Should you handle a legal case by yourself?
So you get a letter from an attorney, should you hire an attorney or handle the case yourself? Somebody broke the contract between you and them, should you take them to court on your own? You have legal instrument you want to prepare. Should you have the case reviewed by an attorney?
Aside from a few very specialized areas of law, the legal process is ultimately designed to afford the average person the ability to represent themselves. However, there are a few things that you should keep in mind if you are deciding to representing yourself:
1) There are no special rules for you as a ‘pro se’ litigant. Pro se legal representation refers to the instance of a person representing himself or herself without a lawyer in a court proceeding, whether as a defendant or a plaintiff and whether the matter is civil or criminal. Most courts are governed by local rules or specific rules regarding processes and procedures. You are still bound by those same requirements so don’t expect to get any special preferential treatment because you are preceding without a lawyer.
2) The law library is a great resource. Quite a few court houses have law libraries that provide a wealth of different forms and materials which can help you with your case.
3) The clerk of court may have a special program. Depending on the type of legal proceedings, some courts actually have legal programs that may assist you with completing forms or navigating the legal process.
4) Legal forms on line can be helpful but it’s not the only thing. You can find a variety of great forms on line through various legal document sources. However, remember, these forms are not designed to substitute for any legal information that your state requires. Some legal document sources may provide state specific forms depending on the topic but be careful if you get a generic form. These generic forms may not have everything you need.
5) The judge is NOT your friend. In some legal proceedings, the judge may have an extra duty to ensure that you are provided an additional amount of explanation regarding certain court proceedings. You may, also, be given an extra degree of latitude in navigating the process. However, you are still bound by the same standards as it relates to negotiating the process so your ignorance about the law may not save you. You still have the responsibility to be knowledgeable about the information that relates to your case.
6) The other attorney is NOT your friend. Attorneys are in the busy of getting the maximum benefit for their client. They are NOT there to help you with your case. So an attorney who deals with the area of law that you are dealing with may utilize every tactical advantage of their knowledge of their law against you.
7) Just because you think you have GOOD FACTS, the law may not provide a GOOD OUTCOME. Alot of people think that their facts are so great that they don’t need an attorney. They think that the facts should stand alone. But people sometimes forget that facts can be used to paint a picture in a multiple number of ways. It may be even tougher if you are dealer with an attorney who can get rid of certain facts or even paint your facts in a bad way. Don’t automatically assume that your case is SO good that you can’t lose.
Representing yourself is a very ‘doable’ thing but you can possibly put yourself in a worse situation if you don’t take the time to ensure that you are prepared for all possibilities.
It doesn’t hurt to ask
So many times we find ourselves in the position of feeling that when we are dealing with companies, businesses or other persons, we feel that we have no choice but to accept what they are offering. We are always tentative about asking any questions or inquiring about the possibility of other options.
No matter how shy you may be about certain situations, you should never been too shy about asking about the possibility of other options. Now, I know that this may sound silly but you have to look at it in its full context. How many times have you went to purchase a car, home, tv, or large ticket item and wondered could you get a better deal? How many times have you wondered if a particular service has a better option or a better arrangement so you can maximize your dollar? These situations probably happen to you more frequently than you realize. Unfortunately, most of us don’t even think about asking any questions until AFTER the situation has passed. As such, we miss out on a potentially better thing.
In addition, how often do you find yourself blindly doing something because you didn’t ask? You know what I mean. You know a part has to be replaced on your car but you don’t know the significance of the action. You know that someone says doing something a particular way is more effective but you would, at least, like to know why.
One of the reasons why attorneys are the way they are is because they constantly “Ask Questions” because they understand “knowledge is power” and “you don’t know unless you ask”. Don’t ever be afraid to open your mouth and inquire about something you don’t know and about the possibility of other things.
How to deal with limited medical resources when applying for Social Security Disability
One of the toughest parts of Social Security Disability is the fact that when you apply, YOU have the burden of proving that you are disabled. The unfortunate part of the process is that most people who are applying don’t have the medical insurance in order to prove their case. As a result, these people are stuck in the position of trying to figure out HOW they are going to prove that they are unable to work.
