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.
Can somebody explain how I get paid after I get a favorable decision?
So you got approved for Disability benefits. YAAAAAAY!! Congratulations. After stressing, waiting, and going through this lengthy process, you are finally going to get your disability benefits. Even better, you are so happy with your representative who was successful in helping you get your benefits.
However, now comes the confusing part. What happens next? When are you getting paid? Who pays your attorney? When should you expect the money? Now, it seems that you have more questions than you do answers.
Well, here’s a few things to help you out:
1) About 60 to 90 days before you get paid.
There is no hard rule on how fast it takes you to get paid. IN most instances, it takes about 60 to 90 days to process your pay.
2) Why does it take so long?
Even though it may not seem like it, it takes longer to calculate your disability benefits than it it is to get disability. Think I’m joking? Here’s how it works. First, they have to figure out which programs you qualify. Second, they have to determine if there are any programs that offset the benefits. Third, they have to determine if there is any retroactive benefits. Fourth, they have to determine if there is any benefits going forward. Fifth, they have to calculate any representative fees and ensure they get paid. Sixth, they have to determine if there is a need for a representative payee. Finally, they have to deal with any other issues that pop up. Interestingly enough, this process may take place at two different Social Security offices that must talk to each other. See how this may take a while.
3) How does my representative get paid and WHEN does my representative get paid?
This question is one that I get alot. In terms of “HOW”, Social Security is responsible for calculating the back pay. From that back pay, Social Security will withhold 25% towards attorney fees. For example, lets say that your back pay is $10,000. 25% of $10,000 is $2500 which means your attorney will receive $2500 and you will receive the remaining $7500. Now, the WHEN part is trickier. The reason it’s trickier is because Social Security will sometimes release the check to the attorney first (Usually because this part is the easiest to calculate) and then send the rest to the claimant.
4) Why am I getting all of this Paper from Social Security?
Over the next few months, you will received “Important Notices” and “Award Notices”. These papers are crucial because they explain IN DETAIL everything you’re entitled to receive as well as a discussion of how your representative gets paid, any offsets, and future benefits.
5) Why did I get a Medicare card in the mail? Do I have to keep Medicare?
If you qualify for Disability Insurance Benefits (this is different from SSI), then after receiving 24 months of benefits, you are entitled to Medicare. So if your back pay takes you back to October 2007, you will receive a benefits starting October 2009. Now, here’s the tricky part. You have to pay for Medicare and they take it DIRECTLY out of your monthly Disability Insurance Benefits check. If you DON’T want it, just remember that there is a penalty if you decide to come back later (Contact Medicare, they can help you on this one).
6) Should I call Social Security’s 1-800 number or the local office if my money is late?
I always tell people that they can call who they want to but recognize this point. The Toll free number for Social Security is NOT designed to answer all of your questions once you’re paid. Once you get paid, a different office takes over (so the 1-800 will probably not be helpful). The local office can help if you are entitled to receive SSI but your DIB check may be processed in Alabama, Maryland, or New York.
7) I’m fighting foreclosure and an eviction. Will that help?
If you have documentation that you are about to be evicted or foreclosed or your health has turned terminal (i.e. you may be dying), give evidence of this information to Social Security as soon as possible. This information may assist them in speeding up your case.
Congratulations on your case. I know it’s a long time coming but you deserved it. So just be patient a little while longer and it should all work out for you.
Happy Anniversary
Greetings, Ladies and Gentlemen.
I want to thank you for your support and assistance with joining me as a guest or providing me with my guests for my shows. As always, I’m grateful and I am available to provide any assistance whenever you need it. I want to give a special thanks to those who have read my post on my BLAWG, “The LegalBEAT”, and I hope I have provided some meaningful and product insight for you.
This coming October 2009 is an exciting time for me. Effective October 1, 2009, my law firm will celebrate its TWO YEAR ANNIVERSARY. In addition, October 2009 will constitute my TWO AND A HALF YEAR anniversary of “IN THE KNOW with Tony Reeves”. And FINALLY, my BLAWG “THE LegalBEAT” will celebrate over THREE YEARS of postings! To celebrate these great milestones, I am RE-vamping, RE-packaging, and RE-PRESENTING my firm, my blogs, and my shows starting October 7, 2009! As always, I am reaching out to you because YOUR contributions are the main reasons that I have been successful.
