- How can I find a lawyer?
- How are fees
set and collected?
- Legal advice comes only
from Lawyers! Not the news or your neighbors!
- No particular Lawyer can
"fix" your case. (at least not 'legally')
- What is it that a
Lawyer does in the day to day practice of law?
Finding the right lawyer for your case is something to
take your time with, to discuss with family, and with the lawyers you consider
suitable for your case. While there is a big difference among the lawyers
in any community, remember that the law which is going to apply to your case
really decides the matter.
There are no so-called "super lawyers" or attorneys that
can make a miracle happen for you! These days lawyer advertising might
create the impression that certain lawyers can make a bad case turn out great!
That is really not true, and in fact what you want in an attorney is some-one
who is skilled in the practice of law, has time to work on your case, and
who is willing to be "counsel", meaning discuss the case with you and keep you
up to date.
Looking at websites and advertisements can only be part of
your work in finding a lawyer. There are lawyer referral services in the
local bar, but hiring a lawyer should be like any other hire you make: visit
some lawyers, and find out whether the person is going to be able to communicate
with you.
Legal fees are based on the work done. Sometimes
part of your payment is for the lawyer's experience and knowledge and so you
can't always compare one lawyer's fees to another. You have to consider
their qualifications. Price alone should not determine your choice, and
you shouldn't think that just because there's a high price that a particular
lawyer charges that's the best attorney for you.
Generally in Criminal Defense work lawyers charge a flat
fee. If you're a business or professional person there's a chance in
non-bankruptcy cases that the lawyer would bill for services at a monthly
interval or some other time period. But one thing is certain: you have a
right to know what the charges are going to be and how they are calculated.
If you can't get something on how you're going to be billed, move on to another
possible choice.
Certainly you want your lawyer working on the case, not
trying to collect the fee! So take care of that on the front end.
Personal Injury cases can be set up on a "contingent fee" basis in Louisiana.
That provides a payout of fees to the lawyer when the case settles, based on a
portion of the proceeds payable to you.
Let us take a minute to address a pet peeve we have: "My
auntie told me in her son's case the Judge gave him probation".
That's great. It has absolutely nothing to do with your case unless
every fact is exactly, precisely the same for you! Everybody's an
expert on the street, and one of the funniest things that can happen is a guy in
jail hears from other inmates all about how to get out, never thinking "why is
that guy still in here if he knows so much?". Take your advice from
people trained and experienced in the law. Don't waste time with phoney
experts.
The law is based on statutes passed by the legislature and
the cases that apply those statutes to particular facts and circumstances.
The cases are what lawyers use to figure out how the plain words of the law
actually play out in a case. Based on the particular facts of your case,
we then advise you of the possibilities and alternatives in your situation.
Nobody in our office has any interest in going to jail.
As one of my LSU Law Professors used to say, "if anybody goes to jail, be
sure its not YOU". Sometimes cases are fixed,
as in a
recent Baton Rouge scandal at City Court, but that's crime, not the
practice of law. If you're interested in committing a crime through
bribery or shady practice, close your web browser and find a different person to
"work" with you. We'll be glad to represent after you get caught, for a
reasonable fee!
The idea there are some super lawyer heroes out there is
90% marketing hype! Each case has a finite number of outcomes and the law
limits what a lawyer can do. Some are certainly best at what they do, but
don't expect that you are going to find a lawyer who will win every skirmish and
get you everything your want. The law controls and dominates.
Communication is job one. That includes
communication with you, the opposition in your case, and the court. That
is done in writing (email, court papers, regular mail) and speaking (court
argument, phone calls, office conferences, court hearings). There is
also the critical element of research, which is looking into the law and
how it has been applied to other cases like yours. We look at prior lawsuits
that we call 'cases', and find out how the words in the law apply to facts.
Investigation is a key to legal work, but usually we have
a specialist called an investigator that takes care of helping gather facts for
us. This is extremely important, because the facts determine what law
applies and how it applies. If there's a traffic wreck, the facts
are the starting point for us to argue about what happened and who's at fault.
And facts lead us to the law that applies in a particular case.
So the lawyer has to take what has happened to you, or the
problem you have, and determine how the law determines what should happen.
Sometimes its not totally clear, and the lawyer will make reasonable claims for
you about why the law is in your favor. But there has to be a "basis" for
that, meaning some other cases or law in your favor.
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