I always hate being asked the question “How can I prove I’m disabled if I don’t have medical insurance?”. My usual answer is “do the best you can!”. This answer doesn’t provide much comfort but it is the unfortunate situation that most people find themselves in when they are applying for disability benefits.
However, here are a few things that you may want to think about when you are trying to get treatment:
1) Free Clinics. Contrary to popular, a lot of areas have free clinics to provide treatment to those who are underinsured or have no insurance.
2) Health Department. At the end of the day, the best place to start is the health department. Some counties provide limited health insurance to individuals and these programs are typically run by the health department.
3) University Medical Schools. Interestingly enough, alot of medical schools have special programs which enable them to provide treatment to the poor.
4) Community Health programs. Sometimes, non profit organization may provide limited health services and benefits to those with low income.
Most people don’t appreciate it when I say “Some treatment is better than no treatment. Get what you can.”. The simple fact is that most people don’t have the financial means to obtain the medical treatment they desire or require. As such, I encourage people to do whatever they can to obtain the medical treatment they need in order to prove their case.
5 Reasons why some representatives may not take Child’s Disability case
I am one of those attorneys who actually LIKES kids’ supplemental security income disability cases. Mostly because I usually feel sympathy for the children and I take the time to educate parents. Even with that said, I am very tough on scrutinizing kids’ cases. I can’t begin to tell you the number of parents who have come to me expressing their difficulty in finding a representative who handles kids’ cases. Well, in an effort to give you some insight into why it is so difficult, I thought I would share a few reasons that may affect the decision of a representative to work with your child’s case:
1) Hard to win
Most people don’t appreciate the fact that Social Security cases are hard to win when it comes to kids. Social Security is very leery about categorizing kids as being disabled. As such, the standard for determining if a child is disabled is much higher.
2) Some conditions are MUCH harder than others (Asthma, ADHD, slow learning, and behavioral problems)
Some conditions are fairly common amongst kids when it comes to SSI claims. ADHD, Asthma, Learning problems, and Behavioral problems are pretty common. Unfortunately, most people don’t appreciate how hard it is to prove these types of cases. In most cases, the child’s conditions have to be pretty severe and merely taking your child to the hospital once or twice or the fact that they are in Slow learning disabled classes may not be enough.
3) Assets and resources
Most people don’t realize that if the child’s case is being applied under Supplemental Security Income that assets and resources come into play. Remember, representatives get paid based on the amount of back pay. If the parent’s resources are of such a level that it reduces the amount of money the child may receive, this amount may affect the amount of back pay a representative may get.
4) Parents not doing what they are doing.
Unlike adults, children can only go and get treatment if their parents take them. Sometimes, parents are not as aggressive as they need to be in order to ensure that their kids get the treatment they need.
5) Parents making the condition worse than it is.
In some rare cases, the parent may be overstating the case. For instance, when asked the question “HOw often do you take your child to the hospital?”, some parents will say “Every month”. However, when you follow up with “So when I ask for records, i will have 12 visits? One for every month of the last 12 monts?”, then you may get a slightly modified version “Well, I go almost ever month.” It’s important that you give an accurate portrayal of your child’s condition.
Kid’s cases are very tough. It’s important that you take the necessary steps to address their medical issues but understand that the very fact that they are difficult to prove may make it tough for a representative to take.
Five Things you probably SHOULDN’T say to an attorney you are trying to hire
When looking for an attorney, you may find yourself in position of wondering why some attorneys may not wish to work you as a client. Here’s a few phrases that usually sends red flags to attorneys about you as a potential client:
1) I didn’t know I had to pay.
People sometimes don’t realize that NOT ALL cases are contingency fee cases. In other words, not all cases operate under the premise that you don’t have to pay unless the case is won. Attorneys are business peopole and their time is valuable. The last thing they want is a client who is thinking that they may get something for nothing. Before you come into an appointment, ask questions about payment arrangement and initial consultation fees so that you are aware what you may or may not have to pay.
