The truth about the fixing of Rights Attorney

As a practical matter, the fees lawyers charge tend to vary greatly. It is hoped that the following will help the potential client make at least some sense of attorney fees and how they are set.

NEVER HIRE AN ATTORNEY WITHOUT A WRITTEN FEE CONTRACT You might be surprised how many criminal defense lawyers do not provide written fee contracts. This is extremely dangerous and leads to potential problems. Often times an attorney who chooses not provide a fee agreement will tell the potential client that he will "start" the case at a very low price. Nevertheless, at every stage of the case, the attorney requires more money and threatens to withdraw from the case if he is not paid the additional sums. The result is that you can wind up paying much more than had you hired the attorney who seemed more expensive to begin with. A fee contract avoids these nasty surprises. Besides, why would any attorney not provide a written fee agreement that makes the obligations of both the attorney and the client clear?

AVOID HIRING AN ATTORNEY THAT WILL ALSO POST YOUR BOND While Texas does not prohibit an attorney from posting a client's bond, many states do because of the conflict of interest that exists. The role of a bondsman is to make sure you appear in court and a bondsman has every incentive to inform the court if you are not complying with the conditions of your release. On the other hand, your attorney is supposed to be your advocate and protect you from having your bond revoked in the event you do not fully comply with your release conditions. We have also seen cases where, when a client gets behind on his legal fees, the attorney posting a client's bond threatens, and sometimes does, have the client's bond revoked as additional pressure to pay the outstanding legal fees. It should be easy to see why hiring an attorney to post your bond is rife with conflicts and should be avoided. You should hire an independent bondsman and an independent attorney.

BEWARE OF LAWYERS WITH A VOLUME PRACTICE There are many lawyers out there that have a "volume" practice who offer to do cases at cut rate prices (often these cut rate prices are to "start" the case and the attorney does not provide a fee contract). Many times, the income of these lawyers is actually substantially higher than other more qualified lawyers. Here is why. Let's assume you think about hiring Attorney Smith. You found Attorney Smith in the yellow pages where he has a full page advertisement promoting low fees or Lawyer Smith has sent you, and thousand of other who had been arrested on a particular night a letter promoting his low fees. A yellow pages ad might cost Lawyer Smith $50,000 and he might spend thousands of dollars per month on mail outs. Because Attorney Smith gets so many calls from his ads and mail outs, he has to hire additional support staff to answer the phones and "screen clients" so that is more money toward overhead. Nevertheless, Attorney Smith is able to charge low fees because he has so many clients who respond to his ads and/or mail outs that he can make up for it and pay his overhead by running a volume practice. Often you will meet Attorney Smith for the first time in the courthouse when he shouts your name in the hallway. You will rarely, if ever, be able to get Attorney Smith on the phone to answer questions. If you resist pleading guilty and request a trial, many problems will arise. After all, how can Attorney Smith spend time preparing for trial and then sitting in a trial for several days? Simply put, he can't because the house of cards he has created with the volume practice will collapse if he cannot meet the dozens of other clients who have cases set on the same day. Nevertheless, don't feel sorry for Attorney Smith because he will often make much more money than the average attorney even after accounting for his high overhead. As a rough example, let's say Attorney Smith charges $2,000 per case but handles 500 cases per year. That amounts to a gross income of $1,000,000. Now, lets say another attorney who actually returns your phone calls and has time to prepare your case and represent you at trial if that is in your best interest charges $5,000 per case but handles 50 cases per year. That only amounts to a gross income of $250,000. In sum, if you have a simple case in which you know there are no legal issues to raise and you absolutely know that you do not want a trial and you are not going to want to ask your attorney many questions, it could make financial sense to hire Attorney Smith. On the other hand, if there is any chance that you want to fight your case or you think you will have questions for your lawyer, spend the extra money now or you will have to spend even more later trying to undue what Attorney Smith did, or failed to do, for you.

BEWARE OF LAWYERS SIZING YOU UP Unfortunately, we have heard of many lawyers who attempt to determine how much money potential clients have and then charges them "as much money as they can afford." We often see this with some California attorneys who advertise "national practices" on the internet. While it is admirable for an attorney to reduce her rate for a client with a low income, it is disgraceful for a lawyer to charge a wealthy client more than she would ordinarily charge because the client can "afford it." Beware of lawyers who seem to be asking questions that are designed to determine your income or assets that have no relation to the charges against you.

LEGAL FEES IN STATE COURT WILL DEPEND ON THE TYPE OF CASE This is probably obvious. In state court, fees will almost always depend on the seriousness and complexity of the case.

LEGAL FEES IN FEDERAL COURT WILL BE SIGNIFICANTLY HIGHER There is a huge difference between state court and federal court. Almost all criminal defense lawyers are qualified to practice in state court. Nevertheless, very few criminal defense lawyers practice regularly in federal court. It is extremely dangerous to hire an attorney to represent you in a federal criminal case that does not appear regularly in federal court. Nevertheless, this means that there are very few lawyers to choose from if you are charged with a criminal offense in federal court. For example, in Dallas, there are probably less than 30 lawyers who appear regularly in federal court. Consequently, because of the limited supply, legal fees for criminal cases in federal court are often significantly higher than state court.

LEGAL FEES WILL VARY BASED ON THE LAWYER'S QUALIFICATIONS Again, this should seem obvious, although it is sometimes surprising what lawyers with minimal qualifications will attempt to charge a client. Some qualifications to look for is whether a lawyer is Board Certified by the Texas Board of Legal Specialization in criminal defense attorney. Texas Board of Legal Specialization Another is whether that lawyer is AV rated (the highest rating) by Martindale-Hubbell, an independent entity that rates lawyers. Martindale-Hubbell Another is whether the lawyer has been voted a "super lawyer" by other criminal defense attorneys and how many years he or she has been voted a "super lawyer." Super Lawyers

FLAT FEE OR HOURLY FEE Generally criminal defense lawyers in Texas charge a "flat fee" for their representation (although they often charge a "split" fee as described below). An attorney should give you the option of paying an hourly fee, nevertheless, an hourly fee is generally more suitable for corporations that have very deep pockets. Individuals generally prefer the "flat fee" so they know in advance how much the legal representation will cost a the end of the day.

SPLIT FEE FOR PLEAS AND TRIALS Mostly all criminal defense lawyers in Texas will split the flat fee between plea and trial. For example. they might say that the fee for a plea is $5,000 but if the case has to be "set for trial there will be an additional fee of $5,000.  Moreover, research has found that, in a large majority of cases, a plea offer will get appreciably better only after the case is "set" for trial. Therefore, even in cases that will not ultimately go to trial, it is often in the client's best interest to at least "set" the case for trial. We would rather charge a fee in the middle (e.g. $7,500) and this way our advice to the client is not colored by the prospect of earning additional monies based on the advice we give and the client can make the decision as to whether or not to go to trial freed from the prospect of having to pay additional monies if he decides a trial is in his best interests.

CONTINGENT BONUSES We have encountered attorneys who attempt to charge a "performance bonus" if they can convince authorities not to indict the client, or if they win at trial, or if they get a case dismissed prior to trial. The Texas Lawyer Disciplinary Rules clearly prohibit such "bonuses" because they are "contingent" on a certain outcome. Texas Disciplinary Rules on Fees You would do well to avoid any attorney who does not follow the ethical rules of his or her profession.

EXPENSES In many cases, it will be necessary to hire a private investigator to investigate the case. In some case, it will be necessary to hire experts to assist the attorney or to testify at trial. It varies among attorneys as to whether these expenses are included in the legal fees charged. Again, however, it is important to have a written fee agreement so that it is clear who is responsible for these additional expenses.

Source: http://www.brodenmickelsen.com
Broden & Mickelsen - Criminal Defense Law Firm

Broden & Mickelsen specializes in the practice of criminal defense at both the trial and appellate level and in both state and federal courts throughout the country.

Si vous créez une procuration ?

There are a few rare exceptions such as the right to marry or to vote. As an individual and principal you can grant unlimited power known as a general power of attorney.

The Attorney in fact generally can only take action if the individual and the principal may exercise the same authority. This stops the Attorney in fact to act when the principal is struck disability. If a person is unable to sign a contract of fact Attorney is also impossible to sign a contract for the principal. But if you have a Durable Power of Attorney, the Attorney in fact is allowed to execute the powers conferred by the principal, even after the main falls ill.

When death ends a power of Attorney

If you have a proxy sustainable or that you do not, at the time of death any proxy ends. If the individual and the principal has granted the fact Attorney of rights to perform certain tasks, to death all these rights are completed.

How power of Attorney is revoked

As long as you are alive, you have the power to revoke the power of attorney. To revoke the power of Attorney, you should contact your attorney in fact that the power of Attorney is revoked. You can also in detail when the power of attorney will expire.

A power of Attorney depreciation

A proxy may be designed for spring in effect if you become disabled or some pre-set time or event. It is a power of Attorney depreciation. The depreciation proxy prevents your attorney in fact with powers while you are able to take care of them yourself.

The Attorney in fact must prove that the individual concerning your powers is in fact disabled and cannot perform the necessary tasks. You will need a document written by the doctor or the hospital that you are unable to.

