Don’t Do These 3 Things When Looking for a Divorce Attorney

The stakes are high in a divorce, since it involves your children and your assets. For many people, it is their first experience with the legal system, and they aren’t sure where to start. Good representation is essential for navigating the system, and avoiding these three mistakes when looking for a divorce attorney will help you have the best outcome:

Hiring an Attorney Who Is Not Experienced in Divorce.

If you have an acquaintance or relative who is an attorney, you might think that he or she would be your best pick since you know and trust them. While that relationship is valuable, you need to also consider the attorney’s knowledge and experience. The practice of law can be very broad, and while one attorney may be a wiz at contracts and another at patents, you want to find someone who really knows the in’s and out’s of divorce. You want someone who knows the judges and mediators in your area and who is comfortable helping you understand and thrive in the system. One mistake some people make is assuming that all lawyers are about the same in handling a divorce, when in reality, an experienced attorney with years of practice in divorce specifically will give you an edge in your case.

Failing to Consider Whether Billing is Flat Rate or Hourly.

Money matters and should be one of your most important up-front considerations. Your attorney will typically charge you either a flat fee or an hourly billing rate. There are pros and cons to either option. With a flat fee, you have the certainty of knowing up front how much your case will cost. Typically, an attorney comes up with the flat fee price by taking about the average cost of various divorce cases, so by nature, some clients who choose the flat fee option will be overpaying and some who take the flat fee option will be underpaying. The incentive in a flat fee case for your attorney will be to resolve it quickly and simply, which may impact your attorney’s enthusiasm for litigation or for responding to communications. Alternatively, with an hourly billing rate your pay for the time your attorney works on the case, which typically includes any time reading or answering emails, drafting documents, communicating with staff about your case, or appearing on your behalf. The upside of this billing system is that your attorney is incentivized to go the extra mile because you are paying for each step. The downside is that the bills can add up quickly, and you may end up paying more than you had budgeted. You should discuss the billing method up front with your attorney, and you should share your thoughts and concerns openly with your attorney to decide the best billing method for your case.

Forgetting to Consider Your Attorney’s Negotiating Style

There is no single cookie-cutter style that will be effective for all situations. Some attorneys are very aggressive, intimidating, and loud-spoken, and these “bull-dog” style attorneys can be effective if you are looking for an attorney who will send a strong message to the other side. Other attorneys are more conciliatory, and can use their negotiating tactics to facilitate excellent settlements that the mroe aggressive attorneys may find challenging to broker. Another type of attorney may be less impressive in person, but may be extremely well-versed in the system or have excellent writing skills which make them very useful in a case where those skills are needed. You are in the best position to know yourself and your ex-spouse. Don’t just assume that the loudest attorney on the block is the best. Consider whether your case will be more adversarial or more cooperative, think about your personal preferences, and choose the attorney whose skills are the right fit for you.

In Summary

Have confidence that you can find the right attorney for you and your case. You just need to find someone with the right kind of experience, figure out the most economical and effective billing strategy, and connect with the attorney who has the best skill-set for your particular personality and circumstances, and you will be in a good place to make the divorce process as successful as possible.

Filed Under: Divorce Lawyer, General Legal Advice

Your Guide to Finding the Right Fairfield Lawyer

There comes a point in everyone’s lives where they require the assistance of a lawyer. You might need a lawyer to represent you in a divorce or criminal case, or to provide other services such as setting up a business or providing legal advice. Fairfield has a huge number of lawyers available, so choosing the right attorney for you can be challenging. A successful outcome depends greatly on the competence of your lawyer, so it is imperative that you find the right one for you. Important factors to consider are the length of time the attorney has been practicing, whether he or she has experience in the particular time of case where you need representation, and whether you feel comfortable with his or her style of practice.

Recommended practices to ensure you hire the best Fairfield lawyers:

Consider the length of time your attorney has been practicing.

Experience is one of the most important qualifications of a good attorney. A young attorney can be smart and motivated, but an attorney with years of practice will understand issues and know arguments that a younger attorney will likely miss.

Find and attorney who specializes in your type of case.

Finding an attorney with not just years of experience, but years of experience for your particular case is vital to your success. For example, if you have a criminal charge, such as a DUI, you will want to find attorney who has represented many criminal defense cases in the past. It is important that your attorney knows the judges and the prosecutor and feels comfortable in the courtroom. Your attorney’s familiarity can help you get a better outcome because your attorney will know what arguments will be most compelling on your behalf.