2) The other attorney I spoke to said they could………
You are well within your rights to search for an attorney. You should take every opportunity to determine which attorney works for you. However, choosing an attorney is not like going to Walmart. You can’t say “K-mart” will charge me this lower price for the same product and think you’re going to get a better deal. Every attorney is different but the last thing an attorney wants is to have a situation where the client is OPENLY telling them that someone offered that client a better deal and what can the attorney do to match it. Usually, those words lets an attorney know that this person may be looking for an attorney who is either looking to tell them what they want to hear or the person has unrealistic expectations about their case.
3) Let me review your documents and talk it over with my family and I’ll call you back.
In most cases, most attorneys probably think that you are NOT going to come back. When you’ve taken the time to come to the office, sit down with the attorney and discuss the details, the thought is that you have taken the time to determine if this is the attorney that you want. However, if you say those words above, the attorney may think that there is something that you have a concern with and so you leaving to ‘review the documents’ is just a nice way of saying ‘i’m going to look for someone else’.
4) My ________ (brother, husband, wife, girlfriend, sister, etc.) wants to be there when we talk.
Remember, if you are of sound mind and body, YOU are the person that the attorney is going to work with and provide consultation. Sometimes, people think that they need to bring in a bunch of people to sit with them when they are meeting with the attorney for the first time. In some instances, this might be a problem. If the potential client is a child or has a cognitive or mental problem, it may not be an issue. However, when you bring other persons in, you have other people who may have in their minds their own view of what should and should not happen. As such, an attorney may be concerned that they are answering to a bunch of people as opposed to one person.
5) I don’t care WHAT you say or do. I want to win at all costs!
Most Bar organizations prevent attorneys from creating unrealistic expectations. As such, most attorneys want to make sure that their clients fully appreciate what they are getting into when they are handling their case. However, some clients don’t want to hear about about the pros and the cons. They want you to GUARANTEE a win. Let me tell you how FAST an attorney will RUN from you when you want a guarantee! They haven’t made a clock fast enough to time that speed!! The problem with guarantees is that if the attorney does NOT fulfill your demand, the attorney may be looking at a malpractice suit or a bar complaint.
I’m sure that there are plenty of other examples that attorneys can provide. Just remember, attorneys don’t have to take your case. If you ever wonder what may make them run away from you quickly, here are a few words.
Always keep in contact
Attorneys have an ethical duty to keep their client’s informed. Unfortunately, our clients don’t always do a good job of keeping attorney informed of their comings and goings. One of the things that I have repeatedly stated was that the legal process is invariably a lengthy process so you don’t always get the result that you are looking for as fast as YOU would like it. As such, it is important to let your attorney know where you are:
1) Just because you haven’t heard from your attorney, doesn’t mean your case is dead. Alot of times, there will be significant gaps in time while your case is going through litigation or pre-litigation.
2) If you’re going to give up your case, LET your attorney know. Sometimes, people will just abandon their case because they think that there is nothing left to do. As such, they will give up on the case. Unfortunately, attorneys can’t close your case just because you have walked away. If you don’t tell them, they will keep going.
3) Sometimes, not knowing where YOU are will hold up the process. It’s amazing the number of people who don’t appreciate the fact that if the attorney needs to get to know about something and they CAN’T, this holds up YOUR case. You should always be accessible.
4) Give a back up number. Times get tough and alot of times, you may be moving from house to house. Give a few numbers to your attorney so your attorney can locate you if they need you.
Remember, the legal process is a two way street. Even though your attorney runs the case, you may have to make some crucial decisions. If the attorney can’t find you, then how can the decisions be made??
To quit or NOT to quit: Be mindful of HOW you leave your job
One of the most significant points in a person’s life is the point at which they must end their service of employment. Unfortunately, the WAY the employment ends may either be amicable or hostile, mutual or unilateral, or voluntary or involuntary.
Sometimes, the way we leave can be even trickier when you factor in unemployment compensation, severance pay, recommendations, and references. So you can easily see how difficult it may be from a technical standpoint with regards to leaving your job.
Alot of times, when we find ourselves in a position of realizing that our employment with an employer may be coming to an end, a whole lot of things come into play. You ask yourself “Do I wait until I’m fired or do I quit?”, “Should I start looking for another job or should I ride out with this one?”, or “Should I ask if my job is safe or should I just do my own thing?”.
