Archives for July 2017

3 Ways You Know You Need to Find a New Lawyer

Did you hire an attorney to represent you, and now you are having second thoughts?  Are you wondering how to know if you hired the wrong person?  Here are things to look for when deciding whether you should break ties and find someone new to represent you.  Before you switch attorneys, however, you should always inquire into the retainer and billing and how that change may impact the cost of your case.

1. You Are Not A Priority to This Attorney.  We all know that attorneys have a roster of clients, but every case should be handled with diligence and care.  Take a look at how serious the problem is.  If your attorney is missing hearings or deadlines, then you probably need someone new.  If he or she is consistently late to court, then that is something also to look at.  If your calls or emails are not being returned, then your attorney is not fulfilling their responsibility to communicate with you.  If your attorney talks down to you or pressures you to make a decision you aren’t comfortable with, then those are also signs that you and your attorney may not be a good team.  

2. Your Attorney Doesn’t Know What He or She Is Doing. Even if you were referred to your attorney by a friend or if they are an acquaintance, the relationship is a business one. You have to look out for yourself and make sure that you are being represented by someone who is competent to represent you in this type of case.  Signs to look for:

  • Does your attorney seem to know the system?

Can he or she give you an overview of each step or hearing in your case and what will take place?

  • Does your attorney appear confident?  

Trust your instincts about the level of confidence your attorney displays.   Confidence doesn’t equal competence, but it is one indicator of whether this is your attorney’s first case of this type or 10000th.

  • Does your attorney answer questions?

If your attorney is knowledgeable, he or she will not shy away from questions, but rather, encourage you to ask about anything you don’t know or understand.

Does your attorney know the people?  

Does your attorney seem familiar with other attorneys, court staff, counselors, etc. Professional affiliations are another clue to experience.

3. You can’t Afford Your Attorney. This is a tricky one because the value you get from an attorney is difficult to quantify.  Any attorney is going to be a strain on your budget because divorce, adoption, criminal defense, and so forth are expenses that are unusual and will seem high.  So, the financial discomfort of any attorney is a given and you want someone who is good, which doesn’t come free.  However, some attorneys are better salesmen than lawyers.  Some bill for things that may not be necessary.  Here are some things to look for when deciding if the cost is prohibitive:

  • Are you comfortable with the billing approach?  Would you prefer a flat fee for your case?  Do you prefer hourly?
  • Do you understand the fees and do you understand how to maximize your value? For example, if your attorney bills you a flat fee for every email they read from you, then you may want to consolidate all questions into a short email.  As another example, is your attorney “chatty” such that a phone call will cost you a lot more than email exchanges or is your attorney a bit of a slow writer, such that a call will resolve issues faster than email.  
  • At the end of the day, do you feel like you are getting the full value out of your representation?

Your decision on legal representation should not be taken lightly, as the outcome of your case will impact your life for years to come.  There is no easy answer to whether you should make a change, but the factors to be considered certainly include whether your counsel is giving you the attention you deserve, whether they are competent to represent you in this type of case, and whether you will be able to pay the bill when it’s all said and done.

Filed Under: General, General Legal Advice, Vacaville Attorney, Vacaville Lawyer

5 Things Most People Don’t Know About Finding the Perfect Family Lawyer

The perfect family lawyer is the person who best fits with you, your goals, and your case, and it’s worth taking the time to find the best fit.  This article will discuss the steps to narrowing the field to the best family lawyer for you.

1. Look at What and Where.  Family law is a general term for a practice that typically includes divorce, custody, child support, visitation, alimony/spousal support, adoption, pre-nuptial agreements, and more. If you want to find the perfect family lawyer, you first need to identify what type of case you have.  One of the first questions you will want to ask your potential attorney is whether they practice where the case will be filed. Typically your case will be litigated where either you or your spouse live, but there are exceptions, so ask up front whether you are looking for an attorney in the right place.  

