JCOHS Lawyers and Attorneys

Attorney advertising is everywhere–in the phone book, on the internet, in magazines, on television, and in every other type of media imaginable. Personal injury attorneys obviously account for most legal advertising. In fact, personal injury attorneys probably account for more popular media advertisements than all other types of lawyers combined. In an odd twist, however, most good personal injury lawyers (the ones with lots of trial experience and good reputations among the bar and with judges) have little need for expensive advertising. They don’t need to advertise, because clients are referred to them. On the other hand, lawyers with limited trial skills who advertise heavily and give the impression that they are experienced saddle the legal profession with a bad name. They are the ambulance chasers.

The main problem with personal injury attorney advertising is that it is too powerful, which is not a new idea. The United States Supreme Court has ruled that attorney advertising can be so powerful as to warrant restrictions on its use, despite free speech guarantees in the federal Constitution. Indeed, every state bar association of which this author is aware places restrictions on attorney advertising to curtail its persuasive effect. But the fact that so many injured people continue to hire advertising attorneys is evidence that restrictions on advertisements are not working. Courts and bar associations are unlikely to place additional restrictions on advertising attorneys, so what else can be done?

This article attempts to do two things: (1) expose advertising attorneys and the personal injury industry and (2) educate the general public on how to find ethical, experienced, talented, and proven trial attorneys. But exposure of the industry and educational materials will be valuable only to the extent that they are not “drowned out” by the work of advertising attorneys. The point of this article is to provide much needed information to injured people in need of excellent legal representation–people who almost always miss the ramifications of hiring attorneys who are heavily advertised.

When attorneys advertise on television, in the Yellow Pages, or in other mediums, they incur high overhead expenses. In addition to high marketing expenses, advertising attorneys hire additional employees to answer phones, screen potential clients, conduct intakes (or “free consultations”), gather client records, and manage a large number of cases. As a result, advertising attorneys are under tremendous pressure to generate cash for payroll and advertising expenses.

The pressure to generate cash flow forces advertising attorneys to settle cases quickly. These lawyers are reluctant to take cases to trial, because trial can be a long and expensive process. Here’s the rub: Insurance companies and defense attorneys know which personal injury lawyers are willing to take cases to trial and which ones have a reputation for settling cases quickly. As a result, insurance companies often “low ball” advertising attorneys. Advertising attorneys, in turn, are forced to recommend that their clients accept less than fair value for their claims. Most clients are easily persuaded to take what they can get, and the cycle continues.

On rare occasions, a client may simply refuse to settle. Advertising attorneys often refer those clients to skilled trial attorneys. At this point, it’s important to distinguish between types of attorneys. Advertising attorneys are skilled marketers who spend time learning how to sell their services via advertising. An experienced trial attorney, on the other hand, is an expert advocate who spends time developing and honing trial skills and maintaining a good reputation with the local bar association. These attorneys are respected by insurance companies and defense lawyers alike, because they are not afraid to file suit and follow through with trial, which adds value to settlement offers out of the gate.

Now that advertising attorneys are exposed, here’s how you can find a battle-hardened, ethical, and talented trial attorney:

Begin your search with an elite organization or association of trial lawyers. The American Board of Trial Advocates is a good example. Seek attorneys who hold leadership positions in this and other associations of trial lawyers.

Research attorneys on the bar association website for your state. Look for attorneys who are board certified in civil trial law (or in the specific field for which you need a lawyer).

Research attorneys on their personal or firm websites. Look for the jury verdicts obtained by the attorney you’re considering.

Ask friends, family members, and other attorneys for personal recommendations.

Ask lots of questions at your consultations with attorneys. Make sure the attorney you’re considering has handled a case similar to yours and ask about the outcome of that case. Let the attorney know that you’re not asking for or expecting a guaranteed result for your own case. Also ask about the number of cases the attorney takes to trial each year and the percentage of cases that settle out of court. Here, you’re looking for an indication that the attorney is willing to abandon settlement negotiations if they’re not going well and proceed to trial.

Do not begin your search with the phone book or by calling an attorney advertised on television. Only call an advertising attorney after you’ve done your homework and determined that he or she is well qualified to handle your case and willing to take it to trial if settlement negotiations are unsuccessful. One final word to the wise, attorney referral services often simply rotate the attorneys they recommend. If you are referred to a personal injury lawyer by a friend, family member, other attorney, or referral service, you still need to do your homework.

Armed with this information, you are much more likely to find and hire an attorney who can and will add value to your personal injury case. Good luck!



By: Michael Patton, Esq.

About the Author:

As a practical matter, the fees lawyers charge tend to vary greatly. It is hoped that the following will help the potential client make at least some sense of attorney fees and how they are set.