It should be a current document and not several days or it could be questioned as to whether if you are still ill or disabled. So to save yourself, added agitation and be required to provide a more current document deal the same day.

Instant power of Attorney

Your proxy can become effective immediately, as soon as it is signed, it is the type of proxy people use when they are in another country for a long period of time and won't be available to address these issues. It is generally a durable power of attorney which will expire in one year. You can also have built provisions in proxies will you can how it. If you become incompetent or poorly when the power of Attorney expires, and you are de facto attorney or agent, shall go to the Court for permission to continue.

Medical decisions

When you have a durable power of Attorney, it can be used to allow your attorney in fact the power to make medical where decisions you unfit. Most individuals have separate power to prosecutors of financial and medical affairs. Sometimes the same person manages the two powers of prosecutors.

How to choose your fact Attorney

Since it is one of the most important documents in your life, it goes without saying it should be the most trustworthy of people with impeccably credentials that include your wishes and how to manage your business. Another thing to keep in mind is when you give someone this power, they have the ability to do what they want and may not follow your instructions. This is why you must be very careful. When it comes to money sometimes people do things in their own interest. Your attorney in fact is a trustee. This means that they are there to manage your assets to you and not themselves. The person you choose will be called difficult conditions. So usually it will be a member of the family or a close friend and sometimes an attorney you trust and respect. If you do not have a power of Attorney in place, it will fall to the laws of the State.

Jeffrey Broobin is independent author on family and finance issues; its main purpose is to help people during their period complicated life. Website: http://www.legalhelpmate.com Email: jeffreyb@legalhelpmate.com

3 Tips on the location of a reputable Attorney

It never ceases to amaze me how many criminal cases in Denver go to a plea bargain without an attorney. In the end usually I hear from a defendant just how unhappy they are with the process and the disposition of the case. Of course hiring an attorney was not an option because of the cost associated with hiring an attorney or lawyer, and usually I hear about their previous experience which wasn't a positive one. I think we have all hired an attorney or legal professional that just didn't seem to give the services they charged for, and that is exactly why I am writing this post.

Solid legal counsel is going to cost money; there is no way around that. Having excellent representation is worth more than handling negotiations with a District Attorney yourself; I have seen this first hand, over and over again. So with that being said, how do you locate that Denver attorney or Denver lawyer that is going to both fit your budget and give you the representation that you deserve?   First, start off with the consultation. It seems to me that most people will attend one consultation and then either hire that lawyer or not hire a lawyer at all.

What I have found is that attending three or maybe even four consultations is the best way to make a decision as to whether or not you will need an attorney. I have never recommended that someone not hire an attorney, but there are those rare cases where just handling the case yourself probably makes better sense. For example a simple traffic violation versus a criminal charge like domestic violence, in the case of the traffic violation, this might be a case where I would negotiate with the Denver District Attorney myself.

I know you are saying, "All this goes without saying, doesn't it?" Yes it does, but I want to make certain that I am clear. For serious charges, it is rare that a defendant does not benefit from consulting with a Denver Criminal Defense Attorney. Your Denver Criminal Defense Lawyer should be able to identify important pretrial issues and explain it to you in a way that you are never out of the loop. If you feel that your attorney is proceeding without explaining the entire process to you, then it is probably time for you to find a different attorney or stop the process and make certain you are completely informed.

This is why the consultation process was so important to begin with. It is never okay for you to just go with an attorney because you feel like they know what they are doing; make absolute certain that you know their experience is going to be a benefit to you. Seems to make sense while you read this, but how many times have you allowed an attorney in Denver to file a motion on your behalf without reading the motion? When you read the motion did you understand it?

If you did not understand the motion, did you tell the attorney to go ahead with the motion? Make sure you ask the simple questions and understand the ramifications of your case entirely, this will prevent future disappointment. It seems that whenever I hear a defendant complaining about their attorney or lawyer, they explain that the attorney never explained the sentence to them all the way or, "I never agreed to serve four years probation but that is what I received." Had they taken the time to understand their case and just throw it in the hands of their attorney they probably would have known about their sentence and they would not be surprised with the outcome.  

Be wary of entering into a retainer agreement which calls for additional payments if the case will go to trial, make certain that you nail the fees down in the beginning. I have had many experiences where attorneys have gone crazy with the retainer and it was spent in a matter of weeks. I am not suggesting that you constantly negotiate with your attorney about their fees; a good attorney is going to be expensive. I am suggesting that you not pay more than you have to. Find out what the retainer is going to cover and if that retainer is expected to take your case through trial.

It is not unusual for appellate lawyers to hear clients recite that they entered into guilty pleas after they were unable to come up with necessary funds to pay their lawyers to proceed with a trial. It is your responsibility to find out how much your case is going to cost. I can already hear your attorney giving you the most common, "Well, it really depends on whether or not we go to trial, if we go to trial would there be an appeal?" When I can't seem to get a straight answer from the attorney I move on to the next, it is not unreasonable to hear an estimate of what it will cost.

Of course a good attorney will inform you that they are uncertain because they do not want to be held accountable should your case cost more than originally anticipated which is completely reasonable. All we are looking for here is an estimate so that we can be prepared to go to trial if we need to.   In my experience, finding a good criminal defense lawyer in Denver can be difficult, here are some suggestions of resources I have found useful:  

1.)           Referrals - If you were arrested and incarcerated, then obviously what better crowd to ask for referrals. It seems inmates always know which criminal defense attorneys are worthwhile and which are not. This is not the absolute best source for referrals, but I do find more value here than asking an attorney for a referral. I don't want to be referred to an attorney just because they played golf with the attorney I asked for the referral from. However, if you do already work with an attorney or lawyer in Denver  that you trust, than this would absolutely be an excellent place to start for a solid referral.  

2.)           Courtroom Observation - Before you discount this one, stop and think. Doesn't it make sense that you would watch an attorney in the courtroom and see how they handle themselves? I have found an excellent attorney by just going to court and watching several cases.  

3.)           Directories - There are several competent law directories with excellent attorneys for all different sectors of law practice. If you are going to utilize a directory to locate your attorney then it is imperative that you interview a couple of different attorneys so that you are making an informed decision. Seems to make sense right? Again, I have heard over and over again, "We went with the first attorney we met with, he/she seemed capable". Don't get lazy, talk with a couple of different attorneys and make certain that you are happy with your decision don't get lazy, talk with a couple of different attorneys and make certain that you are happy with your decision.

No matter what happens you will need to deal with the consequences of the case. This is not the end all guide to hiring your Denver attorney, but a summary of some important things to consider when hiring an attorney. No matter what it is important to try and be as objective as you can and not get swallowed up with the emotions that are usually tied to a criminal case. Good advice, but usually difficult to follow. This article should not be considered legal advice and is simply a resource for those navigating their way through the many Denver Attorneys that are available.  

Denver Attorneys

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Whether you are looking to optimize your own site or hire a professional search engine optimization expert, there is much to know. Make sure that you utilize all of the resources online before doing anything.

Attorney's Fees - How to Avoid Large Legal Bills

Most attorneys make a good living and they do so by charging attorney's fees. This begs the question, what exactly are attorney's fees and what should I know about attorney's fees before I hire a lawyer? This article describes the different types of attorney's fees and provides a number of tips for determining which type of attorney fee is best for you.

A Few Minutes at a Time: The Hourly Attorneys Fee

Most attorneys charge hourly rates. Hourly rates are usually calculated by tracking hours in one, six, or ten minute increments. Some attorneys may even use hour increments. The rate attorneys charge per hour varies greatly based on the location of the attorney, the type of work to be performed, and the time required. It is not uncommon for specialized attorneys to charge in excess of $600 per hour. Most attorneys charge an hourly rate closer to $300 per hour.

While hiring an attorney who charges higher hourly rates may sound ludicrous, clients should understand that a specialist may be able to perform work much faster than a non-specialist. This is especially true if the non-specialist will have to bill a significant amount of hours to get up to speed on a legal matter.

One Successful Legal Issue at a Time: The Contingent Attorneys Fee

Contingent attorney's fees are also common. These fees are based on the success of the attorney in the legal matter. They are usually calculated using a set percentage. For example, a personal injury attorney may charge a contingency fee equal to 40 percent of any lawsuit recovery. These fees can routinely range from 30 to 60 percent.

Contingency fees may encourage the attorney to use his best efforts to resolve the matter. If they extend to settlements reached before the lawsuit ends, contingency fees may also encourage the attorney to settle the matter for any amount in the beginning of the case. In this case the attorney will have performed little work and in exchange for earning a fee - albeit a smaller fee that he may have earned for putting in more effort.

One Legal Issue Regardless of Outcome: The Flat Attorneys Fee

Flat fees are less common for attorneys. These fees consist of specified payment or payments denominated in a dollar amount. These fees can vary significantly, but they should relate to the attorney's estimation of how much time the case will take plus a profit component. Thus, a matter that will probably take ten hours for an attorney whose hourly rate is $300 per hour, might be offered by the attorney at $3,500.

Flat fees can help clients budget for legal costs, but they do have some drawbacks. Because they are not tied to the outcome of the case, the attorney may end up working faster and not smarter. Also, the attorney may be tempted to compartmentalize the job and charge a separate flat fee for each component. This can end up costing the client more than the contingent or hourly attorney fees they would have otherwise paid.

