Smart Law Blog

Many smaller legal issues can be handled in Small Claims Court. If the damages that are at issue in your legal matter are less than $10,000, Small Claims Court may help you to save time and money. Since Small Claims Court involves a judge and a court hearing, you might think that getting the best result will involve hiring a lawyer to represent you. 

Although you can hire a lawyer to coach you through your Small Claims Court case, you cannot hire a lawyer to represent you in that case. When you hire a lawyer for coaching, the lawyer can help you decide if you should sue in Small Claims Court, can help you to organize your case and can coach you on how to present your case in court. However, the lawyer you hire for coaching cannot appear in court for you. Here, the lawyer cannot “argue” your case to the Small Claims Court judge. 

Hiring a lawyer to coach you can mean the difference between winning or losing in small claims court. The lawyer can advise you on what documents you should and shouldn’t use in your case. Although Small Claims Court cases may be informal, a lawyer can coach you on the types of things you should avoid saying, how to tactfully make you case, whether you should include witnesses in your case, and generally how to present yourself in court. 

How much does Small Claims Court coaching from a lawyer cost? This might be an important question in deciding if you should sue in Small Claims Court to begin with. As there is relatively little work involved in coaching, your lawyer may limit the amount of time for coaching and may charge as little as a few hundred dollars for coaching. Here, learning as much as you can about Small Claims Court before hiring a lawyer for coaching could save you money on coaching. 

A lawyer may help you decide if you should sue in Small Claims Court to begin with. Many who sue in Small Claims Court are surprised to find, when they “win,” that it can be difficult to collect on the court’s judgment. Just because a person or business has been harmed by another, it does not mean that the party who loses in Small Claims Court can afford to pay. Here, a lawyer may be able to help you assess whether suing in Small Claims Court will be with the trouble.

Finally, a lawyer may be able to help you decide if, instead of suing in Small Claims court, you should attempt to mediate. Typically, Small Claims Court judges will require that the parties to case attempt to settle their dispute by mediation before presenting the case in court. If you can mediate the dispute before filing in Small Claims Court, you may be able to save time, money, and effort in administrating your Small Claims Court case

Many clients can save big on legal services, simply by being “good” clients. Of course, some legal issues can be stressful and can have a sense of urgency, because there may be a lot at stake. One of the reasons why lawyers are so helpful is because they are able to think about your legal issue without being emotionally or personally involved. This type of detachment from the facts of your case allows lawyers to think clearly about the best possible solutions for any legal problem.

Although a legal problem may be stressful for a non-lawyer that stress can end up costing you more money in a legal proceeding. It’s always better to work with your lawyer with a cool head and thinking as clearly as possible, even through the circumstances may be stressful

Discuss the cost benefit analyses with your lawyer. Take enough time to make decisions about your case. It’s very likely that you’re lawyer will ask you about the type of outcome you are hoping to achieve. You can save big on legal costs if you think carefully about your objectives in hiring a lawyer. If you have an unlimited budget, you can be as ambitious as you like with your objective. However, if you happen to be on a limited budget, or even a very limited budget, or if you just want to save as much money as possible, consider the shortest path to the legal outcome that you can live with.

Think about the questions you’re asking. Respect the time of your lawyer. Most lawyers are working on a number of cases at the same time and the more time you take from the lawyer, the more you are likely to pay for what you are trying to achieve. Most clients can save big on legal services simply by being concise in communication. That means, “Get to the point quickly.” Your lawyer will know what types of facts or what parts of your story will be important to your case. Here, spending a lot of time explaining your feelings or parts of a story that are not relevant to the legal solution can cost you money.

Also, regarding your lawyer’s time, ask your lawyer about a general timeline of things that could happen in your case. This will keep you from having to get frequent updates from the lawyer. Generally, the more you request from your lawyer, the more it could cost you in legal fees. Also, try to ask all of your questions at one time, as opposed to sending your lawyer frequent emails or calling your lawyer’s office regularly. If you are working with your lawyer on an hourly basis, you may be shocked when you discover that frequent emails and phone calls are costing you more than you expected. It’s important to ask the questions you want to have answered, and have a good relationship with your lawyer. Here, concise communication can help you to pursue your goals with as few costs as possible.

