Monday, March 17, 2008

Finding The Best Tax Lawyer

If you are looking for a tax lawyer you need to know how to find the best one possible. There are literally hundreds of sites alleging to have the best tax lawyer available and it may seem that they are all pretty much the same. However, as with all types of lawyers, there are good tax lawyers as well as bad ones and it is important to find the right one for you.

There are a number of questions that you need to ask any tax lawyer before you decide which company to hire. Obviously, experience is a key factor in narrowing down your list of potential candidates to a reasonably small number. If the tax lawyer you are considering has no recent experience with court cases then you should avoid using their services. This is because the tax laws are constantly changing and it is vital that your chosen tax lawyer is completely up to date with current legislation.

The track record of any tax lawyer is also important. If you ask any tax lawyer how many cases they have won, and lost, this will give you an idea of how effective they are at pleading your case. However, your individual circumstances should be taken into account and you need to ask the lawyer if they have had specific experience with a similar case and what the outcome was.

The best tax lawyer is one that specialises in more difficult cases and is more likely to be able to help you in whatever situation you find yourself.

The methods used by a lawyer in preparing your case should also be a consideration. Usually, a tax lawyer will be extremely thorough in investigating the circumstances surrounding your case and you should look for the most comprehensive service possible. A thorough tax lawyer will look into all of your financial records and gather evidence, of course, but will also look into any other mitigating circumstances to help with your plea.

Of course, any tax lawyer would like to claim that they can have any case against you dismissed but the reality is that this is often unlikely. You should discuss with the lawyers on your shortlist what penalties they anticipate you being given and how they plan to negotiate for lower ones. Obviously, you want to have a tax lawyer who can obtain the most lenient fines possible, even if the case against you is very clear.

Finally and probably most importantly, is the rapport that you feel when you are talking to the individual tax lawyer. It is essential that you are able to discuss everything freely and openly with whichever tax lawyer you finally decide to hire. If you do not feel comfortable talking with a particular lawyer then simply cross them off your list and move on to the next one.

Choosing an injury attorney

The legal profession has a rich history rooted in the English justice system. Over the years, the terminology has become modified and the meanings have been muddled.

A lesson on the courtroom

Court rooms were made up of three sections. The first section was reserved for the legal bench where the judge sat. The third section was reserved for the common folk who came to observe the proceedings. In the middle section was where people with familiarity of the law could stand. They would be separate from the commoners and could address the judge. These three sections were separated by two rails, known as "bars," from which we get the terminology of a barrister or that a lawyer is called to the bar.

For most people, the subtle differences in names of those in the legal profession do not matter, but is important to note that a barrister was originally not an attorney, although many people will refer to them as that today.

And the other guys

Aside from barristers, historically the other legal professional was a solicitor. The solicitor is the one who was an attorney. Barristers could represent a client in court but attorneys could appear in the place of a client.

Add to that the words "lawyer," "counsel," and "legal adviser," and you get a mishmash of terms that has come to mean a legal professional.

If you find yourself in legal trouble or are involved in a lawsuit, you'll probably not care where the term attorney came from. However, it is interesting to note the roots of our system that stemmed from tradition.

You will probably find lawyers, barristers, solicitors, and attorneys in the yellow pages all under the term “lawyer.”

It's not surprising that such confusing titles and jargon comes out of the legal system!!!

Friday, March 14, 2008

How Lawyers Charge

Standard payment arrangements an attorney may suggest include hourly rates, flat fees, retainers or contingent fees.

Hourly rates are the most common arrangement. Here, the attorney gets paid an agreed-upon hourly rate for the hours he or she works on a client's case or matter until it's resolved.

Many lawyers are willing to charge competitive flat fees for certain types of legal work, some of which are listed below.

A retainer arrangement is usually a fee paid up front before legal representation commences.

A contingency fee is an arrangement where a lawyer is paid a portion of any recovery on a legal matter that he or she realizes for the benefit of the client. Contingency fees are usually, but not always, calculated as a percentage of the recovery. In most contingency fee arrangements, the client is not obligated to pay his or her lawyer unless there is a recovery.

