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11 Situations Where You Need A Lawyer (And 3 Where You Don’t!)

11 Situations Where You Need A Lawyer (And 3 Where You Don’t!)

A traffic ticket is a legal matter. So is armed robbery. Obviously, the “accused” in both of these instances have very different situations and only one will need a lawyer to hand their defense. In between these two extremes, however, are a myriad of legal matters which may or may not require legal representation. It’s a good idea to know in which instances you should get a lawyer — and the ones where you don’t need one.

Two Legal Categories – A Short Explanation

  1. Civil Law: This area of law covers all legal issues that do not involve criminal activity or breaking the law. Generally, one party sues another because they have been “wronged” in some way and want some type of compensation for that “wrong.” Civil law also covers legal agreements, real estate transactions, divorces, child custody, and other matters where legal paperwork is necessary to protect all parties involved.
  2. Criminal Law: This area of law relates to offenses that break the laws of a local, state, or federal governments. The prosecution is handled by lawyers employed by the governmental entity, and the defense is handled by either a publicly appointed defender or a private defense attorney whom the defendant pays. In criminal law, there are misdemeanors (small offenses) and felonies (more serious crimes).

If you find yourself facing the legal system for any reason, you should probably understand that the best policy is usually to at least consult with an attorney – an honest one will provide a free consultation. They will tell you whether you will need an attorney and will either take your case or point in the direction of a lawyer who can best represent you. If the attorney takes your case, the fee will be approximated up front. In general, however, the following guidelines apply:

When You Should Get Legal Advice

1. A Complex or Nasty Divorce

When couples mutually agree on all of the details of a split, there is no real need for a lawyer. When, however, there are issues of property, investments, savings, support, debt, and child custody arrangements, only a fool neglects getting legal representation. The terms of a finalized divorce are very binding, and they can only be changed by going back to court. All of this can be avoided with a good lawyer up front.

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2. A Wrongful Termination or Discrimination in the Workplace

There are both state and federal laws at play here, and the average person does not understand them. Only an attorney who specializes in this type of law is really qualified to carry your suit into court. You can be certain that the other side will have very solid legal representation. You should too.

3. Law Suits

If you are being sued and the consequences of a loss may result in the loss of a good deal of money or property, you need a lawyer. Again, the other side has a lawyer, so you need to get one too. Most of these things are settled out of court, but you want an experienced negotiator on your side.

4. A DUI 

Driving under the influence (DUI) has become a serious charge. Consequences can include fines, jail time, loss of license, or any combination of these three. A good lawyer can meet with the prosecutor and get the charges reduced, especially if this is your first offense. Never go to court on a DUI charge without a lawyer — unless you are willing to accept the maximum penalty.

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5. Drug Charges

Defendants who have personally hired attorneys always fare better than those who do not or those who take a public defender. Remember, a public defender is on case overload, and will usually recommend a plea bargain that will be worse than what a private attorney could get you. If you qualify financially for a public defender, still try to find a friend or relative willing to pony up the money for a lawyer.

6. A Car Accident with Injury

If you have been injured in an accident that was not your fault, the other guy’s insurance company will be all over you to settle your claim as quickly as possible. Don’t do it. In fact, never talk to an insurance company representative until you have first consulted a personal injury attorney. You may not be familiar with the laws or the normal compensation rates, but seasoned attorneys are. If you are injured in car accident, don’t talk to anyone except to answer cursory questions from the police on the scene.

7. Criminal Charges

Facing any criminal charge is scary, and you may not even know your rights as an accused person. Get a lawyer immediately for protection of your rights and so that you are defended as well as possible — guilty or not.

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8. Wills and Trusts

Save your family from disputes and legal issues after you die. Set up your will or trust with a reputable attorney well in advance. Your first will should be set up as soon as you have a child and should be changed periodically throughout your life as circumstances change.

9. Business Startups

Whether you are going it alone, have a partner, or are setting up a corporation, never try to navigate all of the legal requirements alone. You need to be lawful and you need to be protected. Only a lawyer who specializes in business law can ensure these things.

10. Denial of Workmen’s Comp or Disability Claim

It is often the policy of such institutions to deny a claim the first time around. This is because they know a certain percentage of people will simply accept that ruling and give up. Don’t be one of those people. Get a lawyer up front – they will take the fee out of the settlement, so there are no up-front costs.

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11. Bankruptcy

You can’t get one without a lawyer, and they will want payment up front.

When You Don’t Need a Lawyer

There are really very few legal situations in which you will not need a lawyer, but here are a few:

1. Small Claims Court

This court is reserved for civil disputes that do not involve large sums of money, the cap being determined by individual states. Normally, this is an informal procedure – both sides tell their stories and the judge decides.

2. Traffic Tickets

Pay the fine and get over it. The only exception to this general rule is if the ticket will put enough points on your license to cause a suspension or if the offense is serious enough that your insurance rates will skyrocket. In these situations, a lawyer can get the ticket reduced to a non-moving offense and the only consequence will be a fine. Yes, our legal system does respond to one’s ability to pay.

