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Tag Archives: Lawyers and Law Firms
Where the Law Comes From
Many people don’t pay attention to where law comes from. It really comes from two sources, the government and the court system. How the court system interprets events and law that has been passed establishes precedent as to how it will be viewed. If the public doesn’t like how the court has ruled, we then try and get the law changed. Senate Bill 6087 is a bill that has been supported by ag groups to get the RCW on water law changed. When the Washington Supreme Court issued their opinion on the Joe Lemire case in 2013 it was a surprise to many that the Court confirmed the Department of Ecology’s power to issue orders without a hearing. DOE can determine that a land owner has the “substantial potential to pollute” and can issue an order requiring that the property owner meet mandates, one of which is fencing and not using property that the landowner has paid for. Any landowner should be concerned with the DOE’s unchecked power. SB 6087 and 2 companion bills in the House help to protect private property rights and agriculture. It is important for citizens of the United States of America to remember that in the voting process we determine who fills the Senate, the House, and our Court system. You have a voice, use it to influence changes that need to be made to keep private property safe. Call your politicians and remind them that you are a voter and they need to support these bills.
Specialized Case
Most attorneys have some area of expertise. If you have a specialized case, like a medical malpractice or patent law, make sure you find an attorney that specializes or has some level of expertise in that area. General practitioners will be able to handle many of the types of cases out there, but some cases are so specialized that it is important to find someone for that area alone. Many people don’t know that patent law cannot be practiced with just passing the bar exam.
A Brief Video that discusses the challenges of Modern Day Farmers
Make Sure your Attorney is the Right Fit
Shop around to make sure the attorney is the right fit for you. There are lots of attorneys out there, and you will hear good and bad about everyone. Making sure that you are happy with the person you pick is more important than anything else. Part of being happy is understanding how that attorney communicates with clients and the fee schedule. Ask about both during the initial consultation so that you understand exactly what you are getting. Also be aware that attorneys in our area have historically lower per hour rates than those in Seattle and Spokane. Many times a small town attorney gets you more bang for your buck.
Communication
Communication is key. As my clients know, I answer my own phone. Most attorneys have a screening process, that frankly would make it easier to get things done. However, I feel that direct communication with my clients leads to happier clients and better results. In my process there is no middle person to communicate to me what the client communicated to them.
Trials
In a lawsuit, the end game is always trial. At the beginning, most clients think they will win at trial and want to get there asap. As any risk adverse attorney will tell you, there are other options. Alternative dispute resolution, such as mediation or arbitration, have hit all time highs with our crowded court system and costly attorney’s fees. I remind clients that mediation, with the right mediator, is really a free peak at what trial will bring. No, it really isn’t free, but it is less costly than a trial and you get to see what the other side is bringing to the table without being locked in to a result. With any dispute resolution, you should try and resolve the case. Mediation can be a great venue to resolve a matter.
Get Prepared for Your First Consultation
Follow these steps to get ready for your first consultation with your lawyer.
The more prepared you are, the less time it will take for the lawyer to understand and help you resolve your legal issue. This could result in savings to you.
- Bring all documents. Make copies of all the documents you have collected regarding your case. Give these copies to the lawyer.
- Get organized and take notes! Write down notes outlining your legal problem, or any questions you may have. The lawyer you are referred to must have your details in order to decide what is important and how to move forward in your best interests.
- Be honest. It is very important that you give an honest account of your legal problem. This includes issues that may be sensitive to you or your family. Remember that the conversation you have with your lawyer is private, and cannot be discussed with others without your permission.
- Talk about how much this will cost you. Your lawyer will be ready to discuss fees during your first meeting. You should be ready to do the same. It is perfectly okay to discuss payment plans with your lawyer. Get your agreement in writing and keep a copy for your file.
- Ask your lawyer questions. In order for your lawyer to serve you better, you must understand your case and the legal process. But remember, you are paying for your lawyer’s time. It is more cost-effective to ask several questions at once. If you call your lawyer every single time you have a question, you may be charged for each call.
- Read all documents carefully before signing. Before you sign a document, ask your lawyer to fully explain to you what exactly it is that you are signing. If you do not understand what the document is about that you are being asked to sign, ask your lawyer to explain it to you again.
- Keep your own files. Don’t hesitate to ask for copies of all letters and documents prepared on your case. You should also keep the written fee agreement between you and your lawyer for your records.
- Listen to your lawyer. Listen to your lawyer and think about what your lawyer asks you to do. The lawyer’s judgments are based on legal training and experience. Remember that lawyers cannot work magic. No lawyer wins every case, and sometimes the best legal advice may not be what you want to hear. Your lawyer will provide advice that has your best interests in mind.
Reference
Contra Costa County Bar Association. (2013) Get Prepared for Your 30-Minute Consultation. Retrieved from http://www.cccba.org/community/find-a-lawyer/get-prepared.php
Have a Question and Answer session
Make sure you are comfortable with your attorney and that they can explain the legal lingo to you if you do not understand it. Any attorney who cannot or will not take the time to answer your questions clearly and accurately is not to be trusted.
Honesty
Your counsel can only prepare for any circumstance if he/she knows all of the facts. Normally, surprises are going to harm your case not help it. Your attorney is there to assist you, so divulge all information pertaining to the situation. Your attorney may ask you questions that you do not think are relevant or that you might think are personal, but remember, they are there to ensure that you have the best outcome.
Toni Meacham Attorney At Law 