Category: Legal

My dog bit someone. What should I do?

If your animal bites someone, you could be sued in both civil and criminal court. The injured person can sue you for any money they paid for their injuries. If you knew your dog was vicious or dangerous, and you failed to keep it locked up, you might also be guilty of a felony.

An animal owner is anyone who owns, keeps, or cares for an animal. Animal owners are also people who let an animal stay on their property.

If you knew that your animal was vicious or dangerous, you have to pay for the injuries no matter what. The injured person would not have to prove anything except that they were injured by your animal.

Law enforcement officers can enter your land to get a dangerous or vicious dog or a dog that might be infected with rabies.

Vicious dogs

A dog is “vicious” when the state decides it’s especially dangerous. A dog which has been trained for guard or police duties is not vicious. Your dog is not vicious if one of the following is true:

• The injured person was doing something to cause the dog to attack them;
• The injured person was committing a crime against you or your property; or
• Your dog was responding to pain or injury or was protecting itself, its offspring, you, or a member of your household.

If the state decides your dog is vicious, it must be spayed or neutered within 10 days. You must pay a $100 public safety fine, and keep the dog locked up at all times. The dog must be kept behind a fence that is at least 6 feet tall. The only times a vicious dog can leave are:

• To go to the vet,
• If there is an emergency or natural disaster that threatens the dog’s life, or
• To follow a court order.

When you take the dog out, you must put a muzzle on it, and keep it on a leash no longer than 6 feet. You must keep it under your control and supervision at all times.

If you let out a vicious dog, it will be impounded. If a court issues an order to impound the dog, you must appeal the order in circuit court within 15 working days. Once you file the notice of appeal, animal control cannot euthanize the dog. But you must tell animal control in writing that you’ve filed an appeal.

If you do not appeal within 15 days, the dog may be euthanized. You may have to pay the animal control agency for the time spent caring for your dog.

Here are the basics:

The law varies from jurisdiction to jurisdiction:

There is no federal dangerous dog law. States will have their own dangerous dog law. Some counties and cities also have dangerous dog laws.

These laws will vary as to what behavior is deemed dangerous. In some, one bite can lead to a dangerous dog determination; in others, the dog must have bitten more than once. Similarly, some jurisdictions may consider a dog dangerous if that dog has killed another animal, in others not.

The procedures also vary between jurisdictions:

If your dog is accused of an attack, he or she may be seized and put on “bite hold” at a local shelter. You will then generally be entitled to a hearing before your dog is declared dangerous. This hearing may be before an administrative hearing officer or before a judge.

The party seeking to have your dog declared dangerous — an animal control agency or an injured party — will present evidence showing why they believe this designation is appropriate. If you are contesting the dangerous dog designation, you may present evidence showing why your dog should not be declared dangerous.

Some examples include:

• Evidence relating to identity. Was it your dog who attacked, or could it have been another dog?
• Evidence relating to the severity of the attack. Was the bite not as severe as contended?
• Evidence relating to why the dog attacked. Was your dog defending you? Was the person bitten provoking your dog?

The law in your jurisdiction will determine if you, or another party, may appeal the determination.

If your dog is declared dangerous:

There are a number of things that might happen. You might be required to muzzle your dog in public or to affix a “vicious dog” sign to your front door. You may be ordered to remove your dog to a different jurisdiction — in other words, to find your dog a new home in another community.

There is also the chance that your dog will be ordered to be euthanized. Because of these serious stakes, we urge anyone whose dog may be declared dangerous to consult a lawyer.

When Strict Liability Applies to Tennessee Dog Bite Case

In a strict liability case, the dog’s owner can be held responsible even if he had no knowledge of a dog’s previous behavior or tendency to bite. Since knowledge of a dog’s aggressive tendencies is irrelevant in cases of strict liability, the outcome is typically more predictable than in a “one bite” situation.