Schedule a consultation to see whether you feel comfortable.

Schedule a consultation with your prospective attorney to discuss your case. Many attorneys will provide a consultation for not fee or nominal amount. Come prepared with your evidence organized and consolidated and be prepared to summarize your case succinctly to your attorney. During the consultation, you can determine whether you feel comfortable with the attorney and his or her style of representation.

Verify that your attorney is a Member of the California Bar Association

Once you have decided on an attorney, you can check to confirm that your lawyer is an active member in good standing with the State Bar of California by clicking here.

If you follow this guide given above, there is no doubt you will end up with one of the best Fairfield lawyer for you and for you rcase.

Filed Under: Fairfield Lawyer

How To Take Charge of Your Divorce

Going through a divorce can be a stressful time, but there are several steps you can take to prepare to make your best case. Organization and preparation are the keys to reducing anxiety and having a successful outcome.

4 Steps you should follow to prepare yourself for a divorce hearing

Organize all of your assets

This is the first and a very important step that should not be overlooked. Make sure you make a list of all the family assets, including bank accounts, stocks, real estate and all other marital assets. The list should date back a few years so that you do not miss out on any crucial information. The judge may order a disclosure of assets, so having this information organized and ready will be vital. Sharing this information with your attorney early in the case will help your counsel more effectively represent you.

Organize your evidence

Before reaching a verdict the court will take everything into account. This encompasses all the evidence that proves why the case should swing your way. Evidence that will be considered admissible in court typically includes emails, messages and some verbal statements. Make sure you keep your cool and don’t start bad mouthing your spouse during a court hearing. Keep in mind that everything you say or do can be used against you in court.

Determine Your Plan for the Interim

The process typically includes the judge issuing a temporary order, which tells you what to do until the divorce is final. You should be prepared to tell the judge what temporary arrangements you think would be best and why. The issues you should consider would likely include temporary child support, temporary parenting plan, where each spouse will live, temporary spousal support, use of vehicles, costs of health care and hospitalization, whether a protective order is necessary. These issues aren’t simple, but are very important. For example, staying in the family home may feel awkward, but in some cases your presence may be comforting to your children and the discomfort of having you in the home may incentivize your spouse to settle quickly. Circumstances vary, so you should weigh the pros and cons of each of these factors carefully and consult with your attorney if you have one.

Hire a competent family attorney

Most people hire the first attorney that they come across which could prove to be fatal to your case. Although attorneys don’t come cheap, it is recommended that you do not try to cut costs when deciding on your attorney. The more competent and experienced your attorney is, the better the chance of your winning your divorce hearing. So, carefully select your attorney, keeping in perspective his or her previous experiences and client’s feedback.

If you follow the steps given above you will be better prepared to take charge of your divorce.

Sources

http://www.lawv.net/Resources/Self-Help-Library/Family/Divorce-Court-Hearings-And-Court-Procedure

http://www.divorcesource.com/ds/divorceprocess/divorce-process-facts-and-tips-4531.shtml

Filed Under: Divorce Lawyer

5 Signs You Picked The Wrong Attorney

Whether you are facing criminal charges or a party to a civil case, you need a good lawyer by your side to help you navigate the legal proceedings. If things are not going well at court, you may have hired the wrong lawyer. Here are five signs that indicate that you might need to find new legal representation.

1. Your Attorney Does Not Pick Up the Phone

An attorney who doesn’t answer your phone calls or emails is simply not paying attention. Frankly speaking, if getting hold of your attorney is getting increasingly difficult, this indicates that your case may not at the top of your attorney’s priority list, or that he/she may be avoiding you or possibly uncertain how to handle your case. Whether your case is large or small, you deserve to have an attorney who is responsive to you.

2. Your Attorney is Usually Late

“Justice delayed is justice denied.” This is a common slogan competent lawyers live by. If your lawyer is missing court deadlines, this will damage your case, and by the time your case is decided, it might be too late. The legal system takes time to reach a verdict as the judge has to consider each and every aspect of the case to ensure that everyone’s rights are upheld. If your lawyer misses deadlines or hearings, your case will be decided in a much longer time span. This will also increase your over-all litigation costs.

