix it.
Any legal situation is difficult but understand that you play a role in the process. You can help your situation but you can, also, hurt it. Play it cool and play it smart.
Be careful with Social Security Disability Fraud!
Every now and then, I have to have a hard talk with people about Social Security Disability Fraud. Most people think that once they apply for Social Security or when they get approved, they can just got about their merry way with no problems. However, here’s a few things to keep in mind that may alert Social Security to possible fraud:
1) Consistency in Forms. We all know that Social Security kills ALOT of trees. It is not a secret. However, so many people don’t realize that one of the things that Social Security looks for is consistency in the forms. So what does that mean? It means that if you said that your Back was killing you and your legs are fine but then 6 months later, you’re saying your back was fine and your legs are killing you, this may raise a few eyebrows.
2) Don’t think people won’t DIME you out! I have represented more than my fair share of people who find themselves explaining why someone has alleged that they are NOT disabled. And OOOOOOOOOOOO it’s never pretty! It can be anonymous or not. I once represented a client who’s ex-girlfriend called and threatened to report that my client wasn’t disabled at all and was going to tell SSA. I asked my client about it and he assured me that he was disabled. Unbeknownst to me, she went ahead with the report and we had an interesting time in front of the judge.
3) Stop trying to make your case MORE “OFF the CHAIN” than it really is! Why do people feel the need to OVER exaggerate their conditions?? We all know that it can get kind of crucial but when you sit there and your doctor only prescribes flexeril for minor back spasms and you scream that you can’t move and you can’t touch anything and you are in pain and on a scale of 1 to 10 your pain is a 20, you are GOING to raise eyebrows. I’m not saying that you shouldn’t tell people the truth but don’t go over the top!
4) Recognize, BIG BROTHER IS WATCHING! Let me be the first to tell you! SOCIAL SECURITY HAS A FRAUD UNIT! That’s right! I said it! They have people who interview witnesses and video tape persons. I watched a tape of a client of mine who said he had a bad back and couldn’t lift more than 5 pounds. There he was! Unloading several bags of grocery from the car and then working on the engine. Needless to say, his went down in flame!
5) If the person is in jail, STOP ACCEPTING CHECKS!! Now, this one happens usually because SOMEONE is greedy. Their child or their loved one was getting their check and now they are in jail, but they don’t tell the government. If someone is in jail, The CHECKS STOP!! PERIOD!!! If you keep accepting the checks and depositing them (and SPENDING THEM AS WELL), LOOK OUT! Someone will come looking for you!
I know it’s a crazy situation but remember, in this day and age, people are trying to get over. Trust me when I tell you, you can try to “HUSTLE” if you want to but the Social Security Administration is the “HUSTLE BUSTER”!!!
The Points and Pitfalls of Paying for Legal Services
I know you’ve the seen the commercials:
“We won’t get a DIME unless we win the case for you!”
You see it all the time and you know what it means. If you are injured in an accident or are injured on the job, you probably will have seen some commercial on the TV that talks about “NO FEES” unless the attorney wins the case.
In most situations, this payment arrangement for a personal injury or workers compensation case is correct. The PROBLEM is that most people THINK that this mechanism for payment is applicable to ALL types of legal cases! Sorry, folks, that simply is NOT true!
Here’s a few POINTS for you who are trying to figure out how to find out if you are going to have to pay for legal services:
1) PRO BONO - i.e. FREE!! Most states have either a requirement or a courtesy requirement that attorneys provide pro bono work. Pro Bono work is usually dictated by the type of case and the financial situation of the client. This situation is best becausd literally, it costs you nothing!
2) CONTINGENCY - these cases are those that are taken based on the notion that you attorneys getting paid their fees are CONTINGENT on their ability to win the case. States vary but these cases are typically common for Personal Injury, Products Liability, Social Security, Workers’ Compensation, and Medical Malpractice, to name a few. The reason these type of case are typically CONTINGENT FEE cases is that these case usually take a while to develop and they usually offer a large payout at the end. In addition, the attorneys who take these cases are taking a RISK that they will win the case. As such, the attorneys typically put money in the case on the front end of the case to develop it with the hope they will get their payment (usually based on some statutorily or legally defined percentage arrangement).
