Attorneys in the
USA are licensed to practice law only in specific states. Most
attorneys are licensed to practice law in only one state, although
a few are licensed in two states.
It is a violation of both law and professional
ethics to give legal advice to someone who resides in a state
where the attorney is not licensed to practice. Furthermore, giving
legal advice (even gratuitously) can expose an attorney to charges
of malpractice.
For these reasons, most attorneys discourage
questions from residents of other states, unless the out-of-state
resident is seeking legal representation in the attorney's state.
Where Can I Find an Attorney?
There are many ways to locate a suitable lawyer. You may have
a family lawyer or a friend who has had a similar legal issue
who will be able to refer you to a lawyer with the expertise you
need. If not, here are our recommendations:
- Bar Associations: State and local jurisdictions
have bar associations. In addition, the American Bar Association
is available nationally. Any of these may assist you in finding
a lawyer with expertise in your problem area.
- Martindale-Hubbell: Martindale-Hubbell
is a multi-volume work which lists practicing lawyers in the
United States. Many major law firms are also listed. The areas
of expertise of the lawyers are identified, together with
a rating indicating their level of competence. AV is the highest
rating a lawyer can obtain. Martindale is available at many
law libraries and bar association offices.
- Internet: The Internet is a source of
legal information. First, lawyers and law firms web sites
are being listed on the Internet with increasing frequency.
Second, mailing lists, newsgroups and chat groups are providing
informal information on legal resources.
How Can I Afford an Attorney?
There are many ways to pay for legal representation. Many firms
will require payment "up front" of a certain sum and
your agreement to pay for additional legal services at an hourly
rate, together with expenses incurred. Some firms will undertake
representation for free. This is called pro bono representation.
You are not charged. Others will undertake your case for a contingent
fee. Often the fee is a percentage of the recovered damages, if
there is a recovery. If there is no recovery, there is no fee.
In some cases, applicable statutes will permit the recovery of
your attorneys fees from the other side, if you win. Do not be
reluctant to discuss fees and ask questions of an attorney you
are considering retaining.
When to Litigate? Litigation
is like war. Both can result from passionate anger and give way
to weary depression. Remember that you, your abilities, and your
disabilities may be major issues in the litigation. The stress
of trying such issues could be enormous. Remember that you are
seeking a practical result- e.g. damages or preservation of your
job. The driving force should not be a desire to inflict harm
on an employer or educational institution. Remember that you can
make substantial progress toward the goals of a good education
or rewarding employment for the emotional and financial cost of
a lawsuit. In litigation, as in war, there are times to fight.
Generally, you should seriously consider litigation when a] the
facts are simple and easily established, b] the consequences of
losing are catastrophic (as where your employment may be terminated
after having accrued many years toward retirement), c] the money
to be spent on litigation cannot produce a comparable result if
spent another way, and d] all efforts to settle or resolve the
dispute (including, if appropriate, the use of alternative disputes
resolution techniques) have failed.
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