If you've ever been the party of the first part or the party of the second part, you know that the legal maze can get pretty confusing. You also know there's no substitute for good legal advice.
But how do you decide when you need that advice? Some cases are obvious; others are not. Some problems may be handled by government agencies or in other ways that don't require legal representation. But if you do need legal advice, how do you find it?The Utah State Bar has a program that will help. The Tuesday Night Bar gives people an opportunity to meet with a legal professional who will listen to their problem, assess the nature of the situation and make a recommendation or referral to an attorney or appropriate agency for additional help.
While there is no charge for this service, you do need to make an appointment, says Charlotte L. Miller, an attorney with Watkiss & Sapperstein who is working as a volunteer with the Tuesday Night Bar. Call 531-9077, of if you live outside Salt Lake City, call toll-free 1-800-662-9054. Tuesday Night Bar is open from 4:30 until 7 p.m. every Tuesday.
The legal professionals are volunteer lawyers and senior law students who are under the supervision of an experienced attorney. Your appointment will be for 15-30 minutes.
The volunteers can provide advice and referral in such areas as divorce, child custody, bankruptcy, consumer complaints, landlord-tenant disputes, Social Security, wills and estates and other personal and civil matters.
"Often, people who are getting ready to go to Small Claims Court will bring their papers in just to have some one look them over," says Miller. "The biggest percentage of cases probably involve domestic issues such as divorce or child support."
At Tuesday Night Bar, you will be asked to complete a form describing your legal problem and providing some personal information such as address, age, occupation and income. All information provided is confidential. You should also bring copies of all documents, receipts and records that pertain to your problem.
The volunteer basically will listen and ask questions. In many cases, the lawyer will be able to provide all the answers you need during the interview. But if further legal help is needed, the attorney will give you the name of an attorney or agency who will meet with you. The attorney can also tell you if you would qualify for free or low-cost legal assistance through state and local agencies.
If you do not qualify for free legal help and still need legal assistance, you will be referred to a private lawyer who will agree to meet with you for 30 minutes without charge. There is a $15 referral fee for this service, payable to the Utah State Bar, says David Holdsworth, an attorney with Romney & Condie, who also works with the Tuesday Night Bar and the Lawyer Referral Service. Following that initial interview, the client and lawyer will then make their own fee arrangements if further legal work is to be performed.
If the problem does not require legal assistance, the volunteer will provide help and advice in seeking other avenues of help.
One of the goals of the Tuesday Night Bar is to provide a user-friendly introduction to the legal system, says Miller. "Many people feel the system is only for the rich or for the powerful corporation or for the criminal, but it should be accessible to everyone," adds Holdsworth.
There are other misconceptions out there about the legal system, they say. "People have the notion that the courts are overcrowded and that it will take years to have their case tried, but that's not true," says Miller. "Most small cases can be resolved in six months at the most."
Some people think that you have to have a trial or that it will take two years to get a divorce. Others judge the legal system only by what they see on TV.
Another thing to remember if you are looking for legal advice, says Holdsworth, is that you need to be open and honest at all times. "Don't hold anything back because you think it will hurt your case or because you are embarrassed.
"Remember that you are not there to convince the lawyer you have a case but to get his opinion on the merits of your case. You have to tell him or her everything good or bad."
And by the same token, the lawyer's job is to tell you what your options are, to make recommendations - but not to impose his ideas either.
Above all, advise the attorneys, don't be afraid to ask questions. There are no dumb questions when it comes to legal matters.
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(ADDITIONAL INFORMATION)
Figuring out Fees
What will it cost? That's an important question to ask in seeking legal advice. Lawyers use a variety of methods in setting fees; you should know what to expect from the very beginning, advises the Utah State Bar's Committee on the Delivery of Legal Services.
Most lawyers will negotiate a written employment and fee agreement with the client prior to the establishment of the attorney/client relationship. Be sure you understand the terms and arrangements of the fee agreement.
Very few legal cases are exactly alike, and fees can vary based on a number of factors - the novelty and difficulty of the matter; the amount of money involved and results obtained; the time limitations set by the client or the circumstances; the ability, experience and reputation of the attorney.
Other fee factors to take into consideration are:
RETAINERS: Some lawyers will expect a fair downpayment or retainer to cover initial work. The retainer often bears little relationship to the final cost. Some attorneys will refund retainers if the client decides not to pursue the matter or seeks legal help elsewhere; others set non-refundable retainer fees. Discuss this with your attorney.
ARRANGEMENTS: Fees may be derived in a number of ways:
- Hourly rates: Many matters are billed on an hourly basis. Time records are kept by the attorney for all work done for the client, including office or telephone conferences, document preparation and review and legal research. Some attorneys charge more for court appearances than office time.
- Contingent fees: In certain matters, such as civil suits, personal injury, foreclosure or collections, fees are a percentage of what is collected - often about one-third if a lawsuit is filed. The fee may be less if the matter is concluded without filing a lawsuit.
- Fixed fees: Legal matters that are likely to follow a familiar pattern - such as preparation of a will, uncontested divorce, a personal bankruptcy - may be billed on a fixed-rate basis.
COURT ORDER: Occasionally, fees are set by the court itself. This would occur in the probate of an estate or in matters where a contract or statute specifically provided for reasonable attorney's fees. In such cases, the court may order one party to pay the attorney's fees of the other party.
COSTS: Usually, the client is charged for out-of-pocket costs incurred by the attorney in connection with the legal matter. These might include filing fees, witness fees, mileage, sheriff's and constable's fees, expert witness fees, copying costs, long distance telephone charges, etc. In some litigated cases, the loser will be required to pay the costs of the winner. Before pursuing a lawsuit, you should ask your lawyer what the risks are in your case, and what the costs are likely to be.
LEGAL INSURANCE: Some clients may be eligible for legal insurance, which would pay a portion of their legal fees. You should check with your employer to see whether these benefits are available to you.
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A glossary of common terms
Here's a guide to some of the common, basic legal terms you should know:
ACTIONABLE: Furnishing legal grounds for an action.
AMORTIZATION: Repaying debts gradually through payments of principal and interest.
ASSIGNMENT: A transfer to another of the whole of any property, real or personal, or of any estate or right specified.
ASSIGNEE: A person to whom an assignment is made; grantee.
ASSIGNOR: A person who assigns or transfers property to another.
CHATTEL: An article of personal property, as opposed to real property; a thing that is personal and movable.
COLLATERAL: Property that is pledged as security for the satisfaction of a debt.
HERETOFORE: This simply denotes time past, as opposed to the present or future.
INTESTATE: This means that a person died without a valid will and that the estate must be distributed strictly according to the laws of the state.
LESSEE: One who rents property from another. In the case of real estate, the lessee is the tenant.
LESSOR: One who grants a lease and rents property to another; in the case of real estate, this is the landlord.
LIEN: A charge or claim against property for overdue taxes, and other city, county, state or federal claims.
LIQUIDITY: The status or condition of a person or a business in terms of his ability or its ability to convert assets into cash.
RESCIND: To annul, void or cancel a contract.
SAID: Aforementioned. This word is frequently used in contracts.
THEREAFTER: After the time last mentioned, subsequently.
THEREBY: By that means; as a consequence of that.
THEREFORE: For that thing; for it or them.
THEREIN: In that place.
THEREUPON: Without delay or lapse of time.
WORDS OF ART: The vocabulary or terminology of a particular art or science, and especially those expressions that are idiomatic or peculiar to it.