Dec
31
Should you Use an Attorney’s Fee Clause
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Attorney William asked:
Most “standard” real estate contracts and leases contain provisions that state something to the effect, “If there is any dispute as to the agreement, the winning party is entitled to attorney’s fees.” Is this a good idea?
Well, yes and no. First, understand that attorney’s fees are generally not awarded by the court to the winning party in a lawsuit. There must be either a specific statutory provision or a clause in the disputed agreement that calls for attorney’s fees. In addition, a court may award attorney’s fees where there is “bad faith” on the part of one of the litigants, but judges rarely enforce this rule.
If you have to sue another party to a lease or contract for $100, it hardly seems worth the effort if you have to pay your attorney $2,500 to file the lawsuit. In such cases, the opposing party may thumb his nose at you and say, “so sue me”. The court system is very unfair to the poor in this regard. However, if you are the potential defendant, it works in your favor if someone is thinking of suing you for some bogus reason and you know that they can’t afford an attorney.
So, should you always insert an attorney’s fee clause in every contract or lease that you sign? Well, that depends on whether such a clause inures to your benefit. For example, if you are a landlord, chances are you will be suing your tenant for non-performance of the lease, not vice-versa. So, having the ability to get attorney’s fees if you win is to your benefit. Of course, this may be futile, since any judgment may be uncollectible, whether for $100 or $10,000. But, if you think you can collect a judgment, go ahead and put the clause in your lease.
Another example might be a purchase contract with a seller in foreclosure. Suppose you have an agreement to buy a property from a seller who is near insolvency. If he breaches the agreement, you can sue, but what will you get? On the other hand, if he can convince a court that YOU are in breach, you could lose and end up paying HIS attorney’s fees. Thus, you can see how an attorney’s fee clause may work against you. If you get into a dispute with a seller or buyer and they cannot afford an attorney, you reduce your risk if something goes bad. Remember, whether you are right or wrong in your actions involving a real estate deal, it’s what is proven in court that matters. Having plenty of trial experience, I can tell you that going to court is a gamble - sometimes you win, sometimes you lose, and truth and justice have little to do with it.
Finally, some agreements will state that if one party must enforce the agreement in court (e.g., the landlord in a lease), the landlord is entitled to lawyer fees. Many courts will apply the rules in reverse, even if the agreement doesn’t explicitly state. So, you cannot necessarily limit attorney’s fee if one party wins but not the other.
As with any transaction, you could consult with an attorney before drafting any agreement you are uncertain of.
Click Here for more info for Should You Use an Attorney’s Fee Clause
Rebecca
Most “standard” real estate contracts and leases contain provisions that state something to the effect, “If there is any dispute as to the agreement, the winning party is entitled to attorney’s fees.” Is this a good idea?
Well, yes and no. First, understand that attorney’s fees are generally not awarded by the court to the winning party in a lawsuit. There must be either a specific statutory provision or a clause in the disputed agreement that calls for attorney’s fees. In addition, a court may award attorney’s fees where there is “bad faith” on the part of one of the litigants, but judges rarely enforce this rule.
If you have to sue another party to a lease or contract for $100, it hardly seems worth the effort if you have to pay your attorney $2,500 to file the lawsuit. In such cases, the opposing party may thumb his nose at you and say, “so sue me”. The court system is very unfair to the poor in this regard. However, if you are the potential defendant, it works in your favor if someone is thinking of suing you for some bogus reason and you know that they can’t afford an attorney.
So, should you always insert an attorney’s fee clause in every contract or lease that you sign? Well, that depends on whether such a clause inures to your benefit. For example, if you are a landlord, chances are you will be suing your tenant for non-performance of the lease, not vice-versa. So, having the ability to get attorney’s fees if you win is to your benefit. Of course, this may be futile, since any judgment may be uncollectible, whether for $100 or $10,000. But, if you think you can collect a judgment, go ahead and put the clause in your lease.
Another example might be a purchase contract with a seller in foreclosure. Suppose you have an agreement to buy a property from a seller who is near insolvency. If he breaches the agreement, you can sue, but what will you get? On the other hand, if he can convince a court that YOU are in breach, you could lose and end up paying HIS attorney’s fees. Thus, you can see how an attorney’s fee clause may work against you. If you get into a dispute with a seller or buyer and they cannot afford an attorney, you reduce your risk if something goes bad. Remember, whether you are right or wrong in your actions involving a real estate deal, it’s what is proven in court that matters. Having plenty of trial experience, I can tell you that going to court is a gamble - sometimes you win, sometimes you lose, and truth and justice have little to do with it.
Finally, some agreements will state that if one party must enforce the agreement in court (e.g., the landlord in a lease), the landlord is entitled to lawyer fees. Many courts will apply the rules in reverse, even if the agreement doesn’t explicitly state. So, you cannot necessarily limit attorney’s fee if one party wins but not the other.
As with any transaction, you could consult with an attorney before drafting any agreement you are uncertain of.
Click Here for more info for Should You Use an Attorney’s Fee Clause
Rebecca
Dec
31
Power Of Attorney - Money, And Its Use Or Misuse
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Abhishek Agarwal asked:
Money is one of the major factors that give trouble when it comes to looking after elderly people. It might not be one of the foremost things that you think about, but still, it has its own importance. Apart from that, you also worry about their health, and their happiness. Either ways, you will be the person responsible for their funds, and their health, and their happiness, which is interlinked with yours.
It is very important for you to take good care of the elderly person’s money affairs, and for that, you will have to apply for the power of attorney. This is an era that is overflowing with fraud and scams, so, it is all the more important to get the permission from an individual to take good care of his/her financial affairs. It is very important when you have to access their funds frequently. It is a legal binding that makes you their guardian, and gives you the power to access any individual’s money. This is because they still remain the owner of the money, however close you are to them. This power of attorney gives you the power to run a person’s finances.
Attorney is of two types, one is enduring, and another one is ordinary. The ordinary one limits your access, and brings down the areas that you can possibly control. For example, the elder person you are taking care of might only let you sort out his bill. This is also used when a person is not able to manage the issues that are set aside for a particular time period. Some people might have to go to out of station, or to the hospital when they are unwell, at that point of time, when they are unable to manage their funds, they bring in the concept of power of attorney, and the nominated person will do the needful. The power of attorney can be revoked in case the donor becomes mentally unfit to cope up with the money matters. This is the greatest disadvantage in the case of ordinary power of attorney.