A dog owner may be strictly liable for injury or damage to personal property in Tennessee if:

• The person who was injured was in a public place, or
• The person was injured while he or she was lawfully in a private place

Although a dog owner cannot claim ignorance of a dog’s prior behavior, there may be other defenses in a strict liability situation. State law protects dog owners from injury claims if the injured person provoked the dog, or if the dog was confined in a kennel or cage when the injury occurred. In addition, the injured person cannot sue a dog owner if he or she was trespassing or committing another infraction when the injury occurred.

Protect yourself—and your assets

Homeowners and renters insurance policies typically cover dog bite liability. Most policies provide $100,000 to $300,000 in liability coverage. If the claim exceeds the limit, the dog owner is personally responsible for all damages above that amount, including legal expenses.

Most insurance companies will insure homeowners with dogs. However, once a dog has bitten someone, it poses an increased risk. In such a case, the insurance company may charge a higher premium or exclude the dog from coverage altogether. Some companies will require dog owners to sign liability waivers for dog bites. Some will cover a pet if the owner takes the dog to classes aimed at modifying its behavior.

A single lawsuit—even if won—can end up costing hundreds of thousands of dollars. And the greater a person’s assets, the more potentially is at risk. The personal liability coverage available through a standard homeowners or automobile policy simply may not be enough, so you may want to consider purchasing a personal excess liability policy. Also known as an umbrella liability policy, it protects you against personal liabilities—such as dog bites—that could impact a substantial portion of your assets.

The amount of umbrella liability coverage usually ranges from $1 million to $10 million, and covers broad types of liability. Most insurance companies have required minimum amounts of underlying coverage—typically at least $250,000 of protection from your auto policy and $300,000 of protection from your homeowners policy. If you own a boat, then you must also have boat insurance with a specified minimum amount of coverage. Personal excess liability insurance is relatively inexpensive. The first $1 million of coverage costs about $150 to $300 per year, the second million about $75, and subsequent increments of $1 million cost about $50 per year.

Be A Responsible Dog Owner

Ultimately, the responsibility for properly training and controlling a dog rests with the owner. The most dangerous dogs are those that fall victims to human shortcomings such as poor training, irresponsible ownership and breeding practices that foster viciousness or neglect and abuse. To reduce the chances of a dog biting, the following steps are recommended by the CDC when getting a dog:

• Consult with a professional (e.g., veterinarian, animal behaviorist, or responsible breeder) to learn about suitable breeds of dogs for your household and neighborhood.
• Spend time with a dog before buying or adopting it. Use caution when bringing a dog into a home of with an infant or toddler. Dogs with histories of aggression are inappropriate in households with children.
• Be sensitive to cues that a child is fearful or apprehensive about a dog and, if so, delay acquiring a dog. Never leave infants or young children alone with any dog.
• Have your dog spayed or neutered. Studies show that dogs are three times more likely to bite if they are NOT neutered.
• Socialize your dog so that it knows how to act with other people and animals.
• Discourage children from disturbing a dog that is eating or sleeping.
• Play non-aggressive games with your dog, such as “go fetch.” Playing aggressive games like “tug-of-war” can encourage inappropriate behavior.
• Avoid exposing your dog to new situations in which you are unsure of its response.
• Never approach a strange dog and always avoid eye contact with a dog that appears threatening.
• Immediately seek professional advice from veterinarians, animal behaviorists, or responsible breeders if the dog develops aggressive or undesirable behaviors.

What Can You Do to Make an Attorney More Likely to Take Your Case?

While you can’t change the underlying facts of your case, you can sometimes take certain steps to make representation more desirable from the attorney’s perspective.

Build Your Case

You can position your case for success by having a complete picture of the nature and extent of your injuries—an official diagnosis from your doctor, for example. In a car accident case, getting a copy of the police report can be a big help. It also helps to organize and gather any potential evidence, like your medical records, contact information of potential witnesses, and a timeline of notable events.

Manage Your Expectations

One of the biggest red flags for an attorney is a client who expects too much. This can make settling a case more difficult or lead to disappointment even after a successful win at trial.