Sometimes, lawyers and clients agree to arrangements that may blend one or more of these fee arrangements. For example, lawyers will sometimes be paid at a reduced hourly rate with the understanding that an additional contingency fee will be paid on any recovery.
Factors Impacting Lawyers' Fees

The fees for lawyers' services are based on many factors, including:

* Time & Effort - Lawyers charge both for time they work on a case and the amount of effort the case requires
* Geographical Location - Lawyers in urban and major metropolitan areas tend to charge a lot more than lawyers in rural areas or small towns
* Outcome - On occasion, as in contingent fee matters, the fee may depend on the outcome of the case and the risk of no recovery
* Advice - Legal opinion following research and case review
* Difficulty of Case - The fee may be higher if the case is difficult or time consuming, or if there is a risk of no recovery
* Experience - A more experienced lawyer is going to charge more
* Prominence of Lawyer - If the lawyer is well known and experienced in a particular area of law, the lawyer's rates are usually higher than those of a lawyer who is not as prominent
* Overhead - The costs associated with the lawyer's secretary, copies, books, legal research, and other items
* Preferred Client Discount - Loyalty counts when it comes to working with a lawyer. So a lawyer will sometimes discount services if the client frequently uses his or her services.
(source:lawyers.com)

When You Can't Afford a Lawyer

If you can't afford a lawyer to represent you in court or during negotiations, don't give up. You're hardly alone.

In many communities, for example, more than 60 percent of divorce cases filed involve at least one side without a lawyer. Many find that when they most need a lawyer are exactly the times when they can least afford one during divorce, injury, illness, job loss or the death of a loved one.

There are, however, some options for finding free or inexpensive legal help.
Federally Funded Programs

There is a national network of legal services offices receiving federal funds to provide free legal help in civil (not criminal) cases to low-income people. Services are generally provided by staff attorneys and sometimes paralegals with experience in certain areas, such as divorce, landlord-tenant problems, subsidized housing, public assistance, Social Security and unemployment.

A legal services lawyer may also be able to point you toward nonlegal help such as temporary housing, domestic violence shelters and food banks. Most legal services offices set an income limit to qualify for their services. Some programs also consider all your assets, regardless of how much money you're making. Check your local phone directory under "legal services" or "legal aid."
Pro Bono Programs

Many state, local and county bar associations have "pro bono" ("for the good" in Latin) programs manned by local attorneys who've agreed to provide free legal representation to those who qualify, either because of income or circumstances, such as AIDS, a battering husband, being over 65, etc. As with legal services offices, you may have to prove your income level as well as the value of your assets.
Self-Help Clinics

Some local and county bar associations put on free self-help clinics, where volunteer lawyers answer questions and help with forms. These often occur weekly or monthly. You may get to talk with an attorney individually, or you may be part of a large group, asking questions within earshot of others.
Courthouse Facilitators

Increasingly, county courthouses have facilitators to help people process their legal claims. Check with your local bar association or courthouse to see what's available. At a minimum, a courthouse facilitator can help you figure out where you should file your paperwork and walk you through the process of getting your paperwork to the right people within the court system.
Public Defender Organizations

All states have networks of criminal public defenders who provide free or low-cost legal help to defendants in criminal cases. People have to meet income eligibility requirements, so must document their income (or lack thereof).
Low-Cost Legal Programs

More and more programs are available for people who earn too much to qualify for legal services or pro bono programs, but don't make enough to hire an attorney at traditional rates. If you fall in this category, which a lot of us do, there are telephone hotlines that charge by the minute and sliding-fee programs to get you the advice and representation you need at the lowest price possible.
What To Expect

Don't be put off by run-down furniture or a casually dressed attorney who looks young enough to be your kid brother. Remember that the limited money available to fund these programs goes directly to office supplies and other overhead.

The lawyer you see may have an astoundingly large caseload or may be helping low-income clients in addition to his regular paying clients, so be patient if you have to wait to see him or if he doesn't return your calls right away.

It's helpful to write down a chronology of events of your case and also provide the attorney with copies of everything related to your case contracts, receipts, bills, whatever. When talking with the legal services lawyer, keep your description of the problem to the facts and don't wander onto tangents.

And don't fret that a lawyer might look down on you just because you're broke. Chances are, he has a family member or friend in the same situation, or has even experienced financial woes himself.
(source: lawyers.com)

Preparing to Meet with a Lawyer

The criminal justice system is usually a very scary thing for anyone in the crosshairs of a prosecutor, which makes it only more imperative to be represented by a good lawyer. One way to improve your chances of getting the best lawyer is to be prepared for your first meeting. Otherwise, it can be a big waste of time for both you and the lawyer. First impressions mean a lot, and being unprepared may result in the lawyer not wanting to represent you.