As I prepare my schedule for the upcoming Fall, I want to be the first to extend to you the opportunity to return as a guest on my show in order to share with me some of your great updates. Feel free to provide me with any new music you have. Also, now is the time to give me the chance showcase some of your fabulous colleagues. Please don’t be shy about letting me know WHO YOU think the WORLD NEEDS to KNOW ABOUT and I will make sure that the world is “IN THE KNOW”. And finally, please let me know if my postings have been helpful. I want to make sure I’m giving some meaningful contributions.
Again, thanks for your time and your contributions. Of course, I know that know that technology can be a beast sometimes so I want to make sure you have the ability to contact me. If you have any difficulty with this e-mail, I can, also, be reached ‘anthony@reevesfirm.com’.
Welcome to my anniversary celebration and I look forward to growing with you.
Sincerely,
Anthony
Why Diversity in the professional ranks is so powerful
Several years ago, I had the opportunity to walk into a room where I was meeting a new client. Nothing spectacular. My client was a 59 year African American woman who was applying for Disability benefits. Now, you are probably wondering why I emphasized the fact that she was African American. Well, when I came in the room and sat down, the first thing she said to me was “Are YOU going to be my attorney??”. I responded with a soft yet slightly perplexed “Yes”. After I sat down, she looked at me and she just smiled. A big grin that extended from ear to ear. Her smile wasn’t because she KNEW she was going to win (And she did win, thank YOU very much. lol). Her smile was a casual acknowledgment to how powerful the times have changed. She had an African American Attorney and that fact alone was a SIGNIFICANT experience.
It’s interesting to note that in almost any culture, community, or society, there will almost always be a MAJORITY and a MINORITY. In the US, this dichotomy is emphasized through race and ethnic groups. Because these distinctions have been a mainstay in the fabric of our socioeconomic and political culture for so long, people some time fail to remember or even acknowledge that Minorities historically did not have the same opportunities as the Majorities. In addition, the ‘mythical yet truthful’ FIRST tend to be and continue to be a staple in Minority cultures. These FIRSTS may be the FIRST Doctor, the FIRST lawyers, the FIRST college graduates, and so on. Now, there are those in the Majority who have FIRST of their own but history has been kinder to that population in terms of opportunities.
These numbers are greatly magnified in the legal ranks:
Minority representation in the legal profession is significantly lower than in most professions. The total minority representation among lawyers is about 9.7 percent, according to the 2000 U.S. Census, compared to 20.8 percent among accountants and auditors, 24.6 percent among physicians and surgeons, and 18.2 percent among college and university teachers (Miles to Go: Progress of Minorities in the Legal Profession, 2005).
The overall student population for Florida law schools during the 2004-05 school year was 6,605. Of that number, approximately 66.3 percent were white, 8.75 percent were black/ African American, 13.5 percent were Hispanic, 3.39 percent were Asian/Pacific Islander, .61 percent were American Indian and 7.45 percent were of other races and nationalities.
Because Minorities are still experiencing various FIRSTs to this day, Minorities have a tendency to reach out and embrace those persons who they have typically not had access in the past. While this may seem weird to some, you have to look at certain things in their context. In many minority communities, historically individuals didn’t have access to accountants, doctors, lawyers, or other professionals who were minorities. No one is indicating that those who are the majority are unable or unwilling to service the majority population. What is being said that the minority population have not had the ability (in the past) to have access to those professionals who may have particular understanding of their unique cultural demographics.
In addition, access to Minority Professionals creates opportunities for educational excellence as well. When people have the opportunity to see minorities excelling in a variety of professional endeavors, these professionals open the door to the minds of others who may have viewed the opportunity to pursue such professional routes as being impossible to attain. Also, many minority populations are INSULAR in their communities. As a result, these communities would have a desire to receive services and interact exclusively with those are from their communities.
In the end, Diversity is more than just putting color to a concept. In the end, Diversity is recognizing and appreciating the unique cultural differences that various demographics present and encouraging bringing in those who can provide you with a direct connection to those cultures. It’s not about a quota. It’s about recognizing that minorities have a distinct quantitative and qualitative uniqueness. And it is this UNIQUENESS that can not only broaden the scope of any environment but also provide insight into a world that has typically been underappreciated.
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.
What do I do when an attorney is not enough?