NEVER HIRE AN ATTORNEY WITHOUT A WRITTEN FEE CONTRACT You might be surprised how many criminal defense lawyers do not provide written fee contracts. This is extremely dangerous and leads to potential problems. Often times an attorney who chooses not provide a fee agreement will tell the potential client that he will “start” the case at a very low price. Nevertheless, at every stage of the case, the attorney requires more money and threatens to withdraw from the case if he is not paid the additional sums. The result is that you can wind up paying much more than had you hired the attorney who seemed more expensive to begin with. A fee contract avoids these nasty surprises. Besides, why would any attorney not provide a written fee agreement that makes the obligations of both the attorney and the client clear?

AVOID HIRING AN ATTORNEY THAT WILL ALSO POST YOUR BOND While Texas does not prohibit an attorney from posting a client’s bond, many states do because of the conflict of interest that exists. The role of a bondsman is to make sure you appear in court and a bondsman has every incentive to inform the court if you are not complying with the conditions of your release. On the other hand, your attorney is supposed to be your advocate and protect you from having your bond revoked in the event you do not fully comply with your release conditions. We have also seen cases where, when a client gets behind on his legal fees, the attorney posting a client’s bond threatens, and sometimes does, have the client’s bond revoked as additional pressure to pay the outstanding legal fees. It should be easy to see why hiring an attorney to post your bond is rife with conflicts and should be avoided. You should hire an independent bondsman and an independent attorney.

BEWARE OF LAWYERS WITH A VOLUME PRACTICE There are many lawyers out there that have a “volume” practice who offer to do cases at cut rate prices (often these cut rate prices are to “start” the case and the attorney does not provide a fee contract). Many times, the income of these lawyers is actually substantially higher than other more qualified lawyers. Here is why. Let’s assume you think about hiring Attorney Smith. You found Attorney Smith in the yellow pages where he has a full page advertisement promoting low fees or Lawyer Smith has sent you, and thousand of other who had been arrested on a particular night a letter promoting his low fees. A yellow pages ad might cost Lawyer Smith $50,000 and he might spend thousands of dollars per month on mail outs. Because Attorney Smith gets so many calls from his ads and mail outs, he has to hire additional support staff to answer the phones and “screen clients” so that is more money toward overhead. Nevertheless, Attorney Smith is able to charge low fees because he has so many clients who respond to his ads and/or mail outs that he can make up for it and pay his overhead by running a volume practice. Often you will meet Attorney Smith for the first time in the courthouse when he shouts your name in the hallway. You will rarely, if ever, be able to get Attorney Smith on the phone to answer questions. If you resist pleading guilty and request a trial, many problems will arise. After all, how can Attorney Smith spend time preparing for trial and then sitting in a trial for several days? Simply put, he can’t because the house of cards he has created with the volume practice will collapse if he cannot meet the dozens of other clients who have cases set on the same day. Nevertheless, don’t feel sorry for Attorney Smith because he will often make much more money than the average attorney even after accounting for his high overhead. As a rough example, let’s say Attorney Smith charges $2,000 per case but handles 500 cases per year. That amounts to a gross income of $1,000,000. Now, lets say another attorney who actually returns your phone calls and has time to prepare your case and represent you at trial if that is in your best interest charges $5,000 per case but handles 50 cases per year. That only amounts to a gross income of $250,000. In sum, if you have a simple case in which you know there are no legal issues to raise and you absolutely know that you do not want a trial and you are not going to want to ask your attorney many questions, it could make financial sense to hire Attorney Smith. On the other hand, if there is any chance that you want to fight your case or you think you will have questions for your lawyer, spend the extra money now or you will have to spend even more later trying to undue what Attorney Smith did, or failed to do, for you.

BEWARE OF LAWYERS SIZING YOU UP Unfortunately, we have heard of many lawyers who attempt to determine how much money potential clients have and then charges them “as much money as they can afford.” We often see this with some California attorneys who advertise “national practices” on the internet. While it is admirable for an attorney to reduce her rate for a client with a low income, it is disgraceful for a lawyer to charge a wealthy client more than she would ordinarily charge because the client can “afford it.” Beware of lawyers who seem to be asking questions that are designed to determine your income or assets that have no relation to the charges against you.

LEGAL FEES IN STATE COURT WILL DEPEND ON THE TYPE OF CASE This is probably obvious. In state court, fees will almost always depend on the seriousness and complexity of the case.

LEGAL FEES IN FEDERAL COURT WILL BE SIGNIFICANTLY HIGHER As discussed on our website Broden & Mickelsen FAQs, there is a huge difference between state court and federal court. Almost all criminal defense lawyers are qualified to practice in state court. Nevertheless, very few criminal defense lawyers practice regularly in federal court. It is extremely dangerous to hire an attorney to represent you in a federal criminal case that does not appear regularly in federal court. Nevertheless, this means that there are very few lawyers to choose from if you are charged with a criminal offense in federal court. For example, in Dallas, there are probably less than 30 lawyers who appear regularly in federal court. Consequently, because of the limited supply, legal fees for criminal cases in federal court are often significantly higher than state court.