Whereas, in case of the enduring power of attorney, the person nominated gets access to every other aspect of the asset of the donor. The finances can be run effectively, and the whole property can be governed by this individual. For a person to be able to get the enduring power of attorney, the donor must have unmovable faith on the person nominated. The enduring power of attorney can be brought in at any time, and this kind of power of attorney continues even when the donor has lost his capability to run the affairs.
It is not a simple job to be put in by anyone to manage his/her financial affairs. It causes a lot of mental stress on you, and you are questionable. The lawyer is the person to be approached for you to secure the power of attorney from anyone, and that person will be able to advice you as to how one can go about the whole process. Very often, the lawyers who practice the power of attorney paperwork suggest a person to go over to a counselor and take his service which will be of great help. A power of attorney can be suggested if the elderly person is on the verge of losing his mental capability to run the financial affairs also, so that you will at least be a little familiar with the process. Always relax, and remember that if the paperwork is perfect, then, the rest all will fall in place.
Norma
Money is one of the major factors that give trouble when it comes to looking after elderly people. It might not be one of the foremost things that you think about, but still, it has its own importance. Apart from that, you also worry about their health, and their happiness. Either ways, you will be the person responsible for their funds, and their health, and their happiness, which is interlinked with yours.
It is very important for you to take good care of the elderly person’s money affairs, and for that, you will have to apply for the power of attorney. This is an era that is overflowing with fraud and scams, so, it is all the more important to get the permission from an individual to take good care of his/her financial affairs. It is very important when you have to access their funds frequently. It is a legal binding that makes you their guardian, and gives you the power to access any individual’s money. This is because they still remain the owner of the money, however close you are to them. This power of attorney gives you the power to run a person’s finances.
Attorney is of two types, one is enduring, and another one is ordinary. The ordinary one limits your access, and brings down the areas that you can possibly control. For example, the elder person you are taking care of might only let you sort out his bill. This is also used when a person is not able to manage the issues that are set aside for a particular time period. Some people might have to go to out of station, or to the hospital when they are unwell, at that point of time, when they are unable to manage their funds, they bring in the concept of power of attorney, and the nominated person will do the needful. The power of attorney can be revoked in case the donor becomes mentally unfit to cope up with the money matters. This is the greatest disadvantage in the case of ordinary power of attorney.
Whereas, in case of the enduring power of attorney, the person nominated gets access to every other aspect of the asset of the donor. The finances can be run effectively, and the whole property can be governed by this individual. For a person to be able to get the enduring power of attorney, the donor must have unmovable faith on the person nominated. The enduring power of attorney can be brought in at any time, and this kind of power of attorney continues even when the donor has lost his capability to run the affairs.
It is not a simple job to be put in by anyone to manage his/her financial affairs. It causes a lot of mental stress on you, and you are questionable. The lawyer is the person to be approached for you to secure the power of attorney from anyone, and that person will be able to advice you as to how one can go about the whole process. Very often, the lawyers who practice the power of attorney paperwork suggest a person to go over to a counselor and take his service which will be of great help. A power of attorney can be suggested if the elderly person is on the verge of losing his mental capability to run the financial affairs also, so that you will at least be a little familiar with the process. Always relax, and remember that if the paperwork is perfect, then, the rest all will fall in place.
Norma
Dec
23
Can I bring legal action to an attorney that promised to help me with credit repair, and has bounced?
Filed Under legal | 2 Comments
Sage asked:
I paid $300 to an attorney that works with a real estate firm specializing in credit repair, by disputing and of such nature. He hasn’t done anything, he is now unable to be reached? Took my money and left but still around. Can I bring legal action to him? (His company states that he’s doing it on his own). I need a good attorney to help me out, what kind of attorney could help me in this case? Please help me.
Dennis
I paid $300 to an attorney that works with a real estate firm specializing in credit repair, by disputing and of such nature. He hasn’t done anything, he is now unable to be reached? Took my money and left but still around. Can I bring legal action to him? (His company states that he’s doing it on his own). I need a good attorney to help me out, what kind of attorney could help me in this case? Please help me.
Dennis
Dec
22
Bankruptcy Attorney - Finding the Right One
Filed Under legal | Comments Off
Lynn Vest asked:
When you are contemplating bankruptcy, you will need to find a bankruptcy attorney. Looking for a bankruptcy lawyer can be time consuming, but it does not have to be that way. You need to keep a few tips in mind when looking for the attorney.
Where are they located for one? If you want an attorney that is close by, you can look online or in your local phone directory. You do not have to settle for the first one you find, but you can call and ask for a brochure for more information about what they offer and prices. The price as well as how you pay them will be another consideration when looking for a bankruptcy attorney. It is not unusual for a bankruptcy lawyer to charge twenty-five hundred dollars with half of the money upfront to start the process. You will also need money upfront for the filing fee, credit-counseling fee and the financial counseling at the end of the bankruptcy process. The remaining balance due to the lawyer for a chapter 13 is added into the monthly payment plan. For a chapter 7, some lawyers, however rare, will take a payment plan for the remainder of their fee or require payment before the discharge date.
You will want to look for a bankruptcy attorney that has time to devote to your case and not pass you off to an associate or paralegal. This question is something you need to ask before selecting an attorney. You can ask friends or family for a referral. You can ask the court of courts secretary in your community for a list of reputable lawyers.
You should do some research before hiring a bankruptcy attorney. If you see a lawyer on television, that does not mean you are going to receive the best lawyer. When you are selecting a bankruptcy attorney and they offer to do your bankruptcy for a thousand dollars cheaper than the normal fee of other lawyers is not a good reason to select that attorney. It is a good sign that you need to look somewhere else. Bankruptcy is a lengthy process and twenty-five hundred dollars is a fair price for the time involved. By asking for pricing plans and information on services offered, you can judge which attorney would be right for you. Take you time to check different attorneys and do not settle for the first one you find.
