Deal with an Attorney
Dealing with an attorney can be a challenge to even the most law-savvy courtroom veterans. Follow these steps for some sure-fire legal tips.
Instructions
1. Hire your own attorney. A lawyer should be part of your network of professionals, including a doctor, dentist and accountant. If you're in business for yourself, you should add a bank loan officer, real estate agent and investment counselor. You don't need a doctor every day, nor do you need an attorney, however it's a good idea to have one ready to go if you need one. Remember, sometimes the best defense is a good offense. To take an example: let's say that you get an official looking letter from an attorney who claims to represent an aggrieved party, or a notice from a government official saying that you are in violation of some obscure statute. You can always buy time by responding that you've forwarded the communication to your lawyer. Like doctors attorneys specialize. If you are looking for a starting point, find one who deals with the legal end of your field whether it's contracts if you're a Hollywood writer or landlord / tenant relations if you just bought your first duplex.
2. If you are approached by an attorney and she doesn't work for you, be extremely cautious. Ask questions, get as much information as you can about why you were approached, but admit nothing. Resist the natural human emotion to confide no matter how empathetic a listener she might be. Trust your instincts. If you sense that trouble might develop, talk to your own attorney or find one quickly in the appropriate field through a friend, or through your local bar association referral program
3. Know the difference between civil and criminal law. Most of us try to be law abiding citizens, but there might come a time where we find ourselves inadvertently in violation of a statue. In that case, your first brush with an attorney could be a prosecutor. Take full advantage of the protection afforded you by the Constitution. Admit nothing and find a defense attorney. Your Miranda rights are quite explicit. If you can't afford an attorney, one will be appointed to represent you. True, it might be a recent law school graduate who is trying for experience as a public defender, but she will know more about the law than you. Resist your natural temptation to confess and turn to your own counselor for advice. Even if you've killed somebody, you cannot be forced into testifying against yourself and there might be extenuating circumstances like self defense. I would rather be tried under this legal system than any other because in the face of the law we are still innocent until proven guilty beyond any reasonable doubt.
Civil penalties might also involve violation of the law but the remedy is usually money. The standard of proof is lower, relying on the preponderance of evidence. That is why O J Simpson can lose a civil case to the Goldman's for killing his wife, while he is free of criminal penalties.
I once shot a commercial for O J's attorney, Johnnie Cochran. Like everybody else I wanted to ask what O J had told him about the Brentwood murders, however I never bothered to bring up my questions because as an ethical attorney his was bound by attorney client privilege. Tell your own attorney the truth. We all do stupid things. If you started a job without a contract in place and you're on the hook financially, admit it. Ask for advice. That's why attorneys are called counselors. They are hired to put your interest first. You don't want to blind side your attorney with a surprise if your action goes to trial, such as the fact that you removed evidence from a crime scene. Like a priest in a confessional, when it comes to a previously committed crime, your attorney cannot betray your confidence.
4. Finally, know up front when you deal with your attorney whether you are paying her by the hour or on a contingency basis, otherwise you might get stuck with a bill for long winded discussions that you could have avoided.