Conclusion

Clients should consider these options in deciding which attorney to hire. Ultimately, it is up to the client to negotiate an attorney fee payment arrangement that they are comfortable with. Most attorneys will be receptive to this type of negotiation.

Gary operates LawFiles. LawFiles is a free legal advice forum where attorneys answer legal questions submitted by users. It also provides free legal information, law-related tips, legal news, and free legal forms.

Reduce Attorney Fees - 7 Strategies That Can Save You a Bundle

No one likes to pay excessive legal fees, but few clients know the simple steps they can take to reduce attorney fees. This article contains seven strategies that can save you a bundle in attorney fees.

1. Avoid Unscrupulous Attorneys. Most attorneys are dedicated professionals who take great pride in their work and serving the best interests of their clients. Unfortunately, there are some really rotten ones out there that give the legal profession a bad reputation. Before hiring an attorney, learn about their reputation in the legal community. Avoid unscrupulous attorneys who have a reputation for doing unnecessary work, transforming simple legal procedures into complex ordeals, and making every dispute exceptionally acrimonious - all designed to maximize the attorney fees.

2. Understand How Attorneys Charge. Attorneys typically charge clients an hourly rate, flat fee or contingency fee. The type of case will largely determine how the attorney will charge for their services. For example, an attorney representing a personal injury victim in an auto accident case will typically charge a contingency fee (i. e., one-third of the recovery). An attorney representing an individual in a divorce or criminal proceedings may charge a flat fee. A business law attorney will charge a corporate client an hourly fee to negotiate a contractual relationship and draft the agreement.

3. Initial Consultation. The initial consultation is the place to explain your legal problem to the attorney, state your desired outcome, and ask five specific questions that will help reduce attorney fees. First, what is the attorney's initial assessment of your problem? Second, what steps would the attorney recommend to achieve your desired outcome? Next, how does the attorney charge for representation in your type of case? Fourth, what action can the client take to control the cost of legal services? Finally, if you retain the lawyer, what is the next step in the process?

4. Get A Second Opinion. If you are uncomfortable with one attorney's assessment of your case or have misgivings about their representation, seek a second opinion. There are many different ways to approach a legal problem. It is important that you establish a comfort zone when you retain an attorney and have confidence in their approach to your legal problem.

5. Understand The Attorney-Client Agreement. The Attorney-Client Agreement is the legal contract that defines the relationship between the attorney and client including a thorough explanation of how the attorney will be compensated and charge for expenses related to your case. For example, if the Agreement states that the attorney will charge an hourly fee, understand that every minute that the attorney spends working on your case (telephone calls, reviewing letters and emails, client meetings, etc.) will later show up on your statement.

6. Review Your Statement. Most attorneys prepare itemized statements that state how the attorney's time was spent and provides an explanation of the expenses. Be sure to review every statement for accuracy. If you don't understand a charge, ask for an explanation.

7. Don't Be Unreasonable. Unreasonable clients should expect to charged accordingly. One of the most important ways for a client to reduce attorney fees is by making informed and reasonable decisions about the management of their case.

Armed with these seven simple strategies, you'll be in a strong position to level the playing field when you hire an attorney and save a bundle on attorney fees.

Fred Reilly, J.D., LL.M.

Mr. Reilly is licensed to practice law in California, District of Columbia, Florida and as an English Solicitor. He has been admitted to practice before the United States Supreme Court and the United States Court of International Trade. Fred graduated from the London School of Economics and Political Science (LL.M. in International Business Law), Cumberland School of Law at Samford University (J.D. and Associate Editor of The Cumberland Law Review) and Purdue University (B.S. in Management).

Mr. Reilly is the author of the Kindle ebook "Slash Your Attorney Fees" available at Amazon for just $0.99.

To order the ebook "Slash Your Attorney Fee" just click on the Amazon Kindle bookstore link below:

http://www.amazon.com/Slash-Your-Attorney-Fees-ebook/dp/B003UN7W6Y/ref=sr_1_1?ie=UTF8&m=AG56TWVU5XWC2&s=books&qid=1299823357&sr=8-1

Les annuaires en ligne de procureur - comment évaluer un annuaire juridique sur Internet

There are a number of websites that claim have lawyers waiting to help. The reality is most of these Web sites are only Attorney directories created by teams that have no knowledge of the law or, in many cases, which have no connection to a real lawyer or a firm of marketing.

These online Attorney directories often end up by at the top of the results of the search engines. Marketing teams to ensure that this happens. It remains to you, the consumer who is looking for a lawyer, the obstacle to evaluate the Attorney Directory online. Here are some tips to assess counsel directories online that you are looking for the right lawyer.

Determine if the directory is a paid directory.

Paid directories are those that require lawyers to pay a fee to be included in the directory. Paid directories have generally information more precise contact area and practice. Prosecutors who pay to be included in the directory have interest in ensuring that their information is correct.

The disadvantage of these directories is that they can have little lists of attorney. This raises the question of what types of pay attorneys appear on an online legal directory. Of many successful lawyers do not have to incur this expenditure to practise. Other very good lawyers such an expense, but most of them do not know it regularly. For example, prosecutors who start everything just to, changing practice areas or are moving to another State can initially use these directories as they establish their new law practices. This is the type of lawyer you hire? If so, paid legal directory may be just what you are looking for.

Browse through the free Attorney directories.

Lawyer directories online not all free are bad. There are a few very good. Best online legal directories are generally the direct involvement of lawyers themselves. For example, several free online Attorney directories have forums where lawyers answer legal questions free. This allows the lawyers get the word out on their practice and their expertise, while helping to point people in the right direction.

Some other free online Attorney directories focus on the compilation of contact information for lawyers. Most of these directories compiles the information without any direction or comments from lawyers that are listed in the directory. These directories have distinguished themselves as they provide generally just a list of lawyers. These directories often scrape information from legitimate sites for the sole purpose of generating advertising dollars for themselves.

A recent trend is for these Web sites have a profile page for the Attorney who can be "claimed" by the Attorney. The purpose here is to bring visitors to the directory by using search engines, thus generating revenues of advertising for the directory. The directory can also expect counsel to be view profile and it "claim" by entering their information. Very few lawyers actually say profiles in this way. Indeed, many of them have to contact the legal directories and request that their names deleted from the directory. Thus, you should avoid any directory attorney said prosecutors should "claim" their profile.

Avoid Attorney rating sites.

Lawyers assist clients with a myriad of legal issues and the facts of each case are different. The work of prosecutors cannot be reduced to a number or other side. These rating systems often try to gauge an attorney by the number of years, that the solicitor was in practice. Older are not always better. Statistics show that most of the complaints filed with the state bar associations are filed against the solicitors who have practised a number of years. These complaints relate to failure to provide a customer service of quality of failing to keep abreast of the Act. It is quite rare to see the same complaints against the attorneys of the young people, this has no bearing on how the Attorney is likely to manage your particular legal issue. You should avoid directories attorney as counsel for the speed in this way.

Avoid the Attorney Directory which includes prices.

Lawyers are heavily regulated. The rules of professionalism of the Prosecutor for each State say that lawyers must charge a reasonable fee. What is reasonable for a particular issue is subject to a large number of factors. Unless you have provided all the information in the Attorney Directory, it should not indicate the price. This seems common sense, but there needs to be said. Avoid Attorney directories include information on the price.

These steps should help you identify the directories online Attorney that find you in the results of search engines.

Gary operates LawFiles. LawFiles is a free legal advice forum where lawyers answer legal questions submitted by users. It also provides free legal information, legal advice, legal news and free legal forms.

Hiring an Estate Planning Attorney - 7 Things to Know Before You Do

The Top 7 Things to Know Before You Hire a Wills, Trusts or Estate Attorney

You should consider several different questions before you sign an agreement with any attorney, but this is even more important when it comes to hiring a wills, trusts or estate attorney. This attorney will address sensitive family and financial issues that range from helping you pass assets on to your children and close family members, to protecting you from unnecessary taxes, to helping you determine the best person to make medical decisions on your behalf. This is why you need to know the answers to the seven issues discussed in this special report.

# 1: Does the attorney offer a free consultation and will he explain what will happen at this initial meeting?

An attorney should offer you a free, no. hassle consultation. First, meeting him or her will help to put you at ease and will give you a chance to discuss your case in a frank manner. You will also have a chance to ask questions and to determine if this is an attorney whom you can trust to address your legal concerns. Second, it gives the attorney the opportunity to ask you questions and to learn more about your case. You might discover that you do not get along very well with this attorney. Conversely, the attorney may realize that your case is not the type that he wants to take gold is not related to his field of expertise. For this type of relationship to work in an effective and productive manner, both you and your attorney need to be able to work together comfortably.

# 2 Does the attorney offer a flat fee for the services that he will perform and will this be put in writing?

Every attorney should use a written agreement, which is known as a retainer agreement. In this agreement, the attorney should clearly state the fee that you will be charged and honor this agreement. The attorney should clearly explain the fee, the services that he will perform, and should also clearly explain the options that are available to you to pay this fee. You should not sign this agreement until you understand how much you will be charged, what the attorney will do for you, what information he will need from you, any deadlines involved, and any other obligations that you are required to perform. You should always feel free to ask the attorney questions if you do not understand something in the agreement or otherwise. You should also ask about the expected completion of the work.

