Monday, August 20, 2007

DEFINING NEED - Why you need an Attorney or Lawyer?

Define what you need. Make a list. Our reader brought forward quite a list, with a lot of variety: contacting, human relations, vendors, patents and trademarks, international trade, real estate, ownership and competition. And our reader, quite rightly, observed that these various functions require different skills filled by different attorneys. The legal field is broad with many disciplines and there’s no attorney out there who can do everything. Some of what needs to be done requires the attorney to have special training and credentials, such as patent work. Other activities do not require special credentials but are best done by attorneys who have chosen to specialize. By now, you may be getting the idea that your company may need several attorneys.

The first thing you probably want to do is find one attorney to act as overall advisor. You want someone with a business law practice who you can trust to look out for your company’s best interests. You want a generalist with good connections to other attorneys who are skilled in various business law disciplines, and who all have sound reputations. If you find an attorney who says he or she can do it all, watch out. You want an attorney who is confident and willing to refer business out to other attorneys, whether to other attorneys in his or her own firm, or to other firms.

Look for an attorney with several years of experience with a law practice at the partner or owner level. Interview several attorneys, including sole practitioners and people who are partners in firms. Remember, the first attorney you hire is probably a generalist who isn’t going to do everything you need but is willing to refer business to other attorneys. Also, this attorney should have the skill, experience and connections to know how to find the right attorney for each situation that might come up.

You are looking for someone you can talk with openly, someone with whom you can be comfortable working. You want someone who asks insightful questions and helps you get clear about what you’re trying to accomplish. Also, take a look at the attorney’s track record in growing his or her own practice. If this person is going to advise you on growing your firm, you want someone who has done the same.

You also want an attorney with a basic business law practice. Your primary attorney should be someone who can handle many of the routine activities your firm will encounter. Typical basics you’re looking for might include contracting, handling basic employee issues such as setting up simple employment agreements, and dealing with vendor disputes.

Ask for references. Speak to other business owners of size and experience similar to yours. Find out what those clients like about the attorney who referred you to them. Ask about the kinds of business they entrust to that attorney and what gets farmed out to other firms. Ask how long they’ve worked together and when they think they will be likely to outgrow the firm. Ask how the attorney does at managing fees --­ more on this in a minute.

You want an attorney who will treat you with respect and explain what’s going on in a way that you can understand. You need to understand why one action is recommended over another -- which means you two can communicate well. You also want an attorney who is discriminating in the referrals he or she makes. Good attorneys will have a deep Rolodex of connections, other attorneys with whom they have done work, people they know they can rely on to do a good job in a variety of situations.

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DO YOU EVEN NEED AN ATTORNEY?

Some people think that they don't need an attorney to represent them, especially if it is a first offense. In fact, a lot of police officers will tell first time Missouri DUI offenders that they don't need an attorney. A DUI, especially given the ever-tightening DUI laws in Missouri, is like a disease on your life. A DUI charge can result in a loss of driving privileges, loss of a job, jail time, upheaval of personal relationships, enormous expense and inconvenience, as well as a criminal record for life, higher insurance rates and a long-list of other social and legal problems. If you had a disease you would go see a doctor. If you needed surgery you would not perform surgery on yourself. This is an important, potentially life-altering, situation and you not only need a lawyer, but you need someone with a lot of experience and skill in the area of DUI defense.

You can represent yourself if you want. The saying that "the lawyer who represents himself has a fool for a client" did not become a cliché without good reason. You will likely lose your driver's license in the administrative proceeding and have the criminal case navigated for you by a prosecutor. That is the lawyer who is against you! He or she may seem helpful, but his or her job is to get convictions and collect money for the State or City, not help you. Even if you elect to accept diversion, the quality of your life while on that diversion will be dictated by the terms of the diversion agreement and you need a lawyer's advice about that document. DUI diversions are counted as convictions if you ever get charged with another DUI in Missouri any time in your entire life. A driver's license suspension will be on your driving record and used to enhance the penalties on a future driver's license suspension for the rest of your entire life. This is no time for amateur hour.

Our law firm has seen many clients come to us just before accepting a diversion or conviction only to achieve through our representation acquittals, dismissals, return of their driver's license or significantly reduced impact on their personal and professional lives. We have also had to help people deal with the aftermath of poor legal representation in DUI cases and it has not been pretty in many instances.

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DUI/DWI

There are many different types of driving offenses, all of which hold different penalties and consequences for those guilty of committing them. However, one of the most serious, impactful, and expensive driving offences is DUI/DWI. Being found guilty of this particular driving offense can result in serious consequences and have damaging implications for the future. There are many undesirable effects of being charged with DUI/DWI, which can include:



  • Increased insurance costs

  • Hefty fines

  • Driving disqualification

  • Alcohol assessment and treatment

Being charged with DUI/DWI can therefore make life costly and difficult in many ways. If you believe that you have unfairly been accused of DUI/DWI it is important to seek legal assistance as soon as possible. Once you have been found guilty or have admitted to DUI/DWI you have to bear the consequences, so it is vital to get this charge sorted out through the proper channels in order to avoid the severe penalties that are attached to DUI/DWI.

You can now find specialist lawyers that defends against DUI/DWI charges. These lawyers know exactly how to handle DUI/DWI charges, and will assess the case fully in order to try and get your charges dismissed. These lawyers are well aware that a detailed process must be followed by the officer that arrests you on the charge of DUI/DWI. Failure to comply strictly with this report can result in a dismissal of charges, and experienced DUI/DWI lawyers know exactly what slip-ups to look out for in these cases.

The defense used by an experienced DUI/DWI lawyer will relate to areas such as:

- Whether you suffered violation of your constitutional rights
- Whether the officer concerned followed the correct procedures and regulation in a proper fashion
- Whether you were read your rights when the officer made the DUI/DWI arrest
- Whether the blood and alcohol level tests were properly carried out
- Whether the equipment used to monitor blood alcohol levels was maintained and in good working order

Many cases of DUI/DWI get dismissed by experienced DWI lawyers on simple technicalities. An experienced legal expert in this field will know exactly what to look out for, and will be aware of the various loopholes that can mean the difference between a successful charge or a dismissal of charges. You can now find a number of lawyers that specialize in this field, and by going to a more experienced lawyer that has dealt with a large number of DUI/DWI cases in the past, you could increase your chances of success.

DUI/DWI laws can be very complex, which means that it is best dealt with by a legal expert if you want to successfully appeal against the charge and get it dismissed. It is also worth remembering that DUI/DWI laws can change on a regular basis, and an experienced lawyer will be able to offer up-to-date advice on any changes in law that could help you to avoid a DUI/DWI charge.

When you look for a lawyer to deal with your DUI/DWI dispute you should check on the following:

Whether the lawyer or law firm has extensive experience in dealing with DUI/DWI cases
How often has the lawyer or law firm gone to court or pled guilty to DUI/DWI
Picking the right lawyer for your DUI/DWI case can make a big difference with regards to having to cope with the stresses and consequences of this charge or getting the charges dismissed.


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