LEGAL FEES WILL VARY BASED ON THE LAWYER’S QUALIFICATIONS Again, this should seem obvious, although it is sometimes surprising what lawyers with minimal qualifications will attempt to charge a client. Some qualifications to look for is whether a lawyer is Board Certified by the Texas Board of Legal Specialization in criminal defense attorney. Texas Board of Legal Specialization Another is whether that lawyer is AV rated (the highest rating) by Martindale-Hubbell, an independent entity that rates lawyers. Martindale-Hubbell Another is whether the lawyer has been voted a “super lawyer” by other criminal defense attorneys and how many years he or she has been voted a “super lawyer.” Super Lawyers

FLAT FEE OR HOURLY FEE Generally criminal defense lawyers in Texas charge a “flat fee” for their representation (although they often charge a “split” fee as described below). An attorney should give you the option of paying an hourly fee, nevertheless, an hourly fee is generally more suitable for corporations that have very deep pockets. Individuals generally prefer the “flat fee” so they know in advance how much the legal representation will cost a the end of the day.

SPLIT FEE FOR PLEAS AND TRIALS Mostly all criminal defense lawyers in Texas will split the flat fee between plea and trial. For example. they might say that the fee for a plea is $5,000 but if the case has to be “set for trial there will be an additional fee of $5,000. At Broden & Mickelsen, experience has taught us to shy away from this type of fee arrangement. Although we will occasionally propose this arrangement where it seems very unlikely the case will proceed to trial, we believe such an arrangement interferes with effective representation because clients often times make decisions about how to defend their case based on financial concerns rather than legal concerns. Moreover, we have found that, in a large majority of cases, a plea offer will get appreciably better only after the case is “set” for trial. Therefore, even in cases that will not ultimately go to trial, it is often in the client’s best interest to at least “set” the case for trial. We would rather charge a fee in the middle (e.g. $7,500) and this way our advice to the client is not colored by the prospect of earning additional monies based on the advice we give and the client can make the decision as to whether or not to go to trial freed from the prospect of having to pay additional monies if he decides a trial is in his best interests.

CONTINGENT BONUSES We have encountered attorneys who attempt to charge a “performance bonus” if they can convince authorities not to indict the client, or if they win at trial, or if they get a case dismissed prior to trial. The Texas Lawyer Disciplinary Rules clearly prohibit such “bonuses” because they are “contingent” on a certain outcome. Texas Disciplinary Rules on Fees You would do well to avoid any attorney who does not follow the ethical rules of his or her profession.

EXPENSES In many cases, it will be necessary to hire a private investigator to investigate the case. In some case, it will be necessary to hire experts to assist the attorney or to testify at trial. It varies among attorneys as to whether these expenses are included in the legal fees charged. Again, however, it is important to have a written fee agreement so that it is clear who is responsible for these additional expenses.

OTHER ISSUES Many criminal defense firms, including Broden & Mickelsen, accept credit cards. Many criminal defense firms will not require the entire fee to be paid up front. For example, Broden & Mickelsen will generally require payment of half the fee up front and will make payment arrangement for the other half.



By: Clint Broden

About the Author:

THE CONVENIENT DEATH OF ATTORNEY BRYAN STONE

Bryan Stone wasn’t a criminal mastermind, as the State Bar of Texas would like the public to believe.  He was short and overweight, and had a small practice when I first met him.  Bryan Stone wanted to be successful, and for that he needed to play ball with the big boys at the State Bar of Texas.  He needed to obey their orders, even if that meant breaking the law, and breaking the law he did.  Bryan Stone took my case only to damage it as much as possible and prevent justice from being served.  However, he couldn’t keep up the pace of his deceit, and eventually it caught up with him.  A year after both him and attorney Ilene Smoger forged my signature on the back of the insurance check and cashed it, Bryan Stone ran out of lies on why it was taking so long for the insurance check to arrive.  In desperation, he had his former partner call my new attorney begging her not to proceed with my case because they would get in a lot of trouble.  Strong words coming from the mouth of a lawyer, pleading with a colleague not to do the right thing.  The night before he was supposed to tell my new attorney the whereabouts of the insurance money, Bryan Stone met with somebody inside his car at a parking lot in Dallas, Texas.  That night Bryan Stone died of a gunshot to his head.

The next day I received a call from my new attorney telling me that Bryan Stone’s former partner called her to let her know of his death, and that the insurance money was gone.  Bryan Stone’s former partner kept calling my new attorney and directing her as to who to talk to and what to ask, which I thought was unusual.  After that, my new attorney sent me a report painting Bryan Stone as a criminal who’d defrauded many, many people, including somebody for over a million dollars (this last part was not written in her letter, but she told it to me over the phone).  She insisted I could never recover my money because too many people were after his estate, and I had to forget about the insurance money both Bryan Stone and Ilene Smoger defrauded me.

Later, I found out that was a lie.

Here is a copy of her letter:

“Talya B.

Attorney at Law

December 4, 2000

Dear D:

As I promised, I am sending you a summary of my notes regarding your case, sorted in order of the source.  I am sorry your money could not be recovered from your former attorney.