A flat fee encourages the attorney to work in an efficient manner and also prevents you from receiving an unexpectedly large bill upon the completion of the services. This can happen if it takes the attorney longer to complete the work than he initially thought.

# 3 Does the attorney guarantee his service? Will he refund your money if you are not completely satisfied?

Your attorney works for you and is being paid to help you plan your estate. You should not tolerate an attorney that will not refund your money if you are not completely satisfied with the work. Additionally, your attorney should be willing to revise your documents that he is initially drafting. However, after he has drafted them and you have expressed your satisfaction, you should not expect the attorney to revise these documents unless you have kept the attorney on retainer. Please note that no attorney will guarantee results if your matter is being litigated in court.

# 4 Will the attorney help you make wise choices about insurance, saving for your children's college, and retirement planning?

Your attorney should help you make decisions about the most appropriate documents and vehicles to accomplish your estate planning objective, purpose should also assist you with buying insurance, saving for college, planning for retirement, and all of the other challenging decisions that will arise. In fact, your attorney should have a team of trusted advisors in place in order to help you make the best possible decisions.

If your attorney is unable or unwilling to advise you on these matters, then you should seek out an attorney who will do so. Having such an attorney will prevent you from making expensive and unnecessary mistakes, and will save you time in having to hunt for additional advisors.

# 5 Does your attorney have a process in place to respond to your phone calls and emails quickly in case questions arise? Will your attorney keep you informed about how your matter is progressing?

Your attorney should be able to answer your phone calls, emails, and questions quickly. You are paying this attorney for service and for professional guidance and attention, not just for the drafting of your estate planning documents. How often have you heard from friends and loved ones about an attorney that takes days, weeks or more to respond to phone calls? Do not tolerate such unprofessional behavior. Ask your attorney about this and if he is unable to convince you that he has such a process in place, then continue your search for an attorney that will get back to you in a time efficient manner.

# 6 Does your attorney have a process for helping you capture and pass on not only your physical and financial wealth, but also your intellectual and spiritual assets, as well as what is important to you?

Some attorneys recognize that wealth is not measured solely by your net worth, by the value of your brokerage and retirement accounts, but is also measured by who you are as a person. Your intangible assets, such as lessons that you have learned over a lifetime of building wealth, or the wisdom you have accumulated through your life experiences that you would like your children to know more about, are very valuable, almost priceless. These should not be forgotten.

When deciding whether to hire an attorney, be sure to select someone who will help you capture, document, and pass on all of your assets, including those intangible ones that are often overlooked.

# 7 Will your attorney make sure that your assets are structured and owned in the right way?

You could hire an attorney at the largest firm around and pay him an exorbitant fee, but if your assets are not titled and owned in the right manner, then the plan that he created will not work for you. The attorney that you plan to hire should be willing to ensure not only that your documents are drafted correctly, but also that your assets are structured properly.

Do not be afraid to ask these questions before you hire an attorney to work with your family on legal planning matters. When you find an attorney that says yes to these questions, hire him or her quickly before the practice fills up and he or she stops taking on new clients. Asking these questions and hearing the right answers before you engage a lawyer to work on your wills, trusts, and estate will ensure you put in place legal planning for your family that will work when you need it.

For more information or to schedule a free consultation, please visit http://www.legalhelpmaryland.com or call Anthony Carducci at 888-628-2220.

Finding an Attorney You Can Trust

When it comes time to hire an attorney, most people have absolutely no. idea where to begin. Of course you want to find the most affordable legal representation possible but then again you also want to make sure you hire an attorney with experience and knowledge about your specific kind of case. Fortunately, when it comes to finding great legal representation there are a couple of methods which will help you find the best possible attorney for you at a rate you can afford.

How Do You Determine Which an Attorney is Right for You?

This is an easy one. Simply meet with the attorney. You are going to have to do this anyway if the attorney is willing to take on your case. Meeting not only helps the attorney learn important facts about your case, but it also gives you a chance to see whether or not you feel comfortable when talking with the attorney. You will have to communicate with this person on a pretty regular basis. Do you feel confident this is someone you can fully trust to handle your case? Does the attorney appear to show sincere interest in your case? You must be able to answer both of the questions squarely before deciding if the attorney is a good fit.

How Do I Actually Find a Good Attorney?

One of the very best ways to find a good attorney is by approaching an attorney you already know. If you do not already know any attorneys, ask your friends and family for the names of some attorneys they know and trust. Another way to find an attorney is by approaching your State Bar.

You may also be able to find out other valuable information about an attorney by finding what organizations an attorney is part of. Some organizations require members to meet certain standards of achievement in their practice. Approach your State bar and ask for a list of reputable organizations where you may be able to research an attorney's background and experience.

When Meeting With an Attorney, What Questions Should I Ask?

Firstly, you should start off by asking the attorney what areas of law he or she specializes in. It might not be such a great idea to hire a reputable bankruptcy lawyer who only minors even in personal injury if your box happens to be a personal injury case.

Get a Feel for an Experience Level.

Ask the attorney whether or not he or she has handled many cases like yours before. If so, then ask how many. Do not feel bad about asking these kinds of questions. You want to find an attorney you can trust, right? A good attorney always welcomes these kinds of questions. After all, trust is the key to forming an effective attorney-client relationship.

It's all about the TES Factor.

When you are looking for the right attorney, just remember the your factor; Trust, Experience and Sincerity. Find an attorney who you feel you can completely trust and who has a proven track record of experience with you kind of case. Make sure that the attorney is sincere, meaning that he or she actually shows genuine concern about your case. Generally, if you are able to find an attorney with great, you are probably in pretty good hands. Well, let's not forget about pricing! Maybe you should look for good SPECT. "P" meaning pricing, of course, but usually excellent attorneys are definitely worth a little more.

Frank Hamilton provides valuable information on how to find dependable legal representation. He currently writes on a variety of legal topics to help connect good attorneys with clients in need of expert representation. Frank also supports Augusta Attorneys in their quest to provide quality representation at an all new level.

Auto Accidents: Step by Step, by the Right Attorney

I have written this article with the "average" case in mind, as that imaginary "average" case is the one which occurs most often. I believe that there are absolutely "rights" and "wrongs" in the handling of a personal injury claim. At the conclusion of this report, if you have questions, I will tell you how we can connect to try to get them answered.

Problem Presented:

You have just been involved in an automobile collision which was not your fault. Your car is all banged up; you are hurt; you are probably worried about many of the consequences this collision has now created, and as the expression goes: "this just wasn't a good time for this kind of thing". There are 101 things racing through your mind. Certainly, the last thing you need is to worry about finding a good attorney to handle matters for you. Hopefully this article will give you a leg up on making that search a bit easier, by allowing you to know what to look for, and by allowing you to know what questions to ask.

Plan of action to solve the problem: find an attorney to help!

Finding an attorney is easy. Finding the right attorney might be a little tougher. First, understand that there is nothing immediately critical about hiring an attorney. I recommend, however, that you do so within 2 - 3 days of the collision. In this fashion you can avoid being hassled by insurance adjusters, and an intelligent course of action for you and your case can be formulated. Back to finding that attorney. If you have a good case, there are hundreds of attorneys who will be thrilled to work for you. I would be less than honest if I didn't admit that legal fees for "personal injury" cases can be very handsome. Such fees for the right attorney however, are well worth it. Read on, and you'll see why.

You should be able to recognize a sincere appreciative attitude on the part of the attorney you select. Again, there are hundreds of attorneys who'd be very happy to have you as a client. If the attorney you select isn't one of them, find one who is. That attorney will work very hard for you. Keep reading, and I'll help you learn how to pick the right attorney.

The Initial Stages and the first contact.

Your car is in need of repair, you are in need of medical treatment, and your ability to go to work at this point is in doubt, both because you now lack transportation, and because you don't feel physically able to do so. Insurance adjusters are calling. What should you do? A good attorney can tell you. A good attorney will also find out many important things, such as: did police investigate? was the other party given a ticket? who is the other guy? is there insurance? is there enough insurance? Again, a good attorney will advise you about what to do, and find out the answers to all of these questions. You need to concentrate on getting better. Investigating these matters and spending hours on the telephone are the last things on the doctor's prescription pad for you.

Good attorneys can be found in many places. If you don't know anyone who has used an attorney for a personal injury matter, there is probably a local bar association referral service. If there isn't, or if they're not open and you want contact now, internet search engines will offer the names and website addresses of all types of attorneys, from single practice attorneys up to large firms. I encourage a good look at the lawyer's or the law firm's website: read about their experience and see if the website "speaks to you." I do not recommend telephone book ads to find a lawyer, nor do I recommend television ads, because really, they don't tell you much. Once you select an attorney or two or three to interview, don't jump without asking a lot of questions, no matter where the attorney's name came from.

The first call to the attorney's office.

