Archive for March, 2013

1. Get organized. Prepare detailed written notes outlining your legal problem or questions. Provide the lawyer all the details, and let he or she decide what is important to your case.

2. Complete and honest disclosure of all facts. It is very important that you provide a complete and honest description of your problem, including information that may be favorable, unfavorable, or embarrassing. Leaving out a minor fact or detail could have a huge negative impact on your case. Only if you fully disclose the facts about your situation can an attorney properly advise you. Remember that there are strict rules that require an attorney to keep your information confidential.

3. Discuss fees. Your attorney will be ready to discuss fees at the first meeting, and you should be ready to do the same. You can and should negotiate fees and discuss payment plans with your attorney. Get your agreement in writing and keep a copy for your file. Most disputes about fees happen because there is no written record of an agreement.

4. Ask a lawyer questions. In order for your attorney to serve you better, you must understand all aspects of your case and the legal process. Understanding the process will help you understand how the lawyer is working and what type of information is needed on your case. But remember, you are paying for your attorney’s time. It is more cost effective to ask several questions at once instead of calling your attorney every time one question comes to mind. You may be charged for each call depending on your fee agreement.

5. Understand what you sign. Before you sign a document, ask your attorney to fully explain to your satisfaction any document. What can be clear and routine to an attorney can be confusing to people without formal legal training.

6. Keep your own records. Ask for copies of all letters and documents prepared on your case. You should also keep the written fee agreement between you and your attorney in the file. You may have to access this information at some point in the future so it is important to maintain records.

7. Legal advice. Give careful and thoughtful consideration to what your attorney advises. The attorney’s judgments are based on legal training and experience. Remember that lawyers cannot work magic. No attorney wins every case, and sometimes the best legal advice may not be what you want to hear. Your attorney will provide advice that has your best legal interests in mind. The central focus of any case is the facts. Each side will have facts that contribute to the outcome of the case. It is the lawyer’s responsibility to make you aware of the potential outcome of your case based on the facts.

HOW DO I PREPARE AND WHAT SHOULD I TAKE TO THE FIRST INTERVIEW?

Plan to go to the first interview with an open mind. You do not have to decide to employ the attorney with whom you are interviewing until you have had time to think about the interview and your experience in communicating with the lawyer.

When you go to your initial consultation, it is important to have with you a written summary, or detailed notes outlining your problem. The notes or summary should include:

1. Names, addresses and phone numbers of all persons or companies involved

2. All documents which are part of your case, including

a. Documents you have received from another attorney

b. Documents you have received from a court

c. Journals

d. Written Correspondence (includes emails)

e. Receipts

f. Contracts

g. Medical bills

h. Repair estimates

i. Checks, etc.

j. Pictures

k. Written notes detailing the history of your situation

The attorney may ask you to deliver written materials in advance of your first interview in order to have adequate time to review them. You may prefer to provide copies rather than originals at the initial interview. Remember that all lawyers are subject to attorney-client privilege and therefore, must maintain any information in strict confidence.

Next, prepare a list of questions for the attorney, such as:

1. Are you specialized and/or experienced in my type of problem?

2. Will you or one of your associates be handling my case?

3. Will you regularly contact me about the status of my case?

4. Will I be provided with copies of all important documents, and will there be a charge for those documents?

5. Will I be able to make the final decision on my case?

6. What is your estimate of time needed to complete my case?

7. What is the hourly billable rate?

8. What amount of retainer is required to request your services?

REMEMBER: When you hire an attorney, the attorney will be working for you. He or she should be genuinely interested in your problem and in giving you the best possible advice. The attorney may not be able to accomplish everything you wish because of the facts or the laws that apply in your case. Many times the best advice an attorney can give will be to avoid court action. He or she may suggest other methods to resolve your matter, such as mediation.

WHAT SHOULD I EXPECT OF MY ATTORNEY?

Here are a few tips about what to expect from your attorney. Your attorney should:

1. Give you candid, honest advice;

2. Tell you the strong and weak points of your case; this includes potential outcomes based on facts and your instructions on how to proceed

3. Keep you informed and follow your instructions, within the bounds of the law;

4. Protect and defend you to the best of his or her ability and to the fullest extent of the law;

5. While representing you, not represent any other client whose interests conflict with yours;

6. Provide you, if you ask, with copies of all letters and documents involved in your case;

7. Provide an itemized bill of all work done for you and all expenses incurred on your behalf.

WHAT WILL MY ATTORNEY EXPECT OF ME?