Ask your lawyer if there is anything you can do to help. Ask you lawyer if there is anything that you can do to reduce the workload in your case. This could include making lists, doing certain types of non-legal research in your case, or even running errands related to your case. If you are relatively easy to work with and can complete certain types of administrative tasks effectively, this could help you to save big on the legal costs related to your case. You can definitely help your lawyer help you (save money on legal fees) by being open to completing tasks related to your case.

Stay organized and be prepared. Another way you can help your lawyer help you (to save on legal fees), is to stay organized and actively engaged. Most legal issues involve various types of processes that are time sensitive. If your lawyer contacts you for information, for certain types of documents, or even for a signature, respond as quickly and effectively as you can. Keep your own well-organized file of documents in your case and stay in tune with what is happening in your case. This will keep your lawyer from having to make longer explanations or answer additional questions.

The easier you can make things for your lawyer, the more likely it is that you will save on legal costs and the more likely it will be that you can help your lawyer help you to save on the costs related to your case. Generally, communicate to your lawyer that you will be easy to work with and that you are willing and able to handle certain non-legal administrative tasks effectively, that you will respect the lawyer’s time, and attempt to align your objectives with your budget. These are great ways to help your lawyer help you, and great ways to improve your chances on saving as much as possible on costs related to your legal issue.

A “contingency fee” is a unique payment arrangement with a lawyer. This arrangement allows the lawyer to represent the client without an upfront payment when a case begins. Instead of an upfront payment, the client agrees to give a percentage of the award if the case is successful.

Typically, a contingency fee arrangement is used in cases where a person has been injured and is seeking money “damages” to remedy an injury. Lawyers often decide to represent a client with a contingency fee arrangement based on the nature of the case and the amount of damages that are being claimed. Some types of claims have limitations on how much an injured person can recover in damages, which may affect a lawyer’s decision to represent a client on a contingency fee basis.

Some contingency fee arrangement may require reimbursement of expenses as well as the agreed upon contingency fee percentage. A contingency fee arrangement may also involve a graduated contingency fee percentage, a contingency fee percentage that changes, depending on whether the case goes to trial or meets some other procedural benchmark.

A contingency fee agreement must be in made in writing. Here, it’s important for clients to carefully review the terms of any contingency fee agreement with a lawyer and ask questions about terms in the agreement that are not understood, before entering the agreement. Clients may also find it valuable to consult with another lawyer for advice about a contingency fee agreement they are considering.

Find the right legal resource in Southern California by contacting SmartLaw: (866)SMARTLAW.

When you have a legal issue that needs to be addressed by a lawyer, it’s important to find a lawyer that will agree to a financial arrangement that fits your budget. There are many reasons why, in your effort to find legal help, some lawyers may seem to be “expensive.” Here, we will go over three common reasons.

ONE

Supply and Demand

You may be shocked when an attorney tells you what her hourly rate is. After hearing that an attorney charges $400 per hour, for example, you may begin to wonder if you are going to be able to work with the attorney, even if you are employed and have some money saved. Here, some attorneys have more than enough work to do with clients that will pay $400 an hour. In fact, if an attorney is already busy with clients paying $400 an hour, the attorney may raise her hourly rate with new clients, because the attorney has less available time and is in high demand.

TWO

Experience is Valuable

The amount of experience your attorney has may be a significant factor in whether or not you will be successful with your legal matter. Here, an attorney who has worked on many similar cases in the past has likely seen how certain types of legal issues are better resolved and may be more likely to resolve your legal issue in an efficient and effective way. Related to “supply and demand” (above), an attorney who is very experienced is likely to be in higher demand and, because of the attorney’s high level of experience, may charge clients at higher rates. This does not mean that less experienced attorneys are not effective. It simply means that more experienced attorneys may charge more for their services due the degree of experience.

THREE

Expertise is Valuable

Working on legal issues can involve highly technical tasks that can be very particular to specific types of legal issues. At some point you might have thought that any attorney can help you with any legal issue. Here, many attorneys specialize in only a few select areas of the law. Often, a lawyer that has very low fees that you like may not agree to represent you because the legal issue you have requires a very specialized type of expertise that the lawyer you like cannot assist you in. Here, if you need an attorney with a high level of expertise in a particular area of the law, that attorney may charge more than other attorneys that do not have such a specialized knowledge of a unique legal issue.

