Who Should Be Your Lawyer
After one has been wronged, often one wishes to get justice as quickly as possible
. Often, people pick a lawyer in too much a hurry. It's worthwhile to slow down and interview a lawyer carefully before signing their retainer agreement.
Even if you have a recommendation from a friend, there is no guarantee that your legal situation will be handled as well as your friend's was. If your friend or associate's recommendation seems good, go with it, at least at first.
Contact your State Bar - an association of lawyers in your state. Almost every State Bar has a referral system where you can meet with a lawyer for half an hour about your case for a very reasonable fee.
An ideal lawyer has good experience, technical ability, accountability, billing, attitude, and customer service.
Make sure your lawyer works in the field you need. E.g., do not pick a divorce lawyer for a business fraud dispute. Often it's worth spending more for a lawyer that specializes in your kind of case. This is because a specialist often can do more effective work per hour, than one that has to brush up on the laws and issues related to your case.
A good lawyer:
* Explains the proceedings, choices, and expenses, in plain English.
* Listens to what you want, and explains the options to you.
* Declines to take your case if it's not a good match. If a lawyer cannot be confident that they can help you, they should not keep you as a client.
* Communicates with you in the way you prefer. (Email is becoming the best choice.) Nobody wants to be kept in the dark for a long time while an enormous bill is accruing.
* Has clear, fair, and itemized monthly billing.
* Uses common sense. Above all else. Just because something is legally possible does not mean it should be done.
* Puts your interests first. A good lawyer makes sure that your bottom line interests are being looked out for, before and after the judgment.
* Makes sure the proof of service is good. If the debtor cannot be found, it may be better to wait until they can be found, rather than serving them by publication. If you cannot find the defendant, why sue them?
* Makes sure the defendant has assets before you sue them. A good lawyer will advise you if the defendant cannot be collected from. You may still want to proceed, but you should make an informed choice.
* Thinks about investigating all entities that possibly should be sued. If an entity defrauds you, a good lawyer will verify if there are other related parties that possibly should be added as defendants.
Too often attorneys name corporations and LLCs without naming the individual shareholder or managing member responsible for the actions that caused a lawsuit to be filed.
Attorneys should check that an entity is not dissolved before filing a lawsuit. If an entity is dissolved when filing a lawsuit, a good lawyer will be sure to add any individuals directly responsible, and all possible "John Does".
If you sue RipMeOff, LLC, a good lawyer will make sure to check for any "RipMeOffs, Inc" and "Barry Ripoff DBA RipMeOffs" that are alter-ego's or related to RipMeOff, LLC.
It's usually a lot easier and cheaper to pierce corporate veils before the judgment is finalized, than it is afterward.
by: Mark Shapiro
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