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If you need legal assistance but do not have a lawyer‚ there are several sources that you may use to help you locate and select an attorney:
1. Recommendations from friends‚ family members‚ and co-workers can be helpful‚ particularly if you ask an individual who has had a legal question similar to yours.
2. The Federal Bar Association will begin offering a free “Need an Attorney” search listing to the public this summer. The general public will be able to search for an attorney in their local area. The directory includes participating FBA members. This is not a referral service and the FBA does not endorse the services of any of its members.
Many people believe they need an attorney’s services only to solve a problem or to get out of a difficult situation. Often‚ the best time to see an attorney is not when you are in legal trouble but before that trouble occurs. Preventive law is one of the most valuable services that a lawyer can perform. By eliminating potential problems, preventive law can save you time‚ money‚ and needless worry.
It is not illegal for you to represent yourself in court or to handle your own legal matters. There are also "kits" and "forms" which some people use for such matters as getting a divorce or making a will. Judges and court personnel are not allowed to give you any legal advice as your case proceeds.
You may discharge you attorney simply by informing him/her of your wishes. Giving notice is a matter of courtesy and may be necessary so that if a lawsuit has been filed‚ the attorney may ask for the court for permission to withdraw. Even if you discharge your attorney‚ you are still obligated to pay for any services which have been performed already on your behalf‚ and costs which have been incurred.
Upon being retained as your legal counsel‚ your attorney should expect that you will:
Be completely honest about all facts concerning your case‚ whether or not they are favorable to you.
Be on time for appointments and not take up an excessive amount of time with visits or phone calls relating to minor details or petty matters.
Take his/her advice.
Understand that no lawyer can guarantee results in a contested matter.
Be patient and understand that legal matters are rarely "open and shut" cases; they require time and research.
Pay a reasonable fee for the work performed.
You are hiring an attorney to work for you‚ as your advocate. You should expect your attorney to:
Confer with you to pinpoint the problem.
Research and analyze all available facts and information relating to your problem.
Interview those involved.
Negotiate a settlement if both sides can reach a fair agreement.
Keep you informed about what is going on in your case and answer your questions.
Discuss fees with you at your first visit‚ and come to an agreement about the way in which the fee will be paid.
Some of things that you should look for in an attorney‚ include:
The attorney’s reputation in the community.
The attorney’s experience with your type of legal problem (don’t hesitate to ask about this during your initial meeting.)
The attorney’s communications skills – willingness and ability to talk to you in a language you understand and to keep you informed about the progress of your case‚ responsiveness to your questions and concerns.
Your right to legal counsel if you are arrested is a fundamental one in our country. You may retain a private attorney‚ or‚ if you cannot afford to do so‚ you should immediately contact the public defender’s office to represent you.
It is advisable to speak with a lawyer and have him/her with you when you appear in court. The judge must inform you of the charge against you and of your right to have a lawyer‚ if you do not have one. The judge must allow you a reasonable time to send for a lawyer‚ even to the point of postponing the hearing so that you can get one.
Bail is the posting of security to ensure your appearance in court. The amount of bail is determined by the court but in most cases‚ you may be released without bail on your own signed promise to appear in court.
It is your right under the Constitution of the United States to refuse to answer any questions‚ or sign any statements concerning the crime. You are entitled to the aid and advice of a lawyer at all times‚ which includes a public defender if you cannot afford a private attorney. If you make any statements to the police‚ you give up those valuable constitutional rights and any information which you provide to the police‚ either oral or written‚ will be used against you in a court of law.
A police officer‚ following a lawful arrest‚ has a right to search a person‚ including your automobile if you are arrested in it. You may not resist the search. However‚ you are not required to consent to any search‚ and if you do consent to the search‚ you may be waiving valuable constitutional rights.
All arrested persons are presumed innocent‚ however‚ it is a crime to resist an officer who lawfully arrests you. Do not talk back or be disorderly‚ because it most likely will result in additional charges being filed‚ and possibly use of excessive force by the arresting officer. If it turns out that you have been arrested illegally‚ the law does provide legal remedies.
Buying on credit allows you to make purchases now and pay for them over an extended period of time. While credit buying can be a major convenience‚ consumers should recognize both the cost and the legal responsibilities attached to credit.
Under the federal Equal Credit Opportunity Act‚ creditors may not use your age (so long as you have capacity to contract)‚ race‚ color‚ sex‚ marital status‚ religion‚ national origin‚ or receipt of public assistance to discourage or prevent you from applying for a loan‚ to refuse you a loan if you otherwise qualify‚ or to lend you money on terms different from those granted to another person under the same circumstances or the fact that you have exercised any rights under the Consumer Credit Protection Act or state law.