What are the Advantages of Hiring an Attorney?

images (3)If you are involved in any type of legal dispute whether it be a divorce, business, auto collision or any other type of dispute you should always hire an attorney. Do not think that you can handle any legal situation yourself. There is a saying used by many attorneys: “a lawyer who represents himself has a fool for a client.” A lawyer brings specific knowledge, objectivity, focus and a realization that their conduct and representation of a client is overseen by a professional board known as the Bar Association for their respective state. If an individual were to use a non-lawyer to represent them in a legal matter they will not receive the benefits of the training that an actual lawyer provides a client.

First Advantage: An Attorney Has Far Superior Knowledge Of The Law Than Non-Lawyer

An attorney can provide a client with information about what the law actually entails and what they are entitled to. If you hire an attorney they have access to legal cases that can be used on your behalf that a non-lawyer would be hard-pressed to find and is very unlikely to know how to use in a way that will help their case. In some cases a lawyer is able to move the jurisdiction of where the case can be heard and can put it in a place where the juries are generally more likely to side with an individual instead of a big company. A non-lawyer will likely not know how to get a case moved into a more favorable jurisdiction and likely would not even consider such an option.

 

Second Advantage: Attorneys Are The Equivalent of An Objective Third Party

When an individual becomes involved in a legal situation there is usually some emotion that will interfere with how one deals with the situation. Whether you are involved in a divorce where one party has strayed or has decided they want to take a new path in life a person’s thoughts and decisions at times will not be the best legal course of action. An attorney can provide calm counsel about what is the best plan for your situation. For example, sometimes, when a couple decides to divorce the partner who initiated the action expresses a need for their partner to leave the family home and sometimes an individual will agree. However, an attorney will be able to provide guidance on the best course of action which in many situations is staying in the family home until a legal agreement is reached and your interests in the home are protected.

It is unlikely that a non-lawyer such as your best friend who has watched some legal programs on television will be aware of the actual legal ramifications that can come if you allow your emotions to affect your decisions.

3rd Advantage: An Attorney’s Focus is On The Client and Options For the Client

One of the major differences between having an attorney represent you and a non-lawyer represent you is the focus of the client. If you are involved in vehicle accident or divorce proceeding is that your attorney is trained to consider all the available options that will work in your favor. This type of thinking has been developed and refined through both the academic training of the attorney and the real world application of this training. A non-lawyer will not be trained to think in this manner and as such their focus will be on finding one way to address a particular legal matter which is rarely the best way to proceed.

Fourth Advantage: A Lawyer Must Meet High Professional Standards

A non-lawyer does not have to answer to a professional board. Its very much a situation of caveat emptor, “let the buyer beware” of what they buy. In contrast, a lawyer must represent their client in a professional manner and focus solely on the needs of the client and not others. If an attorney is found to have not been a advocate on behalf of the client they can be fined or even disbarred. A non-lawyer will not be sanctioned or receive any punishment if one finds that they have not acted on a client’s behalf in a professional manner.

Whenever you have a legal dispute of any type, hire an attorney and let a professional represent your affairs. Do not even consider representing yourself because a lawyer is trained to use the law to protect their client while you will be attempting to learn a profession in the matter of weeks. It is an unequal fight which usually results in the side with the lawyer winning without even barely having to try.

Should I Hire a Lawyer: Divorce

Hiring the right attorney for a divorce case is an important decision. Whether the client will need an attorney on a limited bases or need the assistance from the beginning, having the best legal expertise available is often invaluable for many. There are many different reasons for hiring an attorney. Some of the most common involve controlling the ultimate cost of the divorce, the path that the divorce will take (good or bad) and the outcome of the divorce. So, it is important for people who are considering taking this step to know the importance of their role.

Expert Legal Advice

Lawyers who have a great deal of experience handling different kinds of divorce proceedings can provide their clients with the appropriate expert legal advice needed. Their advice and recommendations are not only great to have available, but also essential to obtaining the best outcome. The primary role of the attorney is to make sure the client’s rights are protected. For instance, in some states the laws may not support dividing all of the couple’s assets equally since it may depend on individual’s specific circumstances. For instance, one spouse may be entitled to receive retirement as well as other types of future income. While this knowledge may be common amongst the legal community, some spouses are not aware of the provisions that the law has made.

