What to Consider Before You Hire a Legal Malpractice Attorney

Selecting a legal malpractice attorney is a careful process because, if you are seeking one, you have obviously had an unfortunate experience with a prior attorney. Below are some things to consider in selecting a legal malpractice attorney who will serve you well.

First, because you are suing a lawyer, you want to make sure your potential legal malpractice lawyer does not know this person. The legal community can be very small and conflicts of interest present themselves. Before you waste any time, confirm that there are no conflicts of interest.

An example of a conflict of interest would be if your potential legal malpractice attorney represents someone at the same firm as your former lawyer.

Next, you want to make sure that your potential legal malpractice attorney has solid experience in this area. Look for at least ten years of experience and a track record with cases similar to yours. Ask about prior similar cases and how they were resolved.

Come up with a strategy together. You and your attorney should be on the same page and he should understand and strive to meet your goals, or at least tell you if your goals are not reasonable and why not. You must have an open dialogue to ensure that your potential legal malpractice attorney understands what you expect and vice versa.

You should also ask about what to expect in terms of proceedings, such as how long things usually take and what will be asked of you. In terms of documentation, you may be asked to recount a timeline of what took place and produce prior emails and correspondences. You will only help your case and your attorney by having this information organized and readily available.

There is a heavy burden of proof in legal malpractice cases. You must prove that your former attorney didn't simply make a mistake but that, if not for the mistake, you would have had a positive result. Discuss this with your attorney. Be sure to understand how you will try to prove this.

In terms of the client/attorney relationship, your attorney works for you and that means you can expect that he returns phone calls in a timely manner and answers questions in plain English. Set up a plan for communication so that you are kept up to date on the status of your case.

In terms of fees and costs, legal malpractice cases are handled on a contingency basis. This means that you pay nothing unless you win. If you win, your attorney gets a portion of the recovery amount. If you lose, your attorney gets nothing. It is part of doing business in this area of the law. You should also advance nothing for costs. Your attorney should advance court fees and other costs and either be reimbursed from the recovery amount or absorb the costs as a business expense.

Before you meet with a potential legal malpractice attorney, keep the above in mind to ensure that you are hiring the right attorney for you.

Atlanta Mortgage Lawyers

Mortgage lawyers are trained legal professionals who focus on the legal aspects in the preparation of real estate mortgages, lending transactions secured by real estate, real estate closings and title examination among other services.

There are a number of Atlanta based firms offering services in the area of real estate transactions and mortgages. They specialize in these specific fields, handling a large number of clients. Thus, it is easier for them to understand the problem of the clients.

It is easy to search for a lawyer or a firm on the Internet. There are various options that one can choose from, depending upon one?s to his/her need or ability.

Georgia Real Estate Transactional Lawyers and Attorneys is a firm which primarily deals in real estate, foreclosures and closings, among other things. They are among the top ranked firms. They can be visited at http://www.dslawyers.com.

Similarly, the US Title Insurance Agency, Ltd. located in Atlanta, handles the entire real estate closing process for properties located throughout Georgia. They arrange for title examinations, complete the title commitment, clear title defects, issue a policy of title insurance, close the transaction and disburse closing proceeds. They can be visited at http://www.ustia.net/.

Another very well-known firm (at least online!) is Dewrell Sacks, LLP. Based in North Atlanta, they handle residential closings, commercial closings; refinance closings, and FHA/VA closings throughout the State of Georgia. Their illustrious list of clients includes Countrywide, Ameriquest and National City. This firm can be reached at http://www.dewrellsacks.com/.

Likewise, there are many others who are in practice too. There are various directories from where one can locate a lawyer too. You can visit any of these directories to search for a lawyer.

[http://www.atlanta-lawyer.net/areas/real_estate.htm]

http://www.lawyers-atlanta.com/real_estate.asp

http://www.atlantalawyerlocate.com/intellectual_property.html

What Does a Litigation Attorney Do, Anyway

A litigation attorney is most simply an attorney who specializes in litigation. Litigation is basically just a fancy legal term for the practice of carrying a lawsuit through the court process. While some attorneys prefer to handle settlements and some lawyers practice criminal law, for the most part, litigation attorneys focus exclusively on lawsuits. After all, lawsuits are what litigation is all about.