With so many situations and scenarios in front of us, we ask ourselves “What should I do?”:
1) START LOOKING NOW. As tough as it may seems, the reality is that companies are downsizing and cutting costs. As a result, the cost may include reducing the number of employees. Most of us don’t move with a sense of urgency unless we have to and let me tell you, if you are losing your job, THAT is a sense of urgency.
2) ASK ABOUT YOUR JOB AND YOUR FUTURE. Listen, a company may say that your jobs aren’t in jeopardy but if enough information is floating out there to let people know that things may be getting tight, you can’t sit by comfortably and trust that your company is going to keep rolling. Ask what the future may hold. More importantly, ask for a good letter of recommendation in the event you decide to start looking.
3) DON’T DO ANYTHING STUPID. When your job get tense, people get angry. Don’t sit there and think that just because your boss made you mad you can just leave your job for a day to cool off. Leaving your job may be considered ‘JOB’ abandonment. As such, in some states, you may not be able to collect Unemployment.
4) DO I RESIGN or SHOULD I BE TERMINATED? Now, here’s the million dollar question, “Do I resign or should I be terminated?”. Here’s how it flows, if you resign, you leave on your terms. You have the ability to end your employment and from this point on, if anyone questions your end of your services, you can say that YOU ended your employment. However, if you voluntary end your services, in most cases, you can’t apply for unemployment compensation. Now, if you decide to let the company terminate you, you can now draw unemployment. This way, you can ensure that you have some income coming into the house while you look for a new job. However, when you apply for a new job, you still have to inform future employers that you were terminated from service.
The one thing this economy has done was put our society in the unique situation of evaluating our next career move. The time for being at a company for 20 years is probably rapidly leaving our society. As such, we have to be more aggressive about the moves that we make to ensure our health and prosperity.
Why are you non-compliant?
In the midst of applying for Social Security benefits, alot of people spend a great deal of time going to doctors, taking tests, taking medications, and following their diets. Unfortunately, most people find themselves in a very unique position of not having very much money, very few resources and, alot of times, a very difficult time trying to maintain a way of life.
When you are applying for disability benefits, despite all of these problems you may have, you still bear the burden of proving that you are disabled. Unfortunately, alot of people tend to be their own worst enemy. Here are some things you may want to think about when you say that you can’t afford your medication or you have reasons for not doing what the doctor told you:
1) I can’t afford to buy my medications but I smoke cigarettes! Now, you gotta follow me on this logic. You have been given a prescription for medication. However, you say that you can’t afford your medication. Then you say you smoke a pack of cigarettes per day or per week. Now, think about what I just said. You got money for cigarettes but you don’t have money for your medication. hmmmmmm! Now, don’t start tap dancing now and say “Well, my friends get them for me or my family will get them”. And again, I say, you will get your friends and family to buy cigarettes for you but not your medication.
2) The lovely S.O.A.P. acronymn and LET’s focus on the S! Ladies and gentlemen, this acronymn is commonly utilized by doctors when treating their patients. The letter “S” stands for symptoms or subjective comments. In other words, this letter is what YOU say is wrong with you. The letter “O” stands for objective as in objective medical evidence. This letter usually refers to test results, labs, x-rays or any other evidences used. The letter “A” is the doctor’s analysis and assessment. The letter “P” is for plan. This letter describes what the doctor intends to do to correct the situation. The reason I focus on “S” is this is usually the part that catches a lot of people off guard. During the course of the time you are getting treatment, you may go to the doctors a lot of times. However, you may not remember specifically remember everything you say. I can’t tell you the number of times people trip up and don’t remember the little things that happen to them in the past. For instance, a judge may ask you if you’ve had a drink in a year (even though you’re not supposed to) and you say NO. Then, if you look in the records, you were admitted to the ER due to cramps after drinking alcohol. OOOPS!! Now, you are sitting there looking crazy!
3) The doctor can’t read your mind: FOOD. How many of you have been placed on a diet that you can not afford?? However, when you go in front of your doctor, you don’t tell him or her that you can’t afford the diet. The doctor asks you if you are following your diet and you just ‘no’. Guess what? That’s called “NON compliance”. If you don’t tell your doctor why you can’t eat the foods that he or she is telling you that you should eat, how are they going know??
