Friday, November 11, 2011

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.




Thursday, November 10, 2011

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.




Wednesday, November 9, 2011

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.




Tuesday, November 8, 2011

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).