Why Do I Need An Attorney?
Sometimes it’s obvious. Maybe you were involved in a car accident and the insurance company is denying coverage. Maybe your dog bit a neighbor’s child. Perhaps you, heaven forbid, were arrested driving under the influence! There’s an old saying that if you represent yourself, you have a “fool for a client”. But how do you know?
You should first consider “what’s at stake?” Are your finances or liberties in serious jeopardy? Many situations, both good and bad, mandate that you obtain a lawyer’s advice to protect legal rights and financial interests. Good legal advice helps you comply with and steer through the complex mazes of governmental rules and regulations.
Ultimately, you will rest easier after consulting with an experienced lawyer for important undertakings such as tax and estate planning, drafting wills and trusts, negotiating business deals and even pursuing personal family matters such as adopting children.
Sunday, June 1, 2008
How to Choose the Best Attorney
How to Choose the Best Attorney
Believe it or not there are 26,459 active, resident practicing attorneys in Georgia. How do you choose the one that best fits your situation? It can be overwhelming to say the least. Please note: the below suggestions constitute my opinions only. I have been plaintiff's litigation legal assistant specializing in cases of catastrophic injury and wrongful death involving aviation accidents, automotive and general products liability, car, truck, and construction accidents, medical malpractice, and premises liability for over 18 years. I have seen the good, the bad and the ugly. Below are my suggestions for finding the attorney best suited for you.
• Ask your relatives, friends, and business colleagues for a reference. Needless to say, if they will recommend an attorney they have used, then they were satisfied with the services provided.
• Do you have a friend or relative in the legal profession? Of the 26,000 attorneys listed as active in Georgia, they have staff. Chances are you have a friend, neighbor or relative who is associated with the legal profession. Ask who they would choose if they needed an attorney.
• Contact your local bar association. This could be on the city or state level. Although the attorneys who are listed as members pay a fee to be on the referral list, they must adhere to strict ethical standards and must be in good standing with the state bar.
• Finally, shop around. There is no limit to the number of attorneys you can interview prior to choosing one. I recommend contacting and meeting with at least 3 prior to making a decision.
Believe it or not there are 26,459 active, resident practicing attorneys in Georgia. How do you choose the one that best fits your situation? It can be overwhelming to say the least. Please note: the below suggestions constitute my opinions only. I have been plaintiff's litigation legal assistant specializing in cases of catastrophic injury and wrongful death involving aviation accidents, automotive and general products liability, car, truck, and construction accidents, medical malpractice, and premises liability for over 18 years. I have seen the good, the bad and the ugly. Below are my suggestions for finding the attorney best suited for you.
• Ask your relatives, friends, and business colleagues for a reference. Needless to say, if they will recommend an attorney they have used, then they were satisfied with the services provided.
• Do you have a friend or relative in the legal profession? Of the 26,000 attorneys listed as active in Georgia, they have staff. Chances are you have a friend, neighbor or relative who is associated with the legal profession. Ask who they would choose if they needed an attorney.
• Contact your local bar association. This could be on the city or state level. Although the attorneys who are listed as members pay a fee to be on the referral list, they must adhere to strict ethical standards and must be in good standing with the state bar.
• Finally, shop around. There is no limit to the number of attorneys you can interview prior to choosing one. I recommend contacting and meeting with at least 3 prior to making a decision.
Small Business Sense
Small Business Sense: Someone Sued Me…Now What????
We live in a very litigious society. Anyone can file a law suit with or without an attorney. During 2007 in Georgia alone, a total of 168,560 civil lawsuits were filed. Of that number 93,602 were unresolved and open as of December 31st. Many people are looking for a quick buck and do not want to take responsibility for themselves.
But what do you do when you receive notice of a lawsuit against you? Below are 4 important considerations should you find yourself involved in a lawsuit:
• Be prepared. Always, always, always have a written agreement. The easiest, most economical and the method used by most legal professionals is a letter agreement.
• Once served with notice of a lawsuit, DO NOT hide your head in the sand. The clock is ticking. Once you have been served with a lawsuit you have 45 days to file an Answer.
• Seek the advice of an attorney. You may decide to represent yourself but it is always advisable to contact an attorney. Look for an attorney that provides a free consultation.
• Consider the cost of litigation. Litigation exists primarily for the purpose of collecting money or protecting a business -- not to prove principles. Do not become involved in litigation because of the principle of the matter. Small businesses exist solely for the purpose of making a profit. In some states you generally are not entitled to attorneys fees when you collect a debt unless they have been agreed to in writing. Settle and go on with your business.
We live in a very litigious society. Anyone can file a law suit with or without an attorney. During 2007 in Georgia alone, a total of 168,560 civil lawsuits were filed. Of that number 93,602 were unresolved and open as of December 31st. Many people are looking for a quick buck and do not want to take responsibility for themselves.
But what do you do when you receive notice of a lawsuit against you? Below are 4 important considerations should you find yourself involved in a lawsuit:
• Be prepared. Always, always, always have a written agreement. The easiest, most economical and the method used by most legal professionals is a letter agreement.
• Once served with notice of a lawsuit, DO NOT hide your head in the sand. The clock is ticking. Once you have been served with a lawsuit you have 45 days to file an Answer.