4) The doctor can’t read your mind: MEDICATION. Recognize, the doctors put a lot of information in their treating notes. This information is crucial towards following your treatment. How many times have you taken medication that just DIDN’T make you feel any better? So what did you do? You stopped!! Of course, what happens! Instead of notifying the doctor WHEN you were having problems, you go 2 or 3 months until the next visit and THEN, you say something. WRONG! Remember, the doctor doesn’t know it doesn’t work if you don’t tell him or her.
5) The doctor can’t read your mind: EXERCISE. Sometimes, doctors don’t talk to each other. I am not saying that they don’t get along. It’s just that if you’re going to see your primary doctor for diabetes and your orthopaedic doctor for pain issues, they may not talk with each other. More importantly, if you haven’t told your doctors about the other doctors, how can ensure that your doctors are aware of your problems? Think about it. If your primary doctor is telling you to exercise to lose weight but your orthopedist is telling you to stay off your feet, what are you going to do now???
I know it is not easy to follow the treatment regiment of your doctors when you have low income and not a lot of resources. However, it’s important to understand that you play a crucial role in the disability process and so you have to take every step to make sure you do what your doctors say.
It’s hard to separate your JOB from your LIFE
One attorney once told me that “employment law is the most PERSONAL law you will ever deal with!”. Interestingly so, he was right.
When you go to work, you are not merely ‘punching a clock’ as you would like to believe. Your job and your ability to do your job has a profound impact on you personally, professionally, emotionally, and psychologically:
1) Personally! Face facts. Your job is responsible for a great many things that are related to your life. Your job pays your bills. Your job puts clothes on your kids backs and puts your kids through college. You can’t drive a car without gas and you can’t have gas without money. It is a necessary part of your existence.
2) Professionally! One attorney once told me “You spend a lifetime developing your reputation and you can lose it in 60 seconds or less!”. We all take our jobs personally but we take greater pride if the reputation we establish for ourselves. If we are good at what we do, we take pride in the world knowing it.
3) Emotionally! Anything that happens to your job, happens to you and your family. If your company is going bankrupt, you are not put in the position of wondering what the future may hold for you. You will be stressed. You will be anxious. You will be scared.
4) Psychologically! If something happens to you AT your job, you can’t merely walk away from that feeling. Think about it, you spend 40 hours a week in front of the same people. So if your boss rights you up or a co-worker cusses you out, you can’t just write them off. You have to see those people tomorrow. More importantly, those feelings will linger as long as you are there.
So you can imagine the power and concern when you find yourself in a position where you have been terminated or let go. This single event is the most devastating event in most people’s lives. No one wants to go through the situation of being ‘let go’. The simple fact of the matter is that we are all control freaks to a degree and NO ONE wants to leave a siuation on terms other than their own.
So you can imagine how all of the things that I mentioned above could come into play. You now have to figure out how you are going to pay your bills. You now have to figure out how you are going to find a new job. If you are terminated, you wonder if it is because of you or something that you have done. Now, you wonder how other employers will view you being terminated.
A million different emotions go running through your head. What’s even worse is that when you have to leave, it may not be a sexy leave because there are some predisposed thoughts that you may have floating through your mind:
1) Computer. Let me tell you something. If it’s personal, don’t put it on your computer. The simple fact of the matter is that your computer is your COMPANY’s computer. So you don’t want to have this misguided thought that you are entitled to get your information off of your computer. Because in reality, the computer is NOT yours!
2) Employee File. Check the laws in your states but some people have a sense of ‘ownership’ when the employer maintains an employee file. As an employee, you think “Hey, it’s my information about me! Why can’t I have it? It’s MY employee file!”. Back up a second. Depending on the state, these ‘employee files’ are merely kept as a means to maintaining records about you and your activities with the employer. In essence, the employee file is the property of the EMPLOYER! Think about it like this, if employers knew that they had to give their employees the employee files, they may not maintain them. Why? If you ask for your employee file, what are you REALLY looking for in the file?? That’s right! Something that you can use against the employer, if possible. Don’t suck your teeth. You know what I’m talking about!