You select an attorney and you want to call him or her. Pay attention to several things: Is the number you are calling advertised as 24 Hours? If so, who answers the call? Is it a tape? Is it the staff? Is it the attorney? Any may be acceptable, but clearly, you should be looking to talk to the attorney within a reasonable time if that first call doesn't get you connected to him or her. Next, should you call "off-hours", or wait until business hours Monday through Friday, 9 - 5? My feeling is that an attorney who practices personal injury law must recognize that potential clients are calling, often very traumatized, often very confused, and often in need of some good solid advice. Accordingly, that attorney should be available whenever the potential client calls. So you call, and you are generally pleased. The attorney sounded okay, and invites you to his or her office for an appointment. Before you go in, ask some questions:

How long has the attorney been in practice? You want someone with experience.

What percentage of the attorney's caseload involves handling personal injury matters? It should be over 50%.

Does the attorney regularly go to court and try cases involving personal injury matters? Yes is the only acceptable answer.

Is the attorney accessible? Get a commitment that you'll be able to speak to the attorney, if you want to, within a reasonable time, every time you want to. Promise to respect the attorney's off-hours privacy, but ask if the attorney will give you a home telephone number for emergencies.

Will you be kept informed of all significant developments? This means that you'll routinely get copies of important correspondence, and that you will be consulted before decisions beyond the mere routine occurs.

How money is handled? Don't be shy about asking about this!! This is the primary reason you are hiring an attorney. Think about it... The mechanic is going to fix your car. The doctor will get you back to good health... You'll certainly ask them questions... The attorney is the person who will help get you the money from the other guy's insurance company to pay for all of this!

The first meeting with the attorney.

You're satisfied and you agree to meet with the attorney you've called. At this meeting you should meet the attorney, talk with him or her for as long as you want, and the entire process should be explained to you. This includes explaining all of the possible insurance benefits available to you from all sources, including your own insurance company, and how and when such benefits are to be expected. It also means explaining, at least in summary fashion, the applicable law which governs your case. Different states have different laws which control "liability" issues and ultimately affect compensation. Ask your attorney if your state follows no-fault, comparative negligence, or contributory negligence principles.

At this first meeting, which is really the beginning of your case, your attorney CANNOT predict how much money you're going to get for your injuries. Nobody knows, at the early stages, how badly you are hurt, how much medical care you're going to need, how much time you might miss from work, or even the potential legal theories which might be available. Can you predict the final score of a baseball game in the first inning? IT IS RIDICULOUS FOR AN ATTORNEY TO ATTEMPT TO ESTIMATE HOW MUCH YOU'RE GOING TO GET AT THE BEGINNING OF THE CASE.

At the initial meeting a paralegal or other staff member may take "administrative" information from you. The attorney should explain the legal contract, or fee agreement, with you. Attorney's fees in this type of case are almost universally "contingent fees", which means the attorney only gets paid when the case is settled; that is, the fee is "contingent" upon resolution. Usually attorneys charge one-third of the recovery, and usually contracts of this sort detail a higher fee, perhaps 40 - 50%, if the case goes to trial. This is fair; because going to trial is a lot more work for the attorney, and involves the attorney taking on a lot more risk. Recognize that every "contingent fee" case an attorney takes on is a case where the attorney is working for free, and at great risk of getting nothing, until (and unless) the case resolves.

How the first meeting should end.

Your initial meeting with your attorney should conclude with you receiving a copy of the fee agreement, and with a very concrete list of things which should be set to happen.

1. You should have a list of things the attorney needs, such as a copy of your insurance policy, pay stubs, tax returns, photographs, etc.

2. Telephone calls should be made promptly for the resolution of the damage to your car. The two most typical scenarios are as follows:

a) The car is repairable. If it's in a tow-lot, plans should be set to get it out, as storage charges accrue quickly. Next, insurers should be notified of the location of the car, so an appraisal of damage can take place. If the insurers can be notified quickly, often they will move it out of the towing lot. In any event, discussion as to what's going to happen one way or the other should be presented to you.

b) The car is destroyed, or "totaled". If there is an outstanding loan on the car, you must supply the lender's name and account number to your attorney so they can contact them to discuss payoff. Again, insurers must be notified of the car's location, so it can be moved and they can appraise the value. You will have to sign over the title to the car, so be prepared to make it available quickly. If there's a loan, usually the lender has the title, or a part of the title.

3. Plans should be set for you to get alternate transportation. Any good personal injury attorney should be able to recommend a reputable rental car company.

4. Plans should be set for you to get "the right type" of medical care. This means, in most cases, that you should be treating with an orthopedic physician, a chiropractor, or a general practice physician who provides physical therapy services. If you don't have a family doctor who can refer you to "the right type" of doctor, or if you don't know someone who knows such a doctor, your attorney should be able to give you the names of several reputable physicians near where you live or work. It is essential that you receive medical care if you are hurt, and that you get this care as soon as possible. Medical study after medical study shows that individuals who start medical treatment later end up needing more medical treatment than they would have if they had begun that treatment soon after the trauma occurred.

a) Good personal injury attorneys have many medical "contacts". If needed, arrangements often can be made through your attorney allowing you to receive medical care without payment up front (or as you go). This is accomplished by a document called an "Assignment". Both you and your attorney sign this document, and thereby agree that the doctor will get paid at the end of your case, from the proceeds recovered. In this fashion, the doctor is satisfied, because of the attorney's reputation, that payment will probably be forthcoming. Your attorney should tell you that the signing of this document does not eliminate your responsibility for payment.

5. Your attorney should send out several letters within the first 24-48 hours after meeting with you. At a minimum, these letters are:

a) to insurers, advising you are now represented, and advising that all contact about your case should go through the attorney's office;

b) to medical care facilities, requesting records, reports and bills;

c) to the accident witnesses, asking for statements, or requesting appointments to review what they saw or what they know;

d) to the investigating police, requesting the accident report.

The "middle stages", where you get better.

Your attorney and his or her staff are now acting as both a "collection facility", gathering records and bills from medical care providers, and continuing as a shield, keeping the insurance company representatives away from you. I often have clients call me and ask me "how's my case going"? If case liability is not an issue, that is, if it's clear that the collision was "the other guy's" fault, and his/her insurance company has "accepted" responsibility, then my answer to the question is simply "fine, how are you feeling?" I say this because at that point, assuming we've "secured" the liability issue, all that remains is waiting for the client to get better.

A good personal injury attorney is able to review medical records and spot problems, either in the way the records are written (mistakes?), or in the overall medical course. I have called doctors when I have felt that certain diagnostic tests were questionable. I have called doctors when therapy seemed to be continuing endlessly without any improvement in my client's condition. I have called doctors when bills seemed out of line. Your attorney should be knowledgeable enough to do the same, and should have the gumption to do so if and when appropriate.

The ending stages: evaluation of the case, and the settlement process.

ONCE YOU ARE COMPLETELY DONE WITH ALL MEDICAL CARE, AND ONCE YOU ARE BACK TO PRE-COLLISION STATUS, OR IF THAT'S NOT POSSIBLE, ONCE YOU'RE AS GOOD AS YOU'RE GOING TO GET, THEN, AND ONLY THEN, SHOULD YOUR ATTORNEY CONSIDER ATTEMPTING TO RESOLVE YOUR CASE.

Having said that, there are a few notable exceptions. First, the "statute of limitations" provides a limit on how long you have to either settle your case or file a lawsuit if your case cannot be settled. So, if you are not medically resolved, but the statute of limitations date is approaching, your attorney should meet with you and explain your options. Next, in many cases the total amount of insurance funds available (policy limits) will not be enough to truly fully compensate you. Thus, no matter how badly you have been injured, no matter how much your medical bills are, the insurance coverage available simply won't be enough. Accordingly, the question presents as to whether it is reasonable to "settle" now, given that waiting will not produce any more funds for you. It may be reasonable to attempt to resolve the case, assuming all options have been explored, if this situation presents itself. Your attorney should explain your options.

Show me the money.

I recognize that most people do not voluntarily position themselves to be automobile accident victims. People generally don't get hurt just so they can collect. Please don't have misgivings about seeking money here. This isn't about getting rich. This isn't about fraud or trying to take advantage of the system. When an accident occurs and you are the victim, there is absolutely nothing wrong with feeling an entitlement to money. Our system of civil justice provides this, MONEY, as the only remedy. You are entitled to be compensated for medical expenses you incurred, for wages you lost, for mental and physical pain and suffering, for disfigurement, for aggravation, for inconvenience, for disrupting the quality of your life, and for more.

Any good personal injury lawyer will tell you his or her opinion concerning the value of your case, now that you have gotten to that "settlement-ready" posture. If they don't know, or have an opinion, what are they there for? Your attorney should set out several things in writing to you BEFORE going to the insurance company to discuss settlement. These are:

1. How much the attorney thinks your case is worth.

2. How much the attorney is going to demand. Clearly, in the upcoming process of discussion with the insurance adjuster, the attorney must have room to negotiate.

3. How much you owe in outstanding medical bills. This will affect the "net funds" you receive.

4. Whether there are liens against the proceeds of your settlement. Health insurance, worker's compensation, or a federal, state or local agency (Medicare, Medicaid) may have made some payments for your medical bills or to you for wages you lost. These groups may be entitled to be reimbursed. Again, this will affect the "net funds" you receive.