Be reasonable in what you expect from your attorney too. Don’t expect a daily call with a status report, and try not to lose your cool if the lawyer doesn’t return your calls immediately. When something significant happens, the lawyer will let you know.

Be Honest

Litigation attorneys are master lie detectors. So if you’re not telling them everything, or if you’re lying about something, there’s a good chance they’ll know. Why does this matter? Because if they don’t see you as credible, a judge or jury probably won’t either. Your attorney also needs to trust you, as they will be making sworn statements to the court based on what you say. If they’re constantly wondering if you’re lying, they won’t be able to represent you effectively.

See an Attorney ASAP

Generally speaking, it doesn’t help to wait to see an attorney. It’s one thing if you’re waiting to receive a copy of some documents before you have a consultation. It’s different if you’re just procrastinating. If you wait, your attorney will wonder how serious your injuries really are, or how important this case is for you.

Let the Attorney Handle Your Case

This sounds obvious, but there are clients who think they know the law as well as their attorneys do, and they act accordingly. This is one of the biggest pet peeves for attorneys. Think of a driver relying on a vehicle navigation system in an unfamiliar area. You’re like the driver, while your attorney is the navigation system. You’re ultimately in control of the vehicle, but it’s the navigation system that decides the best way to get there. You decided to bring a lawsuit and recover for your injuries, but it’s time to let your attorney decide what court documents to file, what evidence to gather, and how to deal with the other side. That’s what you hired them for, after all.

Why Do Lawyers Turn Down Cases? Hint: It’s Not Personal!

 A great deal of lawyers will offer potential clients a free case evaluation or free consultation to get a better picture of the legal issue at hand. An initial consultation, it should be noted, doesn’t qualify an attorney-client relationship. In fact, there are instances where a lawyer will offer his or her time free of charge for a case evaluation and then decide not to take on the case after all. This line of decision-making has nothing to do with “liking” the potential client, even if the client feels they’re being “turned away”; that’s simply not the case (every attorney wants to be able to help as many clients as possible seek justice).

The potential client should understand that their attorney (or potential attorney in the case of a consultation) is not their friend. An attorney is there to provide expert advice and protect the rights of someone who has come to harm at the fault of another. If the lawyer decides not to take on a case, they’ll have credible reasons why they came to that decision. After all, letting a potential client walk out the door means, quite frankly, the attorney stands to lose quite a lot of money. However, it should be made clear that an experienced attorney doesn’t see dollar signs when he or she evaluates a case–they see the victim of a crime and first and foremost, a human being. An experienced attorney will see the justice they can provide a client and their first instinct will always be to fight for those who have come to harm or who have become the victim of someone else’s bad judgement.

Client comes first, compensation comes later

The lawyer who turns down a case because they don’t feel it’s the right fit (or it’s not a case they feel can hold up in court), wouldn’t feel they’ve wasted their time after an evaluation that doesn’t bring in a client–and it would be wrong to consider that they have–because they offered legal advice to someone who may have come to harm or made a potentially bad decision without their expert opinion on the matter. An experienced lawyer is in the business of practicing law for the people, not the profit. While having an established law firm with many successful cases won and millions in compensation awarded is what every lawyer strives for over the course of their career, cash should never come before client.

An attorney who sees profits before people suffering from serious and life-threatening injuries should not be practicing Personal Injury law. Personal Injury law requires a high level of moral ethics and humanity instilled in the attorney. They must remain unbiased and level headed while holding onto their ability empathize with clients over the course of years. Clients who find themselves in the office of an attorney who treats them as a number or who is only interested in getting them out the door with compensation (even though it may not be the maximum amount) should quickly pursue another firm where they are valued.

Credibility, credibility, credibility

There are dozens of reasons why an attorney with a lot of experience will turn down a case, and most of those reasons have nothing to do with dollar signs. After years of practicing law, attorneys become familiar with exactly what will and won’t win a case. That includes client credibility. Let’s break down exactly what “client credibility” is and how it can affect the outcome of a case for the good and the bad.