• Seek the advice of an attorney. You may decide to represent yourself but it is always advisable to contact an attorney. Look for an attorney that provides a free consultation.
• Consider the cost of litigation. Litigation exists primarily for the purpose of collecting money or protecting a business -- not to prove principles. Do not become involved in litigation because of the principle of the matter. Small businesses exist solely for the purpose of making a profit. In some states you generally are not entitled to attorneys fees when you collect a debt unless they have been agreed to in writing. Settle and go on with your business.
Enforcing Parental Responsibility to Pay Child Support
Enforcing Parental Responsibility to Pay Child Support
If a parent does not obey a support order, he or she may be found in contempt of court. A contempt action may be filed against the non-custodial parent who fails to make support payments or does not maintain the required medical insurance. Non-custodial parents found in contempt of court may be fined, sentenced to jail or both. The judge may order the non-custodial parent who is unable to pay to enroll in the Fatherhood Program. In addition, the non-custodial parent is still obligated to pay the full amount of past-due support. The child support order may also be enforced through:
• Withholding child support from paychecks, unemployment or weekly worker's compensation benefits.
• Intercepting federal and/or state income tax refunds.
• Reporting parents owing $7,500 or more in child support payments to credit bureaus.
• Suspending or revoking driver's, professional or occupational licenses for failure to pay child support.
• Reviewing and changing child support orders periodically.
• Intercepting lottery winnings of more than $5,000.
• Filing contempt of court actions, which may result in a jail sentence if the non-custodial parent is found in contempt of court.
• Filing liens to seize matched bank accounts, lump sum worker's compensation settlements and real or personal property.
• Denying, suspending or revoking the passport of someone who owes more than $5,000 in child support.
If a parent does not obey a support order, he or she may be found in contempt of court. A contempt action may be filed against the non-custodial parent who fails to make support payments or does not maintain the required medical insurance. Non-custodial parents found in contempt of court may be fined, sentenced to jail or both. The judge may order the non-custodial parent who is unable to pay to enroll in the Fatherhood Program. In addition, the non-custodial parent is still obligated to pay the full amount of past-due support. The child support order may also be enforced through:
• Withholding child support from paychecks, unemployment or weekly worker's compensation benefits.
• Intercepting federal and/or state income tax refunds.
• Reporting parents owing $7,500 or more in child support payments to credit bureaus.
• Suspending or revoking driver's, professional or occupational licenses for failure to pay child support.
• Reviewing and changing child support orders periodically.
• Intercepting lottery winnings of more than $5,000.
• Filing contempt of court actions, which may result in a jail sentence if the non-custodial parent is found in contempt of court.
• Filing liens to seize matched bank accounts, lump sum worker's compensation settlements and real or personal property.
• Denying, suspending or revoking the passport of someone who owes more than $5,000 in child support.
Durable Power of Attorney for Health Care
Durable Power of Attorney for Healthcare
The Patient Self-Determination Act (PSDA), passed by Congress in 1990 requires hospitals, nursing homes, hospice programs, home health agencies, and HMO’s to provide its patients, at the time of admission, certain information about their rights under state laws governing Advance Directives, including: (1) the right to participate in and direct their own health care decisions; (2) the right to accept or refuse medical or surgical treatment; (3) the right to prepare an advance directive; (4) information on the provider’s policies that govern the utilization of these rights. The act also prohibits institutions from discriminating against a patient who does not have an advance directive.
Advance Directive is a general term for the legal documents that allow you to make important decisions about your future health care and end of life support before you become seriously ill or injured. These documents insure that your wishes will be followed even if you are unable to communicate. Advance Directives include Living Wills and Durable Power of Attorney for Health Care.
A living will may also be called a "medical directive", "declaration" or "directive to physicians". If you are unable to speak for yourself and terminally ill or permanently unconscious, this document gives written instructions spelling out any treatments you want or don't want. In essence it says, “Whoever is making the decisions, follow these instructions exactly!” A living will is very limited—it usually applies only to end-of-life decisions, and standard instructions tend to be general.
A health care power of attorney, sometimes referred to as a health care "proxy," or "medical power of attorney" is a document that appoints someone of your choosing to be your authorized "agent" (or "attorney-in-fact" or "proxy"). You can give your agent as much or as little authority as you wish to make health care decisions. The decisions are not limited to just end-of-life decisions. Appointing an agent provides someone with authority to weigh all the medical facts and circumstances and interpret your wishes accordingly. A health care power of attorney is broader and more flexible than the living will.
A comprehensive Health Care Advance Directive combines the living will and the health care power of attorney into one document. In addition, you may include any other directions, including organ donation or where and how you prefer to be cared for. Because it is more comprehensive and more flexible than the other tools, it is the preferred legal tool.
Once you have completed your Health Care Directive, keep the original in a safe place. You should provide a copy to your physician, your agent, a successor agent or other family member, any health care facility that will be treating you in the future, and your attorney. You could keep a card in your wallet stating that a health care directive exists and information on how to contact your agent. [1]
Affordable, easy to complete, do-it-yourself, Georgia Health Car Directive is one of our most popular templates. The template is available for email delivery for only $5.00. Please contact us for more information and payment options.
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