5. What options are available if settlement negotiations aren't successful.

Is the lawyer going to attempt to mediate? to arbitrate? to litigate? You should know what all of these options are, if they are available, and what the pluses and minuses are with each. AND THESE should be compared to the settlement possibilities. It should be pointed out to you that if you get 95% of what you want through settlement negotiation, it probably isn't a stellar idea to file a lawsuit, which forces delay, causes extra expense, and leaves the case unresolved.

6. Who is going to negotiate. I believe that if you hire an attorney, it is fine for the attorney to delegate non-legal, administrative matters to non-lawyer staff. On the other hand, I believe the attorney you hire should be the one who gets on the telephone and negotiates your case for you.

The very end, hopefully: a successful settlement.

Once the case is settled, the attorney should receive a check from the other party's insurance company. You should see this check. It should have your name on it as a payee. It's okay if it also has the attorney's name as a payee. You should sign the check. The attorney should present to you a document similar to what I call a "Settlement Memorandum". This document should detail the "money in" (the insurance check for settlement), and the "money out", that is, all of the things which are going to be paid from that check. These will include the attorney's fee, outstanding medical bills, any liens, and a "net" for you. The check should be placed into a special bank account which the attorney should have, called either an "escrow" account, or a "trust" account. This is an account where client funds are held, and attorneys are held to the highest of standards for the accounting of these bank accounts by attorney licensing authorities and bar associations. Routinely funds should be deposited immediately after the check is fully endorsed, and thereafter, funds should be disbursed within 5-10 days, the delay simply to allow the funds to "clear".

After care.

Your attorney should complete all legal matters relating to your case. This means sending payment for all outstanding medical bills and liens. This means providing you with a copy of all of the checks written for those purposes. You should also either be given copies of the important items in your file (medical records, for example), or your attorney should advise you that he or she will keep them for your future needs.

Some Final Thoughts.

Good luck to you. Please drive safely. Wear your seatbelt. Put your kids in car safety seats. Don't even think about drinking alcohol or using drugs and then getting behind the wheel. I hope you never get into an automobile collision. If you do, I hope you don't get hurt too badly. Remember to keep your perspective. Remember that you are more important than your car. Take your time with the legal matters ahead of you.

The Law Offices of Paul A. Samakow
http://www.samakowlaw.com

contact me: paul@samakowlaw.com

or

1-866-SAMAKOW (866-726-2569)

I consider myself a problem solver. This means, for you, all you do is concentrate on getting better. I do the rest: deal with the insurers, the car, and all of the legal and financial issues.

Questions to Ask Before Hiring a Tax Attorney, CPA Or Tax Resolution Specialist

Finding a tax professional to solve your tax problems is like the end of Indiana Jones and the Last Crusade. Make the right choice and all your wounds will be healed. Make the wrong choice and you'll be turned into a screaming shriveled skeleton. Whether it's a tax attorney, certified public account or certified tax resolution specialist (CTRS), it's important to choose your tax representative wisely.

If you've got tax problems, like delinquent tax returns, back taxes, payroll taxes or other tax collection or audit issues, your first instinct may be to open up the yellow page or Google or ask around for recommendations. Great, now you've got some names, but how can you find the right expert to give you the IRS help you need?

To avoid paying a high hourly rate unnecessarily, go through this tax attorney/CPA/tax resolution specialist interview checklist first. This checklist will help you weed out the tax relief scammers, as well as the merely inept attorneys and CPAs out there who will leave you with their high fees, your original tax debt, plus additional penalties and charges.

Print out this article and ask the following questions.

Before you face a tax attorney or tax resolution professional, first look in the mirror to get a handle on your tax problem.

Are you looking at personal income tax issues (you are an innocent spouse or a victim of tax fraud), business tax problems (such as unpaid payroll taxes, sales taxes), estate taxes, foundation or charity tax issues?
Are you dealing with just federal or state taxes too?
Do you have tax problems in multiple states or jurisdictions?
Does the IRS know about the issue yet or have you just discovered it?
Did the IRS contact you but you've buried your head in the sand hoping it would go away?
Are your records a shambles?
Can you attempt a true reckoning of what happened?
Has the IRS come to your home or place of business?
Has the IRS demanded an in-person audit?
Has the IRS garnished your wages, put in tax liens or seized any property?

Answering these questions will help you decide what kind of tax help you need.

When you get tax problem resolution professional recommendations from friends, you need to compare apples to apples. While a CPA will have a cheaper hourly rate than a great tax lawyer, they can't do what a good tax lawyer can. A great CPA can put your tax records in order so you can get a true accounting of the "historical" road just travelled, but they probably shouldn't take you into battle with the IRS because they don't spend all their time negotiating tax resolutions the way specialized tax professionals do. You need someone who battles the IRS for a living, who has learned the latest laws and knows all the secrets to helping resolve your tax problem.

That's why some tax resolution firms offer a team of expert tax professionals to help you get the best possible outcome for your tax settlement.  So before you rack up those high hourly charges, you need to make sure you are talking to the right tax professional who can do the job for you. You will be hiring this tax attorney, so treat your initial consultation as what it should be, a job interview.

Questions to ask a tax attorney, CPA or certified tax resolution specialist:

About the firm:

1. How long has they been in business solving IRS problems? The longer they have been handling negotiations with the IRS the better.  A lawyer or CPA firm may just do tax law on the side and not be dedicated to knowing the ins and outs of IRS negotiations.

2. How many tax attorneys do they have on staff? (Some firms are only CPAs, some are nothing but former IRS agents, some are straight law firms with only one or two tax attorneys). If you don't do tax resolution day in and day out, you don't know all the loopholes, tricks and tools. Look for someone who is a certified tax resolution specialist, they have to take a special exam and have a number of years of experience and continuing education in this field. There are only about 200 in the entire country who actually do this as a living.

3. What is their success rate with tax cases? Don't take a generic number here. Ask about the success rate for cases like yours. Don't expect a perfect score. For example in most cases the Offer in Compromise is a starting offer. Only about 2% are immediately accepted by the IRS. The more important number is comparing cases like yours. What is the total dollar amount negotiated in settlements divided by total dollars in tax, interest and penalties owed? In short, how much did these tax attorneys save their clients?

4. Do they offer a guarantee? Run away if they do. No one can guarantee anything. 

5. Does the law firm or tax resolution company want all the money up front? If they do, run. Once tax professionals have your money, they have no incentive to go the extra mile for you. If your tax attorney, tax resolution specialist or CPA wants some "good faith money" that's fine.

6. Do they give you a high pressure sales pitch? If they are pushing that hard, that's a warning sign to stay away. In many cases when you get a sales pitch you are talking with a salesperson, not a tax attorney or tax resolution specialist who can help you.

7. Check out your potential tax attorney or tax resolution firm with the Better Business Bureau, but keep in mind the volume of people the company serves. If the company has 20 complaints over three years but has served 5,000 clients in that time, that's a 0.4% failure rate, or said differently a 99.6% satisfaction rate. Even that can be misleading because the BBB only tracks complaints, not resolutions. Even if the client got a full refund and 100% satisfaction, the client can't withdraw their complaint once it is filed with the BBB. You could also Google their name with the words "complaint," "rip-off" and "scam." And if they are a tax attorney, check with your state's bar to see if they have any complaints against them.

8. Ask for the names of the people who own the law firm or tax resolution company. If your contact is elusive on this, run. Bottom line, you need to know who runs the show. You need the name of the owner, NOT the senior tax attorney. If your IRS case goes south or the tax attorney handling your case is a problem, you need to know exactly who you can complain to or who to seek redress from.

9. Find out the name of the tax attorney or tax resolution specialist who will be taking your case. Find out how quickly they respond to your inquiries. Do they answer their phone or email promptly? Ask for references of satisfied customers for that specific tax attorney or tax resolution professional. (Given the confidentiality of tax resolution work, a personal reference for a tax attorney might be hard to come by.)

10. Does the tax attorney or tax resolution firm have experience in multi-jurisdictional issues? Because the IRS is a federal agency, there are three people permitted to practice before the IRS. You have to be an active licensed member of the state bar, a certified public accountant actively licensed or an enrolled agent. No matter where they live, they can represent the taxpayer before the IRS is all 50 states.

11. Will this tax attorney or tax resolution specialist go with you to an in-person audit? Although 90% of tax resolution work is done over the phone, electronically or via FedEx, sometimes you need a tax attorney to literally hold your hand in an audit. But don't choose a tax attorney just because they have an office near your home. An accident of geography doesn't mean they are the right tax attorney for the job. In many cases a national firm such as ours can make sure you never have to darken the door of an IRS audit.

12. How can they help you if the IRS wants to come to your home or business?

13. Is the firm just a tax form filler? Just because they prepare a lot tax returns doesn't mean they are ready to battle the IRS. There are a number of tax resolution and "tax attorney" scams that do nothing but type up an Offer in Compromise and just mail it to the IRS. That's all the service these "tax attorneys" provide. These companies are at best, a waste of time and money and at worst, a one-way ticket to big trouble.

14. What are their prices? Don't be penny-wise but pound-foolish. Don't just lock onto a tax attorney or tax resolution firm's low price. Look for value and the number of services you get. Will this tax attorney or tax resolution professional give you preparation of all IRS forms, all backup documentation, and all negotiation with the IRS?

When you meet or interview your tax resolution specialist or tax attorney ask them:

1. Where did this tax attorney or CPA go to school for tax resolution? How current are they (how much continuing education is this tax attorney taking)?