A good friend of mine found himself in a very tough situation. His daughter is attending a charter school. He recently found out that his daughter’s charter school is among the many that is being considered for closure by the school board. As a result, he found himself in the unique position of trying to figure out what to do to save her school. He contacted me and the only things we could think of was going to the school board, alerting the media, or starting a letter writing campaign. I’m not sure how this will work out but I really felt bad that I couldn’t do more.
Which brings me to my point of discussion. SO many times, when things get “ON AND POPPIN”, people run to try and hire an attorney. Now, don’t get me wrong, as an attorney, I like it when it’s “ON AND POPPIN” because that means I’m working. However, there are some times when going a route OTHER than the legal system is not only a BETTER option but the ONLY option:
1) Go to your ELECTED OFFICIAL!! So many time people get MAD because they say that their elected officials don’t do anything. My comment is “Have you ASKED them to do anything??”. Check their websites. Find those officials who are committed to supporting certain causes. Most people don’t stop and think about the fact that their elected officials are there to serve. Think about it like this, if you’re in a restaurant and you’re hungry, your waiter is NOT going to know what to get you if you don’t order off the menu.
2) KNOW what you want but be REALISTIC about what you want! So many times, people want the sky when all they really need is about 12 feet off the ground. When you find yourself in a situation where you need to turn for services, be mindful of specifically what you want to achieve.
3) THE MEDIA can be your FRIEND! Most people think about writing letters to the editors or calling the newspaper when something goes down. However, be smart. Alot of news stations have consumer advocates or consumer programs designed to bring unwanted attention to people or things that are running DIRTY!
4) KNOW THE PROCESS! Another big problem run across is that they want to go AROUND the process in order to get something accomplished. It’s important to understand that it may not be possible to get everything you need accomplished without going through the proper channels!
5) THERE IS POWER IN NUMBERS! As silly as it may seem, GET ORGANIZED! If one of you complain to someone, you may get blown off. However, if 100 of you make noise, someone is going to RECOGNIZE QUICKLY!
6) WORK YOUR CONNECTIONS! Sometimes, we don’t think outside of your circle but you may have connections outside of your circle. Don’t be afraid to reach out.
7) BE PREPARED FOR A STANK RESPONSE! At some point, somebody is going to give you a response that you were not expecting. Be prepared for it and accept it as a necessary consequence!
DOCUMENT! DOCUMENT! DOCUMENT! Keep track of everyone you talk to, their responses and their response time. Don’t rely on word of mouth. Write letters (certified mail). Use e-mails (Return receipt). Make copies and keep it handy. If you write 100 letters to various officials and they don’t respond, these documents become very helpful when election time comes around for those officials or when those administrators reach out to the community.
9) DON’T FORGET ABOUT YOUR LOCAL PITBULLS! It’s amazing how people fail to use the resources in their communities. There are hundreds of NON-PROFITS out there and you can find a non-profit specifically to address the issue you need to have addressed.
10) KEEP YOUR BIG GUNS IN THE BACK! Now, here’s where having an attorney is helpful. You’ve got your numbers together. You’re organized. You’ve gone through the process. You’ve contacted your elected officials. You’ve gone to the media. You’ve done everything you’re supposed to do. Now BOOM, right in the MOUTH! AT this point, depending on the situation, legal action may be necessary because you have exhausted all other remedies (remember, there may not be a legal recourse). What’s more important is that attorneys typically are extremely connected so once you’ve done everything possible to make the problem visual, vocal, and verified for everyone, the attorneys can step in and show why the system broke down.
Now, don’t get me wrong. In some situations, unfortunately, you have no other recourse and despite all of your efforts, you can’t do anything else. However, if you put a big enough fight this time, you will be amazed how quickly people will jump the NEXT TIME you come to the RING!
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.
If you need help, don’t have an attitude
I am always amazed how people who feel that they have some sense of entitlement or feel that they have a strong case or feel that you have DUTY and RESPONSIBILITY to help them tend to communicate these feelings in an aggressive manner.
In other words, I’m always amazed by people who are asking for help will get an ‘attitude’ when you don’t jump up and pay attention.
I know these words may seem over simplified and PLEASE don’t think that I am trying to insult ANYONE’s intelligence. However, you have to keep things in their proper perspective. When you are trying to ask someone to help you with a matter or situation that needs to be resolved, the last thing you want to do is walk into their office or their space and ACT like they need to ‘buck up and step right’!