• Lying to your attorney WILL break your case! Don’t kill your case by telling your attorney a story you think he or she wants to hear. Tell the whole truth and nothing but the truth. Whether or not you have a case after the initial consultation should come second to the fact you told the truth and maintained your composure, rather than create an embellished account of what occurred during and after the accident in the heat of the moment. It’s natural to feel angry, upset, depressed, and emotional after being wrongfully injured by another. However, it’s important to retain a level head and trust that the attorney knows what he or she is doing when it comes to resolving your case as quickly as the legal system allows.

• Credibility! When you lie or change your story about what happened during the accident, this puts you and your attorney in a very difficult position. Attorneys must negotiate expertly on behalf of the client when it comes to recovering damages for them. If the story changes, this makes the attorney look like they lack experience even though this is certainly not the case. Plus, lying in court is 100% illegal. Once a client is under oath they are required to tell the entire truth to the judge and jury. Even the plaintiff themselves can face legal consequences if they choose to lie on the stand.

• Live like someone is always watching! Social media, the occasional private investigator, the defense hired doctor, even your own attorney are all looking at what you’re doing throughout the course of the case. If you’re using Facebook and Instagram to post videos of yourself dancing, drinking, and partying but claim you’re unable to work due to injuries sustained in an accident, this doesn’t look credible to those involved in the case! In fact, it can destroy the entire case and leave the client with no compensation at all.

Why a Personal Injury Lawyer Might Refuse to Take Your Case

It’s Too Late to Sue

All personal injury cases are subject to lawsuit-filing deadlines set by the statute of limitations. Subject to a few exceptions, if you try to sue after the statutory deadline has passed, your case will get thrown out, and the attorney might face sanctions from the court.

The Lawyer Is Looking for a Particular Type of Case

Personal injury is just one area of practice in the legal profession, and there are subsets, including:

• medical malpractice
• product liability
• industrial accidents, and
• toxic torts.

If your case is outside the attorney’s area of expertise, they may pass on representing you. And even if your case falls under the lawyer’s expertise, the lawyer might represent only plaintiffs with a specific type of injury. For example, in a toxic tort case, there could be a long list of potential injuries that could result from exposure to a particular chemical, but the attorney might only take on cases where the plaintiff has suffered a specific type of cancer.

Your Case Will Be Hard to Win

Even if you have significant injuries and liability seems clear, a number of factors could derail your case, including:

• your shared fault for the underlying accident
• your delay in getting medical treatment for your injuries, and
• your (perceived) credibility.

How should I prepare for my first meeting or telephone conversation with a lawyer?

The attorney will ask you questions designed to get the relevant information quickly and to determine if your situation is something the attorney is capable of and interested in handling. The attorney must also first check for conflicts of interest (where the attorney formerly or currently represents interests or individuals potentially involved in your case and therefore might appear biased or unable to fully represent your interests). In addition to the employer’s name, you will also be asked for the names of people involved in your case.

The attorney will want to know what acts you believe harmed you and what reasons were given by the employer to justify the employer’s decisions. The attorney will ask questions to determine whether you can prove that the reasons given are not true. Finally, the attorney needs to know how you were damaged and what you expect to recover. Many clients have unrealistic expectations about their case because of things they read in the papers or were told by others. Each case is different. Proof of events, credibility of witnesses and many other circumstances and variables make each case unique. You and your attorney must focus on your specific case.

While you talk, in addition to getting information, the attorney will evaluate you as a witness and client, in areas such as memory, honesty, appearance, attitude, cooperation, communication skills and many other characteristics. Do not lie or mislead your attorney. Understandably, clients may try to make their case look better than it is by saying that the company always settles its claims or that witnesses will come forward. Attorneys are not impressed with these representations. Please be honest and direct. You and your attorney must have trust and confidence in each other to give you the best chance to resolve your claim.

Go to the initial meeting prepared to show your lawyer not only the injustice of your dismissal but how you think the law was violated. Take supporting documents such as evaluations, witness statements, evidence concerning treatment of others, and medical records. Explain what you think your employer is likely to say in its defense. Prepare a summary of your economic (financial) damages.