2. Research Whether Your Potential Choice Specializes in Family Law.  You need to do the work to find the best family lawyer, and you have many tools at your fingertips.

  • Check the Attorney’s Website.  Click the links on the attorney’s website.  Does the attorney list family law as one of his or her specialties?
  • Ask Your Attorney Questions about Their Experience in Family Law.   Ask as many questions as you can think of, such as how long they have been practicing family law, what types of outcomes they have had in cases similar to yours, what style they practice (whether adversarial or more conciliatory), and what your expectations should be.

3. Do a Reputation Check.   Ask friends and family for a recommendation, since word of mouth can be one of the best ways to hear whether an attorney is good or bad.  Check the Better Business Bureau website to make sure that your potential choice doesn’t have any complaints.  Look at the online reviews to see whether others had a good experience.

4. Talk About the Money.  Some clients feel reluctant to talk about the billing, but this should be done right up front.  Many attorneys require a retainer, which is a fee paid at the beginning of your case, but that amount isn’t the only number you need to know to make an informed decision.  Ask which attorney will work on your case and why.  With some firms, the same person will be working on your case exclusively and for the duration.  With other firms, you may communicate with a partner, but an associate (less experienced attorney) will be doing much of the work.  Find out in advance who will be doing what, and make sure you are comfortable with it.  Make sure that you will get back any portion of the retainer that isn’t used. When your bills come, look at them carefully, and don’t be afraid to question a charge that seems unreasonable.

5. Consult with More than One Attorney.  Some people feel obligated to an attorney after an initial consultation, but it’s a mistake not to shop around to your top few choices.  Trust your impressions. Go to your initial consultation prepared.  Ask questions.  Take notes.  Give yourself time to make the decision and don’t feel rushed, and you will gravitate to the person who is the best fit for you and your needs.

Don’t let your search for an attorney overwhelm you.  Finding the best family lawyer is not so different from finding the right home, or a great car or your favorite technology.  By following the guidelines above you can identify what you need, do the necessary research, and finally make a well-founded decision on whether that person is the right fit for you.

Filed Under: Family Law, Vacaville Attorney

What Makes the Law Offices of David Knecht Different From Other Vacaville Lawyers

If you are looking for a firm that understands the legal system in Vacaville and the surrounding areas, who is committed to our clients’ success, who has the experience and knowledge to represent you effectively and vigorously, then look no further than the Law Offices of David Knecht.   We have a focused practice to serve you in family law, criminal defense or estate planning, and we have a track record of successful outcomes for our clients.  Please learn more about the services we can offer you:

  1. Vacaville Is Home.  Our office is located in the heart of Vacaville at 500 Main. We serve clients in Vacaville, Fairfield, Dixon, Suisun City, Winters and the Solano County Superior Courts. We are familiar with the law enforcement agencies, judges, and legal community in this area.  We understand the system and will help you navigate it wisely.
  2. We Are Committed to the Long-Term Satisfaction of Our Clients.  Since this is our home, we are not just looking for a quick buck, but we are committed to the long-term satisfaction of our clients and to building the community with excellent legal representation of each individual one. Mr. Knecht was born and raised in California, and he has been serving and protecting Californian’s for over 30 years.   He worked as a police officer and detective in Fullerton, Santa Rosa and Vacaville for over 13 years.  He has continued the tradition of service in his legal practice, focusing on family, wills and trusts, probate and trust administration for over a decade.
  3. Experience, experience, and more experience.   Mr. Knecht has extensive legal experience to represent you with confidence in all the roles that an attorney plays as an advisor, advocate, negotiator, and litigator.  Having been a police officer, a law clerk for judges, and for many years a partner in his own firm, he has represented thousands of clients in estate planning, family law, trust and will litigation, criminal defense, restraining orders and other matters.  He has been the recipient of many awards, achievements and memberships, including the Distinguished Service Award from the City of Santa Rosa for leadership and sustained excellence and admission into the Member of Barristers for the Solano County Criminal Defense Bar Association.
  4. Focused Practice.  At the Law Offices of David Knecht, we don’t try to be jack of all trades, but master of none.  We have focused our practice and honed our experience to understand and serve clients in the specific areas of family law, wills and trusts, probate and trust administration.  
  5. Our Results Speak for Themselves.  Mr. Knecht has had a long history of obtaining successful outcomes for his clients.  Just a few of the past achievements include a family law trial where Mr. Knecht’s client was awarded retroactive child support and over $50,000 in attorney’s fees, a DUI where the charge was reduced to a Wet Reckless with no license suspension, and a Felony Assault Case where the crimes were reduced to a misdemeanor.  While the facts of each case are unique and no one can guarantee the results, the track record of the Law Offices of David Knecht show a consistent pattern of passion, hard work, expertise and diligence in providing legal representation.