3. Your Attorney is Difficult to Work With

If your lawyer is difficult to work with due to a negative attitude, this is a major red flag, as your case depends on how well you communicate your situation to your attorney. If your attorney uses a condescending tone, you need to find new legal representation.

4. You Hear Negative Feedback from Previous Clients

Ask people if they have ever heard about your attorney, as this will give you an idea about his or her reputation. Also check you can check online resources such as the BBB.org to see whether your attorney has any negative reviews.

5. You’re Attorney’s Promises Seem Too Good To Be True

Your attorney should advise you of the pros and cons of your case, and the risks and benefits of decisions. If your attorney is telling you things that don’t seem to line up with what is actually happening in the case, then you should question what you are being told. A professional attorney will welcome the opportunity to explain considerations to you and to obtain your feedback on important strategy decisions for your case.

Filed Under: General, General Legal Advice

4 Little-Known Facts That Could Affect Your DUI Case

Driving under the influence is a strict liability offence, this means that the District Attorney does not need to prove that you acted with a culpable mental state. A culpable mental state is the intention you had while driving under the influence; it does not matter if you intended to commit the crime in question or not.

4 FACTS that Can Help Your DUI Case

There must be at least reasonable suspicion for the traffic stop.

An officer needs reasonable suspicion for the traffic stop. If the officer can’t provide testimony about objective facts that arise to the level of reasonable suspicion, then the evidence of the DUI after the stop can be excluded. Typically, a traffic infraction, such as speeding, is fairly easy for the officer to support, and the officer will be well-trained on how to provide such facts. However, it is important to know that if an officer mentions a factor such as race or a “gut-feeling” as to reasons for a stop, those are not objective facts that can support reasonable suspicion.

You can challenge the officer’s conclusions.

An officer’s testimony about your performance on the field sobriety tests can rebutted or discredited. For example, an officer’s testimony about performance on field sobriety tests can be undermined for a variety of reasons specific to your case: If ground wasn’t level, if the place that the tests were being administered as poorly lit or unsafe. You can ask the officer about each aspect of every test to question whether the test administered properly. You can suggest other reasons for adverse results, such as health conditions of the driver or other innocent reasons that could impair ability to balance, etc.

You can challenge the breathalyzer results

Another factor that people overlook in a DUI case is the breathalyzer test results. If a police officer has reasonable suspicion he or she can ask you to take a sobriety test. First, you have every right to refuse to take the test, but this will result in an immediate suspension of your license. You can question whether the machine was calibrated and maintained properly by requesting and examining those records. You can scrutinize the tester’s qualifications and whether the proper steps were taken in administering the tests. Don’t just assume that the breathalyzer results are impeachable without first looking at the records and the steps involved.

Involuntary consumption is not illegal

If by any chance your consumption was not voluntary then that could provide the basis for a defense. For example, if you were handed a drink that you thought was soda pop, but was actually vodka then you can use this as a defense! It is a rare case where an involuntary consumption situation will have occurred, but if that is your circumstance then that should certainly be considered. Keep in mind that your driving skills could be impaired due to other influences, such as prescription medicine, which can also be used as a defense.

If you find yourself in turmoil with a DUI case, keep the above facts in perspective and equip yourself with a competent DUI attorney.

Sources

http://duiwise.com/how-to-beat-a-dui/#field-sobriety-tests

http://dui.findlaw.com/dui-charges/elements-of-a-dui-offense.html

Filed Under: General

5 Signs You Picked The Wrong Attorney

Whether you are facing charges or pressing them, you need a good lawyer by your side to help you navigate the legal proceedings. If things are not going well at court, you may have hired the wrong lawyer. Here are five signs that indicate that you might need to find new legal representation.

1. They Do Not Pick Up The Phone

An attorney who doesn’t answer your phone calls or emails is simply not paying attention. Frankly speaking, if getting ahold of your attorney is getting increasingly difficult, this indicates that your case is not at the top of your attorney’s priority list, or that he/she is avoiding you as he/she is uncertain how to handle your case. They might also be avoiding you because they are busy with a more lucrative case. If your attorney is in court or preparing for trial, you may not get a call back right away. But your attorney should get back to you as soon as possible.