The Different Types Of Litigation Practices Are Practically Unlimited.

Just as the different types of injuries, remedies, and legal issues cover an immensely endless variety of situations, the same goes for litigation - the different kinds of legal cases where litigation is practiced are practically unlimited. While one litigation attorney might focus on one specialty or niche type of litigation, other litigation attorneys will practice more generalized litigation, covering all kinds of lawsuits.

Litigation Attorneys Usually Cover Personal Injury Cases.

Because major personal or toxic injury cases, such as those involving benzene exposure or other workplace hazards, are so incredibly complex, a litigation attorney or even a team of litigation attorneys usually cover such large lawsuits. A general practice attorney, like the one you might turn to in order to update a will or fight a traffic ticket, just doesn't have the experience or level of specialization needed when it comes to major lawsuits like an expert litigation attorney will. Practicing law is not a one size fits all endeavor - there are simply different attorneys for different situations.

Litigation Is Often Very Detail Oriented.

It's not unusual for a litigation attorney to file suit against dozens of companies or parties just as a part of one single legal case. Litigation is often extremely detail oriented. Because of this, it's normal for litigation attorneys to have a team of co-attorneys and many qualified non-attorney staff members too, especially when trying a large scale lawsuit. Because of the sheer complexity and expense involved, this type of litigation is most often reserved for only the biggest legal cases. It's not unusual for the smaller legal cases to be settled out of court.

Litigation Takes A Long Period Of Time.

Very rarely does the litigation process go quickly. It's not that litigation attorneys don't want to expedite the process as much as possible - it's just that there are an unbelievable number of details and legal procedures that have to be followed in any type of litigation. Court systems and their rules also introduce their own level of bureaucracy that only extends the amount of time needed for litigation attorneys to cover all the bases necessary.

Again, litigation is a very complicated process. While it might sound simple to simply carry a lawsuit through the court process, every experienced litigation attorney knows that this is just not the case at all!

Litigation - An Overview

"If there be a controversy between men, and they come unto judgment, that the judges may judge them; then they shall justify the righteous, and condemn the wicked." Litigation is a very customary method which works on the foundation of this citation.

Litigation is another technique, in which both parties present their case before the Judge, the lawyers try their level best to get the final verdict in their client's favor. The final decision is based on court rules and evidence and arguments presented by the lawyers. The Litigation considers only those issues which are under lawful frame; there is no room for emotional issues. This method involves filing of case, presenting of case supported by legitimate evidences trailed by heated arguments and number of trial sessions.

The procedure is very expensive which makes a substantial cleft in your pocket. The usual time period involved in proceedings 11 to 14 months or more, bigger the number of trial session larger is the crevice. Moreover, the concluding upshot is not satisfactory as the absolute decision is of judge and not of the client. And Judge's point of view is based on lawyer's presentation of case. This technique affects the person psychologically also as in order to well- built their case lawyers usually humiliate the other party crossing all limits of graciousness. As the process been public, it puts both the parties to shame in society. Litigation is a real twinge which affects the very essence of your personality in all means let be emotional, monetary or physical.

Due to all kinds of headaches involved in litigation, usually lawyers recommend their clients to go for out of court settlement. This is a popular method usually known as "Settlement conference" , in this method the lawyers present their case in front of neutral party. The neutral party can be an experienced lawyer or retired judge.

The neutral party after hearing both the parties and induce the parties to agree on the decision which is based on the unbiased third party point of view with regulation of law. Settlement conference saves both the parties from unnecessary humiliation.

Litigation is usually considered most appropriate in highly conflicted cases in which corporeal exploitation is involved. And parities are not ready to settle the issues through discussions or intervention of a neutral party. In such cases, the abhorrence is so much in existence that things cannot be worked out by serene and matured discussion as said earlier the court of law justify the virtuous and revile the iniquitous.

