The hardest legal choices usually involve the ones you love
Ok, here’s the situation. You are in a car accident and the person at fault is a good friend or a family member. Do you call the police? Do you notify your car insurance?
What about a Will that leaves something to you that you know another family member. Do you give it to the family member?? What if the item is something you always wanted but your family member has always said they wanted it? If they fight it in court, are you going to fight it in court??
What about a family member that gets arrested and wants to use you as an alibi? Do you cover for them if the alibi is not true??
I wish I could give you the ‘CLEAN LEGAL’ answer for all of the scenarios but unfortunately, I can’t. I can tell you that you may need to investigate the damages for your car and speak to a Personal Injury Attorney. I can tell you that you may need to speak to an Estate Attorney regarding challenges to wills. I can tell you that you need to speak to a Criminal Defense attorney so you can appreciate the ramifications of your actions for covering (i.e. lying for a family).
Those responses are the “Legal” responses. Unfortunately, they are not necessarily the CLEAN responses. The reason I say they are not the CLEAN responses is because any time you are dealing with family members or loved ones and THE LAW, things are never as clean as we would like them to be.
It’s easy to deal with someone who is not a relative or a friend. However, when you find yourself in a situation where you are trying to separate your personal emotions and feelings about a legal situation, it can be come increasingly difficult based on the person you’re dealing.
Unfortunately, there is no easy answer. The phrase “The LAW is Blind” is also applicable to family members and friends. When you find yourself in a situation where you are forced to avail yourself of the legal system, you have to keep in mind that your relationship with that person will be affected by the legal process. The impact of that affection depends on you and your loved one.
Anthony Reeves
www.reevesfirm.com
Dedicated to Representing the Disabled and Discriminated
The initial speech when you come in for representation
“Allow me the opportunity to explain a few things to you about the process and what you can expect………”
I can’t tell how many times I’ve had to give this type of speech. It’s a crucial speech and it’s one that every person who is hiring an attorney should and probably will hear. It’s not meant to blow you off or talk above your head. The speech is designed to educate you about somethings so you can be fully informed.
How does this speech go?? It’s usually something like this (and they are all done a little different depending on the attorney or type of case):
1) The Process
What the Lawyers say -”The process you’re going to go through is a difficult process and may take a while but you must be patient because some steps are necessary.”
What the Lawyers mean - You have to be patient because there are certain things and steps that HAVE to happen in order to get a favorable outcome. Even though you’ve hired an attorney, this doesn’t mean that you are going to get the outcome you are looking for immediately.
2) Representation
What the Lawyers say - “It’s important to keep me informed about your situation. Remember, it’s important to remember that I am representing you.”
What the Lawyers mean - The attorney is telling you that YOU are the client. Not your cousin. Not your husband. Not your wife. Not your girlfriend, boyfriend, momma, daddy, or friends. It’s, also, important for you to remember that you bear some responsibility in ensuring that you providing information to your attorney.
3) Attorney Fees
What the Lawyers say - “It’s important to understand that we obtain attorney fees in this manner. “
What the Lawyers mean - Unless the attorney tells you that they are going to do the case ‘pro bono’ (i.e. free), they expect to get paid. Attorneys do a good job at documenting the work they do so they are going to cover themselves in terms of describing the work they do.
4) Expectations of your case
What the Lawyers say - “The likelihood of success depends on the facts of your case as well as the evidence. As the case proceeds, we will evaluate the case further.”
What the Lawyers mean - Do NOT, and I repeat, DO NOT compare your case with someone else’s case. Every case is different and every outcome is different. As one attorney once told me, “I’ve seen great cases with great facts lose and bad cases with bad facts win. What does that tell me? Every case is a crap shoot”. With this being said, it’s important to remember that attorney’s typically take cases they can win so they are trying to make money when they can. However, sometimes, as the case progresses, they realize that they case can easily get worse.
5) Communicating with your attorney
What the Lawyers say - “Please feel free to contact our office anytime. Our staff is available to assist you with most questions and concerns. If you must talk to me, just my staff know.”