3) Employee Friends v. Friends Friends. I know that sounds crazy but so many times, when we leave our jobs in a ‘blaze of glory’, we think that those same people who we used to ‘vent’ to about our jobs will be our biggest allies if we need them. Hey, I hate to be the bearer of bad news but we are in a tough economy so you just can’t predict what an employee will do. And you can’t hold it against them. Friends are friends but business is business. They have the same families to feed like you so they may have to make the tough decision to not put themselves out there.
Understand this, my friends, jobs are tough and our connections to our jobs are even tougher. In this tough economy, alot of us are finding ourselves in the position of having to determine what we need to do in order to survive. I know it’s hard to separate one from another but you must in order to move forward.
The power of documentation
How many times have you found yourself “pissed off” because you have been running behind some company or organization trying to fix something that wasn’t even your fault?
Well, I know, you’re not going to like this but you really have to take that extra step to document everything that is going on in the process. I know this doesn’t sound right but the simple fact is that the longer you have to go through the steps of calling and leaving messages, you may not remember everyone you talked to or left a message. More importantly, if you get transferred around a few times, you may not even remember who you started your initial conversation.
EXAMPLE:
Let’s try a simple exercise and show you how this thing can unfold. You subscribe to something and you get a bill. Well, you decide that you don’t want the item so you pay off the balance and cancel your subscription. The next thing you know, you get a new bill. You call the company and tell them that you want to cancel again. They say “No problem. Disregard the bill.”. The next thing you know, you get a late notice. You start to get worried. You call the company again. Again, they tell you “No problem. Disregard the bill.”. You, get another notice. Now, the late notice says “Pay up or be referred to collects.”. Now you’re starting to get annoyed because a collections notice will affect your credit. You call a third time and now you’re mad. They tell you that they apologize and they will resolve the situation. A few weeks later, you get a letter from a 3d party collections agency regarding the notice and how your credit has been impacted. You call the collections company and they tell you that they got it because you hadn’t paid. You call the original company and the person you speak to doesn’t have any notes in their system about you calling in the past. They ask you who you spoke to about canceling? You don’t know because you didn’t ask. They asked you when you called? You don’t remember the exact date! They asked you if you ever got anything in writing saying they would fix it or did you send anything? You say no. NOW, you are THOROUGHLY HOT!
How many of us have gone through this exercise on a regular basis? Sounds familiar, doesn’t it? So many times, we think that if we just clown and get live, everything will work itself out. Unfortunately, the example I provided is really something that happens daily.
Now, I know this may sound troubling but here are a few tips to help you out:
1) Who? What? When? Where? How? The moment you start trying to correct something, you need to document WHO you spoke to, WHEN you spoke to them, WHERE are they located, WHAT are they going to do and HOW soon are they going to do it! Don’t rely on your memory. Contrary to popular belief, you can’t remember it all.
2) Follow up with documentation! The moment you get off the phone, you need to write down the conversation and mail it to them. Don’t get off the phone TRUSTING that someone is going to “NOTE IT” to your account. Write them a letter so that YOU have documentation as well.
3) Send it certified! Looky heya! People LOVE to say “It got lost in the mail”. They can’t say that if someone signs for it. This piece of paper is your documentation that the conversation occurred.
4) Send a copy of the previous! If you find yourself in a situation where you are having multiple conversations, make sure you send a copy of the PRIOR correspondence you sent to demonstrate that you have been aggressively following up with this situation.
5) Also send a copy to the top dog! Make sure you send a copy to another decision maker. Hey, I have no disrespect for people and the things they do but I have found that sometimes, your issues are not a priority unless someone a little higher UP the food chain is kept informed.
6) Return receipts and copy as well! When you e-mail people, make sure you have the capability to use the “return receipt” prompt in the e-mail. This way, you know if the person received the e-mail. In some systems, you can tell when the person OPENS the e-mail as well. Keep copies of these transactions so you can provide them.
7) Keep a folder! I know. No one likes to be a pack rat. However, you want to keep close tabs on your documentation so that you are fully aware of all of the things that has transpired. Trust me. you will appreciate the fact that you can just grab your folder and pull out what you need instantly.
No one likes to have to go through all of these changes but the simple fact is that sometimes, it’s necessary in order to make sure that you have some peace of mind.
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