2. How long has this tax attorney or tax professional practiced tax resolution, not straight tax law but real battle with the IRS for tax resolution?

3. What percentage of their jobs are tax problems like yours?

4. Who is their direct supervisor? What is their contact information?

5. Does the individual tax attorney, CPA or tax resolution specialist have references?

6. What is his/her personal success rate? (How many Offers in Compromise settlements have been accepted and what was the negotiated amount owed versus the initial amount of taxes owed and penalties? In short, how much has this individual tax attorney or tax resolution professional saved clients? How does this tax attorney or tax resolution specialist compare to the rest of the firm: above average or below?)

7. What sorts of releases for tax liens, levies, etc. have they achieved? How fast?

8. What sorts of penalties (like mine) have this tax attorney/ tax resolution specialist gotten waived?

9. What sorts of installment agreements in situations like mine has this tax attorney or tax resolution professional negotiated and what was the payment schedule?

Once you are convinced you have found the tax attorney or tax resolution specialist that can help you, you'll feel like you've found the Holy Grail. Choose wisely.

For more information on achieving a tax resolution for your IRS problems or back taxes, visit www.taxresolution.com for a free tax relief consultation or call 866-IRS-PROBLEMS.

Michael Rozbruch, one of the nation's leading tax experts, is a Certified Tax Resolution Specialist (CTRS), licensed CPA in the state of Maryland and the founder of Tax Resolution Services. He teams up with an expert staff of tax attorneys, CPAs, and tax relief professionals to help individuals and small businesses solve their IRS problems with tax liens, unfiled back taxes, offers in compromise, wage levies, tax relief, delinquent returns, tax debt installment plans, bankruptcy and protecting an innocent spouse from unfair tax burdens. Michael also shares valuable tax advice and information in his blog - Tax Resolution University

Accident, Injury & Settlement Tips - I Want To Fire My Attorney!

A previous article in this series explored what your attorney should be doing for you in a personal injury (PI) case. This article addresses how to deal with an attorney who's not doing what he's supposed to do.

It's always amazed me how some PI attorneys sit on a case. Think about it. PI attorneys are usually paid on a contingent fee - meaning, they get a percentage of whatever they can get for you. Why then would your attorney let your case sit idle? To be sure, the attorney's overhead expenses aren't sitting idle.

The answer falls neatly into two categories - either your attorney is too busy, or he's too lazy. While the former is certainly better than the latter, neither is good for you.

Here's the steps you should take if you suspect your attorney is too busy or too lazy:

1. Speak to or meet with a top PI attorney in your area to find out what a real attorney would be doing on your case.

These consultations are almost always free.

How do you find the top attorney in your area? Not on TV and not in the Yellow Pages. If you like, you may call me or email me and I'd be glad to help you. The best way to email me is to get your claim value by filling out the 10 questions in the Claim Calculator link below. That will give me both your email address and specific information about your case (amount of property damage, medical bills, wage loss, etc.) I'm able to find, through trial lawyer association list-serves and other means, the top attorneys in every area of the United States. I communicate directly with the attorney about your case particulars, and if he's willing to meet with you, I connect you with the attorney so you can schedule a time to meet or speak about your case.

How do you know an attorney is one of the best in your area? Simple - he posts his million dollar results right on his website. Attorneys that I help people find are the best - their results speak for themselves. An attorney that doesn't post their results on their website is not proud of their results. You can rest assured an attorney that has repeatedly recovered over a million dollars for individual clients knows how to successfully handle your file. Successful attorneys also have reputations that insurance companies are aware of. That reputation can make a big difference when the insurance company is deciding whether to settle for a reasonable amount or jerk around your lazy attorney until he persuades you to take a low-ball settlement.

2. Fire him or make him quit?

What happens if you hire him? It varies state by state, so check with the new attorney you meet with. Typically, attorneys are entitled to be compensated for the work they've done on the case up till the time you fire him. Usually, this is determined by the number of hours he worked multiplied by a reasonable hourly rate (based on his experience). He must release the file to you (it belongs to you). He may keep a copy of the file, but usually the ethical rules require the copying be done at his expense. The attorney can place a "lien" for the time he spent on your case - which is only paid if and when you get a recovery with your new attorney.

Important: If your new attorney really wants your case (and you ask for it), the new attorney will often pay the old attorney lien out of the new attorney's 1/3 fee. In other words, switching attorneys won't cost you anything extra. In fact, for the same 1/3 attorney fee you were always going to pay, you now have a much better attorney who will get you even more compensation for your injuries.

What happens if he quits? If your attorney quits, he can't claim an attorney lien for the work he has done. If your attorney quits, you don't have to worry whether your new attorney will agree to absorb the attorney lien within his contingent fee. And the new attorney doesn't have to worry about fighting the old attorney on an unreasonable attorney lien.

A lazy attorney will usually grow tired of a client who persistently calls the attorney demanding proof the case is moving forward. Frequent calls to the attorney usually do the trick, although it never hurts to "pop by" the attorney's office and ask to meet with the attorney, or if he's not available, his paralegal. If no one's available by phone or in person, insist on a day / time to meet in person. Tell them you'd like to review the entire file. When you do meet (or speak by phone), find out when the attorney intends to file suit. Filing suit forces the insurance company to hire an attorney (i.e. pay money). It also triggers deadlines the insurance company must meet. Without deadlines, the insurance company is happy to keep your money in the stock market - which is really how insurance companies have historically built wealth. That's why insurance adjusters are trained to delay the claim as long as possible. By repeatedly demanding that your attorney file suit, or withdraw from the case so you can hire an attorney that will, you may be able to get rid of that lazy attorney.

Feel free to contact me (through the free Claim Calculator below) if you have any questions.

Komron Michael Allahyari, Esq. has been practicing law for over 17 years and is the founding member of Washington Law Group (http://walawgroup.com). He has handled multi-million dollar personal injury cases in several states and recently invented the free Claim Calculator for injured people to obtain a quick valuation for their claim (http://collisionwizard.bbbvideo.com/cw1).

5 Steps to Hiring a Brain Injury Attorney

One of the most important decisions a traumatic brain injury survivor must make following an accident is choosing the right attorney. Finding the best attorney for your case can be a daunting task, especially for someone with a brain injury.

Choosing an attorney should not be taken lightly in Wisconsin, because the law here makes it extremely difficult to fire your personal injury attorney and find a new attorney to take over your box. The following 5 simple steps will help you find the right Brain Injury Attorney for your case.

1 Identify the Type of box You Have

Start by identifying your particular accident. If you were injured in an automobile crash, then you need an attorney handling auto accident claims. If, on the other hand, you were injured in a semi-truck crash, then you need an attorney that has successfully handled tractor-trailer accidents in the past. The Internet is a great resource to gather general information about your particular accident and finding an attorney with experience handling such a case. For example, conduct a web search for "(your_state) Car Accident Attorney," "(your_state) Truck Accident Attorney," etc.

2 Research Your Specific Type of Injury and Your Symptoms

You should also conduct research on your specific type of injury and symptoms. For example, you could conduct a web search for "Mild Traumatic Brain Injury," "Moderate Traumatic Brain Injury", "Severe Traumatic Brain Injury," "Post – Traumatic Headache," "Dizziness", etc.

3 Search for Names of Potential Attorneys

Once you have identified what type of case and the type of injury you have, and have done some preliminary internet research, you can begin searching for attorneys that have experience in accident cases that result in injuries to the brain. Again you should turn to the Internet. The Yellow Pages may also be of benefit, however, because there is a limited amount of information that can fit on one page it is usually an inadequate resource. Television is even less helpful, because of the time limit on the ads and the insistence of some personal injury attorneys to run generic catch-all commercials promising a big settlement on all types of case and injuries. Search the web for an attorney with experience handling your particular type of accident and your particular type of injury, including your symptoms.

Once you have your list of possible attorneys, you should read their particular websites closely. Check out the organizations to which they belong. They should belong to organizations that advocate for victims that have survived traumatic brain injuries. Also, look for past settlements and jury verdicts concerning traumatic brain injury.

4 Call and Request Written Material From the Attorney

It is critical that you choose the right attorney from the outset. You can simply call the first attorney you see on TV and set up an appointment. However, this is not recommended as it is hard for you to determine whether this attorney is truly experienced with traumatic brain injury based simply upon a TV advertisement. Instead, call and ask the potential attorney to send you information this attorney uses to develop and document his client's traumatic brain injury symptoms. If you request written material before meeting with the attorney, then you cannot be pressured into signing something you may regret later. You will be able to first read the attorney's educational materials and then decide on your own time whether this attorney is right for your case.

If you do call an attorney for written materials and instead of politely sending you some free educational information, they attempt to get you into their office or offer to send someone out to your house or hospital room, then beware. Brain injury victims are usually quite vulnerable following an accident and they should never feel pressured into signing anything, including an attorney's fee agreement.

If the attorney or law firm does not offer informative, written materials, or if they are pressuring you to come in and sign a retainer, then they may not be reputable.

Keep in mind that the ethics rules prevent attorneys from directly contacting you in person, by telephone, or by email, unless you contact them first. If an attorney solicits you without your request, then you should immediately report them to the Office of Lawyer Regulation (877) 315-6941.

