Better PA

 INVOLVED IN A LEGAL ACTION

Our money and how to spend the "least" amount of it is foremost in our minds today. When we become involved in a legal action we have no choice whether or not to participate, but you do have a choice about how to participate. There are actions you can take to make the best use of your limited funds even in legal actions.

1) DO NOT try to handle a legal situation yourself. It is not unusual to have a client call in a crisis only to find the situation could have been managed, but now has been made worse by the parties' actions. If you have a plumbing problem, do you buy a self help book and try to repair the plumbing yourself? Probably not and if you do, you are at risk of making the problem worse. It is the same way with legal issues.

2) FACT SENSITIVE It is important to understand, the basis of the law are laws and statutes, these are the basic guidelines. From our laws and statutes we get case law. "Your" case, where the facts are unique to you, how the law is applied, what needs to be done, is unique to your specific factual situation. What happened to your neighbor or friend at work may not be the same for you. YOUR situation is unique to you and it is very wrong to presume you should proceed in the same manner as your neighbor, when in fact your situation could be made worse by doing what your neighbor did.

3) LEGAL REPRESENTATION HOW?? In some counties they have legal aid clinics. These clinics operate on a financial sliding scale. They do not take all types of legal cases, but take certain types of actions. If you have a law school in your area, contact them, often they have legal clinics where students are closely supervised by experienced attorneys and if you qualify under their criteria, they will provide assistance. If you are not certain what is available in your area, every county has a local bar association. Call them to find out what types of legal assistance are available to you in your county. You can also call the Pennsylvania Bar Association and they will direct you to places where you may be able to find legal assistance.

4) YOUR ATTORNEY You have tried all possible resources, none will work for you. You need to obtain your own individual counsel. Reputation and word of mouth, can be two of your best guides to find an attorney. Ask friends and family which attorney they have used and what they thought about the attorney. Search online. Search for an attorney who has experience in the area of your problem. If you do not have access to a computer, you can use a computer at your local library.

5) QUESTIONS TO ASK A POTENTIAL ATTORNEY Once you have some names, telephone the attorney, talk with them. Sometimes, just a telephone call and the tone of voice can tell you whether you will be able to work with the attorney. You can ask to meet with the attorney. Some attorneys give a free consultation, some do not, that is the individual choice of the attorney. It is critical you are comfortable with, can trust and have confidence in the attorney. Attorneys were traditionally known as "Counselors at Law". Being a counselor should be one of the first characteristics you should look for in your attorney. A counselor at law should listen to you and be willing to learn about every aspect of your situation. If the counselor at law does not take the time to listen to you, in your first meeting, it is doubtful they will ever listen to you. Do they take time to gather information, so they correctly and completely understand your issue(s)? Do they listen to the outcome you want and honor your wishes? (You are paying them for their services.) Depending upon your legal situation, your attorney may learn many things about you, your life and your loved ones. Is this a person you trust? Trust your instincts.

5) AGGRESSIVE / WILL WIN FOR YOU Whether you are considering beginning a legal action or have just been drawn into a legal action. You should carefully consider how you want to proceed. What do you hope to "win"? Your attorney should tell you your realistic chances of winning the things you want. If this is a relationship with a relative, business partner, the other parent of your child, your child's school, any relationship which you will need to or will want to continue after this legal action has ended, you need to consider what effect "winning" could have on this relationship. Litigation is a matter of public record. Litigation takes time and money. Litigation puts the decision making ability into the judge's hands. Litigation creates great amounts of stress and requires a lot of emotional energy, before and after the litigation process. Is this the road you want to travel?

6) MONEY Attorneys often ask for a sum of money to begin your case. This is called a retainer. If all the money, your retainer, is not used by the attorney, then the attorney will return the money not used to you. Some attorneys require a non-refundable retainer. If the retainer is non-refundable, then if there is any money left after the resolution of your case, nothing will be returned to you. Most attorneys have an hourly billable rate. You should receive regular bills from the attorney which itemizes what actions the attorney did for you, the time which was taken by the attorney to perform these actions and any additional expenses which were incurred on your behalf by the attorney. If you do not understand the bill your attorney provides you, you have a right to ask the attorney to explain the elements of your bill.

7) AGREEMENT LETTER The attorney should provide you with an engagement letter, which can also be called an employment letter or an agreement letter. This letter should define the relationship between you and the attorney, what services the attorney will provide you, any activities which you will be required to do, how payment for these services will be accomplished.