How to Pick a Lawyer
Lawyers are like doctors. They specialize in anything from zoning to wills to personal injury. You want to find a lawyer who specializes in the area of law that concerns you. The lawyer who handles criminal matters does not know about the issues that concern a business owner. A good lawyer is like a partner who will help you understand everything from government laws and regulations to details of your particular matter. That’s why you need to put in the legwork to find your best match. When choosing a lawyer, think long term. You should be looking for a lawyer who will help you to avoid making costly mistakes.
To actually find a lawyer, start by talking to lawyers you already know or to people who have used a lawyer in the specialty that you are looking for. Your accountant is also a good source for a referral. Many accountants network with lawyers.
Do some research about the names that you have been given. Check the websites of relevant law firms to get a sense of attitudes and specialties. The right lawyer will spot issues and point out solutions you might not have thought of.
Interview more than one lawyer. When interviewing law firms, meet with the lawyer who will be actually handling your matter. Evaluate the style and attitude of each lawyer that you interview. Here are some questions you should ask each lawyer:
1. What is your experience in this field?
2. Have you handled matters like mine?
3. What are my options in resolving this matter?
4. Approximately how long will it take to resolve?
5. What are your rates and how often will you bill me? Do you bill for expenses?
6. What is your ballpark figure for the total bill, including fees and expenses?
7. How will you keep me informed about progress and how often?
If the lawyer does not seem knowledgeable or interested in your matter or case, move on to the next name on your list. Choose the lawyer who gives you the answers that make you comfortable and whose personality meshes with your own.
You need a smart lawyer who will work hard on your behalf and complete all assignments in a prompt and efficient manner. You also need a lawyer who you get along with and like. Selecting the right lawyer will save you both time and money while decreasing your stress level.
Robin M. Gronsky has been practicing law since 1982. She is admitted to practice in New York, New Jersey and Florida.
As a former general counsel of a national mortgage lender, Ms. Gronsky is experienced in corporate matters, mortgage licensing on a nationwide basis, and all facets of real estate transactions.
Ms. Gronsky’s practice is geared to maintain personal contact with her clients and develop a close-working professional relationship over a long period of time. This helps assure that her clients’ work will be performed by the lawyer they have chosen.
Ms. Gronsky graduated magna cum laude from the State University of New York at Buffalo and received her J.D. from Boston University School of Law.
Plans Aren't Wine, And They Don't Always Age Well
The following crossed my desk recently. The author gave me permission to share her story:
“Please alert people to something we’re experiencing right now - having to clean up the mess of someone not naming more than one person as beneficiary on a life insurance policy. We are having an impossible time trying to get the funeral expenses paid for my sister and my mother. They died within four days of each other, and they left each other as beneficiary of their life insurance policies.
‘If the person listed as a beneficiary dies, the insurance benefit goes into their estate.
‘The problem is, neither of them had a will, either.”
(Aside: This means that both estates, the mother’s and the daughter’s, will have to be probated by the Court, and the Court will decide who gets what. The process can be lengthy, and it can be expensive. The family might not see the funeral money for a while.)
“Also, please alert people to be sure that the person they choose to be their medical decision maker - the person who has Medical Power of Attorney - is willing to do what they would want done. Review the mental capacity of the appointed person regularly.
‘My 85 year old Mother couldn’t bring herself to honor my sister’s Living Will that said she wanted to be allowed to go. The doctor wouldn’t write a letter stating Mother wasn’t capable of making these decisions for my sister, who was in a coma.
‘So, my sister was put on life support, even though there was no hope that she would ever awaken or live a productive life. She lingered for months on a ventilator.
‘My family and I wish we had thought about all these things sooner. We are taking a closer look at our own papers now.”
She is soooo right.
Life insurance is something we all tend to forget about. When you started that new job, you made out your employer’s insurance beneficiary papers on the first day. Have you thought about them since?
What about your Medical and Financial Powers of Attorney (you do have them, don’t you?). If you’ve designated your spouse on one or both, what happens if you’re in an accident together? Is there a secod person named who can step in?
If you made arrangements for your children when they were babies, are there things you should change now thatthey’re older? Now that several years have gone by, would you still appoint the same people to care for your children in the event of a catastrophe?
Do you have a will? If not, some stranger in a black robe is going to be making decisions for you one day.
What about your parents? If one of them has passed away, has the survivor made the necessary changes to legal documents?
If one parent is in poor health or getting confused, is he or she still the only one legally appointed to make decisions for the other?
This doesn’t really have anything to do with your age. Everyone over the age of 18 should give some thought to these questions, and then take action. Should you do something about it right now, before something goes tragically wrong?
You Betcha!
© 2004 Molly Shomer, All Rights Reserved.
You are free to use this article as long as you include complete attribution, including live web site link and email link. Please notify me where the material will appear. The attribution should read:
“Molly Shomer helps when you’re struggling with eldercare. Find articles, resources, tools and support at http://www.eldercareteam.com
Lost or Stolen ATM Debit Cards - Your Liability
As our economy becomes more and more digital, ATM debit cards have become a frequent payment method. This article discusses your liability for lost or stolen card charges.
ATM Debit Cards
ATM debit cards have certainly made life a lot easier. For many people, carrying around a checkbook is a thing of the past. My debit card has been used so much I can barely see the numbers on it anymore. The downside, of course, is inevitably you will lose the card. For the unlucky, the card may even be stolen. If this occurs, you need to act quickly to cut off liability for any of the charges.
ATM debit cards are not credit cards for legal purposes. With a credit card, your liability is limited to $50 so long as you let the credit card company know about fraudulent charges when you get your statement. The laws governing ATM debit cards provide much less protection.
If you report an ATM debit card missing, you cannot be held liable for any subsequent withdrawals or charges. However, the rules are different if the unauthorized charges happen before you report the card missing:
1. You are responsible for losses up to $50 if you report the card missing or stolen within two business days of unauthorized charges occurring.
2. If you report the card lost or stolen after two business days have passed, you could be on the hook for up to $500 in unauthorized charges.
3. If you fail to report the lost or stolen card within 60 days of receiving a bank statement with unauthorized charges, you are totally and completely liable for all charges.
While these laws may see unfair at first, they really aren’t. I procrastinate as much as the next person, but even I wouldn’t wait 60 days to report a stolen or lost debit card. At some point, you simply have to take responsibility for your life. Heck, I don’t think I could survive two days without a debit card.
If you suffer a lost or stolen ATM debit card, contact your banking institution immediately. You’ll regret it if you don’t.
Richard A. Chapo is a San Diego business lawyer with http://www.sandiegobusinesslawfirm.com - providing legal services and legal advice to businesses in San Diego, California.