The attorney will expect you to:

1. Be prompt for court dates and appointments;

2. Let him or her know how to keep in touch with you. If you have a change of address or phone number or place of employment, let your attorney know; and

3. Be completely honest — even if it is embarrassing to tell the truth about your problem.
Remember, what you tell an attorney in private will be kept confidential. Even confessions to past crimes or criminal activity are going to be treated as confidential by your attorney. Exceptions to this rule of strict confidentiality are plans for future crimes and continuing criminal activity or if the attorney believes that you have or will cause injury to a child. Attorneys are required by law to report suspected child abuse.

4. Not withhold any important information during the conversation that could be potentially damaging to your situation. A common tactic is for the other party to discredit you. Therefore, it is crucial that you fully disclose anything you can think of that could be used against you later on in the proceedings. Understand that even with the weight of the facts on your side, the situation could change if information comes out later that gives the advantage to the other party, because this information was not disclosed earlier to the lawyer.

HOW MUCH WILL THE ATTORNEY CHARGE ME FOR HIS OR HER SERVICES?

The attorney’s fee depends upon many variables, such as amount of time, the difficulty of the work, the skill required, the customary fee in your area for similar work, the experience, reputation and ability of the attorney, and whether the fee is a set amount or contingent on the outcome of the case.

Some examples of fee arrangements include:

Flat fee: The attorney may quote you a set amount or standard fee that he or she has arrived at for your type of legal problem. An example of a legal problem that could be covered in a flat-fee matter is an uncontested divorce without children or a simple will. In addition, lawyers usually expect you to pay court costs and to reimburse them for out-of-pocket expenses, such as travel, long distance, postage, courier, or copying expenses. It is important that you find out what any fixed fee covers.

Hourly fee: An attorney may prefer to bill you by the hour and collect an initial retainer. Such fees may vary widely depending upon the complexity of the legal work, the skill of the attorney and whether there are time deadlines. If you agree to an hourly arrangement, you and the attorney could include a provision in your contract requiring the attorney not to exceed a specified amount of time or money without obtaining your permission. Insist that you be kept advised every month of the number of hours that the attorney is spending on your problem. You also have the right to ask for a written explanation of what the attorney did during the hours he or she worked on your case.

Questions about fees that you may want to ask are:

1. Can you give me an estimate of how much this legal matter will cost?

2. Can we have a written fee agreement that sets forth not only my obligation to pay you, but also exactly what services you will provide?

HOW SHOULD I MAKE MY DECISION TO HIRE AN ATTORNEY?

Based on your first interview, you should consider the following factors before agreeing to hire an attorney:

1. Could you communicate effectively with the attorney?

2. Was the attorney clear and easy to understand?

3. Are fees reasonable in comparison with other lawyers’ charges?

4. Did the attorney give clear explanations of how he or she will let you know about progress in your case?

5. If you are not satisfied with this attorney, do not hire him or her. Look elsewhere for legal help.

Securing a good lawyer can prove challenging if not frustrating. However the basic guidelines are the same in most countries. It is recommended to get a lawyer who can be your ‘legal coach’ and agent all at once. From the start, a good lawyer connects with his client. Determine if there is a fit, albeit the personality fit is very important, as you, the client must get sense of security from the initial contact. Jamaican Attorney-at-law Charles Williams, with over 25 years experience advises the client to ask many questions, and pay attention to vital testers such as chemistry and accessibility, right from the start.

He says lawyers should be able to give an idea of the time frame involved and necessary stages for resolving the problem to be achieved. Clients need to ‘know’ that they have the last word, although the lawyer advises on all possible outcomes says another attorney Jacqueline Samuels. The client should therefore recognize the critical value of outlining his or her desired course of action. In any country, clients must research whether the lawyer is fully certified, and qualified to represent you, especially in court, by the relevant body. In Jamaica, lawyers conduct minimal advertising such as telephone directory listings. However, directory listings are not sufficient guidelines to locate a good lawyer.