You can look for a bankruptcy attorney that you feel comfortable around. After all, you will be spending some time with the lawyer and supplying all you personal information. Remember one thing when looking for a lawyer. A cluttered office does not make for a good lawyer. You want a lawyer that is tidy and is less likely to misplace your personal documents and information. Look for one that is close enough to you or close to the area where the courthouse is to save some time and money. It is always a good idea to make sure they are a good bankruptcy attorney before deciding.
Remember to keep these tips in mind. They will help you find the right attorney for you during this difficult time.
Brian
When you are contemplating bankruptcy, you will need to find a bankruptcy attorney. Looking for a bankruptcy lawyer can be time consuming, but it does not have to be that way. You need to keep a few tips in mind when looking for the attorney.
Where are they located for one? If you want an attorney that is close by, you can look online or in your local phone directory. You do not have to settle for the first one you find, but you can call and ask for a brochure for more information about what they offer and prices. The price as well as how you pay them will be another consideration when looking for a bankruptcy attorney. It is not unusual for a bankruptcy lawyer to charge twenty-five hundred dollars with half of the money upfront to start the process. You will also need money upfront for the filing fee, credit-counseling fee and the financial counseling at the end of the bankruptcy process. The remaining balance due to the lawyer for a chapter 13 is added into the monthly payment plan. For a chapter 7, some lawyers, however rare, will take a payment plan for the remainder of their fee or require payment before the discharge date.
You will want to look for a bankruptcy attorney that has time to devote to your case and not pass you off to an associate or paralegal. This question is something you need to ask before selecting an attorney. You can ask friends or family for a referral. You can ask the court of courts secretary in your community for a list of reputable lawyers.
You should do some research before hiring a bankruptcy attorney. If you see a lawyer on television, that does not mean you are going to receive the best lawyer. When you are selecting a bankruptcy attorney and they offer to do your bankruptcy for a thousand dollars cheaper than the normal fee of other lawyers is not a good reason to select that attorney. It is a good sign that you need to look somewhere else. Bankruptcy is a lengthy process and twenty-five hundred dollars is a fair price for the time involved. By asking for pricing plans and information on services offered, you can judge which attorney would be right for you. Take you time to check different attorneys and do not settle for the first one you find.
You can look for a bankruptcy attorney that you feel comfortable around. After all, you will be spending some time with the lawyer and supplying all you personal information. Remember one thing when looking for a lawyer. A cluttered office does not make for a good lawyer. You want a lawyer that is tidy and is less likely to misplace your personal documents and information. Look for one that is close enough to you or close to the area where the courthouse is to save some time and money. It is always a good idea to make sure they are a good bankruptcy attorney before deciding.
Remember to keep these tips in mind. They will help you find the right attorney for you during this difficult time.
Brian
Dec
22
What to Look for When Hiring Franchise Attorneys
Filed Under legal | Comments Off
Clyde Lee Dennis asked:
Franchise attorneys deal with the area of law revolving around the right or license that is granted to an individual or group to market a company’s goods or services in a particular territory under the company’s trademark, trade name, or service mark. These attorneys need to understand the different State statutes in different states.
Hiring a franchise consultant is not the same as hiring a franchise attorney, in fact their entirely different and both are often needed to successfully start a franchise. The following are a few examples of some of the differences: Franchise attorneys need to be aware that some states have rather strict franchise regulations others do not. Also franchise attorneys need to know that other states, including Florida, Georgia, Iowa, Kentucky and North Carolina regulate franchising through “business opportunity” acts. These are just a few examples of how franchise attorneys deal with franchise laws from state to state.
Franchise attorneys can prepare legally correct paperwork, protecting your business from a legal standpoint pointing out potential risks that may lead to future lawsuits.
Whether or not you are currently faced with or involved with a legal issue, a franchise attorney provides highly valuable services including, but not limited to providing legal guidance and advice on whether to franchise or pursue other means of distribution and growth.
Your franchise attorney provides guidance and insight on growing your franchise or distribution systems domestically and internationally, and wherever opportunity may be present. Your franchise attorney also provides legal counsel on multi-unit ownership and co-branding of the franchise.
Additionally franchise attorneys also provide a variety of transactional, litigation and dispute resolution services of the franchise.
Finding a qualified franchise attorney is not difficult. Most professionals engaged in the franchise industry will advise getting a referral when looking for a franchise attorney.
Setting up a franchise business is a very complicated issue and should not be done without the help of a franchise attorney. No matter how knowledgeable and skilled you are and how helpful your franchiser is but with such issues you should not take a chance and hire your own franchise attorney.
Terry
Franchise attorneys deal with the area of law revolving around the right or license that is granted to an individual or group to market a company’s goods or services in a particular territory under the company’s trademark, trade name, or service mark. These attorneys need to understand the different State statutes in different states.
Hiring a franchise consultant is not the same as hiring a franchise attorney, in fact their entirely different and both are often needed to successfully start a franchise. The following are a few examples of some of the differences: Franchise attorneys need to be aware that some states have rather strict franchise regulations others do not. Also franchise attorneys need to know that other states, including Florida, Georgia, Iowa, Kentucky and North Carolina regulate franchising through “business opportunity” acts. These are just a few examples of how franchise attorneys deal with franchise laws from state to state.
Franchise attorneys can prepare legally correct paperwork, protecting your business from a legal standpoint pointing out potential risks that may lead to future lawsuits.
Whether or not you are currently faced with or involved with a legal issue, a franchise attorney provides highly valuable services including, but not limited to providing legal guidance and advice on whether to franchise or pursue other means of distribution and growth.
Your franchise attorney provides guidance and insight on growing your franchise or distribution systems domestically and internationally, and wherever opportunity may be present. Your franchise attorney also provides legal counsel on multi-unit ownership and co-branding of the franchise.
Additionally franchise attorneys also provide a variety of transactional, litigation and dispute resolution services of the franchise.
Finding a qualified franchise attorney is not difficult. Most professionals engaged in the franchise industry will advise getting a referral when looking for a franchise attorney.
Setting up a franchise business is a very complicated issue and should not be done without the help of a franchise attorney. No matter how knowledgeable and skilled you are and how helpful your franchiser is but with such issues you should not take a chance and hire your own franchise attorney.
