Getting Legal Help. Hiring a lawyer can save you heartache and money in many cases, but you may ask yourself, is my situation one of them? Here are some instances when retaining an attorney may make sense.
Court Cases. Give yourself the best possible chance of prevailing on your claim in small claims court by understanding the process and being prepared. If your neighbor is crowding you out of your own home or yard, it's time to take action.
Estate Planning Basics. While not every estate needs a probate lawyer, having an experienced attorney as an ally can be a big help to an executor or administrator — but how much will it cost and who is paying? The terms "lawyer" and "attorney" have a lot in common, but not all lawyers are attorneys.
Finding the right lawyer for your needs may seem like an intimidating process, but, as with any other consumer transaction, doing your research is key. At one point or another, many people find themselves in a situation where they're in need of the services of a good lawyer.
Whether it's handling a real estate transaction, setting up a business, or dealing with a family law issue, there are a vast number of situations where the experience and expertise of a good lawyer will be necessary. So, You Need to Find a Lawyer. By filing a no-fault, uncontested divorce with an agreement an attorney has reviewed, you can get a quick divorce.
A quick divorce can save money on legal fees, and it also can save a lot of stress. When to Hire a Lawyer by Edward A. You Could Go To Jail If you are charged with a crime, including domestic violence, tax fraud, or even some motor vehicle offenses such as driving under the influence, vehicular homicide, or so many unpaid parking tickets that an arrest warrant has been issued , hire an attorney.
Your Opponent Has an Attorney You will be at a disadvantage if you try to go up against an attorney representing your adversary. Bodily Injury Is Involved The most common situation is an automobile accident, but this could also involve a variety of situations, such as someone being bitten by your dog or getting injured on your property, or injuries due to a defective product. You Are In A Complicated Divorce If there are disagreements over assets or children, if there are allegations of domestic violence, or if you have a sufficiently complex financial situation so that the division of retirement benefits or serious tax considerations come into play, you will need legal assistance.
You Want To Do Comprehensive Estate Planning It is possible to prepare a simple will, power of attorney, living will, or even a basic living trust without a lawyer. You Are Adopting A Child Adopting a child is an important matter, and an attorney will assure things are done right. A Contract Is Needed It is essential that you understand the terms of any contract you are asked to sign.
Complex Business Matters If you need a complex business organization multiple entities , have complex tax matters, need to file for a patent, or become involved in litigation, hire a lawyer. When to Consider Representing Yourself Provided you feel comfortable handling the matter yourself, there are several situations that are more conducive to self-representation.
These include: Parking Tickets And Minor Traffic Violations Most people who go to traffic court for these minor infractions do not hire a lawyer. Small Claims Court Is Available Most states have a specialized procedure for dealing with relatively minor disputes, typically involving claims below a certain dollar amount. The Value of Hiring a Lawyer Legal services generally do not come cheap.
Other Options Aside from hiring a lawyer or going it alone, you may have other options such as contacting a state agency such as a consumer protection agency or a commission for public utilities, insurance, or banking. About the Author Edward A. Related Topics. Facebook Twitter. Failing to file the appropriate documents at the state or the county level may result in dire consequences, such as:. If you're selling a property, having an attorney represent your interests isn't a legal requirement in most states.
However, not having one increases your chances of being sued by the opposing party for failure to disclose certain information. That is because an attorney must review the home inspection and disclose relevant facts about the property to the other party. Suppose the other party is a corporation or a partnership, and the transaction is improperly completed. Then, they might sue you for not clearing the title to the property, failing to disclose certain defects, violating a corporate charter, or something else.
While having a lawyer will not insulate you entirely from such litigation, obtaining legal counsel will certainly reduce your risk. An attorney will be much more likely to secure a clear title and make the appropriate disclosures. Lawyers can certainly help if you face discrimination during the home buying process. Even though most real estate lawyers do not specialize in that area, they will probably know an attorney who does.
However, don't let anyone convince you that you need to have lots of money or a high-priced legal team to respond to discrimination. Laws exist to protect everyone, regardless of income. Mortgage lending discrimination is illegal. If you think you've been discriminated against based on race, religion, sex, marital status, use of public assistance, national origin, disability, or age, there are steps you can take.
Having legal counsel makes good business sense because of the complexities that come with real estate transactions. Experienced real estate attorneys can help to protect your interests. They ensure that your transaction adheres to the applicable rules of your state and municipality. That way, the closing process can work to the satisfaction of all involved.
Real Estate Investing. Purchasing A Home. Actively scan device characteristics for identification. Use precise geolocation data. Select personalised content. Create a personalised content profile. Measure ad performance. Select basic ads. Create a personalised ads profile. Select personalised ads. Apply market research to generate audience insights. Measure content performance.
Develop and improve products. List of Partners vendors. Your Money. Personal Finance. You will need to decide what type of ownership structure makes sense for your new business. Most states have information on their secretary of state SOS website about the different types of business entities you can choose from—solo proprietor, LLC, corporation, and partnership.
There are also many online and other resources available to help you understand your choices. Figuring out what type of ownership structure best suits your needs will depend on the type of business you have, the number of owners, and your financing. Although many entrepreneurs make this decision on their own, you may have questions about liability, tax, ownership, or other things that you should discuss with a lawyer or an accountant before you decide.
Choosing a name for your business is another initial step you will need to take. While there are some legal requirements related to naming your business, this can usually be done quite easily without the help of a lawyer. The first thing you will need to do is check whether the name you want is available in the state where you plan to form and operate your business.
Most states have a business name database on their SOS website with the names of all the businesses that are already registered in their state. You should find instructions there about checking for name availability and how to reserve your business name if you decide to do that. Once you've determined that the name you want to use is available in your state, you will want to make sure it is not a registered trademark. You can do this by checking online with U.
Are you planning on having a business website? If so, you should also check for domain name conflicts. Once you have decided on the business structure and a name of your new business, you are ready to form your business entity.
If you've decided on a sole proprietorship or partnership, you won't need to file any forms or pay any fees although partners should enter into a partnership agreement. If you have decided you want to form an LLC or corporation, you'll need to file organizational documents with the state and pay a filing fee. These forms generally require only very basic information, like the name and the address of the new business, the name and address of your registered agent, and a few other items. There are usually detailed instructions on the SOS website about how to complete the form, pay the filing fee, and file the document with the state.
There are also online resources and companies that can form your business entity for you, such as Nolo's online LLC. In addition to registering your business entity with the SOS's office, you will need to create bylaws if you are forming a corporation, or an operating agreement if you are forming an LLC.
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