HOW TO CHOOSE AN IMMIGRATION LAWYER

Choosing an immigration lawyer can be daunting. Immigration is a complicated process: You need someone who is proactive, knowledgeable and sympathetic to your situation. The process requires time, diligence and tireless attention to detail. It is also a collaboration that involves constant cooperation and communication between you and your attorney. So before you hire an immigration attorney, learn what separates a good immigration lawyer for a great one – do your research before your first consultation.

Specializes exclusively in immigration law and has broad immigration law experience. Immigration law is very complex and is extraordinarily detail-intensive. A lawyer who claims to have immigration law experience will not necessarily have the same expertise as one who practices immigration law exclusively. Often, attorneys who practice immigration as well as other fields such as corporate or family law, do not have a great understanding of immigration law as a whole. More often than not, they have some understanding of simple petitions and may handle standard cases, but they tend not to have broad immigration law experience or expertise for more complicated cases.

Practices in a multi-lawyer firm. When you hire an attorney, you are not hiring just one person to handle your case, you are hiring a team of legal professionals. The advantage of hiring an attorney from a multi-lawyer practice is that your attorney will have an immediate pool of additional resources. No one can be an expert in everything – having a team of talented and experienced lawyers working closely together will inspire and allow your attorney to tackle a myriad of different issues.

Is well-known and well-respected in the community. Immigration law is a very specialized field and reputation is everything. Before hiring an immigration lawyer, do your research to find out if your lawyer is a respected member of the professional community. Check your lawyer’s credentials to ascertain whether he or she is authorized to practice law (i.e. has passed the Bar and remains in good standing), and research his or her track record. Your local state bar website will disclose if your attorney has any complaints or violations that have been filed against them. The American Immigration Lawyer Association (AILA), is another good resource. This is the official professional organization for immigration lawyers and can provide you with recommendations on immigration lawyers in your area. However, membership in AILA does not guarantee a lawyer’s experience or success record.

What to Expect from Your Attorney:

When you attend your first consultation, pay attention to your attorney’s demeanor with you and with the rest of the staff. Your attorney should be familiar with the law and able to answer your questions and concerns directly. The consultation should start soon after you complete any necessary paperwork. Ideally, the firm should feel inviting and professional. Company culture and relations among staff members are crucial factors in establishing a positive atmosphere. It has been proven time and again that the best law firms have professionals who can work together as a team. In our experience, a friendly work environment and true emphasis on teamwork add tremendous value for our clients.

HOW TO SELECT AN IMMIGRATION ATTORNEY

Immigration law is one of the most complex areas of law. Selecting the right immigration attorney can make the difference between obtaining a green card or being forced to leave the United States. Immigration Attorney Carl Shusterman, a former INS Attorney (1976-82) whose law firm has assisted thousands of persons across the US in obtaining temporary visas, permanent residence and US citizenship for over 30 years, explains what you should look for in choosing an immigration attorney to represent you

Before you visit the attorney’s website, google him to see what others have written about him or her, especially former clients and fellow immigration attorneys. Check other search engines and rating services. Has he written blogs posts regarding the specific problem that you have? Make sure that he does not have a disciplinary record with the State Bar.

Go to a Law Firm which is Professional and Knowledgeable

“Very professional law firm. We had a difficult issue and Mr. Shusterman’s office got right onto the case and resolved the issue with USCIS. Because of their efforts, me and my family were able to get our Legal Permanent Residency card. My suggestion to those trying to obtain employment based card. Don’t look for money saving attorney. They will cost you lot more in long run. Go to a law firm which is professional and knowledgeable. It pays in the long term.”

Choosing the Right Immigration Attorney for You

How much experience practicing immigration law does the attorney have? Is he a Certified Specialist in Immigration Law? Has he ever worked as an attorney for the Immigration Service?