Terry
Dec
22
Marketing For Law Firms Via Attorney-Client Matching Services - Part I
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Henry Harlow asked:
What are these new attorney-client matching services? Who are the players? What do they cost? What is the risk to me? What is the return for me? What is the buzz on them? Are they ethical as marketing for law firms? Will they save me money and are they for me? Will they get me clients I would not have otherwise?
In part one of this article we will look in depth at a relatively new wrinkle in marketing for law firms known as “attorney-client matching services”. Part one focuses on the facts about these firms. Part two gives you my conclusions and recommendations as a result of my research. First a little background is in order. The legal services market segment is expected to reach $82.5 billion in 2008 according to Euromonitor International a market intelligence firm. In recent history consumers have been finding attorneys through word-of mouth or through the yellow pages. Often the word-of mouth advice does not deliver people to the best possible solution for their particular needs and the yellow pages is certainly not a great place to select a lawyer I am sure you would agree. Additionally, according to the Pew Internet & American Life over four million consumers and small businesses currently search for legal services via the Internet every month with these numbers expected to rise to over seven million by 2007. I think you can see this is a huge market getting larger. It is imperative that attorneys understand this marketplace if for no other reason your potential clients and clients are moving to the Internet and yellow page advertising is a dying marketing for law firms vehicle. Understanding attorney-client matching services is one new way to tap into this Internet marketplace.
What I will not be talking about here is attorney-listing services. Please don’t get confused between attorney-listing services and attorney-client matching services. The two majors in the attorney-listing services arena are Lawyers dot com or FindLaw dot com that are used by many in marketing for law firms. With attorney marketing one might want to get a minimal listing on one or both of these two major sites. Both do drive a large amount of traffic to their sites for sure (in the millions of visitors per year). If you do get a listing then track your results carefully and see if being in the middle of a pack of listed attorneys actually does produce clients for you. Please don’t spend more on them than the basic listing that will run about $150 or so per month, at least until you can document results with the basic listing. Also, don’t buy your website through either of them, even if after testing you find good results, for many reasons that can be found under the Internet marketing tab on my website. One last note here, you probably don’t want to test most of the lesser attorney-listing competitors like LawInfo dot com, LawCore dot com or AttorneyFind dot com is my take, however if you do be sure to track your results. The rest of this article is about attorney-client matching services.
Attorney Marketing Via Five Attorney-Client Matching Players
In the attorney-client matching field there are five competitors for the attorney marketing dollar offering online attorney-client matching services. The first and originator is LegalMatch dot com and its newer competitor being CasePost dot com as well as a third competitor LegalFish dot com. The two big players that offer almost everything in attorney marketing, Lawyers dot com and FindLaw dot com; have also recently begun to offer a version of attorney-client matching services. Lets begin with LegalMatch that was established in 1999 and is based in San Francisco. LegalMatch uses a double blind matching system. By double blind they mean the consumer does not see identifying information about who the lawyers are and the lawyer does not see identifying information about who the consumers are although all the cards are put on the table for both to see before any contact is made between them. Through an allocation model LegalMatch makes the decision about which lawyers get the consumer’s information. Consumers can opt into “priority service” for a fee to talk with a LegalMatch staff attorney about their case and work with that attorney in selecting the attorney for their case. LegalMatch does have partnerships with the Utah State Bar Association, ATLA and NACDL. Membership fees for this marketing for law firms vehicle run from $2,500 to $25,000 per year (they will finance the membership fee if desired) depending on practice area and geographic location of the attorney. For example, a PI attorney in Los Angeles would likely be charged more than a family law attorney in Los Angeles, while the family lawyer in Peoria is likely to pay less than the family law attorney in Los Angeles. Their guarantee consists of extending your membership at no fee until your revenues have exceeded the fee you paid them. The details of the guarantee are available on their website.
Are There Legal Marketing Ethics Issues with Attorney-Client Matching?
A relevant digression here, since this model is not a lawyer referral program, a pre-paid legal service plan, a joint or cooperative advertising or a directory listing service it is not subject to ethics rules around much of marketing for law firms it has been asserted. Recently the Professional Ethics Committee of the Texas State Bar was looking into these practices and that committee received a seven-page letter (May 26, 2006) from the FTC that was agreed to by a unanimous vote of the FTC commission members that this attorney marketing practice is indeed ethical.
Already the states of North Carolina and South Carolina found the practice ethical. The Rhode Island Supreme Court specifically named in an ethics opinion that online matching services are ethical. Finally, the Utah State Bar (a mandatory bar) has retained LegalMatch as their lawyer referral service clearly indicating their thinking about LegalMatch’s ethical nature it seems to me. Naturally you do need to check with your state bar to be sure this is an ethical practice in your state. Now back to the options in the marketplace.
CasePost, based in Southern California, was established in 2002 is a second player in this area of marketing for law firms. They operate in a similar fashion as LegalMatch in matching clients with lawyers; however, the directory of attorneys is shown to the consumer immediately. The consumer can decide whether they want to remain anonymous or give their contact information to the attorneys. The consumer is limited to four attorney responses. Thus the consumer determines what attorneys will get their information. In May of 2006 CasePost has made a major expansion as a result of their partnership with HandelOnTheLaw dot com that is powered by a successful nationally syndicated radio show on over 120 stations with attorney Bill Handel. This show has been running since 1985. They also have a strategic relationship with LegalZoom dot com that began in 2006 that has increased their reach. Like LegalMatch the membership fees for this attorney marketing vehicle are from $2,500 to $25,000 per year (financing is available if desired) depending on practice area and location. Their guarantee to a member is based on a minimum amount of referrals over the year.
LegalFish is a third player in this arena. It entered the marketplace in 2003 and is based in Chicago. It is a bit different than the other two in a few ways. Like the other players the consumer can input their information and post their cases to the site as well give their identifying information or not. In a number of cases LegalFish will contact the posting consumer themselves by telephone or email to delve deeper into the needs of the consumer so they are not totally automated. There is an allocation model used by LegalFish in referring the cases to their members. Another difference is LegalFish charges a monthly fee for this marketing for law firms vehicle ranging from $180 to $750 to members that are non-contingency based practices. For contingency based practices the fee ranges from $1600 to $5000+ monthly only if the client retains the attorney. If LegalFish does not deliver a referral to a member that retains that attorney they don’t charge a fee to that attorney for the month (a form of a guarantee). Creating something of a “shared risk” system. Naturally, with this type of shared risk system, long-term success for both parties is based on LegalFish’s ability to generate new client opportunities and create demand for legal services, and their member attorneys’ ability to convert those referrals to paying clients. Both parties have to “pull their weight”. Finally, LegalFish reports they are particularly committed to serving the solo and small firm market with ten employees or less.