Brian Stone

Deceased (?)

July:

First said he did have the check, but was prohibited from distributing the money by an agreement signed at the mediation, until all parties had signed the settlement documents, and the Defendant could not be located.  He also said you refused to sign a settlement agreement he drafted.  I know that I reviewed and did not approve of it, either.  Then he said you did not want to sign until the Defendant had signed.  He then said he had drafted a Motion to Compel and given it to you to sign, that he had filed with the court, and was awaiting hearing.

August 4, 2000:

Told me he had called the insurance company twice to request permission to release the money without the defendant’s signature, and that he was awaiting a reply.

Web Joiner

Home 972-XXX-XXXX

Office 972-XXX-XXXX

Former partner/associate of Stone.

Admitted that he was at the mediation.  He said Stone told him there were problems in the language of the release prohibiting him from distributing funds, but that he thought this was ridiculous, that the Defendant did not need to sign a release in order to distribute funds.  At the time, he said he believed Stone had not distributed the funds.

After Stone’s death, Joiner told me that Stone’s wife tried to have the corporation (‘P.C.”) (as Stone’s business was incorporated) placed into bankruptcy.  Joiner was apparently there, and told me that the Judge disqualified the corporate representative trustee Robert Newhouse, as Newhouse admitted that he did not actually know how much money, if any, the corporation had.  The judge threw out the bankruptcy case.

According to Joiner, many people were missing money, and none of them were listed as creditors of the P.C., nor were any informed of the bankruptcy meeting.  Joiner believed the P.C. had a $25,000 life insurance policy, but that the books were in such disarray that this might not even cover the cost of a forensic accounting.  He said the only way to get an accounting of what there actually is and what happened would be to get the case into probate court, but that Stone’s wife was fighting this, for obvious reasons.  However, she can’t sell the house until it goes through probate if the house is in both of their names.  Title must be cleared.  Also, the people that have been ripped off on the estate may force the Stone estate into probate.  But Joiner said he was not sure what would happen now.

Joiner told me that someone (he refused to tell me who and said he did not know how the source got the information) told Joiner that within a couple of weeks of Stone’s death, Stone’s wife paid off the house and the car.  The house had apparently been purchased only recently.

Joiner suggested that I call Gino Cisco (sp?), an attorney who officed next to Stone because he represents a beneficiary to an estate of which Stone was the executor.  Apparently Stone, over the course of the administration, sold a number of businesses belonging to the estate, and no one knows where the proceeds of the sale are.  The client did not get them.  In the spring, Cisko said that something was odd.

One interesting note was that the bankruptcy meeting was originally supposed to take place the day before, but when the trustee arrived he realized he had a conflict; he had previously sued Stone for bankruptcy fraud, and he had received a judgment for hundreds of thousands of dollars.  This judgment was upheld by the Fifth Circuit.

Joiner asked whether an autopsy would be done, and Earnest Leonard, the attorney who attempted to put the thing into bankruptcy, did not know.

Joiner thinks that Stone may have faked his own death, that this may not have been a suicide.  Alternatively, he may have been murdered.  Stone was president of his homeowner’s association, and acquired many clients that way, and stole from many of them.  Stone got a check for $5,000 on behalf of one client, cashed it, and kept the money.

Stone had a client who had half-interest in a strip bar; the other ½ owner owned a gun range in a bad part of Dallas.  The day before he died, Stone went to (the) strip club on business.  The next morning, Stone went to (the) gun shop and said (he) wanted to buy a) gun for his wife’s protection.  Was told (he) needed (a) background check, to come back at 1:00 p.m.  Some time that evening, he was found 1 block away, Joiner thinks in a parking lot.  Joiner does not know who found him.

 

Gino Cisco (sp?)

Mary is Gino’s wife and secretary.

214/XXX-XXXX

Mr. Cisco qualified his statements by stating that a lot of his information was pure supposition.  He guessed that your money was gone, that Stone spent it.  Cisco didn’t know anyone who had access to Stone’s books and records.  Even the bankruptcy attorney for the P.C. didn’t have any access to the P.C.’s financial information.  No one had authority to give the attorney rights to file for bankruptcy, and he could not affirm that it was really bankrupt.  Therefore the proceeding was to be thrown out.  However, the attorney that filed bankruptcy said he had seen a death certificate.

Cisco’s client was taken for about $90k-$150k.  Cisco said he heard that no cadaver had been logged in, the day after Stone was supposed to have died.

Cisco asked that I fax him the death certificate.  As far as Cisco knew no one had been appointed to take over their financial records.

John Norris

Calloway, Norris, and Burdette

214/XXX-XXXX

Just custodian of files, in charge of making sure that files get back to their rightful owners.

Sophia at the State Bar in Dallas has the physical files. 214/XXX-XXXX.  Legal Assistant.

If you have any questions, please do not hesitate to call.  You will not be charged for this letter, though the time (with no charge) will be on your next bill.  This letter took me approximately 45 minutes to write and send.  If you would like me to take any more action on your case, please let me know.