3. Lawsuits That You Do Not Want to Contest

If someone is suing you and you know in advance what they are asking for and are willing to pay the amount, you can simply plead no contest, appear in court without an attorney, or not appear at all. If you don’t appear, a summary judgment will be issued against you.

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Elena Prokopets

Elena is a passionate blogger who shares about lifestyle tips on Lifehack.

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Last Updated on January 21, 2020

How to Develop a Millionaire Mindset in 6 Simple Steps

How to Develop a Millionaire Mindset in 6 Simple Steps

We all like to dream about being financially wealthy. For most people though, it remains a dream and nothing more. Why is that?

It’s because most people don’t set their mind to achieving that goal. They might not be happy in their current situation but they’re comfortable – and comfort is one of the biggest enemies of growth.

How do you go about developing that millionaire mindset? By following these simple steps:

1. Focus On What You Want – And Take It!

So many people are too timid to admit they want something and go for it. When there is something that you want to accomplish don’t think “I could never actually do that”, think “I could do that and I WILL do that”.

Millionaires play to win, not to avoid defeat.

This doesn’t mean to have to become a selfish jerk. What it means is becoming more assertive and honest with yourself. You don’t have to grab off other people. There is a big pot of unclaimed gold in the middle of the table — why shouldn’t you be the one to claim it? You deserve it!

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2. Become Goal-Orientated

It’s almost impossible to achieve anything if you don’t set firm goals. Only lottery winners become millionaires overnight. By setting yourself attainable goals, you will get there eventually. Don’t try to get rich quickly — get rich slowly.

Let’s take the idea of making your first million dollars and expand on what kind of goals you might set to get there. Let’s also say you’re starting at a break-even position – you’re making enough to get by with a few luxuries, but nothing more.

Your goal for the first year can be having $10,000 in the bank within a year. It won’t be easy but it is doable. Next, you need to figure out the steps you need to take to achieve that goal.

Always look at ways to make growth before cutbacks. With that in mind, you might want to see if you can negotiate a pay rise with your boss, or if there’s another job out there that will pay better. You might be comfortable in your old job but remember, comfort stunts growth.

You may also have other skills outside of your workplace that you can monetize to boost your bank balance. Maybe you can design websites for people, at a fee of course, or make alterations to clothes.

If this is still not enough to make the money you need to save $10,000 in a year, then it’s time to look at cutbacks. Do you have a bunch of old junk that someone else might love? Sell it! Do you really need to spend $10 on your lunch everyday when you could make your own for a fraction of the cost?

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If you are to become a millionaire, you need to start accumulating money.

Here’re some tips to help you: How to Become Goal Oriented and Achieve More in Life

3. Don’t Spend Your Money – Invest It

The reason you need to accumulate money is for step three. Millionaires tend to be frugal people, and that’s because they know the true value of money is in investing. Being your own boss goes hand-in-hand with becoming a millionaire. You’ll want to quit your regular job at some point.

Stop working for your money and make your money work for you.

Rather than buying yourself a new iPad, that $500 could be used to invest in the stock market. Find the right shares (more on that later), and that money could easily double within a year.

There’s not just the stock market — there’s also property, and your own education.

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4. Never Stop Learning

The best thing you can invest in is yourself.

Once most people leave the education system, they think their learning days are over. Well theirs might be, but yours shouldn’t be. Successful people continually learn and adapt.

Billionaire Warren Buffet estimates that he read at least 100 books on investing before he turned twenty. Most people never read another book after they’ve left school. Who would you rather be?

Learn everything you can about how economics works, how the stocks markets work, how they trend.

Learn new skills. If you have an interest in it, learn everything you can about it. You’d be surprised at how often, seemingly useless skills, can become extremely useful in the right situation.

Start developing the habit of learning continuously: How to Create a Habit of Continuous Learning for a Better You

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5. Think Big

While I advise to start off with small goals, you absolutely should have a big goal in mind. If you have a business idea, then that is your ultimate goal – to start that business and make a success of it. If you want to invest your way to millions of dollars and do little work other than research, then that is your big goal.

There is no shame in not achieving a big goal. If you run a business and aim to make $1 million profit in a year and “only” make $200,000, then you’re still significantly ahead of most people.

Aim for the stars, if you fail you’ll still be over the moon.

6. Enjoy the Attention

To be successful, you have to be willing to promote yourself and enjoy the attention to a certain extent. Now the attention doesn’t need to be on yourself, it could be on your brand, but attention definitely attracts money.

Never be embarrassed to get your name out there. That means finding a spotlight and being brave enough to step right up underneath it.

If you run a business, try contacting the local papers. You’d be surprised at how amenable they often are to running a story about you and your business, and it’s all free publicity.

Above all, remember: You control your own destiny. Push hard enough for anything and you’ll get it.

More About Thinking Smart

Featured photo credit: Austin Distel via unsplash.com

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