The old-fashioned way – through friends, families and acquaintances can never wear thin. Additionally, choosing, based on reputation or observation, can be highly beneficial. Observations can be done by attending court and seeing lawyers in action or, at times, through knowledge of a successful transaction already in progress, where allowed. The General Legal Council of Jamaica, the body responsible for discipline and rules governing lawyers cannot recommend lawyers. The crux of hiring a lawyer is often times based on the lawyer, experience, nature of case, nature of issues and complexities, the type and amount of work required. Initial consultation is, in many instances, free. Within Jamaica’s free market, both parties must get together to decide on a rate to be paid or fees to be charged outside of statutory required fees.

This, as lawyers are free to charge whatever fees, they believe, their services are worth. Some lawyers charge a total fee from the get-go, while others charge an initial retainer, plus additions over time for extra elements such as court appearances. (NB: In Jamaica, cases can drag through the courts for two to three years, or up to 20 years in extreme circumstances.) Still, there are lawyers, who charge an hourly fee after the initial retainer. In the case of commercial transactions such as land matters, fees are calculated as a percentage of the value of the property involved. Critically, clients should, at all times, have a clear idea on the basis of the fee structure and, hence, the fee to be charged to avoid misunderstandings and budgetary problems. Further, clients should, at all times, be mindful of available legal aid (called pro bono in the US) as supplemented by the government.

Through a partnership between government and attorneys, legal aid is made available, as private attorneys agree to accept significantly reduced fees from persons, who have financial problems. In the case of criminal matters, with a few exceptions such as drug cases, legal aid is made available. Three legal aid clinics exist in Jamaica, namely Kingston Legal Aid Clinic, Legal Aid Clinic, Norman Manley Law School, Mona, St Andrew, and the Montego Bay Legal Aid Clinic Ltd in St James. The cost may begin at JA$20,000 (1US$=apprx JA$89). Lawyers also volunteer, on call, as duty counsel at police stations, where they give advice or represent persons detained or arrested.

Tips to bear in mind: When choosing a lawyer, research level of experience and expertise. Choosing between barrister and solicitor is no longer an issue as Jamaican lawyers are now able to operate as both. Lawyers who may not have adequate time to devote to your case, as a result of heavy workload, should inform you. Information on statutory duties and costs can be obtained from public agencies and offices such as the Registrar of Titles. Finally, never assume that a ‘friendly’ lawyer has your best interest at heart. Make sure that even these ‘friendly’ lawyers speak directly, especially in telling you when to make contact, in the event you are not contacted first.

Family affairs that become legal issues falls under family law where it includes divorce, spousal support, child support, child abduction visitation rights, grandparent visitation, custody, annulment, property settlements, alimony payments, division of assets and liabilities due to divorce, paternity tests, adoption, surrogacy, termination of parental rights, paternity, prenuptial agreements, legitimacy parental responsibility orders, dependency and child neglect and protection from abuse. Should you have any concerns regarding these issues or if it affects you directly, then you can go to a family lawyer to get consultation and advice on which action to take next. Although it is prudent to settle you family’s dispute on your own discretion there will be times (in fact it is often that family members will not agree on anything until an intercessor or a lawyer will negotiate the terms) when family members will not be able to come to a sound agreement. However, even for minor details agreements or discrepancies it is advisable to see a family lawyer nonetheless.

Here are a few things you need to know about family lawyers and why you need them:

· If you have a reasonable case to fight – it is always best to consult your lawyer whether or not your case is within the range of the “reasonable” before taking your fight to court.

· Family lawyers will help you set realistic expectations – knowing what you will get or what you’ll lose is a risky business, and the attorney will determine which action is best for you.

· Make sure that any agreement you enter is bounded by law – only attorneys can make your contracts enforceable in courts, and so to prevent your agreements going on mishaps have a the lawyer involve in any agreement that you make, especially the important ones.

· Law experts help you open your eyes to a variety of options – normally you could only think of 2 – 5 ways to settle a dispute, but since the lawyer knows the curves, turns and circles of the law he or she can offer you alternative options that is much better than what you had in mind.

· Your family lawyer takes over where it is no longer necessary for you to go – going through a divorce is already tough enough, but the court will require you to file tons of paper work along with it. Your lawyer can file the paper works on your behalf so that you could mourn, reassess and plan for your future in these difficult times.

· A family attorney can help you settle the case efficiently and with less expenditures – family lawyers are very good negotiators especially in disagreements and disputes, moreover they are focused on you and your case and they determine which course of action is best for you to take and which will cost less in expenditures.