2. They Are Usually Late

“Justice delayed is justice denied.” This is a common slogan competent lawyer’s live by. If your lawyer is missing court deadlines, this will damage your case, and by the time your case is decided, it might be too late. The legal system takes time to reach a verdict as the judge has to consider each and every aspect of the case to ensure that everyone’s rights are upheld. If your lawyer misses deadlines or hearings, your case will be decided in a much longer time span. This will also increase your over all litigation costs.

3. They Are Difficult To Work With

If your lawyer is difficult to work with due to his attitude, this is a major red flag, as your case depends on how well you communicate your situation to your attorney. If your attorney uses a condescending tone, you need to find new legal representation.

4. You Can’t Get In Touch With Any of Their Previous Clients

If your attorney refuses or avoids providing you with a valid reference, this indicates that his previous clients are not content with his work. A competent attorney will proactively provide you with multiple references. Ask people if they have ever heard about your attorney, as this will give you an idea about his or her reputation. Also check your attorney’s website and if you can’t find any client reviews, you should start worrying. You should also Google them and try to see what people are saying about them online.

5. Their Promises Are Too Good To Be True

If your attorney keeps promising you that the success of your case is inevitable, beware. Professional lawyers always tell their clients how they are going to get the job done, but at the same time they will inform their clients that due to the complexity of the legal system, promising an outcome will be unethical.

Filed Under: General

How to Make Sure You Find the Right Divorce Attorney

No one signed their marriage certificate thinking that it would be ending in a messy divorce one day. While there is no way to plan for a divorce or prepare yourself or your children for the process of dissolving your marriage, here are three questions to ask yourself to make sure you find the right divorce attorney.

Does your attorney understand your needs?

No matter if the most important part of your settlement be a smooth division of your bank accounts or custody of your children and potential child support payments, your attorney should understand what is of the utmost importance to you. In addition to your divorce, you should be sure that your attorney can also handle any type of visitation and support and in more extreme cases, restraining order and changes in custody. Since children are involved in many divorce cases, your lawyer should also understand the need to delicately balance the conflict and establish boundaries to minimize the hardship for everyone involved.

Is your attorney experienced?

Since no two divorces are the same, it is important to make sure you choose a lawyer and a firm with extensive experience in several areas of family law in addition to divorce. The Law Offices of David Knecht has solid experience in all types of family law including child custody and visitation, child and spousal support, and restraining orders. Having an experienced lawyer also means that they will be able to advise you on the most cost-effective solution for your particular divorce and get things filed and completed quickly.

Can your attorney help you in other areas of your life?

A big life change like a divorce can lead you to consider other immediate or future legal needs. Once your divorce is settled and finalized, knowing that your attorney could possibly provide future legal counsel is a great benefit. Look into other services your lawyer can offer such as drawing up wills or living trusts. While it may seem daunting to take on a new task like estate planning, you may be so comfortable with your lawyer that you will be able to tackle it following your divorce or set up a date in the near future.

Though divorce may not be an easy or quick process, having the right attorney can definitely make it simpler, more cost-effective, and less strenuous for everyone involved.

Filed Under: Divorce Lawyer

4 Things You Should Never Do If You’re Accused of a DUI

If you are facing your first DUI charge, it can be a daunting and stressful time. You may be wondering what will happen next, what you should do next, and how you can get through the entire process quickly and return to normal life. During the process however, here are four things you should never do if you are accused of a DUI:

Confess to avoid a trial

Being arrested and charged with a DUI may feel like the end of the line, but it’s not. Many police officers may try and get you to confess to being under the influence of alcohol and provide details of your intoxication to expedite the processing of any criminal charges against you. However, remember that you have the right to remain silent, and providing a confession won’t do you any favors in the short or long term.

Forget that you are innocent until proven guilty

Once you are charged with a DUI, you may forget that being charged isn’t the same thing as being convicted. The prosecution will have to prove that you are guilty, and provide extensive evidence to that fact. Just because you have been charged doesn’t make you a criminal and doesn’t mean that you will be punished to the fullest extent of the law.

Ignore what comes next

Things will move very quickly once you are charged with a DUI. Not thinking one step ahead of the prosecution will put you at a terrible disadvantage right from the start. While the list of things you have to do seem to be piling up, be sure that the first thing you do is hire an experienced and trusted lawyer experienced in criminal law and DUIs. Once you have a lawyer on board, they will be able to walk you through your options, the evidence, and any possible contingencies.