The next player in this marketing for law firms arena is Lawyers dot com (mentioned earlier in this article about their directory listing or attorney-listing service) with their new Attorney Match Service. If you go to their homepage what stands out on that homepage is their “Find A Lawyer Quick Search”. This is their free to the consumer attorney-listing service (this is why you might want to test a listing with them and track results). To get to the Attorney Match Service you have to know to click on “Contact Lawyers” navigation tab or notice it up there at the very top of the home page. Clicking on that takes you to a page where you input your zip code and the practice area you are seeking, however, it also tells you how many lawyers there are listed that “are interested in receiving your request”. You are required to fill in the identifying information with other case information. Once you do that you see the attorneys listed and pick the ones you want to send your request to and wait for their replies. The fee for the attorney member is $495 per year, however, you must have a biographical level listing on the site to be on the Attorney Match Service and that is $150 and up per month depending on the size of your firm. There is no guarantee for this service.
The final player in this marketing for law firms arena is Thompson’s Findlaw (mentioned earlier as an attorney-listing service) with their new attorney-matching website http://www.LegalConnection.com. The FindLaw system is similar to the Lawyers dot com system with three steps of #1 Select your legal need; #2 Tell us about your case; and #3 Choose the attorney that’s right for you. It is different from Lawyers dot com’s system since they have broken it out of their attorney-listing services completely with its own dedicated website. Their fees generally run from $500 to $1000 per month depending on your practice area and geographic location. They do not have a guarantee. They do report that they do set targets for each geographic area as well as practice combination and then will manage their marketing to get positive results for attorneys.
Well, now we have all the players in this particular niche of marketing for law firms with a lot of information. I think it would be imperative for me to mention one more item. Both Legal Match and CasePost have negative information on the Internet and it needs to be considered. If you go to Google and search just the term LegalMatch and then do the same with CasePost you will be able to find details about the negative information. One location that covers the negative information on LegalMatch with relevant links is at Wikipedia dot org (go to the site and look up LegalMatch) although that is disputed as not being sufficiently neutral in tone, which is one of Wikipedia’s requirements. If you want to see a string of negative information on CasePost go to: http://counsel.net/chatboards/marketing/topic111/6.23.04.11.34.29.html . I am not sure one needs to be overly concerned about this information since it is mostly in the past and you need to consider it.
See Part II of this article for my conclusions and recommendations as a result of my research. I can tell you now that this approach does have some merit but there are definite cautions as well so do read Part II.
Samuel
What are these new attorney-client matching services? Who are the players? What do they cost? What is the risk to me? What is the return for me? What is the buzz on them? Are they ethical as marketing for law firms? Will they save me money and are they for me? Will they get me clients I would not have otherwise?
In part one of this article we will look in depth at a relatively new wrinkle in marketing for law firms known as “attorney-client matching services”. Part one focuses on the facts about these firms. Part two gives you my conclusions and recommendations as a result of my research. First a little background is in order. The legal services market segment is expected to reach $82.5 billion in 2008 according to Euromonitor International a market intelligence firm. In recent history consumers have been finding attorneys through word-of mouth or through the yellow pages. Often the word-of mouth advice does not deliver people to the best possible solution for their particular needs and the yellow pages is certainly not a great place to select a lawyer I am sure you would agree. Additionally, according to the Pew Internet & American Life over four million consumers and small businesses currently search for legal services via the Internet every month with these numbers expected to rise to over seven million by 2007. I think you can see this is a huge market getting larger. It is imperative that attorneys understand this marketplace if for no other reason your potential clients and clients are moving to the Internet and yellow page advertising is a dying marketing for law firms vehicle. Understanding attorney-client matching services is one new way to tap into this Internet marketplace.
What I will not be talking about here is attorney-listing services. Please don’t get confused between attorney-listing services and attorney-client matching services. The two majors in the attorney-listing services arena are Lawyers dot com or FindLaw dot com that are used by many in marketing for law firms. With attorney marketing one might want to get a minimal listing on one or both of these two major sites. Both do drive a large amount of traffic to their sites for sure (in the millions of visitors per year). If you do get a listing then track your results carefully and see if being in the middle of a pack of listed attorneys actually does produce clients for you. Please don’t spend more on them than the basic listing that will run about $150 or so per month, at least until you can document results with the basic listing. Also, don’t buy your website through either of them, even if after testing you find good results, for many reasons that can be found under the Internet marketing tab on my website. One last note here, you probably don’t want to test most of the lesser attorney-listing competitors like LawInfo dot com, LawCore dot com or AttorneyFind dot com is my take, however if you do be sure to track your results. The rest of this article is about attorney-client matching services.
Attorney Marketing Via Five Attorney-Client Matching Players
In the attorney-client matching field there are five competitors for the attorney marketing dollar offering online attorney-client matching services. The first and originator is LegalMatch dot com and its newer competitor being CasePost dot com as well as a third competitor LegalFish dot com. The two big players that offer almost everything in attorney marketing, Lawyers dot com and FindLaw dot com; have also recently begun to offer a version of attorney-client matching services. Lets begin with LegalMatch that was established in 1999 and is based in San Francisco. LegalMatch uses a double blind matching system. By double blind they mean the consumer does not see identifying information about who the lawyers are and the lawyer does not see identifying information about who the consumers are although all the cards are put on the table for both to see before any contact is made between them. Through an allocation model LegalMatch makes the decision about which lawyers get the consumer’s information. Consumers can opt into “priority service” for a fee to talk with a LegalMatch staff attorney about their case and work with that attorney in selecting the attorney for their case. LegalMatch does have partnerships with the Utah State Bar Association, ATLA and NACDL. Membership fees for this marketing for law firms vehicle run from $2,500 to $25,000 per year (they will finance the membership fee if desired) depending on practice area and geographic location of the attorney. For example, a PI attorney in Los Angeles would likely be charged more than a family law attorney in Los Angeles, while the family lawyer in Peoria is likely to pay less than the family law attorney in Los Angeles. Their guarantee consists of extending your membership at no fee until your revenues have exceeded the fee you paid them. The details of the guarantee are available on their website.