What the Lawyers mean - So many times people think that the only person who can tell them about their case is their attorney. As such, people are quick to bypass the paralegal or admin assistant who can provide you quick and accurate information about the status of your case. Don’t be so quick to believe that support staff can’t help you.
Attorneys constantly speak about how important a decision and it is an important decision. Attorneys recognize and appreciate how important it is for clients to be informed about the process, the case, and everything that may be deemed relevant at the BEGINNING of the process. Make sure you take the time to listen to what they have to say.
What should you do if you think you’re going to get fired?
In this day and age, people are become more and more concerned about their job security. Even when the market was good, the last thing you want to see happen or have happen is to find yourself in a situation where you think you are about to get fired. Now, there is a difference between getting fired or laid off. When you get laid off, it’s usually due to some type of financial decision that was made by the employer in an effort to reorganize or save cost (Unless you think they are just saying that to get rid of you and that’s a whole different topic).
Usually, when you think that you are about to get fired, this situation usually occurs as a result of some type of ongoing tension between you and your employer. This tension can not only be distracting but also upsetting. The last thing you want to do is find yourself in a situation where you think that someone is going to drop the hammer on you.
Unfortunately, when people find themselves in this situation, their first instinct is to try and figure out a way to keep this from happening. Doing this can be tricky because you literally don’t know what the employer is thinking so it’s kind of hard to take any proactive step to stop this from happening.
But don’t think you’re completely helpless. You can do a few things to keep YOU on your game so that you don’t make your situation worse:
1) Is your employment unionized?
In most instances, if you are in a ‘union shop’ (i.e. you are a member of a union), the union representative is your best resource. If you think the hammer is about to drop, I would be quick to tell you to go and speak with you union representative. The reason I mention this is because invariably if there is a grievance procedure to go through, you will have to go through that first if there is any type of collective bargaining agreement in place.
2) Be careful of WHAT disciplinary actions may come your way.
You have to be mindful of any additional disciplinary actions. If you find yourself getting written up for things, make sure you take the opportunity to read what the allegations are. Most employers give you the option to ’sign or not sign’ and in some instances, you may have the ability to write a rebuttal. In any event, you want to be careful about any ‘additional disciplinary actions’ that appear to pop up from no where (especially if you’ve never had any problems in the past).
3) Keep an eye out on the BEFORE and AFTER!
What is your employment track record? If you’re an employee who has never been written up and gets great evaluations, you are probably going to be a bit concerned when you start noticing an increase in negative evaluations. Pay attention to how soon these ‘negative evaluations’ occur and more importantly, pay attention to the timing of these evaluations.
4) What type of state are you in?
Meaning are you an AT WILL state which means the employer can fire you for any reason or no reason (as long as it doesn’t violate any clearly defined law i.e. based on race, gender, age, etc.).
5) If this place is not a union shop (i.e. has a union) and you are what is called “RIGHT TO WORK” state, you need to be careful.
If you find yourself getting ‘verbal communications’ about things that you should do in an effort to improve your situation, you should a nice letter to the employer summarizing the content of these meetings and your understanding of what they want you to do and WHY they want you to do it. You should emphasize the facts (not the emotions) such as NO indication of corrective action (if that’s what happened). Be careful because when you start documenting, the employer will think you’re up to something but THIS POINT forward, you needs to be documenting everything.
6) Be SMART.
It’s amazing how GANGSTA people get when they think that someone is about to bring the heat! It’s even further magnified when they believe that they have had a reputation and livelihood effected. Be careful about being a pistol. The law is fairly clear that if the employer has a ‘personality conflict’ with an employee, this is different from discrimination. An employer may be able to put the heat on you for not getting along. You don’t want to do anything to trip over your own feet. I’m not saying you can’t be vocal about anything that may be illegal but you have to be careful not to come off as the unruly employee who is not trying to work with management to improve.
7) If they are going to let you go, there may be nothing you can do
Absent some express contractual provision or a provision in a union collective bargaining agreement, you may not be able to STOP an employer from you. You can possibly sue to get your job back. You can sue for damages. However, if they decide to let you go, that’s’ it.
IF you get fired, file (if you thinks you’ve been discriminated) right away.