FOUR

Legal Issues Can Require Many Resources to Address

You might think $400 for one hour of work, to use the same example above, is a lot of money. However, attorneys’ fees are not always like the rate of pay at other types of jobs. Though a lawyer may charge an hourly rate, that hourly rate may cover many other resources required to address legal issues for clients, including paying staff, paying rent for an office, paying for insurance, licensing fees, and paying for other things that make a law firm work, such as computers, telephones, copy machines, other office expenses, and advertising. Also, to become a lawyer, many people take on a significant amount of debt, which has to paid. These are just some of the expenses required to practice law.

If you happen to be 62 or older, a reverse mortgages is a way to borrow against the equity in your home to provide what may be tax-free income. Generally, a reverse mortgage requires no scheduled loan payments until the loan ends. However, there are some downsides which may affect your decision to pursue a reverse mortgage.

Reverse mortgages are almost always more complicated than conventional mortgages, and the consequences of various plans and options may not always be clear. Here, if you decide to pursue a reverse mortgage, asking a lot of questions and insuring that you understand what could be relatively complex terms will be important to avoid unwanted future consequences.

Though the benefits of a reverse mortgage may be attractive, they are typically more expensive compared to other loans, including home equity loans, especially at the time the loan is initiated. To make the best decision, be sure to consider all so called “up-front” and future costs and factor those costs into your budget and decision making process.

Although the money you receive with a reverse mortgage is typically income tax-free, a reverse mortgage may affect your eligibility for “needs-based” public assistance benefits. Examples of benefits that may be impacted include Supplemental Security income, otherwise known as “SSI” and Medicaid/MediCal. If tax or needs-based benefits are a concern to you, consulting with an experienced tax attorney would be a great start to understanding the tax and needs-based benefits consequences of a reverse mortgage.

Though it may seem obvious, a reverse mortgage is likely to reduce or eliminate the equity in your home. Here, reducing the or eliminating equity in your home will likely affect the estate to be distributed to your heirs.

Here’s an example of how a reverse mortgage can get tricky and when a detailed understanding of the terms of a reverse mortgage will be important. When a mortgage product is something other than an FHA-insured mortgage, it is important to confirm the reverse mortgage is entirely a “non-recourse” loan. This means the liability to repay the loan is limited to your home (its then market value) and would not subject any of your other assets or income, or the income and assets of your heirs, as sources for repayment.

Finally, reverse mortgages are often not well understood by real estate, mortgage, tax, or even legal professionals. Before working with anyone on a reverse mortgage product, be sure to research their experience with reverse mortgages before accepting their advice. This can include online research, contacting references, and asking questions.

Arbitration is a form of “alternative dispute resolution.” It is often perceived as a more cost-efficient way of resolving disputes, as opposed to going to court.

In arbitration, a neutral person referred to as an “arbitrator” hears each side’s position and arguments, looks at the evidence presented by each side, and makes a decision about the dispute. This decision is referred to as an “award.” Arbitration is less formal than a trial and the rules are more relaxed than the rules in a trial. Arbitration can be either “binding” or “nonbinding.” In a binding arbitration both sides agree to accept the arbitrator’s decision as final, even if they don’t like the decision. In a binding arbitration, both sides also waive their right to a trial. In a nonbinding arbitration, if either side is not satisfied with the arbitrator’s decision, they can request a trial.

For most home buyers, at least a partial amount of the purchase price of a home must be be borrowed. Here, it is common for home buyers to borrow that money from a bank or a mortgage company. In other cases, a homeowner may borrow money against the equity in the property after a home has been purchased. Borrowing this way is is referred to as a “home equity loan.”

In each of these cases, the bank or mortgage company that loans money will typically have a lien against the home. A lien is a legal claim against another person’s property as security for a debt. A lien does not convey ownership of the property, but gives the lien-holder a right to have the debt satisfied out of the proceeds of the property if the debt is not otherwise paid.

When a home buyer fails to make the payments that are due on the loan (when a home buyer “defaults” on the loan) the lender can foreclose, which means that the lender can force a sale of the home to pay for the outstanding loan.

Regarding foreclosure, it is important to know that the law that deals with foreclosure changes often. These changes typically involve the obligations of borrowers and lenders in the foreclosure process. Here, it is important to talk to an expert in foreclosure law, if you believe your home may be subject to foreclosure.

As with many other legal issues, another important consideration on foreclosure is delay. Deadlines are critically important to any foreclosure process. If you believe your home may be subject to foreclosure, if you miss one or more payments on your home, it is important to talk to an experienced foreclosure lawyer as soon as possible to preserve your rights.