Therefore, with an attorney is involved, people may end up with more than they envisioned. In some situations, the cost of paying for an attorney will far outweigh the financial benefits that they receive.

Reduce Stress

Another reason for hiring an attorney to handle a divorce case is reducing the stress that is often associated with these situations. Even when a divorce ends in a friendly manner, the changes in life style can be stressful within itself. Hiring an attorney in advance can assist with reducing and eliminating the stress because their primary role is to handle the details, keep the clients informed, and assured them of a good outcome. When an attorney handles the details, the client can make sure other areas of their lives can remain as stable as possible. Specifically, when there are small children involved.

Avoiding Major Mistakes

Sometimes when people are in the midst of complicated divorce proceedings, they do not always think clearly. In fact, sometimes one party may want to rush through it so that they can simply get it over and move on with their lives. While this may be admirable in some situations, this stance can cost them greatly in the long run. Therefore, with an attorney involved, this type of client can be protected from making major mistakes for their future. Instead, the attorney can slow the person down and explain the benefits of doing it correctly without rushing through it. The attorney can also do a thorough job of assessing the finances of both so that their client receives the best compensation for the future.

Avoid Unnecessary Delays

Though rushing through divorce proceedings can be a huge mistake, there are times that when these proceedings may come to a complete stand still between both parties. Therefore, to prevent unnecessary delays, seasoned attorneys can assists with the negotiations and filling out the appropriate forms so that the divorce can be expedited in the right places.

Conclusion

There you have it, hire a divorce attorney if you can afford one. Oh, and if one of the spouses have any immigration matters or ties related to the marriage, make sure you cover your bases and also consult with an immigration attorney just in case.

Should I Hire a Lawyer: Child Custody

images (2)We’re going to be testing a new pilot program called, “Should I Hire a Lawyer:… .” The premise of this program is to write articles reading certain areas of the law and whether it would be worth it for an individual to hire an attorney for the issue of the week. For our first topic, we’ll be covering child custody.

The custody laws in Michigan aren’t easy. It is very necessary to hire a lawyer for a custody battle when both parents are arguing from different angles, by doing this the equation will be balanced and each of you will have a fighting chance. If your ex is threatening to take away your children without shared custody or any visitation rights, especially if they are planning to move to another state, hiring a lawyer will be great to help secure your parental rights. This is because you may not be in the best position to fight for custody on your own as you are not vested with the laws and legal processes involved and you do not have court room experience.

Apart from child custody arrangements, divorce lawyers can also help when it comes to proper division of the family assets. It is always difficult to sort out who gets the family pet, money and the items that were purchased since you both were married. It will be in the place of a professional to arrange for a compromise so that both parties will be favored.

Through a divorce lawyer, you can meet private investigators who are professionals and can easily assist in your case. For example if you suspect your ex is leading a lifestyle that is not conducive to raising children, indulging in illegal drugs, or is partying too much, etc, you must have proof before saying this in court. With the help of Global positioning System (GPS), a private investigator will help you to find out how and where your ex is spending his or her time.

Also, with the help of a private investigator and a nanny cam, you can find out how your ex is treating your children, whether they are being abusive or neglecting your children; from there you will know the next step to take. What is important is that everything you decide to do should be in the best interest of your children and not to prove a point to your ex. However, if your ex is the reasonable type and is willing to work out custody arrangements that will favor both of you, hiring a lawyer may not be necessary.

In as much as you are trying to hire a lawyer to win a custody battle, care must be taken in order to maintain your parental rights and integrity as a parent. Below are a few things you have to take into consideration;

• Avoid coaching your child to take your side, as most children are incapable of lying and you would not want to throw your chance away at full or shared custody. Coaching your child to take sides can easily affect him/her emotionally and confuse your child.

• Avoid making negative comments about your ex spouse in the presence of your child. Also refrain from sending threatening or unnecessary text messages, voice messages and emails to your ex as this might be shown to the judge and can be detrimental to your case.

Always remember that divorce lawyers are there to guide you through the entire custody hearing and process of divorce by making sure you end up getting everything you deserve from the breakup. It is important you hire a lawyer with integrity and a good track record in winning these type of cases. Make sure to speak with a child custody attorney before you decide on your legal path.