 

Sincerely,

Talya B.”

Fascinating, isn’t it?  Mr. Stone was quite a colorful character, per this letter.  A thief multiple times, and STILL allowed to practice law in Texas with a clean record.  He’d already been sued for bankruptcy fraud, and had defrauded several people.  My money?  Gone, spent by Stone.  No way to recover it.  Gone with the wind.

Oh, the intrigue!  I guess Talya B. thought that this letter would be enough to make me forget all about being robbed by Texas attorneys.  Her letter looks so professional.

However, regardless of what Bryan Stone did during his lifetime, or how many people he defrauded, or if any of the contents of this letter are true, this letter is nothing but a smoke screen to try to lead me to believe I cannot get my money back.

As fascinating as this letter is, it is irrelevant.  Nothing written on that letter matters to my case.  The one thing that matters, in order for me to recover my money, is that Bryan Stone is dead.  Period.

In 1971, the State Bar of Texas established the Client’s Security Fund to refund clients who’ve been defrauded by their attorneys, or whose attorneys have died before the client could collect the money.  I qualified for both requirements.  However, there was a big problem:  Ilene Smoger.  She and Bryan Stone had cashed my insurance check after my name was forged on its back.  Her name was on the front of the check (even though I had fired her as my attorney because she had already defrauded me of a previous insurance check).  The bosses at the State Bar of Texas were doing everything in their power to protect her, and that meant breaking every single law in Texas.  They wouldn’t – couldn’t – allow me to learn about the Client’s Security Fund and have me file a petition for the insurance money they owed me.  The check had been cashed by forging my signature, and both Bryan Stone and Ilene Smoger’s names were listed as the attorneys representing me.  So my new attorney wrote me a wild report depicting Bryan Stone as a master criminal who owed money to everybody and their mother.  She never mentioned, not once, the Client’s Security Fund, even though that was the place for me to request my money as it is the normal procedure when an attorney dies.

Another Texas lawyer breaking the law.  Déjà vu all over again.

Bryan Stone wasn’t a mastermind, as the State Bar of Texas would like the public to believe.  Bryan Stone was a patsy.  We all know what happens to patsies in Texas.

 



By: Deedee

About the Author:

“For the lawyer marketing, Internet is a key instrument for competent perspective that enlightens the services of the organization and then transfers them to clients. For users, the network easier to make the formal study and the procedure for locate a lawyer.

Lawyer marketing helps organizations the right to use the Internet to connect with customers rather experienced. Lawyer marketing make websites and on online advertising policies that unite scientific knowledge with the deep awareness of official business. Law firm advertising consultants and local consultants offer Web service and modern explanations for each organization to create a right to be visible in the crowd, the change of the Internet in effective and successful client team of growth for lawyers.

High Bar For the full list of options for solutions based on Web advertising Lawyer marketing includes knowledge of search engine optimization, site plan, and customized material. In addition to the belt until the influence of Lawyers Max-base the most beloved of online legal information – to force Internet traffic to our clients’ Web sites and personal pages.

It is very important for you to have a certified site, possibly with a blog attached to it. Then you have to work on your search engine optimization to ensure that crops of the website’s Internet explorations of related phrases or keywords. Above that, you have to make an online print program through editorials and press releases for their wider dissemination and coverage.

Here are some key factors that suggest time and time again for clients:

* A well-designed website with lots of content loaded with keywords

* Search Engine Optimization for add ranking in Google, Yahoo, and the rest.

* A production plan leads to the transfer of the client’s website to customers.

* A blog officially allowed to show their knowledge and improve their web presence in the fullness of time

* Some kind of public relations program online, through the ad and the piece from the writings of

* The strength, determination and a strong desire to achieve something

This way to overlap of web advertising is the means to successful outcomes. A number of lawyers and law firms that until now was aware of this, and are achieving new levels of efficiency of production as a direct result. Lawyer marketing ensure that you meet all the demands of customers. Lawyer marketing ensure that the website design, sale or lease is done correctly and there is room for improvement left. Lawyer marketing have a group of web designers and specialized professionals and consultants who will ensure that whatever you are doing is simply excellent and satisfactory. Lawyer marketing will definitely help you climb the ladder of success in this competitive business. “



By: Attorney

About the Author:

Ventura County has over 3,000 Ventura attorneys or Ventura lawyers registered with the State Bar of California. Some popular cities within Ventura County where Ventura County attorneys may be practicing law are Camarillo, Casitas Springs, Fillmore, La Conchita, Moorpark, Newbury Park, Oak View, Ojai, Oxnard, Piru, Point Mugu, Port Hueneme, Santa Paula, Simi Valley, Somis, Thousand Oaks, Ventura, Westlake Village, and others. With so many attorneys practicing law in Ventura County California, how do you find the right Ventura County divorce attorney or Ventura County divorce lawyer who can help you with your particular divorce case and/or child custody case?