The moment that the adverse employment action, you will have 180 days to file with the EEOC (I don’t know what the time line is for most states for a similar state action) but you don’t want to wait.
9) Don’t expect your co-workers to automatically have your back.
In an employment setting, when it’s a choice between your job and your friend, your Worker FRIEND will probably choose their job. Even though employers are not permitted to retaliate against an employee for participating in a situation like this, employees may still run scared because they don’t want their employer looking at them crazy.
10) GO TO A LAWYER!!!
Sometimes, lawyers can do certain things that may put the employer on notice that they better chill out if they are doing something potentially illegal. However, it’s important that you take the opportunity to speak with an attorney so you can understand and appreciate all of your options.
Let me be the first to tell you that there is nothing sexy about being in a position where you are worried about the financial well being of your job. With all of the stresses that you deal with in your day to day life, the last thing you want to have in front of you is a situation where you are freaking out about the possibility of losing your job. Be smart. Most importantly, if the climate of your job has changed, you may want to think about changing the weather. I know it gets kind of crazy when you’ve been in a job for a number of years but in the end, your sanity is much more important than a paycheck.
Some helpful tips when deciding to accept a Settlement
In most litigation proceedings, you may be given the opportunity to resolve your case through what’s called a “Settlement”. Unfortunately, some people have a different mindset about what that actually entails but here’s a few things to help you:
1) You gotta give up something
One of the things people have a hard time accepting is the fact that you are going to have to give up something!! You almost rarely get EVERYTHING you want when you are ’settling’ something. You have to ask yourself what can you or can’t you live without.
2) They are going to give up something
You have to remember that the other side is giving up something as well. Sometimes, we don’t think the other side is losing as much as we are. Remember, every body is ‘giving up’ something.
3) It’s a contract so you better READ!
Sometimes, people are in such a rush to get to the end result that they don’t take the time to actually REVIEW the document. Remember, it’s important that you take the time to actually review the settlement agreement so you don’t end up agreeing to something that you didn’t want.
4) Yesterday, today and Tomorrow!
Some agreements are designed to not only deal with situations of today but they may have some provisions relating to the past or the futures. Once again, it’s important that you take the opportunity to look back and review to make sure that you are not signing something to burdensome.
5) If you break it, here it comes!
Some settlement agreements have provisions that ensure that if one of the parties break it, there will be some consequences. Keep that in the back of your mind in case you decide you want to break your tie from the contract.
6) There’s a reason you go to an attorney
The reason you should let an attorney review the settlement is you may not be familiar with all of the various jargon or provisions that is actually IN the contract. You don’t want to sign something you don’t understand.
7) Rare reasons for breaking it: Duress, Coercion, Unconscionable
In some instances, if you were FORCED to sign the agreement or you signed something that was SO outlandish that no person would have signed it, you may have a defense if you break the contract.
At the end of the day, your biggest decision will be a “TAKE IT or LEAVE IT” Decision. Settling a case is always tough but you got to decide what you can or can not live with when making your decisions.
Law 102: Michael Jackson’s kids - not over yet
Today, I read in the paper where Katherine Jackson and Debbie Rowe have come to an understand about Michael Jackson kids. Ms. Jackson will have custody and Ms. Rowe will have visitation. Ms. Rowe’s parental rights are restored. Ms. Rowe will not receive any money beyond what she’s receiving.
They should have added a phrase that says “……..For NOW”.
Now, some of you are probably thinking, “yaaaaay, the kids stay with the Jacksons and Ms. Rowe won’t get any money.”
Again, I say “……. For NOW”.
Now, I’m not an expert but this move may have been a brilliant move on the part of Ms. Rowe:
1) Visitation re-establishes a relationship. The simple fact that may have hurt Ms. Rowe was that she had NO relationship with her children at all. They didn’t know who she was. They didn’t know she was their biological mother. They didn’t visit her. Her ability to demand their custody may have been hampered by these facts (coupled with the alleged fact that she relinquished some of her parental rights). By allowing visitation, she may be able to establish a relationship with the children. Depending on the type of visitation (overnight, extended visits, etc.), she may be able to spend a great deal of time bonding with the children.