Forget to Ask Your Lawyer the Right Questions

Since there are probably a million questions running through your head, don’t forget to ask the right questions. While your attorney will go over all the important details of your case with you, don’t forget to ask them these questions as well:

Will I go to court?
How much will this case cost?
The police didn’t require me to take a blood/urine test, is this important?
Will I lose my job?
How can I avoid a conviction

The legal system can be a tricky maze for those who are being accused of their first DUI. Finding the best DUI lawyer and following their counsel will always be your best line of defense and offense in helping you navigate through the legal proceedings to come and help your life return to normal.

Filed Under: Criminal Law, DUI

What Makes a Great Vacaville Attorney?

Sure, every attorney goes to law school and passes the bar, but what separates an average attorney from a great attorney, and how can you be sure if you have a great attorney? Here are four ways to know you have picked the right attorney in Vacaville.

Speaking and Listening Skills

A great lawyer needs to be able to communicate effectively with a wide variety of people including: judges, police officers, bankers, accountants, other attorneys, and a host of others.

However, the most important people person for your attorney to communicate effectively with is you. A sign that you have a great attorney is feeling comfortable enough to share everything necessary to your case with them. In addition to sharing on your side, a great attorney will always have complete openness with you and let you know about best case and worst case scenarios for your situation as well as current and evolving strategies.

Good Negotiation Skills

A great lawyer will be a master of negotiation. In addition to arguing your case before a judge either in or out of court, your lawyer will also be negotiating on your behalf. This negotiation can be just as important to your case as evidence for or against you. While the evidence presented may or may not be in your favor, a great attorney can negotiate a jail sentence to probation, or probation to community service in a criminal case, a favorable resolution in your trust litigation case, or a fair division of assets in a divorce case.

Investigation and Research Skill

An attorney may not be a full-time investigator, but he or she will most definitely do their own research and investigation into your case and similar cases to decide on the best strategy to get the best possible outcome. This could include looking into inconsistencies with drug test results for DUI or drug related cases, or discovering secret accounts that your spouse had been hiding during your divorce. Great investigation skills make for great results throughout your case and could mean the difference between jail time and a dismissal or thousands of dollars in spousal or child support.

Results

A great way to be sure you have a great attorney is to do your own research into their firm and see if they have had success in cases similar to your own. This will also help you realize you are hiring a great attorney by showing you how they have helped clients get charges dropped, cases dismissed, restraining orders granted, and custody awarded, for example. While each case is different, and your results will depend on the facts of your individual case, your attorney should be prepared to fight for the best possible results.

While no two cases are identical, knowing your lawyer’s previous success rates, being able to comfortably communicate with them and knowing their background and legal skills will give you great peace of mind throughout the duration of your case.

Filed Under: General

Dealing With a Criminal Lawsuit? How to Pick The Right Lawyer

Being charged with a criminal lawsuit is a stressful and overwhelming time for you and everyone involved in the case. With so many issues weighing down on you, finding the right attorney may not be your first thought, but it should be. Having the right lawyer can mean a world of difference for your case and could certainly mean the difference between jail time and acquittal or probation and dismissal. Here are three tips to help you chose the right lawyer for your criminal lawsuit.

Pick a lawyer with success in Similar Cases

You may be charged with DUI, possession with intent to sell, domestic violence, or identity theft. Whatever the case may be and whether a misdemeanor or felony, you need to be sure that you pick a lawyer that has handled similar cases and who has yielded successful results. While it may seem like all the evidence is piling up against you, the right lawyer will have experience with even the most seemingly hopeless cases and will be able to provide successful results for you as they have with their previous clients.

Pick a lawyer who understands both sides of the law

Knowing how a lawyer thinks is one thing, but knowing how the criminal prosecutor in your case will think is another. Knowing the ins and outs of the law from the other side means that your lawyer understands the charges, current precedents in terms of jail time or probation, and how your legal history or prior run-ins with the law will affect the results. The right lawyer will understand the prosecution’s strategy and the legal process that brought you to where you are now to best help you throughout your hearing and possible trial.

Pick a lawyer that will fight for you

Your lawyer should be your biggest fan and biggest support throughout the entire lawsuit from start to finish. Being charged with crime is a serious situation and will require both you and your lawyer to energetically fight for your case from the moment you enter their office. Every case is different, and the results of every case are contingent upon numerous factors such as prior convictions, arrests, precedents and even the prosecutor and judge.

Filed Under: Criminal Law