5 Schedule an In-Person Appointment with the Attorney and Ask Questions

Once you have done the necessary background research, it's time to set up a face-to-face meeting with the attorney. Make a list of issues and bring the list with you to the appointment. If the attorney is competent and experienced with traumatic brain injury, he/she will likely appreciate your persistence and answer your question much more directly.

Here are some suggested questions to ask:

Will you be the one handling my case from start to finish? (If the answer is "no," immediately request to meet with the attorney that will be handling your case from beginning to end).

What is the process for handling my case? What steps will you go through?

When will my case be ready to be resolved? (If the attorney promised a quick settlement, they may be telling you what they think you want to hear as opposed to the actual truth).

How many active boxes are you personally handling at the present time?

Have you ever represented people with traumatic brain injuries before? What were some of the results?

How do you obtain most of your brain injury cases? (Referrals from attorneys, other professionals and former customers is the right answer).

Have you attended or presented at any brain injury conferences or seminars?

Do you belong to any trial lawyer brain injury organizations?

Are you a member of any national brain injury associations?

Are you a member of your state's Brain Injury Association?

What is your AVVO ranking? (A rank of 9 + is excellent).

Attorneys that devote a majority of their practice to the representation of traumatic brain injury survivors will not be learning on the job during your case. They will not have to learn new medicine for your box.

Instead, you can be comfortable with an attorney experienced in the representation of brain injury victims knowing they have worked with some of the best experts in the fields of medicine for brain injuries and an experienced brain injury attorney will not be intimidated when faced with brain injury medical experts that have been retained by the insurance companies to say that you did not sustain a life-changing injury. As a result, experienced traumatic brain injury attorneys are usually in a much better position to obtain the appropriate amount of damages for their clients with traumatic brain injuries because they have a better idea as to the amount a jury may award for this specific kind of injury.

Randy Rozek, Wisconsin Traumatic Brain Injury Attorney and owner of Rozek Law Offices SC, invites you to visit Wisconsin's leading website at http://rozeklaw.com/wisconsin-traumatic-brain-injury.htm for more articles and legal information on traumatic brain injury. You may also feel free to contact Attorney Rozek via the web contact form or live chat for legal advise.

Conseils efficaces pour choisir un procureur de faillite droite

Nowadays we hear lots of people losing their jobs as unemployment is increasing a lot. We can never say that we will not face the situation as the unexpected happens. We should be ready with the solutions for the life's most unexpected and complex financial problems.

In case if you are unable to come out of your financial problems, then you can consider filing bankruptcy. Purpose, you should be aware of how to choose a bankruptcy attorney. Choosing an experienced bankruptcy lawyer will make a big difference to your financial situation. Consult the attorney before making a decision as it will impact your financial situation. Search the internet and come to a decision by reviewing all the recommended lists of your state's bankruptcy lawyers.

Bankruptcy laws exist to give a solution to the person who is systemic with debt and want to start freshly. These laws change frequently, in order to get most out of these constantly changing laws, a debtor needs a smart and experienced lawyer who deals entirely with bankruptcy. If you are in financial hardship and have a need of bankruptcy attorney, below are few things to take into account while choosing.

Gather a list of bankruptcy attorneys: Call the local bar association, talk with your friends and neighbors who have already taken the help of bankruptcy attorneys for reference, browse the internet to find attorneys in your area. After collecting a list of bankruptcy attorneys, depending on what type of attorney you need – consumer, commercial, business or personal, choose the best bankruptcy attorney. Call the attorneys personally and talk to them, this will help you to narrow down your choices and helps you in choosing the best attorney.

Consult the attorneys personally: Bankruptcy attorneys provide free consultation for first time, if the attorney charges the fee move on to the next attorney in the list, speak with attorney personally and find out how much experience he has and number of cases they have handled successfully. The bankruptcy attorneys should be able to provide detailed information about the bankruptcy from the scratch. If they don't provide the information confidently for the questions you ask and look unclear, move on to the next attorney.

Find out the amount you have to pay: Ask the attorney about the amount you have to pay fully from beginning to end. Depending on where you live and the type of debt you are in, the bankruptcy attorney will charge you $1,000 to $3,500. While choosing the bankruptcy attorney don't always choose the eating one. Find out which attorney is more qualified and who has good experience. Some bankruptcy attorneys will ask you to pay the fee fully in advance before filing the case. Talk to the attorneys in advance and come to a conclusion.

Options with the attorneys: Discuss all your options with the attorneys, make sure that the attorney you choose is ready to work for you, there are several attorneys who file your case without having interest to take up the case for quick fee. You can find out easily whether the attorney you thing is really interested to take up the case by interviewing the attorney.

Ratings and reviews: Check out the ratings and reviews about the internet from your friends and attorney.

Surely all the above steps will help you to find out good bankruptcy attorney. as a result you will debate get out of your debts.

Bankruptcy attorney Riverside will help you a lot in making your bankruptcy case a success. If you want to know more about your bankruptcy filing in Riverside, you can make a free consultation with our attorney and discuss about your case

Three Lessons on Durable Powers of Attorney

Durable powers of attorney are an essential element in a succession plan complete, allowing a continuous financial incapacity. Under a durable power of Attorney, an attorney in fact makes financial decisions on behalf of the principal. In fact, the Attorney General may administer large and broad powers. Conversely, the powers granted by a durable power of attorney may be limited to specific assets or powers. Accordingly, the level of control in fact given the Attorney General should reflect the specific requirements of the estate and comfort of the principal with a general grant of authority. In this article, the author taught three lessons on effective execution and implementation of lasting powers of attorney.

First lesson: why so I need one now?

The legality of lasting powers of Attorney arising from the Statute of the Agency. Principles of agency law, an individual whose capacity can give an officer powers - to contract, to represent the principal or to revoke or amend a trust, for example. In the case of a non-sustainable power, the Agency ends on the inability of the principal. Sustainable powers survive failure, but the principal must have the ability at run time to perform a valid authority.   Therefore, the execution of a durable power of Attorney for financial management must be performed before a failure.

To wait until it becomes unable to consistently express its wishes with respect to financial management decisions is too late, and a same court-appointed may be necessary. What the trustee successor named in my trust, or the executor of my will? They would be able to intervene? Since the principal does not die of incapacity, only an attorney in fact designated under a properly executed proxy may intervene to make decisions of financial management. Last minute sustainable of power of attorney executed in disability would not survive a challenge judicial, however dear or damage the result.

The second lesson: consider making immediately effective power

Often, imprudent estate planners will execute "durable powers of Attorney, sees" which will become effective on the inability of the principal. Incapacity is determined according to a test in the power, as a decision made by a physician or a given court decision. But who wants to go through the expense, difficulty and uncertainty to initiate legal proceedings to determine disability? One of the objectives of estate is not planning to avoid delays and unnecessary costs? In addition, doctors frequently not hesitate to make decisions for incapacitated due to the liability that they may face.

In most cases, a better strategy would be to run an immediately effective durable power of Attorney, which gives an attorney in fact the power to make decisions on behalf of the principal without any finding of incapacity. Many fear an immediately effective proxy, reasoning that no one should receive such power over their financial affairs unless they are completely incompetent. If they in fact have such a lack of confidence for the Attorney General, why they are running a proxy in the first place? One would think that even more confidence would be necessary when the principal is incompetent and has little influence on the Attorney in fact. Finally, simple measures can be taken to avoid disasters before disability. Consider sealing of a copy of the durable power of Attorney in an envelope labeled "do not open until my inability." In addition to the oral instructions, this can help avoid the scenario of a runaway Attorney in fact who uses the proxy to access the financial accounts prior to disability.

Lesson 3: what powers expected the Attorney in fact be given?

The powers of a Prosecutor in fact dependent on the desires of the main and the particular concerns that stem from the types of assets held. The durable power of Attorney must be coordinated with health advance directive, trust and the will to ensure that they not contradict each other. Namely, the Prosecutor should in fact have the power to create trusts? To cancel or modify existing trusts? The Attorney General would in fact have a power to himself or others donate? These powers can help ensure that the preparation for the care of long-term (medical) or tax planning can take place even after the failure.   Before executing a power of Attorney, individuals should be fully informed powers they grant and the possible consequences of these scanning of power concessions. In all cases, it is best to consult a lawyer who can provide advice on specific risks.

Conclusion

Durable powers of attorney are one of five basic estate planning documents discussed in this article series. Unlike a will or trust, which deals primarily with the decisions taken to death, the deals with lasting power of Attorney estate planning and financial management of life issues. People should be aware of the risk waiting to run the proxy; the dangers of the "sees" powers. the range of powers which may be given to the lawyer of fact; and risks associated with a scan of the authority of the Attorney General in fact grants.   --

This article is intended to provide general information about estate planning strategies and should be relied upon as a substitute for legal advice from a qualified attorney. The Treasury regulations require a limitation of liability, to the extent that the article is, tax issues, it is not intended to be used and cannot be used by a taxpayer for the purpose of avoiding penalties that may be imposed by the Act.

John c. Martin is an estates, trust and probate lawyer in Menlo Park. For more ideas, visit its Web site: http://www.johncmartinlaw.com