3) BILLABLE HOURS / RETAINER FEE - Most cases usually fall into these categories. When an attorney is asking you to pay a retainer fee, she knows that she’s going to be spending time to adequately your case so this fee will allow her to have a pot of money to POOL from when she’s doing the work. The attorney typically recognizes that they may need you to pay additional monies along the way to ensure that they are working at their billable hour rates. Put simply, these cases are cases where you are asking the attorney to do something for you and the attorney wants payment for the work you’re wanting them to do.
Now, there are variations of these different situations (i.e. partial retainer, partial contingency) and each state differs but these are some things that may be useful to you before you shop for an attorney.
Now, here’s some PITFALLS that tend to throw people off:
1) There are SOME cases that CAN NOT be a contingency fee. In Florida, Criminal Cases and Family Cases can NOT be contingency. For one, courts don’t want attorneys jacking up the monies that can be obtained in Family law cases in order to increase their fees. In Criminal, quite frankly, you’re fighting to preserve the liberties of an individual so there is no FEE to obtained.
2) If you call, the clock runs! People, if you are paying a retainer fee, anytime you call, you will be charged! So many times, people think that attorneys give COURTESY services and get offended when they see that they have been charged for the calls. Listen, you don’t call your doctor to shoot the breeze and if you talk about medicals, they are GOING To make you come in to the office. Well, legal services are the same way. You didn’t HIRE a friend. You HIRED an attorney!
3) You can’t expect to fight a forest fire and only pay for a shot glass of water! So many times, people find themselves FIRED up to want to fight someone based on some injustice. Now, outside of the contingency fee arrangement, you may have to pay for legal services to accomplish this goal. Now, if you have a really complicated case that is going to take a lot of time and energy, you can’t expect a law firm to provide you services just because this is a great opportunity to take down a giant. Attorneys are fighting giants every day so if you want to go ‘toe to toe’ with a big dog, you better be prepared to pay ‘BIG DOG” money to hire them if they require it.
4) Attorneys love a good fight but they gotta feed their family, too! I can’t tell you how many times people pause when I tell them what I charge. Here they are with this lengthy break down of how they have been tried and all this injustice and how they want to drag the other person or company into court and make them fight for every dollar! Then, when you tell them the charge, you hear “I have to pay?” or “I have to pay now?” or “Can you get the case started and I’ll get you on a payment plan?”. Trust me, attorneys can tell you stories about the number of clients who have “stopped paying” or “walked away” or “switched out” in the middle of their case because they didn’t have the money or never intended to pay the money. Attorneys are business people, too. Don’t get me wrong. Most attorneys don’t mind a good fight but let’s be real! You can catch a beat down on the street corner for free. Why go into court and get beat up for free.
5) There is nothing wrong with searching for different attorneys but still be prepared to PAY!! The ultimate issue most people face is that they don’t understand that in the long run, it’s better to come prepared to pay SOMETHING than it is to ‘roll the dice’ and hope that the attorney will take the case on faith. Even if it’s a certain amount of money as down payment, the attorney you’re dealing with will look at you infinitely more favorably if they know that money is going to come as opposed to looking for a hook up.
Paying for legal services is just like anything else. Every state is different but just remember, you get what you pay for and it’s important to know in the beginning what you MAY have to pay so if you need to walk away, you can do so before you waste anyone’s time.
From LOVE to LEGAL Service: The UNSEXY nuts and bolts of a DIVORCE
“Til Death do us part!”
Those words sounds so romantic when we are standing in front of god (or whoever you worship), our family and our friends. We genuinely believe that we are going to be with that special someone for the rest of our lives.
Sadly enough, the phrase probably should say:
“Til Death or DIVORCE do us part!”