2) Agreement revives parental rights. The agreement allegedly revives her parental rights which gives Ms. Rowe the ability to assert an interest in the children as it relates to their well being. As time progresses, the more time she spends with the children, the stronger her position becomes as it relates to asserting her parental rights.
3) Ms. Jackson’s age may be an advantage. I know this is a morbid point but Ms. Katherine Jackson is 79 years old. Hopefully, by the grace of the almighty, Ms. Jackson lives to be 109 years old. With one child being 12 and the other 11, these kids could reach the age of majority (18) by the time Ms. Jackson turns 86. However, with the youngest being, 7 years old, Ms. Jackson may be 90 years old. If everything works perfectly, Ms. Jackson will have the pleasure of watching all 3 children graduate from high school. However, if she passes away before this time, Ms. Rowe may be able to use the time she has had establishing a relationship with her children as an opportunity to modify the custody arrangement.
4) No money now may mean more money later. Recognize one fundamental point - ‘The money follows the kids’!!! If Ms. Jackson passes and Ms. Rowe is awarded custody, she still stands a great likelihood of receiving money on behalf of the children. Now, someone can easily argue that a trustee should handle the money but make no mistake, she can still make a compelling argument that if she gets the kids, she should be able to handle the money.
5) Estates rights v. Parental rights. I know this is prospectively speaking but the simple fact is that if Ms. Jackson passes away over the next years, Ms. Rowe (depending on how often she visits the children) may be able to assert her custody rights. This situation may get tricky if Ms. Jackson inserts a provision in her will regarding the children OR if the estate emphasizes that the children should go to the secondary custodian, Diana Ross. Make no mistake, Ms. Rowe will have a compelling argument that her Parental rights trumps any will that may be in effect at the time of Ms. Jackson’s passing.
6) Best interest of the child. All of these points sound like a very elaborate and integrated chest match. However, at the end of the day, the governing factor will always be “What’s in the best interest of the children”. Whatever course of action, this factor always takes precedence.
Right now, both parties did the smart thing. They didn’t go through a lengthy fist fight which would have been extremely high profile. For Ms. Jackson, she has the ability to ensure that her children maintain a close relationship with the only family they know. Ms. Rowe will develop the relationship she never had with the children. In the end, this looks like a very elaborate and complex chest match with the children being used as pawns. In any legal proceedings, you have to move one piece over and lose a piece before you get a check mate.
Just remember, this situation is far from over.
Some forceful focuses to help you fist fight your foreclosure
Let me be the first to tell you that there is NOTHING sexy about Foreclosure. And I’m sure that there are HUNDREDS of websites out there that will give you a million and one tips to fight off the foreclosure monster.
Well, allow me the opportunity to provide you with tip number 1 million and TWO:
1) Detail who you discuss things! When things get crucial, you will probably get a lot of correspondence from the lender regarding the property. Keep these letters for your benefits. Also, write down the name, title and phone number of any representative that you spoke to regarding your case.
2) Your MORTGAGE is MORE than just a piece of paper! Your mortgage typically outlines what things have to happen before you get foreclosed. In some instances, the mortgage documents will outline specific provisions the lender can provide to you. Pay attention to whether these things have happened.
3) TAKE it to the BANK! In some instances, lenders will tell you (maybe not in writing, which is why you need to document who you are talking to when you speak to the lender) that you don’t need to pay anymore because you are in foreclosure. As a result, you have a surplus of money. DON’T SPEND IT!! Put that money in a savings account or trust account (if you have a lawyer) so that you have those funds if you need renegotiate or refinance your mortgage.
4) You gotta SHOW them the money. You have to be able to demonstrate how you’re getting money. This means, you need to have your pay stubs, tax records, and any other documents to demonstrate your financial means.
5) Recognize your position. People, foreclosure usually means the DOGS are at the DOOR! In other words, your ability to financially maintain the household has some how changed and prevents you from being able to continue to do so. The reality is that you have to ask yourself “CAN you afford to pay for the place you are living?”