Some of you may still be confused about what I am talking when I’m saying these things. Let me take it a step further. Anytime you are dealing with people who are providing professional services, you have to remember that they are professionals and they are offering to provide a service.
Remember, this is just an OFFER! They don’t HAVE to serve you. It really doesn’t help your situation or your case to walk around with your lip poked out or your chest poked out think that you are entitled to receive a certain amount of treatment or service just because YOU demand it.
Now, don’t get all bent of shape. I’m not saying that if you have a great case that you should be humble or that you should be shy. What I am saying is that you gotta be careful going into a meeting or discussion with a professional (like a doctor, mechanic, or attorney) and have this chip on your shoulder.
And for those of you who still may not understand why some professionals may not like to deal with an attitude, here are a few other things to consider:
1) If you got attitude now and you are ASKING for help, what makes you think you want have MORE attitude later. Think about it. Here you are asking for help and you got ALLLLLL kind of mouth! When you step to someone like that, there is no reason to believe it won’t get worse.
2) Life is filled with stress already so why should YOU add to it? I work with people all the time who are devastated by their financial situation. So I understand how stressful life can be. In all instances, I reiterate to people that I am THERE for them so they understand that I am a part of the solution and not the problem. However, some professionals have a lot of stress to deal with it and if YOU are going to add to that stress, then why should they bother?
3) You MIGHT be a NIGHTMARE! Sometimes, when you complain a lot or have an attitude about everything, this sends a HUGE message to the professional that you may have some unrealistic expectations about what you expect to have happen. As a result, this may be a problem because if you have it in your mind of what YOU expect to have happen (despite what is being told to you), you may make things more difficult for those who are trying to help you.
4) Just because I have a suit on doesn’t mean I am SOFT! Sometimes, we get into these positions where we believe that individuals who provide us services are weak. As a result, we feel the need to exert our influence on them to let them know that we will not be denied. However, don’t EVER think in your mind that just because someone is polite and articulate and has a suit that they can’t get JIGGY!! I knew an attorney who cussed someone out who was repeatedly rude to her despite her best efforts. After several visits, she clicked and he learned very fast that she was much more aggressive than he thought she was.
Now, I am not going to sit around here and act like I have never had an attitude about something. I have walked around with the hoochie and gotten live with people on more occasions than I probably should have. However, after almost 8 years of practicing law, I realize that you really get more out of people when you are kind as opposed to kinding being rude. Remember, if you don’t want anyone coming at you with attitude, what makes you think that they want attitude?
Should I represent myself at a mediation?
In most court cases, the parties are usually given the opportunity to resolve their case through the use of mediation. Mediation is a process by which opposing parties are given the opportunity to possibly work out their differences through the use of an impartial, objective mediator. The mediator’s job is to facilitate discussions between the parties with the hope that the opposing sides may reach some type of agreement.
Sometimes, people (who are representing themselves without an attorney) find themselves a little confused about what happens in the course of a mediation and what they do. Here are a few things to consider which may assist you with the mediation process:
1) The mediator is not YOUR lawyer or THEIR lawyer! The mediator’s role is to be objective and impartial. The mediator is not only there to assist you is recognizing the strengths and weaknesses of your case but also assist the other side in recognizing the strengths and weaknesses of THEIR case. The mediator is to, hopefully, help both sides reach an agreement.
2) The mediator is NOT there to educate you about the law. The mediator can educate you about the mediation process but they can’t educate you about the law. If you decide that you are going to represent yourself without an attorney, the responsibility is on you to become knowledgeable about the law and how it affects your case.
3) Depending on the mediation, you may be able to walk away. You are not obligated to HAVE to agree at the mediation. At some point, you may realize that you are not comfortable with the terms of the agreement. In this case, you may determine that you wish to walk away and continue with the litigation process.
4) If you DON’T feel comfortable, get an attorney. Listen, at some point, if you feel that you are a bit overwhelmed, take it upon yourself to seek counsel. You don’t want to lose your rights or lose something you’re entitled to because you are fumbling through a process that you don’t understand.
The mediation process in most circumstances are designed to be user friendly. It is important to take it upon yourself to be as familiar with the process so you can get the best results.
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