I’m pretty sure that everyone is intimately familiar with the various divorce rates in different parts of the country. Despite these rates, people still find themselves in the unique position of availing themselves of the legal proceedings when things go bad.
If you are one of those individuals who are curious about whether you should explore your legal rights to dissolve your marriage, here are a few things for you:
1) To separate or NOT to separate, THAT is the question. It is important to check your state’s separation requirements. Some states requires couples to be separated for a period of time before they are allowed the ability to dissolve their marriage. Part of this is based on the notion that an appropriate cooling off period may resolve the marriage. In addition, this allows the courts to determine WHO is serious about dissolving their marriage.
2) Have you REALLY lived in that state long enough? Some people will separate and try to relocate to a state that may have more favorable family laws. However, most states have a ‘residency requirement’ which means you would have had to have lived in that state for a particular period of time before you get the opportunity to file for divorce under those state laws.
3) Am I REALLY going to get anything?? Some states have some JAMMING dissolution laws as they relate marital and community property. In addition, these states don’t really care HOW LONG you’ve been married. However, some states are the exact opposite. As a result, just because you have a ’shotgun’ 3 day wedding doesn’t mean you’ll get half of her assets. Nor does it mean that you will get the person’s retirement or automatically get spousal support.
4) The REAL Tug of war: THE KIDS!! If there are children involved, WATCH OUT!! In the best of cases, one parent is taking care of the children already so there is probably not an issue. However, if both parents play an active role in the children’s lives, get ready for a fist fight. Courts don’t usually like to disturb where the child is currently residing but if the non-custodial parent can show that their living arrangement is better, the non-custodial parent may have a shot.
5) If the divorce is dirty, friends may get dirty, too! Listen, friends DON’T like to get in the middle of messy divorces. However, the simple fact is that your friends may have information that may help your case. Your friends can testify if your spouse lives an lifestyle that is harmful to children or has made threatening remarks to you or the kids. It is not pretty but it is a reality.
6) If it’s simple, you may be able to get it done fast! Alot of states have family law assistance programs which enable you to get a divorce on your own. These programs will provide you the forms and the assistance to fill out the forms. These programs are great for short term marrigages or marrigages where there is not alot of assets and no kids.
7) If it’s complicated, get ready to wait! Recognize that if you got alot of assets or if your spouse or YOU are prepared to be a COMPLETE ASS, don’t expect this divorce to be quick. If your spouse is a JERK or you are being a JERK, be prepared for a fight. If you are being nasty, your spouse is going to want to defend themselves just as aggressively. If your spouse is being a jerk, you are NOT going to want to let them run over you.
In a perfect world, you want to believe that you can live happily ever after. If not, you want to, at least, believe that you can walk away from each other amicably. However, this may not always be the case so be prepared if you must get down and dirty.
The Great Transition: children taking care of their parents
When you’re in your teenage years or your twenties, you think that your parents are invincible. You turn to them for moral support, financial support and physical support. Your parents are there for you for the good times and for the bad times.
However, when you start getting into your thirties, a scary thing starts to happen. Your parents start to get old. Now, I’m not saying that they are disappearing to dust but you start to realize that they can’t do the things that they used to do. Your dad can’t work on cars like he used to do. Your mom can’t play basketball like she used to do. Your dad can’t stand in the kitchen for long periods of time. Your mom can’t remember how to fix the computer anymore.
To watch your parents grow old is a natural part of life. Even though it’s natural, it’s still horrifying. What gets even more scary is when you are placed in the position of having to step in when your parent is hit with a traumatic medical event. Your parents have a heart attack or a stroke or is diagnosed with a debilitating form of cancer. Now, all of sudden, you find yourself in the life altering position of trying to decide what to do with your mother or your father who can no longer independently care for themselves.
No one plans for these situations but the simple fact is that they happen on a regular basis. Even more pronounced in the situation is the fact that our parents are living much longer. So for the longer they live, the longer we may have to care for them if the needs arise.