Tips For Finding The Best Immigration Lawyer For You

One of the most important choices immigrants make is hiring the best immigration lawyer to represent them before the USCIS or in Immigration Court. The same is true for employers. We all share the urge to get the best deal we can get, but often saving money and obtaining the best representation are polar opposites

HIRE A CERTIFIED SPECIALIST

Immigrants frequently choose attorneys just because they speak their language or are from the same country as they are. Some immigration attorneys have built huge followings by blanketing ethnic newspapers with ads touting their successes. Other attorneys, including Yours Truly, are known largely through their websites

However, speaking a particular language, running big ads, or having a popular website is no guarantee of quality. Expertise and experience are far more important than “self-advertised or paid” prominence.

HOW IMPORTANT IS LOCATION?

Immigration law is federal. Therefore, an immigration lawyer in Texas or California can represent corporate and individual clients in all 50 states. For example, during the past few weeks, attorneys in our law firm flew to New York City, Reno, Dallas, and Philadelphia to represent clients. In a typical case, however, the petitions and applications are simply mailed to the USCIS, and no interview is required.

FIND INFORMATION ABOUT THE LAWYER ONLINE

There are a host of websites that you can use to learn more about the lawyer you are interested in hiring to represent you

ARE YOU SEEKING TO HIRE THE BEST IMMIGRATION LAWYERS? HERE RE A FEW GUIDELINES TO HELP YOUR SEARCH

What Should You Look For When You Are Seeking To Hire An Immigration Lawyer or Immigration Attorney To Handle Your Immigration Law Case?

There seem to be so many people out there that prepare immigration visas and work permits and visa applications. But how do you know that they are good? Since this is a very personal process don’t you want to be sure that you hire the very best immigration attorney? How do you know if you are hiring the very best immigration lawyer(s) to assist you, your family or your employer with a process that is so incredibly complex and personal?

There are many people that purport to do immigration work on the internet. Some advertise very cheap prices. Should you shop a process like this based upon price? When you have a particular ailment do you seek the cheapest doctor you can find or do you look for the very best doctor that you can find who is capable of providing you (and your family) with the very best information, the very best service and the very best ability to respond to your medical concerns? Picking an immigration lawyer a to assist you should be no different

Going back to the issue of specialty in the immigration law field, you will want to check out the various specialties that are handled by a particular immigration lawyer or law firm. Instead of picking the largest law firm that handles a volume of cases, it may be in your best interest to find an immigration and nationality law firm that focuses on specific immigration law area. Immigration law is a very complex area and it seems to be constantly changing as immigration law is a “political football” that tends to change constantly depending upon such things as the state of the economy, perceptions on Wall Street, the need for STEM workers in the U.S., the desire for the U.S. to open its doors to Foreign National – Alien – Entrepreneurs, and/or the desire or need for temporary skilled or unskilled foreign national labor. As the area of immigration and nationality law continues to change, law firms have continued to become specialized with regard to the types of immigration law practice that they undertake.

For example, some immigration law firms concentrate their practice(s) in the area of family-based immigration law. These law firms or practitioners sometimes handle waivers and provisional waivers of inadmissibility, CSPA, Humanitarian Reinstatements and some do not. Other immigration law firms and immigration practitioners concentrate their practices in the area of business immigration law. These firms focus on assisting the employer and their Human Resources staff to understand the nuances of temporary nonimmigrant transfers such as H-1B, L-1, O-1, P-3 visa petitions, etc. These immigration and nationality law firms also assist with permanent transfers of foreign national to the U.S. using pre-certified green card classifications such as the National Interest Waiver (NIW), the Outstanding Researcher, Multinational Executive or Nurses in the Schedule A, Group I classification. These immigration law firms or immigration law practitioners may assist with permanent transfers of foreign nationals to the U.S. using the PERM Labor Certification process

However, now that the business immigration law arena has become much more complex, some business immigration law firms have expanded their levels of service so that they can assist employers with H-1B Site Visits, U.S. Department of Labor (DOL) Labor Condition Application (LCA) investigations and I-9 Form Employment Eligibility Verification Audit investigations

Tips for Choosing an Immigration Lawyer

There’s a fair bit of paperwork to get done during the immigration process, and you may feel overwhelmed when you first sit down to prepare your immigration forms. You might begin to wonder if you need to hire an immigration lawyer to manage the process. However, if your case is fairly straightforward, you should be able to manage things on your own.