6) Understand their position but don’t push it. No matter how much you want to say that the property you live is not worth the aggravation to the lender to get it back, it is STILL their property to pursue. Lenders are smart. They know what they are dealing with and it’s smart to not assume that they are just going to ‘ROLL’ and let you stay in the property ‘just because’ they can’t sell it.
7) Always FIGHT! If you REALLY want to keep your home, do your homework, contact an attorney, reach out to the lender, keep your documents, and DON’T GO QUIETLY!
Alot of times when the foreclosure monster comes calling, we don’t always know what to do in order to properly fight the proceedings. Be prepared to take the steps to keep your home and hold on to it as long as you can.
How do you pick a law firm?
How many of you have been swamped by TV ads about lawyers? If you’ve had an auto accident or a slip and fall, you can probably find a personal injury lawyer within 5 minutes of turning on the TV. But if you need something else, it may be a little more difficult. So what do you do? You go through the phone book and OH MY GOODNESS, your head is probably spinning because of all of the pictures, listing and ads for attorneys.
So when you are looking for an attorney or a law firm, what should you do in order to help you with your search?
1) BIG FIRM v. SMALL FIRM! Firm size as it relates to your case is really a matter of preference and the case you have. Don’t get me wrong. A large firm typically has alot of resources available to it. However, don’t get the idea that bigger is necessarily better. I’ve known attorneys who are solo practitioners who have settled multi-million dollar cases as well as attorneys in big firms. Interestingly, it really boils to what you feel comfortable.
2) PERCENTAGE OF WINS DOESN’T GUARANTEE RESULTS! I can’t tell you how many times I’ve had people ask me “What is your win percentage?”. The simple fact is that people feel comfortable knowing the likelihood of success as it relates to their case. There is nothing wrong with that thought process. However, what most people don’t realize is that some law firms screen cases in order to accept cases they feel they have a greater propensity to prevail. So if a law firm is willing accept your case, they have pretty decent expectation that they may be successful. However, it is possible that your case may not have the ultimate outcome you are looking (depending on your facts and circumstances). Just remember that percentages are great but don’t penalize a firm for not having the results you are looking for because every case is a little different.
3) YELLOW PAGES! OOOOOOOOOO, I know this must be a NIGHTMARE for you. You see HUNDREDS and HUNDREDS of attorneys but which one do you call? Don’t freak out. You probably won’t have any problems with who you select out of the yellow pages so don’t get upset because you have so many to choose.
4) WHAT DO YOU WANT - INTERACTIONS!! Ok, this part may the most important to you. All attorneys have an ethical obligation to keep their clients informed. The important question is HOW MUCH interaction do you really want or HOW MUCH interaction is important to you? Some people want an attorney that they can talk to weekly. Some people is ok with just monthly contact or quarterly contact. Some people can talk to their attorney through the internet and some call the attorneys cell. You have to ask yourself HOW MUCH interaction do you require.
5) REFERRALS ARE GREAT! One of the best places to FIND an attorney is to ask someone you know who has USED an attorney before or who KNOWS an attorney. If you talk to someone who has used an attorney that you need, you can get in-depth knowledge about the person’s experiences. THis part gets tricky because everyone’s experience is difference so you may find yourself missing an opportunity to get a good lawyer. However, you can still get some good insight into what to look for when you are doing your search. If you know an attorney, attorneys typically can refer you to someone who actually does the type of law you are looking.
6) LAWYERS ARE NOT JESUS! Ok, before you start cursing me for being a HEATHEN for using JESUS’s name in vain, let’s get one thing straight. I am religious and this statement is in NO WAY meant to disrespect any religious faith. Now, that THAT’s out of the way, get one thing straight. Lawyers can’t WALK on water so please get this thought out of your mind that your mind that your attorney needs to be a miracle worker. Alot of time, people have a really high expectation of what attorneys do and if they can’t make it “Shake, rattle and roll”, there may be HELL to pay! Remember, your attorneys can only work with the law that are presented to them and your fact that constrains them.