Are There Legal Marketing Ethics Issues with Attorney-Client Matching?
A relevant digression here, since this model is not a lawyer referral program, a pre-paid legal service plan, a joint or cooperative advertising or a directory listing service it is not subject to ethics rules around much of marketing for law firms it has been asserted. Recently the Professional Ethics Committee of the Texas State Bar was looking into these practices and that committee received a seven-page letter (May 26, 2006) from the FTC that was agreed to by a unanimous vote of the FTC commission members that this attorney marketing practice is indeed ethical.
Already the states of North Carolina and South Carolina found the practice ethical. The Rhode Island Supreme Court specifically named in an ethics opinion that online matching services are ethical. Finally, the Utah State Bar (a mandatory bar) has retained LegalMatch as their lawyer referral service clearly indicating their thinking about LegalMatch’s ethical nature it seems to me. Naturally you do need to check with your state bar to be sure this is an ethical practice in your state. Now back to the options in the marketplace.
CasePost, based in Southern California, was established in 2002 is a second player in this area of marketing for law firms. They operate in a similar fashion as LegalMatch in matching clients with lawyers; however, the directory of attorneys is shown to the consumer immediately. The consumer can decide whether they want to remain anonymous or give their contact information to the attorneys. The consumer is limited to four attorney responses. Thus the consumer determines what attorneys will get their information. In May of 2006 CasePost has made a major expansion as a result of their partnership with HandelOnTheLaw dot com that is powered by a successful nationally syndicated radio show on over 120 stations with attorney Bill Handel. This show has been running since 1985. They also have a strategic relationship with LegalZoom dot com that began in 2006 that has increased their reach. Like LegalMatch the membership fees for this attorney marketing vehicle are from $2,500 to $25,000 per year (financing is available if desired) depending on practice area and location. Their guarantee to a member is based on a minimum amount of referrals over the year.
LegalFish is a third player in this arena. It entered the marketplace in 2003 and is based in Chicago. It is a bit different than the other two in a few ways. Like the other players the consumer can input their information and post their cases to the site as well give their identifying information or not. In a number of cases LegalFish will contact the posting consumer themselves by telephone or email to delve deeper into the needs of the consumer so they are not totally automated. There is an allocation model used by LegalFish in referring the cases to their members. Another difference is LegalFish charges a monthly fee for this marketing for law firms vehicle ranging from $180 to $750 to members that are non-contingency based practices. For contingency based practices the fee ranges from $1600 to $5000+ monthly only if the client retains the attorney. If LegalFish does not deliver a referral to a member that retains that attorney they don’t charge a fee to that attorney for the month (a form of a guarantee). Creating something of a “shared risk” system. Naturally, with this type of shared risk system, long-term success for both parties is based on LegalFish’s ability to generate new client opportunities and create demand for legal services, and their member attorneys’ ability to convert those referrals to paying clients. Both parties have to “pull their weight”. Finally, LegalFish reports they are particularly committed to serving the solo and small firm market with ten employees or less.
The next player in this marketing for law firms arena is Lawyers dot com (mentioned earlier in this article about their directory listing or attorney-listing service) with their new Attorney Match Service. If you go to their homepage what stands out on that homepage is their “Find A Lawyer Quick Search”. This is their free to the consumer attorney-listing service (this is why you might want to test a listing with them and track results). To get to the Attorney Match Service you have to know to click on “Contact Lawyers” navigation tab or notice it up there at the very top of the home page. Clicking on that takes you to a page where you input your zip code and the practice area you are seeking, however, it also tells you how many lawyers there are listed that “are interested in receiving your request”. You are required to fill in the identifying information with other case information. Once you do that you see the attorneys listed and pick the ones you want to send your request to and wait for their replies. The fee for the attorney member is $495 per year, however, you must have a biographical level listing on the site to be on the Attorney Match Service and that is $150 and up per month depending on the size of your firm. There is no guarantee for this service.
The final player in this marketing for law firms arena is Thompson’s Findlaw (mentioned earlier as an attorney-listing service) with their new attorney-matching website http://www.LegalConnection.com. The FindLaw system is similar to the Lawyers dot com system with three steps of #1 Select your legal need; #2 Tell us about your case; and #3 Choose the attorney that’s right for you. It is different from Lawyers dot com’s system since they have broken it out of their attorney-listing services completely with its own dedicated website. Their fees generally run from $500 to $1000 per month depending on your practice area and geographic location. They do not have a guarantee. They do report that they do set targets for each geographic area as well as practice combination and then will manage their marketing to get positive results for attorneys.
Well, now we have all the players in this particular niche of marketing for law firms with a lot of information. I think it would be imperative for me to mention one more item. Both Legal Match and CasePost have negative information on the Internet and it needs to be considered. If you go to Google and search just the term LegalMatch and then do the same with CasePost you will be able to find details about the negative information. One location that covers the negative information on LegalMatch with relevant links is at Wikipedia dot org (go to the site and look up LegalMatch) although that is disputed as not being sufficiently neutral in tone, which is one of Wikipedia’s requirements. If you want to see a string of negative information on CasePost go to: http://counsel.net/chatboards/marketing/topic111/6.23.04.11.34.29.html . I am not sure one needs to be overly concerned about this information since it is mostly in the past and you need to consider it.
See Part II of this article for my conclusions and recommendations as a result of my research. I can tell you now that this approach does have some merit but there are definite cautions as well so do read Part II.
Samuel
Dec
15
Finding a Medical Malpractice Attorney in Bloomsburg
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John Hilde asked:
The medical malpractice attorney takes up cases of all health-related complications that arise on account of carelessness or negligence of staff working at hospitals, clinics or nursing homes. If you’re looking for a top rate lawyer in Bloomsburg or the surrounding area, then read on in the article to learn more about malpractice and tips on finding qualified attorneys.
It is immaterial whether you were treated at a hospital or a clinic as an outpatient or were admitted as an inpatient in a Bloomsburg hospital. The medical malpractice attorney in Bloomsburg will take up the case if he or she is convinced that you have been wronged.