 

 

 

Filed Under: General, Vacaville Attorney, Vacaville Lawyer

3 Ways to Be the Perfect Criminal Defendant

“Help me, help you.”  It’s the famous line from Jerry Maguire, and it applies to anyone facing criminal charges and their attorney.  How can you help your attorney help you?  

1. Communicate.  Good communication is key to helping your attorney help you.  It comes into play throughout your case.

  • Phone/Email/In Person.  Find out how your attorney prefers to consult with you, whether it’s email, phone or in person.  Be available.  Respond to messages promptly.  Don’t underestimate the importance of following up.
  • Be Clear.  Try to organize yourself so that your story is consistent and organized.  This will help your attorney present your case and will help you be believable in the very unlikely event you end up on the witness stand.  When you communicate with your attorney about the facts, try to have the dates handy.  Remember details.  Think through step by step what happened.  
  • Be Assertive.  It’s important to communicate with your counsel about your desired outcome.  For example, if you want to fight the case, then let your attorney know.  If you would prefer to enter a plea, then help him not only understand you preference, but also the details, such as if you want to do your jail time on a specific weekend, or if you need payments for your fines, or if you prefer a certain type of counseling, etc.  Your attorney may be able to ask the judge for special accommodations, but only if he or she knows what to ask for.  

2. Be Levelheaded.  Your behavior on and off the “court” can make or break your case, so be aware of how you are presenting yourself.

  • Be Collected.  Nothing can fire you up more than an unjust cause, so it makes perfect sense that you may get angry or frustrated when speaking about what happened.  Anger or frustration directed to your attorney is misdirected will only get in the way of their vigorous representation to help you.  Be assertive in telling your attorney what you want or need, but do not be aggressive with the person who is on your side.  
  • Assume the Judge or Court Staff Are Watching Anytime You Are in the Vicinity of Court.  Another aspect of being level headed is behaving as if you are always being observed when you are on the premises of the Court.  The worst thing you can do for your case is to blow up with one of the Judge’s staff, as this will often be reported back to the Judge.  Judges are human and may hold your behavior against you.  Additionally, make sure that you are in compliance with all restrictions when going to Court.  For example, if your license has been revoked, do not drive to the courthouse.  If you are prohibited from contacting a certain person, do not go with them in the same vehicle to the Court.  

 

  • Be Honest with Your Attorney.  Your attorney may or may not want to know if you believe you are guilty of the offense, but your counsel needs to know any information that is likely to be in any records, in witness testimony, etc.  

 

  • Don’t Hang Your Attorney Out to Dry.  Surprises are not welcomed by most criminal defense attorneys.  If you know about a witness, or a test result, or a piece of evidence such as a text, let your attorney know.  Some defendants are embarrassed to tell their attorney that they did something that wasn’t the smartest, such as an admission to an officer or a confession to a friend.  Your attorney is a professional and only has your best interest in mind.

 

With great communication, staying level-headed, and being honest with your attorney about adverse facts, you can help your attorney help you as much as possible.

 

Filed Under: Criminal Law, Fairfield Lawyer, Vacaville Attorney, Vacaville Lawyer