Here’s a few things that may bring you piss of mind for th efuture:
1) If you’re married, have the conservation with your spouse BEFORE anything happens! The unfortunate thing about having to take care of family members is that some couples don’t anticipate this situation every happening. Therefore, they don’t discuss it. No one wants this to happen but you should, at least, have the discussion about what you will do if you need to take care of your loved ones.
2) Try to respect your parents’ desire to remain independent. When your parents are struck with a devastating condition, it is never their intent to remain in that position. They have desire to return to their way of living. It’s tough trying to convince your parents that they can’t live the way they used to live. However, it’s important that you take every step to make sure that they maintain as much independence as possible to ensure they still feel independent.
3) When you start noticing something is wrong, start stepping in immediately. Now, this is simply the hardest part of the equation. Alot of times, our parents may not see that they are ’slipping’. They ain’t trying to hear any of that noise about them slipping or losing their abilities. Now, the tough part is what do you do? It can start off simple. Ask about funds in the bank. Ask about who are on the bank accounts. Check the status of the mortgage, car notes, and other debts. Listen for anything out of the ordinary.
4) Get ready to talk to an attorney. Start looking to talk to an attorney that focuses on elder law or probate law. Start pricing assisted living facilities, nursing homes, extended living facilities, or in home care. Check for the establishment of wills, guardianships, or trusts. Unfortunately, when things get crucial, it gets crucial QUICK!!
5) Be prepared for family drama! That’s right, I said it! FAMILY DRAMA! Your parents have sisters or brothers or nephews or nieces who will feel the need to throw their two cents in the equation. What’s stressful about this situation is that everyone (who is NOT in your situation) feel the need to give their opinions about how to handle the situation. Unfortunately, it’s usually these same people who are not contributing to resolving the situation either.
6) Be patient! The hardest part about dealing with this situation is remembering that you MUST stay patient. It’s hard because any time a traumatic family situation occurs, it effects everyone in the family. Just remember, you have the tools to handle whatever challenge comes your way.
Taking care of your parents is a necessary step in the circle of life. Be prepared for it so you can provide the life for your parents like your parents provided for you.
It’s hard to be objective about your job
You know, it’s HARD to be objective about your job. We all think that we are either doing a great job or our boss just doesn’t understand us. Well, that may not be what we ALL think! LOL. However, the simple thing is this, we take our jobs very personally.
We REALLY take our jobs personally when we get fired. Aside from the loss of loved one, losing your job is truly a devastating and traumatic event. Now, it’s different if you were layed off due to tough financial times or you quit due to a better opportunity. Those situations are different because if you’re layed off, you’re one of alot of people in the same boat. If you quit due to a better situation, you did it on your own terms.
However, if you get fired or constructive discharged (i.e. your job sucked so bad due to the harassment, hostility and discrimination that you had no choice but to quit), it is ON and POPPIN! To lose your job is almost like losing a part of your identity.
Think I’m being melodramatic? Feel me on this one. When you work, you bust your butt to develop a good product or good service. You take pride when you get good feedback. You are happy when you get a positive evaluation. You are excited to see your growth. Any time some one fires you, you instantly take it personal. The employer is not merely firing you. The employer is slapping you in the face. The employer is telling you that YOU are not good enough. The employer is telling you that YOU were inadequate.
And what about when you are in the streets? Doesn’t it sting to tell people that you were fired? Don’t you worry that people are going to look at you ‘cock eyed’? Are they going to think that you’re a bad apple? And how are you going to explain this to future employers??
Now, it doesn’t matter that these things that I just said may not be true at all! It could be that your work performance wasn’t up to the company standard. However, that doesn’t make you a bad worker. It could be that you had a personality conflict. That doesn’t you a bad person. And let’s be real. You can easily explain that you had a philosophical difference with the company. Maybe you were desirous of leaving and your work productivity unfortunately slipped! You can’t let it get to you.
Even if they DID take advantage of you, you got to be cool as a cucumber! Everyone is going to expect you to get straight LIVE and JIGGY but you don’t want to give them the satisfaction. As I’ve stated in other blog posts, your ability to be cool under fire makes your credibility that more believable.