The malpractice lawyers take up cases that range from those caused by prescription errors, surgical errors, anesthesia overdose, pregnancy and childbirth complications treatment delays or wrong diagnosis. Even those cases where patients have signed consent forms are taken up by malpractice lawyers.
The medical malpractice attorney Bloomsburg is as well informed on law as on issues concerning medicine. This knowledge is acquired by the malpractice attorney while working with a small or mid-level firm that specializes in cases of medical negligence.
The malpractice attorney also tries to build good contacts with doctors and other medical professionals. These come in very useful in obtaining reports and professional opinion on contentious medical issues. It also speeds up the process of litigation. If they have good relations with the doctors, they will be able to get files and reports faster and without as much trouble as an inexperience lawyer. For this reason it is a good idea to find an experienced malpractice attorney. It is also very important to find a legal one as well, as there are many attorneys that will take advantage of unsuspecting clients.
However, there are times when the malpractice attorney runs up into resistance. There are occasions when doctors refuse to provide information or give evidence against fellow doctors. The malpractice attorney also has to deal with insurance lawyers, who are very aggressive and determined to ensure that their company does not have to make costly payments.
A victim of medical negligence or carelessness, at times, may be reluctant to approach a malpractice attorney, especially if he is not financially sound. However, the victim or his family members don’t have to worry. They can approach a medical malpractice attorney freely because the malpractice attorneys don’t charge fees upfront. They take a share in the compensation award.
Roger
The medical malpractice attorney takes up cases of all health-related complications that arise on account of carelessness or negligence of staff working at hospitals, clinics or nursing homes. If you’re looking for a top rate lawyer in Bloomsburg or the surrounding area, then read on in the article to learn more about malpractice and tips on finding qualified attorneys.
It is immaterial whether you were treated at a hospital or a clinic as an outpatient or were admitted as an inpatient in a Bloomsburg hospital. The medical malpractice attorney in Bloomsburg will take up the case if he or she is convinced that you have been wronged.
The malpractice lawyers take up cases that range from those caused by prescription errors, surgical errors, anesthesia overdose, pregnancy and childbirth complications treatment delays or wrong diagnosis. Even those cases where patients have signed consent forms are taken up by malpractice lawyers.
The medical malpractice attorney Bloomsburg is as well informed on law as on issues concerning medicine. This knowledge is acquired by the malpractice attorney while working with a small or mid-level firm that specializes in cases of medical negligence.
The malpractice attorney also tries to build good contacts with doctors and other medical professionals. These come in very useful in obtaining reports and professional opinion on contentious medical issues. It also speeds up the process of litigation. If they have good relations with the doctors, they will be able to get files and reports faster and without as much trouble as an inexperience lawyer. For this reason it is a good idea to find an experienced malpractice attorney. It is also very important to find a legal one as well, as there are many attorneys that will take advantage of unsuspecting clients.
However, there are times when the malpractice attorney runs up into resistance. There are occasions when doctors refuse to provide information or give evidence against fellow doctors. The malpractice attorney also has to deal with insurance lawyers, who are very aggressive and determined to ensure that their company does not have to make costly payments.
A victim of medical negligence or carelessness, at times, may be reluctant to approach a malpractice attorney, especially if he is not financially sound. However, the victim or his family members don’t have to worry. They can approach a medical malpractice attorney freely because the malpractice attorneys don’t charge fees upfront. They take a share in the compensation award.
Roger
Dec
11
What kind of attorney that provides services when your mother passes to get information?
Filed Under legal | 2 Comments
Cherry S asked:
My mother passed away, was in nursing home, went to hospital, then back to nursing home, then went back to hospital. Don’t know when she passed away, at the nursing home or hospital. No one will give me info on what happened. Neither place will give the cause of death. What kind of attorney will I need? Please someone answer, thanks.
Chris
My mother passed away, was in nursing home, went to hospital, then back to nursing home, then went back to hospital. Don’t know when she passed away, at the nursing home or hospital. No one will give me info on what happened. Neither place will give the cause of death. What kind of attorney will I need? Please someone answer, thanks.
Chris
Dec
10
Tax Attorney Knows Very Well About Legality of Things
Filed Under legal | Comments Off
ebet sanders asked:
The IRS claims that Snipes (and Co.) MUST file an income tax return. Hodges on Monday, according to court documents.A telephone message left for Snipes’ attorney wasn’t immediately returned Thursday morning. Cartoon: Julia Miranda is accused of bribery for wanting to give her own money back to tax-payers whether they vote for her or her opponent, however, politicians engage in bribery all the time. When concerned about field of law and legalities, these people are experts and can solve your problems by proper advice. Wesley Snipes’s failure to file income-tax returns during the six years he made nearly $38 million was due to bad advice, the actor’s attorney said during opening statements in a federal trial in Ocala, Fla, Wednesday. People are likely to run for attorneys when something goes wrong in the hands of law by them. I contacted the company that was recommended and they resolved the tax problem for a lot less than a local attorney I contacted and now I’m protected from an IRS wage garnishment that was going to happen at the end of the week. IRS Problems can be very complicated and difficult to resolve.
Attorney means someone who knows very well about legality of things. Snipes cites IRS code stating otherwise.(My comment: FAIR TRIAL for Dr.
The firm is committed to achieving its clients objectives using the most effective and efficient means available. The resignation of Kansas Attorney General Paul Morrison should not cause the investigation of his ties to Planned Parenthood’s involvement in his election from going forward.
The fraud scheme took multiple forms, including the use of false documentation for fictitious currencytransaction losses, false insurance expense deductions and bogus capitallosses. Attorney Jeff Dickstein lays out the call to end the federal income tax and save the first and fifth amendments. Wesley Snipes, whose attorneys have characterized Ocala as racist, hasn’t a shot at seating a single black juror for his federal tax evasion trial here.No African-Americans were part of the jury pool Monday as a judge questioned scores of Marion, Lake, Citrus and Sumter county residents about possibly serving on the. Judge Wilson said he imposed a “serious sentence” after being “shocked” by Yagman’s testimony in court, which was “so transparently untrue in so many areas.”. “”The name ‘Free File Alliance’ is clearly misleading,” Feldman Shepherd attorney Thomas More Marrone said in a statement. Most of the people in United States of America fear IRS more than any other branch including FBI and CIA.