First, an experienced Ventura divorce attorney or Ventura divorce lawyer should have experience and legal expertise in the field of family law. Family law covers a variety of topics such as divorce or dissolution of marriage, paternity, domestic partnerships, child custody and visitation, domestic violence, restraining orders, spousal support, child support, guardianship, adoptions, community property, division of property, and more. Some Ventura divorce attorneys may specialize or have more experience than others in specific areas of family law. For example, some Ventura attorneys are certified by the State Bar of California or an organization accredited by the State Bar of California as a specialist in the field of family law. Currently, Ventura County has approximately two dozen Certified Family Law Specialists (CFLS) registered with the State Bar of California. These Ventura County attorney’s have made efforts to become State Bar certified in the field of family law. In other words, of approximately 3,000 Ventura County attorneys in California, approximately two dozen are Certified Family Law Specialists (CFLS). However, just because a Ventura County attorney is not a Certified Family Law Specialist does not mean he/she is not qualified and/or experienced to handle a Ventura County family law, divorce and/or child custody case. In fact, there are many well-qualified Ventura County attorneys or Ventura County lawyers who do not hold State Bar certifications. If you are searching for a Ventura County divorce attorney or Ventura County divorce lawyer and you do not know what to look for or where to begin, narrowing down your search to only those who practice family law in Ventura County may be a good place to begin.

Further, an experienced Ventura divorce attorney or Ventura divorce lawyer should have success representing clients on child custody and divorce cases in Ventura County. He/she will likely be familiar with the judges, processes, and procedures in the Ventura County family court which an attorney outside of Ventura County may not have. However, just because an attorney or lawyer is not located in Ventura County California does not mean he/she is not qualified and/or experienced to represent you on a family law, divorce, or child custody case in Ventura County. Ultimately, if you have a child custody and/or divorce case in Ventura County, you will want to investigate any prospective attorney’s background and experience and choose the right divorce attorney or divorce lawyer you believe can help you with your Ventura divorce case and legal need.

© 2007 Child Custody Coach

Child Custody Coach supplies information, online materials, and coaching services to parents in the field of child custody, namely, divorce, child custody and visitation, child custody evaluations, 730 evaluations, parenting, and all issues related to child custody and divorce. “How to Win Child Custody – Proven Strategies that can Win You Custody and Save You Thousands in Attorney Cost!” is a unique child custody strategy guide written by The Custody Coach and made available by Child Custody Coach in an easy to read, understand, and apply E-Book format. Custody Match is an online consumer and family law attorney matching service to help you in your search for the right attorney for your divorce or child custody case. Custody Match can help you find the right family law attorney, divorce lawyer, or child custody attorney in your area.



By: Steven Carlson

About the Author:

Even though you are selling your home without a real estate agent, the assistance of a real estate professional is still needed at various steps in the home selling process.

Follow these tips and you will find the process goes smoothly:

The requirement of a real estate attorney depends on the laws in your state. Even if you live in a state where a real estate attorney is not needed, as a for sale by owner seller, it will still be beneficial for you to use one.

A real estate attorney can serve many purposes in the housing transaction.

When you hire an attorney that specialized in real estate, that attorney is responsible for seeing that your best interests are met in the housing transaction.

A real estate attorney can act as the escrow agent by holding down payments, documentation, and earnest money deposits. Not only that, the attorney can help you decipher and evaluate complicated offers you might receive from a buyer.

In the event that the lender’s attorney does not handle the closing, your real estate attorney will host and handle the closing. If the lender’s attorney does handle the closing, then your real attorney will represent you in the process.

Your primary concern should be to find a real estate attorney that will provide you with assistance you need in the housing transaction.

You can use a local or internet directory to find the names of some attorneys in your area. Asking friends or family who have recently sold homes for references is another way that you can find an attorney to assist you.

If there are neighbors with “for sale” signs in their yards, you can casually inquire about the real estate attorney they are using. Hiring an attorney that comes as a reference is often better than cold calling attorneys.

As you look for a real estate attorney to hire, you should choose one that works primarily with real estate transactions. Avoid choosing a criminal or family law attorney that handles real estate transaction on the side.

Your interests will not be best served by an attorney that does not spend a significant part of his or her time in real estate transactions. Certainly do not hire an attorney that has never worked in real estate.

Along with experience in real estate transactions, price will be the other factor you use to choose a real estate attorney.

The attorney you hire will have two major responsibilities: reading and advising you on documents and representing you at closing.

Get a price quote from prospective real estate attorneys on those two tasks. You can get a discount from the attorney by letting him or her know that you will be preparing and filling out some of the documentation.

Shop around among several real estate attorneys to get a feel for experience level and price charged.

The most important thing is that you have a real estate professional available to assist you through the transaction. Even if you have successfully sold a for sale by owner home before, it is better to have legal assistance than to attempt to complete the process on your own.