7) NINJA v. SAMURAI! For those of you who don’t have any martial arts experience, a NINJA is an assassin who practices the art of stealth and covert operations. A SAMURAI is a warrior skilled in the art of open combat and warfare. Ultimately, both fighters serve the same purpose: To destroy their enemy. Depending on your case, you have to ask yourself the question: What type of lawyer do I want? Do you want the lawyer who is quiet, unassuming but gets results OR do you want the lawyer that raises hell and kicks down doors but gets results? Ultimately, they both get results. So which one do you want?
2ND OPINION IS FINE BUT DON’T COMPARE! I can’t begin to tell you the number of times I’ve said this people. There is absolutely nothing wrong with getting a second opinion. You are more than within your rights to investigate multiple law firms. However, searching for a firm is not going to a car dealership. Telling one law firm that another law firm can do something that they don’t may get you a “STANK” response. If you don’t know what I mean, try telling one firm about something another firm says they can do and you will quickly see what I mean.
9) THEY CAN’T READ YOUR MIND! When you are in the process of hiring an attorney, as silly as this may seem, ASK QUESTIONS!! If there is something on your mind that you want to address, don’t keep it to yourself and expect the attorney to figure out what it is you want to know. Hiring an attorney is a big decision so if you have questions, ASK!
10) GET PRELIMS ON THE PHONE! Listen, when you are searching for an attorney, get some basic information out of the way in order to narrow your search. Ask if they have free consultations (or how much they cost). Ask for a website. Ask for what areas they cover. Get all of that out of the way so you can figure if you need to come in for a more thorough discussion.
11) BACKGROUNDS ARE HELPFUL! Attorneys understand that their expertise can only add to their ability to help you. So when you see attorneys highlting their certifications, the courts they are admitted, their past work experiences, and their background, it’s because they want you to have a greater appreciation of what additional skills they bring to to the table.
12) TRUST YOUR GUT! At the end of the day, all of these bells and whistles that I am sharing really boils down to hiring someone that just feels right for you. You can see a million commercials, talk to a bunch of people, or ask a million questions but ultimately, you have to feel good about the attorney or the firm you are hiring.
Hiring an attorney is an important decision. Whenever you are taking the steps to find someone to help you with your case, it is important that you find someone that is right for you. Not every attorney or law firm is perfect so all you can do is find someone or some firm that is perfect for you.
Sometimes you can’t prevent something from happening
In accordance with the online free dictionary, Moot refers to a subject for academic argument. It is an abstract question that does not arise from existing facts or rights. In accordance with the online free dictionary, RIPE, in Constitutional law, referring to a law case appealed from a state or federal court which is ready for consideration by the Supreme Court, meaning that all other avenues for determining the case have been exhausted, there is a real controversy, and the law needs to be settled on one or more issues raised by the case.
Now, some of you who are used to reading my blogs probably are wondering “Why in the hell is he leading off with legal definitions??”.
Quite simply put, sometimes, there is NO case YET in order for an attorney to get involved. So, I hate to be the bearer of bad news but unfortunately, in some instances, you just can’t prevent something from happening.
I can’t tell you how many times I have had people who have approached me about resolving a situation that MIGHT happen. Now, don’t get me wrong. There are plenty of times when situations arise that dictate that an attorney may be necessary. However, sometimes, you have to look at your situation and ask yourself “Has anything happened YET that warrants the need for an attorney?”.
For instance, let’s say you are working at a job and you filed a harassment complaint against your employer. If the harassment continues, getting an attorney involved is helpful if you decide to quit. However, if the harassment stops but you THINK you MIGHT get fired, calling an attorney does NOTHING because NOTHING has happened.
Another example, let’s say you’re on disability benefits but you are thinking about going back to work. If your benefits haven’t been cut off yet, then why would you need an attorney?? If your benefits haven’t been THREATENED to be cut off, then why would you need an attorney? If you haven’t even gone back to work and your benefits haven’t been cut off, why would you need an attorney??
Now, don’t get me wrong. Going to an attorney to determine if you have a case or a potential case is definitely a smart move. You don’t want to lose your rights as a result of a bad situation that you are not sure is actually a case. However, you have to accept the fact that you may have some situations that don’t warrant any legal action because nothing illegal has happened or your rights may have NOT been violated yet.