Attorney Fees - Part 1 - Legal Fees and Fee Agreement

Understanding the attorney fees would help you control your finances a whole lot better and help you make better financial decisions when working with your lawyer. The attorney fees could get substantial, and if you don't fully understand them your bank account would very soon. Before you enter into a legal agreement with your chosen attorney, it would be in your best interest to have an understanding of the attorney fees so you can build a strong client-attorney working relationship with your lawyer without any financial disputes, which on the other hand would help your lawyer fully focus on your case. Provided here are overviews of attorney fees that you may expect when hiring a lawyer. But this is just to inform you. Always clearly communicate with your attorney the legal fees that apply to your case and don't stop asking your attorney until you gain a full understanding of the legal costs that you will be responsible for.

Legal Fees

Some attorneys who enjoy higher reputation may charge more than the ones who don't. But, those well-reputed lawyers may get the work done faster. The keyword here is "may." That's because lawyers consider several factors when setting their fees. It depends on how complicated your case is and the amount of time it will take to resolve the matter. Even though the trial itself may not take that long, researching the law, gathering the facts, interviewing witnesses, preparing all the needed documentation and arguments for the trial may take days, weeks and even months. In some cases unexpected developments may take place that will complicate your situation even further, which would result in higher fees.

You need to feel comfortable when discussing fees with your lawyer. Actually, you and your lawyer can negotiate almost any type of fee agreement. Besides the fee that you may pay for your first meeting, your lawyer could offer you a fixed, hourly, retainer, contingency, or a statutory fee. In addition to that, the same lawyer might charge more for the time spent in the courtroom than for hours spent in the office or library. But, you can agree to any one or a combination of these fees. The most common billing method is to charge a set amount for each hour of time the lawyer works on your case. What will work for you is what you need to discuss with your attorney and find a medium that will work for both of you. Don't forget that your main goal is winning your case. The fees need not to spin you out of focus that may result in losing your case. On the other hand, if one attorney is not willing to meet you half way in regards to your ability in making the payment, consider talking to another attorney.

Fee Agreement

You need to get your fee agreement in writing. By law, contingency fees and non-contingency fees anticipated to be $1,000 or more must be in writing. But, it's best to get any fee arrangement in writing no matter the amount because it provides a written record. This way, both you and your lawyer will know what to expect from each other as you work together on your case. Also, it steers clear from any confusion and misunderstanding that may affect your outcome. Try to avoid making oral agreements. But if you do make one with your lawyer, make a written note of it.

Your fee agreement needs to include what services are and aren't covered under that agreement as well as the type and amount of fees you will be expected to pay. Also, the agreement might spell out your obligations as a client, as well as how the court fees and miscellaneous expenses will be handled. It could explain the attorney's billing practices and state whether the lawyer is going to add interest or other charges to unpaid amounts. The lawyer may have a pre-printed fee agreement for you to sign. However, nothing is set in stone. You can always ask the lawyer to change parts of the agreement or make up a new one especially for your situation. If you're not sure what to ask your lawyer regarding your fee agreement, feel free to bring some one with you at your initial meeting to help you out.

Do not sign the agreement if you don't fully understand it. Also, do not sign it if something you have requested is not included or vice versa. You need to read it and fully understand it. Once you sign it, you fully agree to it. That's important because if you have agreed to (signed) something that you "didn't really agree" (as a result of not reading the agreement), or didn't want, or didn't fully understand, legal fees can add up very fast and cost you an arm and a leg. When you get your bill, it's too late. Every story that you can read about people complaining against their attorneys regarding fees, it's because the client signed up to something that they didn't fully understand. Or, they've made oral agreements with no record.

Fee Arrangements - covered in Part 2 of this article.

Disclaimer: The author and publisher of this article have done their best to give you useful, informative and accurate information. This article does not represent nor replace the legal advice you need to get from a lawyer, or other professional if the content of the article involves an issue you are facing. Laws vary from state-to-state and change from time-to-time. Always consult with a qualified professional before making any decisions about the issues described in this article. Thank you.

This is Part 1 of this 4-part article. Please refer to the other 3 parts to read this article in full.