There are good reasons, though, to hire an immigration lawyer to handle your case. If you run into a snag partway through the process, you might need legal assistance to work through the issue. If your immigration situation is complicated, or if you simply don’t have the time or confidence to prepare the forms yourself, you might benefit from the help of an immigration lawyer.

Get references. Ask family, friends or colleagues if they know any immigration lawyers. Even if they haven’t been through immigration themselves, they may be able to connect you with someone they know who has retained the services of an immigration lawyer. People are quick to recommend a good lawyer and even quicker to name a poor one, which can be a great help when you’re beginning your search.

Search AILA. Search for a lawyer on the American Immigration Lawyers Association (AILA) website. AILA is a national association of lawyers and attorneys who teach and practice immigration law, so you can be reasonably certain you’re dealing with someone who understands immigration law and policies. If you’re starting your research from scratch, you can search for a lawyer in your area. If you’ve been given the names of a few lawyers, you can look them up to see if they are members. While membership in AILA is not a requirement to practice immigration law, membership can be a good indication of a lawyer’s level of commitment to the practice.

Interview your short list. Interview potential lawyers to find one who matches your needs. Ask them if they have any experience with your type of case. Immigration law is a huge specialty, so you’ll want a lawyer who is familiar with your type of case. If the lawyers provide client references, use the contacts to get a better understanding of the lawyers’ work styles

Ways To Keep Divorce Lawyers From Ruining Your Life Home

Actually legal advisors are individuals, and like individuals, there are some terrible ones out there and a couple of great ones. At the point when you employ a dreadful legal counselor (one who makes strife instead of settling it, one who exacerbates your separation, as opposed to better) everyone included endures. You endure, your mate endures and your youngsters endure. All things considered, not every person endures. The dreadful legal counselor doesn’t endure, so it’s critical to do everything conceivable to abstain from enlisting that attorney, since that is the main sure approach to keep separate from legal counselors from demolishing your life. Here’s the ticket:

Don’t hire the wrong lawyer.

The lawyer you hire makes a tremendous difference. Use

common sense in the selection process. Be observant, ask questions, and don’t hire someone

if you don’t feel good about your interaction with him or her. Here are some things to think

about in an initial meeting with a lawyer: 1) does the lawyer have a direct dial phone

number? You can assume that if you have to go through a secretary or paralegal to reach

your lawyer, you will have a harder time reaching him or her; 2) watch out for a messy office;

if the lawyer is disorganized you can assume your case will be disorganized. If you see other

clients’ documents sitting out in public view, you can know that your documents will soon be

sitting out in public the same way; 3) make sure the lawyer has a written client agreement that

ensures that you understand your fees, rights and obligations; 4) don’t hire the dabbler –

someone that does a traffic ticket case in the morning, a real estate closing in the afternoon

and squeezes your case in somewhere in the middle; divorce is complicated enough that you

should hire someone who does it all day long, every day; and, 5) don’t hire a lawyer taking

on more cases than s/he can handle; ask the lawyer what his or her average caseload is.

Handling more than 15 or 20 cases at one time causes most lawyers to become overwhelmed

and ineffective. Thinking about these issues when you meet with a lawyer for the first time

will help you make the right choice.

Don’t let a judge decide for you.

The minute you (or your spouse) go to court and ask a

judge to decide your divorce for you, you give up nearly all of the control you have over the

process. If you want to keep your money instead of giving it to a lawyer, and if you want to

maintain control over your life, DO NOT LITIGATE. Go to court only as a last resort, only if

all else fails. Try negotiation, try mediation, try collaborative divorce, try settlement

conferences but do not litigate. You may win at trial, but at what cost? Will you be able to

dance with your former spouse at your child’s wedding? Probably not. Litigation is

destructive, expensive and gut wrenching. Litigate only if you have no other option.