I know that in these times, we want to be careful. We want to keep our eye out for anyone who may be trying to take advantage of us. However, you have to recognize that some times, the facts of your situation don’t necessitate the need to take any legal action yet!! I know you are probably saying, “so i gotta wait for something to happen before I can do something?”. In some situations, yes. Think about it. How are going to legally stop someone from firing you if you have NO idea that they are ACTUALLY going to fire you??
Be smart! Be cautious! Be informed! But most importantly, be aware that you may have no legal rights yet to be enforced.
Be careful when YOU are NOT the client
I know it’s your loved one. They look up to you. They trust you. They rely on you. SO when the time comes to seek legal counsel, they turn to you to recommend someone. They turn to you to be there with them when they go through the legal process. Unfortunately, some people (let’s call them 3d parties) don’t really appreciate the fact that they are NOT the client.
When you find yourself in the position of being a 3d party, you gotta keep in mind that you don’t have the same priviledges, rights, and expectations as a client. You aren’t going to get the same level of deference. So before you decide to swell up and call the attorney’s office going OFF, here’s a few things you need to think about if you’re a 3d party:
1) The CLIENT must give you access. Contrary to popular belief, just because you came with the client to an appointment does NOT guarantee automatic access to information. It is important to understand that the client has to give you permission.
2) A 3d party may break privilege. The power behind attorney / client privilege is based on the ability for the client and attorney to confer WITHOUT worrying about that information being obtained by outside sources. However, if you as a 3d party, are there, you risk the possibility of that communication not being privileged because of another person being there.
3) The CLIENT is the final decision maker. I know you believe that you know what’s best for your friend but in the end, the client is the person who must make the decision regarding their case.
I know you love your friends or your family. However, when they go to hire an attorney, this decision may have a significant outcome on their life. It is important that as a 3d party, you can help your loved one most by being there for them and on not trying to impede the process.
Don’t KILL your case!
The legal process is a frustrating beast and let me be the first to tell you, the BEAST always wins! Now, I am not saying that the BEAST will beat you but what I am saying is that most people get so upset with the waiting, the red tape, and all of the little steps you have to take in order to get from point A to Point B that they sometimes do things in order to fight the BEAST.
If you’ve hired an attorney, your attorney is trained to fight for you as well as deal with this BEAST that is known as the LEGAL process. Unfortunately, too many times, people will do things that may potentially HURT (or even KILL) their case:
1) Talking to witnesses on your own. Depending on the situation, you really should let your attorneys talk to potential witnesses. Why? One, attorneys tend to fully document the context of the conversation. Two, attorneys tend to have specific, well crafted questions that they ask which will give them an idea of whether the witness’s information is helpful or harmful. Three, what you tell your witnesses may eventually come back to bite you in court. You don’t know how someone will convey what you said to them.
2) Sending in your own evidence. So you found something that you think is useful, that’s great. Make sure you let your attorney see it first. Most attorneys are aware of discovery requirements but if you decide to give the other side some information that you didn’t necessarily have to give and it’s damming to you……….do I need to go further??
3) Taking steps without consulting your attorney. If you are going to do what you want to do, then you probably don’t need an attorney. Most attorneys work to carefully lay out a plan of attack to deal with any issues or problems that may arise and if you decide that you are going to do things that undermine that, the attorney can’t help you.
4) Responding to the court or the other side on your own. If you get documents from the court or the other side, unless you don’t have an attorney, please be careful not to respond. So much time, we think that if respond to someone right away, it will help our case.
5) following the advice of someone who is NOT your attorney. I had a friend of mine who is an attorney tell me that she has to tell her client’s all the time “I didn’t know they gave out law degrees at the gas station?”. The reason she says this is because so many times, her clients will come to her FIRED up because someone who is NOT an attorney will tell her client something and then come to her HOT! Becareful about following the road of some person who THINKS they know what’s going on when in reality, they don’t.
Like I said, the legal process is a BEAST but don’t add to the problem by giving the BEAST food to eat. The process is tough but it can be tougher if you do things to make it worse.
-
Brought to you by:
