Random thoughts
I was just looking around on the Internet today and I noticed that there are so many attorney websites out there that it must be very difficult for someone to pick the right attorney for them. Almost all of the attorney websites I see represent the attorneys as “one of the best” or something along that line. Here is the real issue, are all of these attorneys really as good as they say they are? The short answer is NO WAY!
They hire companies, like the one I used to work at, to write all of their content, and then they have it on their site. Listen, I understand marketing. I understand legal marketing. I approve of it, and I actually do it. But here is the difference, I do for lawyers and law firms in a way that is ethical and at the same time more effective then these large companies that spit out countless attorney websites that all look the same or feel the same.
My suggestion would be to anyone looking for an attorney, do your homework. A great website does not make a great attorney, however a great website does not make a bad attorney either. A creative website can often mean that the law firm is creative and that can be a good thing for you. So my point of this post is really nothing. Just be careful, do your homework and feel free to come back to my blog often to see different topics, from legal direction and help, to updated news in the legal world, to simple random thoughts like this one which really are just here to serve you.
Drug Crimes
If you’re facing drug charges in federal court or in a state court I would strongly suggest that you contact a criminal defense lawyer as fast as you can. If you do not know where to find a criminal defense lawyer I would recommend that you go to www.legalberry.com and find a local attorney that is experienced in defending drug crimes.
Defending a drug charge in federal court is much more difficult than in state court. Whether it is federal or state court the prosecutor must still prove the facts but federal authorities usually do a more thorough job of investigating the case. Due to the nature of must federal cases it is more likely the prosecution might have wire taps of conversations, video and audio surveillance, and financial records that have been reviewed by experts to demonstrate that assets came from illegal drug activity.
When hiring a drug crime defense lawyer remember that experience can make a huge difference. The biggest difference between being charged with a federal drug crime and a state drug crime is the difference in the potential prison sentence. The Federal system is much more severe, even first-time offenders may face mandatory minimum sentences of 10 years, 20 years, or even life in prison. In Federal Court, probation and parole are usually not available if you are convicted of a serious drug crimes. In most state courts a first-time offender is eligible for probation or early release due to their behavior.
What is Loan Modification?
Why would a Bank Offer Loan Modification?
If you stop making payments, the bank has several options.
- Attempt to repossess property (a home foreclosure)
- Attempt to collect, or hire somebody to do so
- Give up hope and accept the loss
- Watch you declare bankruptcy and receive little or nothing
None of these options are attractive to you or the bank. Your credit will suffer, and there’s a financial cost to the bank.
So because of this banks offer loan modifications so that they don’t have to do any of the above. Loan modification can be less expensive and more profitable for banks, but not in every case.
The question now is how do you get a Loan Modification?
To get a loan modification you generally have to ask. Call the bank and let them know about your financial situation. Just be honest and explain whether or not you’ll be able to make your payments. If they agree, you may qualify for a loan modification.
Banks have different criteria, so there is no way to know ahead of time if you’ll qualify for loan modification – you just have to ask.
Banks can change the terms of your loan to make the payments more affordable. These changes may be permanent or temporary. In any case, the result is a more manageable payment.
To make the process smoother, be prepared, and or have an attorney representing you when you request a mortgage modification. The bank will want evidence that you cannot make payments. Gather the following items:
- Monthly income, and detail of where it comes from
- Monthly expenses, broken down by category (mortgage, food, transportation, etc)
- Paystubs
- Bank statements
- Loan statements and agreements
How Long Does it Take?
You should expect to spend several hours of your time requesting a mortgage modification. You’ll wait on hold when you call, you’ll have to present your case, and you’ll have to hunt down documents and forward them to the bank. This is no small task.
After you request a mortgage modification, you should expect to wait several weeks before the bank actually does anything. During that time, do what the bank tells you – for example, they might say that you have to continue making payments to qualify for the mortgage modification.
Should I hire an attorney to help me?
Depending who you ask the answer might very well vary. Example, plenty of businesses want to help you request a mortgage modification. The price you pay for their services can be steep – often as much as a monthly mortgage payment.
Remember you don’t need anybody to help you request a mortgage modification (your bank makes a decision based on your financial situation, not who is asking). However, a qualified attorney might be able to present a better case.
Whether using an attorney or doing it yourself you’ll have to provide the same information to the helper as you will to the bank. If you want to pay an attorney for their time and guidance, that’s fine – just be aware that you don’t have to.
Why would I Want a Real Estate Attorney
Successful Real Estate attorneys have represented individual property owners, land developers, lenders, construction companies, real estate firms, landlords and tenants.
They should be able to handle residential and commercial property disputes – no transaction is too big or too small. It doesn’t matter if it is the purchase or sale of multi-million dollar businesses or the purchase or sale of an individual home. A quality Real Estate lawyer will have the ability and success to handle all clients, including YOU.
When looking for a firm you want one that handles all aspects of the real estate transaction (i.e. negotiating and drafting the contract of sale), reviewing financing papers, appraisals, surveys, and title abstracts. They should have successfully represented owners, landlords, and tenants in negotiating, drafting, interpreting and enforcing leases and subleases.
If you are looking for advice and direction, you need to seek the advice of a quaility Real Estate Lawyer, you can find one at LegalBerry. Your attorney should be with you at the beginning of the negotiation process. When it comes to closing, he or she will help you understand all the documents you will need to sign.
Real Estate lawyers have the expertise and knowledge to assist you with real estate transactions, including:
- Purchase and Sale Agreements
- Leasing of Property, Homes, Offices
- Mortgages
- Liens
- Contracts
- Foreclosures
- Construction Hazards
They can help with the financing on:
- Homes
- Condos, Townhomes
- Office buildings
- Co-ops
- Houseboats
- Apartment complexes
- Restaurants
You might need a Real Estate attorney to defend you against:
A Homeowner’s Association:
- Fines, assessments and rules
- CC&R’s
- Voting and recall of Board members
- Architectural approval
A Government Agency:
- Zoning, Permits
- Land Use
- Environmental
- Sub-dividing
Miscellaneous Issues:
- Buying, selling, leasing property
- Developing property
- Construction defects
- Issues with real estate brokers, escrow officers, lenders
- Commercial – landlord and/or tenant issues
- Mold, asbestos, other hazards
- Problems with neighbors
Questions to ask A Criminal Defense Attorney
Many people have emailed me asking what they should do to prepare to meet with their attorney. I will try over the next few weeks to give some advice on this. I have chosen to start with “What to do before meeting with a Criminal Defense Lawyer.”
As always I recommend that you research the attorney online before making an appointment. Lets face it seeing a criminal defense lawyer is never easy. In fact it can be a bit embarrassing. So with that said, I want to try and help you feel very comfortable before you go in and see a stranger and tell them all about this “crime” you are being charged with.
A great place to find local attorneys will be Legalberry.com, but until we have completed our massive online legal portal I would suggest either using Google to search for an attorney or use one of the two current legal portals that I have used, Findlaw.com or lawyers.com.
Okay here we go, like I said facing a criminal charge is usually a very scary thing for anyone being accused of a crime. This alone would make it vitally important to be represented by a quality criminal defense lawyer. If you are not prepared before you go and see your potential new lawyer it usually turns out to be a waste of your time and the lawyers, not to mention you had to sit through the embarrassment or discomfort of spilling your guts.
The first thing that your lawyer will want to understand is what you are seeking them for, and what your side of the story is. Criminal actions frequently involve very different events from your story and the polices story. Because of this I recommend that you write down anything that you consider be relevant information and have it available for the lawyer.
Ask the firm when you call to make an appointment if they have any questionnaire that you could fill out beforehand to bring to the attorney when you meet. This usually will help you make sure that you have all of the relevant things that your attorney will need to evaluate your case. They will also want to see any of the following documents if you have them.
- Any documents you received from the court showing your charges and next court appearance date
- Your bail papers
- Any paperwork the police left with you
- If you can get a copy of the police report
You have to feel comfortable with your attorney. You want someone who is skilled at criminal defense and you also have to get along with your lawyer. Once again that is why I highly recommend you learn about your potential lawyer before just going in to see them. Read their website; see what separates this attorney from the others that you can choose from. The days of just picking up the yellow pages and calling the “local lawyer” are over. Just because someone has a big ad in the yellow pages does NOT make them a good lawyer.
Prepare a list of questions to take with you to your first meeting. I know that for some superstitous people the number 13 is unlucky. So if that is your case then combine one of the questions below. But for those of us that are not here is a list of 13 vital questions to ask your potential attorney:
- What are your options?
- Has the attorney handled a case like yours before? And if so how many?
- What problems does the lawyer foresee with your case?
- What is their strategy?
- What is the process?
- How long will it take to bring the matter to a conclusion?
- Does the attorney practice other areas of law other than criminal defense?
- Very important question in my opinion is, “How often do you advise your clients to plea bargain?”
- How often do you go to trial?
- What are your fees?
- Do they take credit cards?
- Do you accept payment plans?
- Will the lawyer you are meeting with be handling your case personally or would it be passed on to some other lawyer in the firm?
Well I hope that helps. As always there are more questions that you could ask and my biggest recommendation is research the attorney first and do NOT hire anyone that you do not feel comfortable with.
10 Questions to Ask an Attorney before retaining them
Print this list off and take it with you whenever you are going to interview a lawyer that you want to potentially hire.
I have seen, and heard of, many people that find a lawyer either online. the yellow pages or a referral from a friend. They go to see that attorney and they retain them right on the spot and then weeks later they regret the fact that they did not do any research first. Here is the bottom line, there are more quality attorneys out there than there are bad ones. The problem is we only hear about the bad ones. That is why I am suggesting that before you hire an attorney ask some questions. I have provided you with a good list to start with.
- Have you handled cases like mine in the past? If yes, what is your experience?
- Based on your experience what are the possible outcomes you see in my case?
- Approximately how long do you see this case lasting before completed?
- What do need as a retainer and what is your hourly rate?
- Can you give me a ballpark figure of how much you think it will cost me for everything?
- Do you recommend mediation or arbitration?
- How often do we need to talk and how will you keep me informed of progress?
- In a couple of words, what type of approach will you
take to resolve the matter?- aggressive and unyielding
- more inclined to reach a reasonable settlement
- Who else in the office will be working on my case?
- Can junior attorneys or paralegals in the office handle some of the substantive legal work at a lower rate?
As always, remember that you can visit LegalBerry to search through different lawyers in your local area that can help you with your legal need.
Ways to Prevent a DUI
Okay before I even get started let me say that I in no way am trying to help anyone figure out how to drive drunk and get away with it. My concept is to help bring awareness to what might be going on inside someones head and to prevent it. So with that said, The easiest and most obvious way to avoid a DUI charge is to not drink and drive.
A designated driver is the best option if you know you are going to be drinking. This is a very simple and effective solution. before you or your friends starting drinking any alcohol, choose a designated driver and an agreed time to leave so that no one is left to get home on their own. Perhaps if you go out with the same group of friends on most occasions, take turns volunteering to be the designated driver.
Okay now onto what to be aware of if you didn’t plan ahead. If you have any alcohol to drink, know that your reaction time is slowed and that you are putting yourself and others at risk if you then get behind the wheel of a car. If you have any doubt about your capacity to drive, a taxi assures you of reaching your destination safely.
If you are the host or hostess of a party, it is a good idea to have everyone turn over their keys before the drinking begins to a responsible person who intends to remain sober throughout the party. That person can hand back keys to drivers who have clearly not been drinking. This reduces the chance that the person holding the party will be charged with serving alcohol to an intoxicated person.
If a person wants their keys returned and is too intoxicated too drive, you can let them think they have lost their keys and offer to get them a cab to their home or find a sober driver to take them home.
Never get into a car with a person who has been drinking. I do not care how “not drunk” they say they are do not do it. Call a cab, call a friend or family member, or stay where you are.
If you are driving and see an erratic driver, call 911 and give the location of the driver. You are not only saving the driver from a possible accident, you may be saving the life of the person that driver hits.
Well that is it for now. If you have been charged with a DUI find an attorney that specializes in DUI defense and go see them right away. As always once completed you can visit: Legal Berry’s attorney directory to find a quality DUI lawyer. In the meantime try Lawyers.com or Findlaw.com.
Some other resources for you:
Chapter 7 Bankruptcy
What is a chapter 7 bankruptcy?
The technical definition of bankruptcy under the federal bankruptcy statute is:
- a discharge and release of the debtor from personal liability for certain specified types of debts.
In plan, simple, easy to understand language, the debtor is not required by law to pay any debts that are discharged.
This action will then operate as a permanent order directed to the creditors of the debtor that they refrain from taking any form of collection action on discharged debts. This can include:
- Any type of lawsuit filled against the debtor
- Any communications with the debtor, such as:
- Telephone calls
- Harassing letters
- Any personal contact
There are certain circumstances that will not relieve the debtor. For example property used to secure a debt may still entitle the creditor to enforce a lien to recover the secured property.
My strong recommendation is that if you are considering bankruptcy for any reason, you should contact a local bankruptcy attorney and find out ALL of your options. You can visit LegaBerry’s Bankruptcy Lawyer Directory to find local bankruptcy attorneys and see if you can find one that you would like to talk to. Ask if they are willing to give you a FREE consultation and at the very least check you options.
Good luck…Thomas
Using Self Help Law Books
Before you use any information that I give you here on this blog or any information that you might get from LegalBerry or any other “Free Legal Information” site I encourage you to realize the advantages and the disadvantages of doing your own legal work. You most also understand the challanges and the attention to detail this will require.
In todays economy the growing trend, especially in family law and criminal law, is to handle your own legal matter. I have read that in some states more than 75% of poeple facing divroce have tried or are trying to do it withou the high cost of retaining an attorney. Because of this we will attempt over the next few months to be able to provide you with many pre-written legal forms and also once completed LegalBerry will have an entire section devoted to self help in terms of legal direction anyhow. We can’t help you with other issues like that crazy brother of yours:)
When buying a car you weigh the options. Usually you will sacrafice gas millage for power. Sporty looks for functionality and so on.
The same is true with decideing to represent yourself. Many legal situations are straight forward and any person with average intelligence and a little direction could handle it. But be aware that complications may arise. There are many local rules of the court (see our links to local courts on the right)you might not know or recent cases that have swayed the way the court will respond. You might not know them because it was a recent decision and the book or site you are getting your information does not have the updated information.
Therefor, in making the decision to go at your legal issue on your own is simply a cost/value analysis. You have decied that the money you are going to save outweighs the chance that something could go wrong.
In working with attorneys as close as I have over the past few years the one thing that they say hurts people more than anything else is that they attempt to handle an issue without legal advice and thus they make it worse than it should have been.
As i have mentioned above the choice you make to represent yourself is a difficult one. Especially in todays econmy. That is why I am going to encourage you to visit LegalBerry’s Lawyer Directory and do a quick search for a local attorney:
- One that practices in the area of law that you are dealing with.
- Visit their website
- I strongly recomend that you pick up the phone and give one of them a call.
Find an attorney that is willing to give you a FREE consultation and pick their brain. Even if you decide to go at it on your own you will have at least got some direction so if you need legal help down the road you will have the comfort of knowing that you made the right choices with an informed mind.
What to look for in a Wrongful Death Attorney
What to look for in a Wrongful Death Attorney.
When you lose a someone you love because of someone else’s negligence, whether that was because of a fatal accident caused by a drunk driver or a hunting accident, you need to know that your attorney truly cares about you and truly understands all of the intricacies of a wrongful death lawsuit.
You need a law firm that has a track record of success in personal injury and wrongful death litigation. They must understand that, at its heart, a wrongful death claim means that you are facing a loss in your life. You are probably riding a roller coaster of emotions and you need to step back and let them take over. And lets face it in order to do that you need to trust them and have confidence in their ability.
After losing a loved one in a fatal accident, your lawyer owes you more than just simplistic advice. If they have a lot of experience in dealing with wrongful death claims they should be able to, at the very least, help you make sense of it, and give you the assurance that they will be at your side through everything.
Visit with an attorney that will give you a free consultation and make sure that they won’t just meet with you once and expect you to hire them. Ask them if they will meet with you on a schedule that allows you to work through the immediate problems you face, including funeral arrangements, questions about an autopsy and collecting life insurance.
Visit LegalBerry’s lawyer directory to find a Wrongful Death Attorney near you. One that meets the qualifications that you set.
I know that this is a very difficult time for you and I hope that the information I provide for you here can at least help in some way.
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