Who Needs A Lawyer
WHO NEEDS A LAWYER!
In a world of online legal forms, do-it-yourself divorces, and government agency hotlines with non-lawyer telephone operators, it is very important to consult a lawyer before you get into a lot of trouble. Online forms are not always applicable to your state, online contracts are generally just skeletons without any legal meat, government employees are not legal advisors, and I can’t even start to tell the horror stories I have heard from people who tried to divorce themselves or draft their own will. However, some people like to try to do things themselves regardless of the consequences. Having a legal edge is knowing when you have to have a lawyer.
First, if you have a dispute with an individual or a company you may not immediately need a lawyer. You could try to solve your problems through open and honest discussion or you could engage a mediator to help you resolve your problem to both parties’ mutual benefit. When I was a Mediator in New York City Civil Court, I found that people could frequently resolve their own disputes without a judge, jury, or the expense of the litigation process. However, in cases like an auto accident or being hurt through the fault of someone else, you should see a lawyer immediately. You may unwittingly say something that will jeopardize your compensation for lost wages, medical bills, or pain and suffering not to mention invalidating your claim because the time to file a lawsuit has expired.
If you are starting a new business, you need a lawyer to help to decide the type of business form that is appropriate for you. There are tax and personal liability issues associated with each type of business entity. There are many hybrid types of business forms. The four basic forms are the sole proprietorship, partnership, limited liability companies, and corporations. You need a lawyer to explain how these types of businesses affect your personal assets and your taxes.
Have you been recently married or have a new addition to the family? What happens if you unexpectedly die? A lawyer can draft an appropriate will or set-up a trust that provides for your children. Similarly, elderly persons need to periodically review their wills to be sure they are up-to-date. Wouldn’t it be terrible if someone left his or her estate to someone who is no longer alive? Or, did you sell an item and forget to subsitiute something in the will as a replacement?
You need a lawyer when you buy or sell a house or your business. No ifs, ands, or buts!
Contemplating divorce? There are a variety of options available: uncontested divorce, divorce mediation, contested divorce. People who want a divorce need a lawyer, regardless of how they plan to obtain it. Issues regarding dividing your assets, child custody, support payments, taxes, and on occasion restraining orders to get your spouse to leave you alone, are not easy to deal with legally or emotionally. Let a detached professional help you.
People who are seriously in debt and considering filing for bankruptcy also need legal guidance. Bankruptcy does not solve all collection and credit problems. Certain types of debts do not disappear after a bankruptcy such as child support payments and educational loans. You need to consult with a lawyer to see if bankruptcy is really the best choice for your situation.
Finally, if you receive a notice or are under investigation by a government agency, you need to see a lawyer. The government alphabet soup includes the FBI, IRS, SEC, EEOC, FDA, and FTC just to name a few. People and businesses under investigation will benefit from the expertise of an attorney who regularly deals with these agencies and understands their policies and procedures.
You don’t always need a lawyer but make sure you know when you do!
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