To find the right foreclosure legal resource, contact SmartLaw.

A probate guardianship is set up when a child is living with an adult who is not the child’s parent, and the adult needs a court order to make decisions on behalf of the child. Typically, probate guardianships are for children that are under 18 years of age. Regarding immigrant youth who are seeking special immigrant juvenile status, the law allows a guardianship of the person to be requested (or extended) for those who are already 18 but still under 21.

A guardianship is not the same as an adoption. In a guardianship, parents still have rights and can still ask to have some type of contact with the child. Also, a court can end the guardianship of a child if the child’s parents become able to take care of the child. Alternatively, in the case of an adoption, the parent’s right are permanently ended and the child’s legal relationship with the adoptive parent or parents is permanent and the same as a birth family.

There are two types of probate guardianships, “Guardianship of the person” and “Guardianship of the estate.” In a guardianship of the person, the guardian provides care for the child as a parent would. Here, the guardian has full legal and physical custody of the child and can make all decisions about the physical care of the child that a birth parent would make. In a guardianship of the person, the guardian is also be responsible for supervision of the child and may be liable for any damage the child may cause.

On the other hand, a guardianship of the estate is set up to manage a child’s income, money, or other property until the child turns 18. Here, a child may need a guardian of the estate if the child inherits assets or money. In many cases, the court will appoint a surviving parent to be the guardian of the child’s estate. Also, in some cases the same person can be the guardian of the person and of the estate. In other types of cases, the court will appoint a separate person for each type of guardianship. The guardian of the estate is responsible for managing the child’s money, making smart investments, and carefully managing the child’s property.

A person who creates an estate plan, which will typically include a “will” and a “trust,” will appoint an executor. Generally, the executor is responsible for administrating the will and trust upon the death of the person who created the estate plan.

An executor generally must ensure that the requirements of a will are properly administrated. Here, the executor cannot do anything that goes against the requirements of the will. The executor must also not do anything that will negatively impact a beneficiary of the estate plan.

What the specific duties of the executor will be largely depends on the estate that the executor is required to work with. For example, if the will provides that certain property should be sold with the proceeds of the sale going to certain beneficiaries, the executor will need to sell the property and distribute the proceeds of the sale to the beneficiaries as described in the will.

Some specific things an executor may have to do may include hiring a probate lawyer, identify the deceased person’s assets and liabilities, give notice to heirs or interested parties, including creditors, pay any debts using the assets of the estate, manage a will contest from a potential beneficiary, and distribute property or money to heirs.

Finally, a request can be made, and is commonly made, to the probate court to compensate the executor for completing duties as an executor. This compensation typically comes from the estate assets.

Being an executor of an estate can be very serious depending on the nature of the estate. Here, it is important to work with an experienced probate attorney and ensure that mismanagement does not occur. If you have been named as an executor, contact SmartLaw to find a qualified and experienced probate attorney in your area.

Generally, an Advance Healthcare Directive is a document that can be created to “direct” the type of healthcare a person wants and does not want in the event that the person loses the capacity to make healthcare decisions.

An Advance Healthcare Directive is sometimes referred to as a living will, a personal directive, an advance decision, an advance directive, or a medical directive.

In most cases, doctors present various healthcare choices to their patients. For example, you can decide if you want to have a particular procedure or not. An Advance Healthcare Directive becomes useful when a person is not able to make decisions due to a lack of capacity to make decisions.

Without an Advance Healthcare Directive, if a person becomes incapacitated and thereby unable to make healthcare decisions, doctors will typically look to family members to make difficult decisions about a person’s healthcare.

Using an Advance Healthcare Directive, a person can decide in advance what types of treatment and life support procedures are wanted and not wanted if the person is incapacitated. Here, a person may decide to include specific directions in an Advance Healthcare Directive for financial, insurance, for personal reasons, or to relieve family members from making difficult healthcare decisions in the event the person is incapacitated.

Another option with an Advance Healthcare Directive can be to appoint a specific person, and agent, that will make healthcare decisions in the event of incapacity.

Upon completing an Advance Healthcare Directive, copies should be given to any agents, family members, and current doctors. Your original copy of the document can be stored with other important papers. Those interested in an Advance Healthcare Directive should consult with a local, qualified, and experienced lawyer, as there are many options and drafting consideration in an Advance Healthcare Directive. To find the right lawyer to help with an Advance Healthcare Directive, contact SmartLaw.