Should I Become a Lawyer?

images (1)With college costs going nowhere but up, you need to consider your career path more carefully now than ever before. If you are interested in law, there are things you should ask yourself before taking the plunge and deciding to become an attorney. The first and most important thing to ask yourself is, do you love the law? Can you picture yourself digging into legal documents until the wee hours of the morning looking for that one little piece of information that will make or break the case? Do you enjoy reading and studying? Writing and speaking? Do you have a family that demands a lot of your time and energy?

The question seems simple, but in reality, there are many facets to the question, “should I become a lawyer?” You need to know yourself pretty well and you need to have a clear idea of what your future will look like if you commit to becoming an attorney. I can tell you one thing, actually a buddy of mine that’s a divorce attorney in Michigan, it ain’t going to be easy.

Law School – Oh How Much I Dread Thee

There are several factors to consider about your law school education. The first thing, of course, is cost. The typical law student will have $70,000 to $100,000 in debt just for law school. That doesn’t count the undergraduate degree that you will have to get before law school.

In addition to money, time is a consideration. Are you prepared for three to four years of post-graduate work? You will be dedicating at least seven years to your college education to become an attorney.

Test Performance

Do you perform well on standardized tests? Did the SAT throw you for a loop or did you pass with flying colors? Are you able to do well on tests in stressful situations? The LSAT and bar exam are only two tests that a law student has to worry about. Many law classes are graded based on the final exam and only the final exam. This can mean disaster for someone who doesn’t do well on tests.

Do you Communicate Well?

You must communicate, both in written and spoken language, to be a good attorney. Some have said that being an attorney is like being the ultimate salesman. Persuasive argument is often key, but the written word is just as important for drafting agreements, resolutions and other legal documents.

Public Speaking – I’ve Never Gotten Fully Comfortable with it

If you plan to be an attorney in a courtroom, you must be comfortable with public speaking. If your knees knock and your voice shakes at the thought of standing up in front of a group of people, you may want to think again.

Only you can decide whether you should become a lawyer, but you need to weigh all the advantages and disadvantages. If you have a family, they need to know the number hours that you will likely spend studying followed by many years of working sixty hour weeks. Being an attorney is not a forty hour a week job. It is often much more than that, especially for junior attorneys starting out and trying to make a name for themselves.

Should I become a lawyer? The answer is yes if you can honestly say you love the law more than just about anything, you love writing and speaking in public, you’re willing to go into debt, and you are willing to work extremely hard to make it happen.

Michigan Gay Marriage Ban

imagesIf you have been living under a rock for the past couple of weeks, then you haven’t heard of a potentially landmark case in Michigan dealing with gay marriage.

A case went to trial in Michigan’s Eastern Federal District which focused on the right of a same sex couple to adopt a child. This issue led to a wider issue: whether same sex couples were constitutionally able to marry. According to Michigan’s Constitution, same sex marriage is unlawful. Judge Bernard Friedman ruled that this bad was illegal.

Nine days of testimony covered a number of societal questions and issues which revolve around this question of whether same sex couples may marry. An attorney representing the same sex couple, plaintiffs, stated that the right to marry was a fundamental right, of which we agree with.

Voters back in 2004 approved an amendment to Michigan’s constitution to prevent same sex couples from marrying. This vote passed with 54% approval; a pretty slim margin if you ask us. A local divorce attorney has high doubts that the amendment would pass through in today’s climate.

In 2012, April DeBoer and Jayne Rowse sued the state to change this rule when they tried and were blocked from adopting each other’s children. The couple have been together for more than a decade and have been raising their separately adopted children together. When they tried to formerly adopt each other’s children, they weren’t allowed to, which hence brought about the suit.

It was reported that Judge Freidman urged the couple to also tack on the ban to same sex marriage as well to their lawsuit, of which they did. Many states have found the ban on same sex marriage unconstitutional. The Supreme Court recently struck down the centerpiece of the Defense of Marriage Act, also known as DOMA, which prevented the federal government from recognizing same sex marriages.

Judge Freidman ended up ruling in the Plaintiffs’ favor, of which the state immediately appealed. There is now a stay on the case until the appeal is heard, of which is expected to be appealed again.