By: Geri Mason

About the Author:

This probably won’t come as any great shock, but it’s never a good idea to go into an IRS office by yourself if you discover that you are being audited or that the IRS is looking upon you with suspicion. In such a case, you’re always better off taking a tax attorney with you. And while hiring a tax attorney may seem like a financial burden, it’s a burden that you need to shoulder. The cost of using a tax attorney is far less than the potential cost of not using one if you end up having to pay dearly as a result of an audit.

Here are five reasons you need to hire a tax attorney:

1. The main reason to hire a tax attorney is peace of mind. There are few things in life more frightening than finding out that you are the target of an IRS audit, but hiring a tax attorney can keep you from being completely overwhelmed and filled with dread. You should never attempt to represent yourself in such a situation as tax law is a complex field and should be left to a seasoned professional.

2. A good tax attorney has lots of experience dealing with the IRS and knows how negotiate with them. They know all about tax liens, levies, and tax debts, and can ensure that you end up with as little tax debt as possible.

3. There exist two different kinds of tax attorneys. The first kind is a personal attorney. A personal attorney can help you if you are personally audited by the IRS. And, as the name suggests, a corporate attorney will assist you if your business is audited by the IRS. Be sure to hire an attorney that can help you with your specific needs. Hiring a personal attorney to help with a business audit may provide some benefit, but you won’t get the expertise from a personal attorney that you would get from a business attorney. But whether you need a personal attorney or a corporate attorney, an experienced IRS attorney will make sure that you avoid the maximum penalties that the IRS can issue to you.

4. The auditor is not your friend. No matter how friendly and helpful he or she may seem, the job of the auditor is to get as much money out of you as possible while still following the law. The job of the IRS attorney, as much as possible, is to keep the auditor out of your money. Stand back and let them do their respective jobs. You’ll sleep much better at night.

5. Seasoned tax attorneys know tax law inside and out. They know the loopholes, they understand the legalese, and they know how to negotiate. Don’t be tempted by the prospect of quickly studying tax law. You’ll never be as effective in your own defense as a tax attorney will be.

While it’s true that hiring a tax attorney can be an expensive endeavor, in the end, you can’t afford not to hire one. Given the amount of money that you can save by using the services of an experienced attorney, and given the peace of mind that comes with knowing that a professional is looking out for your best interests, the price of a tax attorney is well worth it. When you have a tax attorney on your side the first time you walk into the office of the auditor, you’ll realize just how much you’ve saved in anxiety and, if all goes as it should, penalties. So get recommendations from friends and families and hire a reputable local tax attorney. You’ll sleep better!



By: Seomul Evans

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Most “standard” real estate contracts and leases contain provisions that state something to the effect, “If there is any dispute as to the agreement, the winning party is entitled to attorney’s fees.” Is this a good idea?

Well, yes and no. First, understand that attorney’s fees are generally not awarded by the court to the winning party in a lawsuit. There must be either a specific statutory provision or a clause in the disputed agreement that calls for attorney’s fees. In addition, a court may award attorney’s fees where there is “bad faith” on the part of one of the litigants, but judges rarely enforce this rule.

If you have to sue another party to a lease or contract for $100, it hardly seems worth the effort if you have to pay your attorney $2,500 to file the lawsuit. In such cases, the opposing party may thumb his nose at you and say, “so sue me”. The court system is very unfair to the poor in this regard. However, if you are the potential defendant, it works in your favor if someone is thinking of suing you for some bogus reason and you know that they can’t afford an attorney.

So, should you always insert an attorney’s fee clause in every contract or lease that you sign? Well, that depends on whether such a clause inures to your benefit. For example, if you are a landlord, chances are you will be suing your tenant for non-performance of the lease, not vice-versa. So, having the ability to get attorney’s fees if you win is to your benefit. Of course, this may be futile, since any judgment may be uncollectible, whether for $100 or $10,000. But, if you think you can collect a judgment, go ahead and put the clause in your lease.

Another example might be a purchase contract with a seller in foreclosure. Suppose you have an agreement to buy a property from a seller who is near insolvency. If he breaches the agreement, you can sue, but what will you get? On the other hand, if he can convince a court that YOU are in breach, you could lose and end up paying HIS attorney’s fees. Thus, you can see how an attorney’s fee clause may work against you. If you get into a dispute with a seller or buyer and they cannot afford an attorney, you reduce your risk if something goes bad. Remember, whether you are right or wrong in your actions involving a real estate deal, it’s what is proven in court that matters. Having plenty of trial experience, I can tell you that going to court is a gamble – sometimes you win, sometimes you lose, and truth and justice have little to do with it.

Finally, some agreements will state that if one party must enforce the agreement in court (e.g., the landlord in a lease), the landlord is entitled to lawyer fees. Many courts will apply the rules in reverse, even if the agreement doesn’t explicitly state. So, you cannot necessarily limit attorney’s fee if one party wins but not the other.

As with any transaction, you could consult with an attorney before drafting any agreement you are uncertain of.