Listen, we’ve all heard the phrase “Business is Business” but the simple fact that our jobs have such a connection to our finances, our family, our future, and our life. When someone takes it upon themselves to disrupt that job, you will lose your objectivity.
Keep it cool and you will come out infinitely ahead in the long run.
Employment cases - think about ALL sides!
In this day of litgation and uncertainty in the workplace, so many people are finding themselves in the unenviable position of having to seek legal recourse in an attempt to seek justice for unfair employment practices. However, employees sometimes don’t know exactly how strong their cases are or even if they have a course of action to take.
In an attempt to provide some feedback to help those who are faced with the challenge of deciding whether to pursue legal action in an unfair employment case, here’s a few tips for you:
1) Contrary to popular belief, you DON’T know what information the employer has about you. When employees seek legal advice or report their concerns to an agency, they typically only have THEIR side of the story. In this day and age, employers typically keep detailed notes and files on every employee. I’m not saying that every employer is perfect. Sometimes, employers slip and don’t take all the necessary steps to cover themselves. Just don’t go into this thinking that you have all of the ammunition on YOUR side. You have to remember that their may be employment records about you as well.
2) There is RARELY a smoking GUN! I’m not living in a fantasy world so I realize that even during the OBAMA era, racism and discrimination is still alive and well. I spoke with an attorney who told me ‘just last year in 2008′ about an incident where an employee was working in a factory where the employees would regularly call him the “N” word and leave hangman nooses at his work station. Clearly, this situation is clear cut discrimination at its worse. However, most situations are not this clear cut. In most instances, you’re putting together various pieces of the puzzle to paint a picture of your situation and you HOPE that people will see the picture the way you see it.
3) What you do or DID is equally important. Don’t get it twisted. You play some part in those WHOLE equation as well. If you have an attitude or was discliplined alot or was a habitual misser of work, all of these may come in to play. Now, don’t get me wrong. No one is saying that you should be subjected to discriminatory conduct from your employer just because you may have an attitude problem. Just understand that when evaluating the case, your part in the whole story is just as important.
4) Stop dwelling on what your employer is supposed to do and look at the big picture. Listen, your employment is a very personal thing. I totally understand how you could be upset if any one does anything that may affect your ability to earn a living or support your family. However, you rarely are going to be able to get the resolution that you are looking for immediately. So with that being said, you HAVE to go through the process of filing your grievance with your employer, filing your claim with the EEOC or appropriate state agency, or filing your law suit. These things take time and you’re not helping yourself by stressing over the situation.
When you’re placed in the position of going through the process of filing a grievance regarding your case, be patient and most importantly, look at things from all sides.
Be patient
One of the hardest things people have to deal with is the fact that the legal process is notoriously slow. Unlike Criminal procedures that ensure that a defendant is guaranteed a speedy trial, most other legal proceedings tend to take a while to manifest themselves.
Most areas of law have various deadlines that must be met in order to ensure that the cases are advanced. However, depending on the nature of the proceeding, several steps may need to occur before you seek a resolution.
This situation is even more pronounce if you’re attempting to file a civil suit. If you think about it, you file your suit. The other side has time to respond. Then you go through discovery where each side has to reveal certain things. During that time, you may have a few depositions. Then, you may have to go to mediation. Then, if you get to this point, you have to get ready for trial. THEN, you have the trial. All of the steps I just took you through could easily take up to year.
People, when you avail yourself of the legal process, you HAVE to go in with an understanding that it may take a while to seek a resolution. And when I say “A WHILE”, it’s not by YOUR standards of what you think “A WHILE” is. Typically, most legal processes are governed by some rules of procedure that outlines what must happen and WHEN it is going to happen.
It gets tougher because now that we are in a tough economic time so you have a definite desire to get the resolution that we desire as soon as we like. Understand this, you have a right to seek a resolution through the legal process but be patient. In order to get the outcome you seek, you may have to wait for it to come.
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