Litigation is, unfortunately, necessary in some cases. There will always be people that just

can not agree no matter how hard you try. Reserve litigation for the most desperate situations.

Don’t hire a good mediator without getting legitimate suggestions first.

Often, people think that hiring a vermittler is actually a substitute for selecting a lawyer around attempting to resolve their divorce process. The crucial mistake these people are making is this: mediators are not able to give legal guidance. what does an attorney is only in order to help people agree; typically the drawback is that they may help anyone consent to something that a person would certainly not have decided to if you got sought legal advice very first. Timing is everything in this article: using some sort of mediator can certainly be effective inside solving a divorce, you ought to never, actually hire a mediator without having first receiving legal assistance from a lawyer whose sole function is to represent your very best interests. In fact, just about any good vermittler will insist that you go together with get legal advice in advance of any kind of agreement is attained, anyways. If you pick to mediate your challenge, get the legal suggestions in advance of you begin mediation. That is more useful plus safer.

Have a tendency signal a blank check.

Putting your signature on an agreement with a good legal representative that calls intended for hourly records is similar to signing a blank look at. Be careful. Let’s experience information – hourly payments motivates what? Billing! Get a legal representative who may tell you what your current event will cost. Typically the only way to be certain of your respective attorney price is to get a good commitment on a predetermined payment. Short of some sort of fixed fee you will need frequent updates on the prices that you have sustained (if the idea were our own funds we would want day-to-day, real-time, improvements over the particular internet) and we wants the authority to acknowledge or reject any activity that might result in our own paying more income. legal advice family law doesn’t make sense to provide someone the economic incentive to make your lifestyle unhappy by dragging things out there. Doctors don’t expenses usually tend to – they fee you a fixed fee with regard to your office visit or if your surgery. Legal professionals want that you feel that they aren’t predict your fee. In case they won’t tell a person how much it prices then don’t buy this.

Do a money saving advantage investigation.

In separate, it is anything but difficult to become involved with the feeling and settle on the entirety of your choices from that vantage point. This can be a mix-up however; investing some energy breaking down your case from an intelligent, money saving advantage viewpoint can deliver profits. Watch out for the ball and remain concentrated on getting the separation completed so you can proceed onward with your life. It isn’t remarkable for separating from individuals to do things like burn through $500 to get a $100 microwave. Try not to do it. In the event that you can’t see a reasonable association between your activities and accomplishing a last goals of your case, at that point don’t make that move.

Do know your needs.

As often as possible individuals experiencing a separation find that their needs change all through the procedure. The things that they thought were most significant when they started the procedure are not really very similar things that are generally significant at the end. It is significant that you audit your needs normally, with your legal advisor or all alone, so you are constantly aware of things that issue to you most. Remaining over your very own needs enables you to keep your legal advisor educated and better utilize the separation procedure to acquire the outcomes that your consideration most energetically about.

Do stay adaptable.

One of the most widely recognized missteps individuals make when they start a separation is to conclude that they totally, emphatically should have A, B, and C, and nothing else will be adequate. Staying adaptable in the separation procedure enables you to basically and unbiasedly examine the entirety of the issues as they emerge. This is particularly valid for individuals who have checked on their needs all through the procedure (see # 7 above). Comprehending what you need, and being adaptable in your way to deal with getting it, can regularly mean the contrast among progress and dissatisfaction.

Be flexible

There probably have been some pre-conceived plans and ideas plotted in your mind before finally deciding to push through with divorce. At this point, it is important that you know how to become flexible, especially when things do not go your way. In divorce proceedings, several things may change which can affect your case. This is the reason why it is highly recommended that parties remain flexible so it will be easy for them to make the necessary adjustments.

Make up your mind

This is the most important thing you need to remember to keep a divorce lawyer from ruining your life. Once you file the petition for divorce, you must be 100% sure that it is what you want. Do not wait for the judge to ask you whether or not the decision to have a divorce is final. You don’t want to get caught acting on emotion and eventually make decisions you may regret.