Legal Typist and Thoughts on Working With Attorneys

Hiring an attorney can be a daunting task for many not familiar with the law. Just as with any profession, there are good attorneys and not so good attorneys too. Here are a few items to consider in the selection of any trusted advisor:

Lawyers are Humans We are all humans. If you think that an attorney has attained some level of humandome unavailable to those of us lesser mortals - WAKE UP! Along with inspiring a feeling of trust, respect and the certainty that you can discuss anything with your attorney; ultimately, you are going to get better service from a practitioner you like. It's a fact - humans like to do business with humans they like. Do you like your doctor? What about your accountant? Same principle applies to attorneys.

The Consultation is KeyThe consultation is generally where an attorney will meet with the potential client and learn/discuss the merits of the case. Call it a "consultation" but consider it an interview of the attorney. This means if one party takes calls or is otherwise distracted, unpleasant or disrespectful of the other's time - part ways IMMEDIATELY. Make sure to discuss how/when you are kept informed as a client on the status of your case; a contact telephone number for a support staff member you should contact should the attorney be unavailable; and any other issues regarding the management or details of your case you feel is relevant.

You are Paying for a Service - Not an Outcome Everyone forgets this. Throwing gobs of money and hiring only the most costly lawyer has little effect on the outcome of your case - other than assuring the attorney will get a great deal of exposure from your matter should it be newsworthy. Ultimately, you need a champion - someone willing to put in the time and thought required to protect or advance your case. A smart, resourceful associate or single practitioner with lower overhead can be the perfect fit. Know The Name and Phone Number of a General PractitionerYou should know the name and phone number of a general practitioner with an office close to your home or business. Unfortunately, many of us only think to locate an attorney when a specific need arises. Often such needs are due to a sad or stressful event - a time when most people are apt to make rushed or emotionally charged decisions. This may include signing a retainer with an attorney simply to move a process along (such as a divorce or probate) rather than to establish a trusted relationship. But you can't know what type of attorney you will need until the time arises - which is why you should know a good, general practitioner - to use for little items like applying for a permit or working through a traffic violation. This person then becomes a trusted resource for a referral to a specialist, when needed. Think of it like your general doctor who referrals you to medical specialists when needed - same concept only there's no insurance company footing the bill! ;) A general practitioner is also a great resource to go over the legal ramifications of an issue or event.

Laws Don't Remove the Need for Judgment or Common SenseThe law can be so stupid. This short film [http://www.angelfire.com/film2/mharris] illustrates how breaking something down to the lowest common denominator ends up being where it all began in the first place! Only after numerous law suits and the creation of organizations, institutions and laws to protect the differences rather than advance the common. The law is not always right and a very astute attorney once told me a successful negotiation is where everyone walks away feeling like they lost. Very rarely does one "win" when the judicial system is in play.

In the end, it is up to you - the potential client - to use your best judgment and apply common sense to every situation, including hiring an attorney.

Local Attorneys As A Way Of Finding Investment Property

As a real estate investor you soon realize that the more deals you can find equals better deals to choose. I am a firm believer in using every single avenue possible to find a investment property. Friends, family, acquaintances, Realtors, and just about every one else that you can think of. One of the most commonly overlooked sources of real estate deals is your local attorneys office. This is a incredible resource to a real estate investor. Most lawyers are not in the business of selling real estate but it could be a very good side business for them and a great way to serve there clients in the process. I always offer a reward if someone finds a good investment property. I usually save much more than the reward if I can buy the property before the property it gets to the open market.

You may ask how a lawyer would be able to run across good real estate deals. Here are just a couple of ways that this can happen.

Divorce:

Some times in a divorce the couple can no longer keep there main house without two incomes and the need to sell quickly may become a necessity. The lawyer can help out his client by introducing you to them and facilitate that fast sale that they need. Sometimes a couple may not even care what they get out of the property they just want out. That is a great combination for the real estate investor.

Will:

Upon the death of a parent or grandparent the estate will sometimes have a property to sell. The heirs may not want to do anything on the property and may in fact just want to get rid of the property as fast as possible. The best situation to get into is the one where there are multiple heirs and any reduction in your offer will be divided many ways and will not be a big deal to each individual involved.

Lawsuit.

Parties of the lawsuit may need cash and they may need it fast. That is a great situation for you as a investor.

There many other situations that may come up but you can get the idea that a lawyer may be a great source for deals.

Legal Malpractice Attorneys - Your Knights in Shining Armor

Unprofessional and negligent practices by attorneys need the attention of legal malpractice attorneys. It must be proven without shadow of doubt that this malpractice has caused the client to suffer damages in one way or another. Usually the damages are related to monetary loss.

Legal malpractice occurs when an attorney has not done everything legally according to the book. This means he has not done his work as any other reasonable lawyer would have done in the practice of law. This negligence has caused the client harm and has cost the client to suffer lose in some way. We refer to this as damages.

These cases fall under the ambit of "statute of limitations" so if you are going to file a case against an attorney for malpractice, ensure that you do file on time otherwise you will not be able to claim for damages suffered from you.

Legal malpractice occurs when negligence has taken place on the part of your attorney. Two kinds of malpractice exist, breach of contract when the attorney has not adhered to the terms of the contract that you have both entered into. Then this is the scenario where breach of fiduciary duty takes place. These two breaches would almost all of the time cause the client to suffer some kind of financial loss.

A client can also suffer damages if the attorney adopts a less than satisfactory strategy in court. This could be a factor in malpractice cases but it is often not that clear cut. The attorney charged with malpractice must be shown to have not taken the course of action that would be taken by any other attorney during the normal course of business. This action on behalf of the attorney must be the direct result of the client suffering damages. If the client had lost the case irrespective of the negligence then there would be no case to fight.

When a lawyer does not carry out his duties in the best interests of the client then breach of fiduciary duty comes into play. Often this breach will be seen to be self-serving by the lawyer. In other words this breach would benefit the attorney in some way. Contractual breach is when the lawyer has not performed a duty that has been signed. Both these breaches are taken very seriously by the courts and should therefore be avoided by attorneys at all costs.

The most popular kind of malpractice is when an attorney does not file papers with the court on time. This negligence can cost the client money and that is why malpractice suits exist.

The consequences of malpractice are serious and can result in a variety of unpleasantness. For this reason the attorney should have his wits about him and always have the clients best interests at heart.

Negligence comes from the Latin, meaning to not pick up. Negligence in the legal framework is usually associated with financial loss on behalf the client.

Negligence and carelessness are not one and the same thing. An attorney can be as careful as he likes, if he is not competent his is going to bungle his job. If a client has suffered some kind of loss or damage by a third party then this would constitute a civil claim. This must be due to negligence on behalf of that third party.