A criminal defense lawyer will want to know who you are and how you can be contacted. The lawyer may also ask for a personal and business background. He or she will clearly want to understand your situation. Thus, you need to write down anything that you consider be relevant background information and have it available for the lawyer. Also bring along any documents that you have, like:

* Any documents you received from the court showing your charges and next court appearance date
* Your bail papers
* If your property was searched, any paperwork the police left
* Any documents you think are important to the case for the lawyer to review. If you can get a copy of the police report that will really assist the attorney

Sometimes, a lawyer may also try to facilitate the information gathering process by sending you a questionnaire to fill out in advance. If this happens, be sure to fill out the questionnaire and send it in to the lawyer's office before the meeting. Also send along copies of any available documents that may be requested in the questionnaire.

Some criminal attorneys will ask you to describe the events which occurred. Some will ask you to describe what the police are alleging that you did, before going into the events as you saw them. Criminal actions frequently involve very different events from the perspectives of the police and the defendant.

Before you get too far into a meeting or conversation, the lawyer is going to want to know about possible conflicts of interest. You should bring a list of other employees who may be witnesses or defendants. You should also bring any information that you have. If the lawyer or the lawyer's firm represents anyone on the other side of the fence, he or she will have a conflict and will usually not be able to represent you.

Prepare a list of questions to take with you to your first meeting. You have to feel comfortable with your attorney. Remember that your lawyer is working for you. You want someone who is skilled, but you also have to get along with your lawyer. In theory, no question is too silly to ask. Keep in mind, though, that you do not want to scare a lawyer out of representing you. Questions you might ask a lawyer would include:

* What would the lawyer like to see in order to evaluation your case?
* What might your other options be?
* How many similar cases has he or she handled?
* What percent of his or her practice is in the area of expertise that you need?
* Does the lawyer usually represent employers or employees?
* What problems does the lawyer foresee with your case?
* How would the lawyer go about handling your situation? What is the process, including the different stages, arraignment, filing of motions, motions hearing, disposition conference, trial?
* How long will it take to bring the matter to a conclusion?
* Does the lawyer ever plea bargain? All the time? Never? Either of those answers could be a problem. Some cases likely should be plea bargained. Other cases likely should go to trial.
* How would the lawyer charge for his or her services?
* Will the lawyer accept a payment agreement for the services that extends beyond the representation?
* Would the lawyer handle the case personally or would it be passed on to some other lawyer in the firm? If other lawyers or staff may do some of the work, could you meet them?

(source:criminal.lawyers.com)

How to fire your attorney

Often even after careful selection you may find that you and the lawyer you have hired have tangential views and cannot see “eye to eye.” If this happens however hard you try and resolve differences the chances are that your case will suffer.

Often even after careful selection you may find that you and the lawyer you have hired have tangential views and cannot see “eye to eye.” If this happens however hard you try and resolve differences the chances are that your case will suffer. It is best that you gather all your guts and fire the attorney and right off any expenses you have incurred and start a fresh.

When you hire a lawyer to work on legal matters you have the right to professionalism and a commitment on part of the lawyer. Every state has laws on rights of consumers and what a lawyer must do. So, check with the Bar Association or on the World Wide Web what your rights are.

Never be afraid or passive you have a right to: set deadlines, receive copies of all documents, ask for an itemized billing, and get a second opinion when in doubt.

When a conflict on any matter occurs, the first thing to do is communicate. Sulking or speaking behind the back of the lawyer will not help. Be courageous and speak your mind. Many a time just laying the cards on the table can clear matters. If at the end of the meeting the problem remains unresolved you and your lawyer may mutually decide to part ways.

In order to fire a lawyer you must:

• Follow to a‘t’ the agreement made between you and your lawyer. You must include a disagreement clause in your contract and specify clearly the financial liability.
• Have on tab all the papers pertaining to the case and notes of why in your opinion things are not right.
• State clearly in writing why you need to fire the lawyer. And request the lawyer to hand over your file, give you a detailed bill of expenses, and return any retainer he may have in excess of the bill. In case you owe the lawyer money then he has the right to hold on to your file until you settle the dues.

Find a replacement before firing the first lawyer. And ensure that you are not delaying legal process by firing your lawyer in the middle of a series of hearings.

It is not prudent to fire a lawyer verbally. It is best done in writing stating clearly the reasons for firing a lawyer and outlining the payments made as well as terms and conditions determined when hiring the lawyer. Also make sure he receives your letter.

In case of any difficulties approach the courts or ask another lawyer to send him a legal notice. In many states you can submit a complaint about lawyers. Check out the guidelines by the Bar Association of the state you reside in. The law states that lawyers need to follow a code of conduct and must be professional in every way.

Just as it is up to you to hire a lawyer so also it is your choice to fire a lawyer too.

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