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By: Attorney William

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If you or a family member have been injured in Florida, injury attorney consultation is a good idea to determine if you are entitled to damages and to protect your rights. Damages which you may be entitled to include wage loss, pain, suffering, loss of enjoyment of life, lost earning capacity and past and future medical expenses related to your Florida injury. Attorney assistance can be provided by a Florida injury lawyer with expertise in the areas of negligence, premises liability, insurance law and the law on damages. For those interested in claiming compensation for personal injury in Florida, injury lawyer investigators and experts will be hired on your behalf to take witness statements and to determine who was at fault.

Considerations when hiring a Florida injury lawyer are many. First, when insurance companies evaluate your Florida injury, lawyer teams hired by the insurance company will be advising the insurance adjuster handling your claim how to minimize insurance company exposure even if you were not at fault. A Florida injury attorney can assist you with filling out applications for medical benefits, deal with the insurance adjuster and obtain the police report that is required to be filed if there is a reported Florida injury. Attorney skill is necessary to prepare a demand letter, negotiate with the insurance company and advise you whether to settle or go to court.

Also, many insurance companies know if your Florida injury attorney is willing to go to court for you if they do not offer a sufficient sum of money to compensate you fully for your Florida injury. Attorney skill in trial and in a courtroom should be evaluated closely to determine whether the attorney is the right person for you. Most often, a highly skilled Florida injury attorney with a reputation as a skilled trial lawyer will settle more cases at higher amounts than a Florida injury lawyer known to settle many cases without litigation. Willingness to go all the way through trial should be a question every client should ask their Florida injury lawyer before hiring them.

Another consideration is whether the attorney has the necessary resources to advance funds to fight the insurance company. In Florida, injury attorney ability to finance a case varies significantly. Remember, the insurance company has unlimited money to hire the best experts. Ask any Florida injury attorney that you are considering whether he or she is willing to hire experts on your behalf and at what cost.

A further consideration is whether the attorney will handle the case himself or refer it to another lawyer in Florida. Injury attorney experience is that your case may not be handled the same way by trial counsel a year down the road. Unless the case is being referred right away to trial counsel, it is a good idea to highly scrutinize this type of Florida injury lawyer.

An excellent way to find a quality Florida injury attorney is through the internet. Google, Yahoo and other major search engines provide access to numerous sites with extensive information on Florida injury lawyer and attorney qualifications as well as legal and medical information related to Florida injury. Attorney law practices throughout Florida host excellent web sites which can help you sort out the numerous issues that you must deal with to protect your legal rights.

Your chosen Florida injury attorney or lawyer likely has a convenient phone number and e-mail contact form on their site to allow clients to consult with them from anywhere in Florida. Injury attorney trends on the web include instant messaging, text messaging and Skype computer voice contact capability. Whether you find a Florida injury attorney through the internet or other means, there has never been a time when access to legal services has been better. A Florida injury lawyer and attorney is available for free consultation throughout Florida now.

For more resources about Florida Injury Lawyer or even about Florida Injury Attorney please review this website http://www.flainj.com



By: Groshan Fabiola

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Personal injury attorneys provide valuable legal assistance to those injured in an accident through no fault of their own. Attorneys have the skills to help victims of personal injury obtain justice through compensation, in the form of monetary damages for medical bills, lost wages, and pain and suffering. In certain instances, personal injury victims may even be entitled to punitive damages.

Financial Effects of Injuries

Injuries can cause much more than physical pain. Financially, injuries can be devastating. Victims of personal injury may not be able to return to work, and may be crippled by ever-mounting medical bills. Attorneys are able to obtain settlements and verdicts from the parties responsible for serious injury. In the case of fatal accidents, wrongful death claims can secure damages from the responsible party. Compensation can never take away an injury or a loved one’s unexpected passing, however, it can ensure a future free of financial worry.

Types of Accidents

Personal injury lawyers represent victims injured in all types of accidents, including car accidents, truck accidents, motorcycle and bicycle accidents, pedestrian accidents, slip and fall accidents, construction accidents, boating accidents, aviation disasters, and accidents caused by defective products. Wrongful death attorneys provide representation to surviving family members of those killed in fatal accidents.

Serious Injuries

Types of injuries resulting from a serious accident can be mild to severe or even catastrophic, and may include broken bones, abrasions, burn injuries, spinal cord injuries, traumatic brain injuries and other types of trauma. Some injuries are so serious that victims require lifelong medical care. An experienced attorney can help you obtain the highest possible compensation for your injuries, and ensure all of your medical needs in the future are taken care of.

Discussing Your Case With a Personal Injury Attorney

Talking to an accident attorney can help you better understand your legal rights, and ensure you do not miss out on an opportunity to recover the compensation you need for your injury.  Don’t trust your case to just any lawyer – find a law firm with experience handling your type of case. All cases are different, and compensation can vary widely depending on the type and severity of the injury, and other factors. If you have been injured, discussing your case with an experienced and qualified attorney with a proven record of success is an important first step to obtaining justice.



By: California Personal Injury Attorney

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