California auto accident attorneys at the Law Offices of R. It is not always true that you get what you pay for so shop around and follow these tips: Meet with the attorney.
Former Bodyguard for the late Doris Duke reveals 3 pilars used to create wealth by banks and self-made billionaires. Should I call a lawyer or settle with the insurance company? The firm practices primarily in the area of white collar criminal and defense and civil litigation, with a strong emphasis on tax issues. The government in this case has unwittingly opened an opportunity for the defense. Law Father is a leader and innovator in Attorney Website Design. “Few taxpayers are actually eligible for free electronic filing. Remember there are attorneys that specialize in tax law. Learn about the differences in Tax Professionals and how they might be able to help you solve your IRS Problem.
It might just make sense to hire a Tampa Tax Attorney even if you live in Wichita! Spencer Global Consulting provides English speaking attorneys and other experts in Chile, South America specializing in commercial law, real estate law, immigration law, family law, and general consulting for foreign investors. OCALA, Fla- Movie star Wesley Snipes faces trial on tax evasion charges, and his attorney claims Ocala residents are too closed-minded. This can be a very difficult question to answer. All lawyers have different fees, and fighting a parking ticket will cost less than a complicated tax appeal. The discussion here is primarily directed toward the small business owner, but any individual who is self-employed and has tax issues, may benefit from the information provided here. From Sandy Botkin, the IRS Attorney Tax Reduction Institute Chairman, “A home based business is the best tax shelter left in America.” 2. IRS attorneys and attorneys for Wesley Snipes (and co-defendants) concluded their arguments in Ocala, Florida today. The best way to face IRS is to get a tax law attorney working from your side. Russians and Americans have vastly different views of money.
For more information please visit http://taxattorney123.info/sitemap or http://taxattorneyabc.info/sitemap or even http://taxattorneydeals.info/sitemap
Tommy
The IRS claims that Snipes (and Co.) MUST file an income tax return. Hodges on Monday, according to court documents.A telephone message left for Snipes’ attorney wasn’t immediately returned Thursday morning. Cartoon: Julia Miranda is accused of bribery for wanting to give her own money back to tax-payers whether they vote for her or her opponent, however, politicians engage in bribery all the time. When concerned about field of law and legalities, these people are experts and can solve your problems by proper advice. Wesley Snipes’s failure to file income-tax returns during the six years he made nearly $38 million was due to bad advice, the actor’s attorney said during opening statements in a federal trial in Ocala, Fla, Wednesday. People are likely to run for attorneys when something goes wrong in the hands of law by them. I contacted the company that was recommended and they resolved the tax problem for a lot less than a local attorney I contacted and now I’m protected from an IRS wage garnishment that was going to happen at the end of the week. IRS Problems can be very complicated and difficult to resolve.
Attorney means someone who knows very well about legality of things. Snipes cites IRS code stating otherwise.(My comment: FAIR TRIAL for Dr.
The firm is committed to achieving its clients objectives using the most effective and efficient means available. The resignation of Kansas Attorney General Paul Morrison should not cause the investigation of his ties to Planned Parenthood’s involvement in his election from going forward.
The fraud scheme took multiple forms, including the use of false documentation for fictitious currencytransaction losses, false insurance expense deductions and bogus capitallosses. Attorney Jeff Dickstein lays out the call to end the federal income tax and save the first and fifth amendments. Wesley Snipes, whose attorneys have characterized Ocala as racist, hasn’t a shot at seating a single black juror for his federal tax evasion trial here.No African-Americans were part of the jury pool Monday as a judge questioned scores of Marion, Lake, Citrus and Sumter county residents about possibly serving on the. Judge Wilson said he imposed a “serious sentence” after being “shocked” by Yagman’s testimony in court, which was “so transparently untrue in so many areas.”. “”The name ‘Free File Alliance’ is clearly misleading,” Feldman Shepherd attorney Thomas More Marrone said in a statement. Most of the people in United States of America fear IRS more than any other branch including FBI and CIA.
California auto accident attorneys at the Law Offices of R. It is not always true that you get what you pay for so shop around and follow these tips: Meet with the attorney.
Former Bodyguard for the late Doris Duke reveals 3 pilars used to create wealth by banks and self-made billionaires. Should I call a lawyer or settle with the insurance company? The firm practices primarily in the area of white collar criminal and defense and civil litigation, with a strong emphasis on tax issues. The government in this case has unwittingly opened an opportunity for the defense. Law Father is a leader and innovator in Attorney Website Design. “Few taxpayers are actually eligible for free electronic filing. Remember there are attorneys that specialize in tax law. Learn about the differences in Tax Professionals and how they might be able to help you solve your IRS Problem.
It might just make sense to hire a Tampa Tax Attorney even if you live in Wichita! Spencer Global Consulting provides English speaking attorneys and other experts in Chile, South America specializing in commercial law, real estate law, immigration law, family law, and general consulting for foreign investors. OCALA, Fla- Movie star Wesley Snipes faces trial on tax evasion charges, and his attorney claims Ocala residents are too closed-minded. This can be a very difficult question to answer. All lawyers have different fees, and fighting a parking ticket will cost less than a complicated tax appeal. The discussion here is primarily directed toward the small business owner, but any individual who is self-employed and has tax issues, may benefit from the information provided here. From Sandy Botkin, the IRS Attorney Tax Reduction Institute Chairman, “A home based business is the best tax shelter left in America.” 2. IRS attorneys and attorneys for Wesley Snipes (and co-defendants) concluded their arguments in Ocala, Florida today. The best way to face IRS is to get a tax law attorney working from your side. Russians and Americans have vastly different views of money.
For more information please visit http://taxattorney123.info/sitemap or http://taxattorneyabc.info/sitemap or even http://taxattorneydeals.info/sitemap
Tommy
Dec
8
suemacjac54 asked:
An attorney is a law guardian in a custody hearing. She has ties with the clients attorney, and ties with the children’s counselor. I don’t feel she will be unbiased. What can I do about this?
Jessica
An attorney is a law guardian in a custody hearing. She has ties with the clients attorney, and ties with the children’s counselor. I don’t feel she will be unbiased. What can I do about this?
Jessica
