If you’ve been injured, arrested, or sued, you’re probably wondering how much it would cost to hire a lawyer. Or you might not even TRY to hire a lawyer because you just assume that it’s too expensive, or that you could probably get by on your own.  This is, unfortunately, all too common.  In fact, a lot of people who DO hire lawyers have learned their lesson by getting burned the first time. 

The good news is  this – many attorneys offer free consultations.  So, there is no reason, other than a bit of your time, to meet with a lawyer and let them tell you how they could help you.  Also, most personal injury attorneys work on what’s called a ‘contingency fee basis.”  This means you don’t have to have a lot of money to hire a lawyer.  The lawyer will not charge you legal fees upfront, but will take his or her fees out of whatever settlement or award you receive.  Usually, the attorney takes a percentage of the recovery.  And.. if you loose the case, then the attorney doesn’t get a fee either.  Although, keep in mind the costs incurred for the lawsuit are ordinarily the client’s responsibility, either way it turns out. 

Or, another way to think about it is this… what would it cost you NOT to hire a lawyer?  What consequences could you suffer by not having proper legal advice or representation?  While in minor cases, you might be able to successfully resolve the matter yourself, for cases in which anything valuable is at stake (your freedom, your health, your money, your pain and suffering), the consequences of not hiring a lawyer could be devastating. 

Take the example of a debt collections case.  Many people don’t hire a lawyer because they figure they’re already in debt, how much worse could a lawsuit really make it?  Trust me, it can be worse.  Having a judgment for a debt owned and unpaid is another negative on your credit report.  Also, that creditor may have been willing to negotiate if you got a lawyer involved, because a lawyer knows better how to deal with creditors and what risks they take in pursuing a collection against you. 

Another example – getting arrested.  Too often, those charged with crimes try to go it alone, thinking they’ll figure it out as they go along.  Wrong!  Getting a lawyer involved as early in the process is crucial to protecting your rights. Law enforcement, including the prosecuting attorney, are highly skilled at getting criminal defendants to talk.  Most times, you unwittingly say something that ruins your chances of getting a plea deal.  If you have an attorney speak for you, that won’t happen.  Also, an attorney may even be able to get the case dropped or the charges reduced early on… making everything else easier for you. 

Finally, if you’ve been in an accident, most times it is not in your best interest to talk to that nice insurance adjuster.  Their job is to make you think the settlement they offer you is a “good deal”… but the insurance adjuster, no matter how nice they seem, is looking out for the insurance company’s best interest – not yours.  Only an attorney would know what a “good deal” is under the law given your situation. 
 So, please, if you’ve suffered an injury, are facing criminal charges, are involved in a lawsuit, or have any other legal matter pending, don’t possibly jeopardize your rights.   Contact an attorney and ask about an initial consultation.  Only make the decision NOT to hire a lawyer after you know what a lawyer can do for you. 

Good luck!

Are you facing a legal issue?  Have you been sued, or are you wondering about foreclosure?  Did you just have a medical procedure that didn’t turn out as you expected?  Is bankruptcy looming?  What about your family life – are you and your spouse considering divorce?  Do you need to update your will?  Has someone you love been arrested for a DUI? 

These are examples of only some of the most common legal issues.  The fact is we actually deal with the law more than most people think.  More importantly, when we face a legal issue, many of us might not know where to turn for answers.  The legal system can certainly be overwhelming – especially because the consequences are often so grave. 

Since 1994, LawInfo has been providing the public with quality legal resources they can count on.  The idea for the company even came out of the founder’s own legal needs!  How do you find the right attorney?  How do you know the attorneys you contact are in good standing with the state bar association?  What if you want to learn about a legal issue before you talk to a lawyer?  Well, these are the reasons LawInfo was established!  LawInfo has a whole library of information about the most common legal issues including answers to frequently asked questions, articles, legal guides, legal forms, and other information – ALL FREE TO THE PUBLIC!  The really great thing is this – you can also easily find an attorney who will understand your legal needs.  It’s all designed to help the public – help someone find answers they need and find an attorney who can help them. 

Learn more about LawInfo’s Free Legal Resource Center and Find the Right Attorney in your area today!

Evicting a tenant may need to be done in court – through what’s called an unlawful detainer action.  It’s a special kind of court process to quickly and legally evict a tenant.  However, you may not even have to go to court if your tenant complies with a valid eviction notice.  So, what are the options?

First, if there is a lease involved and the term is up, then the landlord can send the tenant a letter notifying them that the tenancy will not be renewed for another term.  It is very important to check the rental agreement and applicable law regarding how far in advance this notice must be sent.   These are generally called notices of nonrenewal, or notices to terminate the tenancy.

However, if there has been a problem with a tenant – for instance if the tenant has failed to pay rent or violated some other term of the rental, than you may be able to send an expedited eviction notice.  These are called something along the lines of “Notices to Pay Rent or Quit.”  Usually the landlord must demand the total amount due be paid at this time as well.

For more information, browse LawInfo’s Free Legal Resource Center, including brochures about state landlord tenant laws, or contact an attorney in your area today.

Although you may have made every reasonable effort under the sun to make a non-compliant tenant comply with rental regulations and/or simply cough up their share of the rent, state laws dictate that you must follow proper eviction procedures for removing the tenant and the tenant’s possessions from the rental property. In a simple breakdown, here is how to properly evict a tenant.

• Determine valid reasons under local laws for evicting the tenant, such as failure to pay rent, repeated violations or the breach of a lease clause.
• Give the tenant adequate written notice that you are terminating his or her tenancy, following state and local eviction procedures.
• File a lawsuit to evict the tenant if the tenant does not move or correct violations after receiving a termination notice.

Here are some additional tips:

• Avoid taking illegal actions against a tenant, including “self-help” eviction measures like changing the tenant’s locks, removing the tenant’s possessions, or taking retaliatory actions against the tenant.
• Comply exactly with local and state eviction procedures to avoid costly delays or mistakes in the eviction process.
• Be prepared that the tenant may bring a defense against your eviction lawsuit, possibly increasing the time of the eviction process.
• Consult with local rental housing authorities or a knowledgeable real estate attorney about proper eviction procedures.

Remember, landlords who know their legal rights and comply with local landlord-tenant laws stand the best chance of successfully evicting a tenant. Good luck!

LawInfo’s Attorney Directory. LawInfo’s Lead Counsel Program provides a simple, convenient, and reliable way to find qualified legal representation you can count on. LawInfo conducts an extensive screening and selection process before attorneys are listed in the directory, including multiple peer recommendations, license certification and in-house verification that the attorneys are in good standing with their state bar associations. 

LawInfo also provides a comprehensive profile for each attorney that outlines their experience, education, areas of practice, fees, and perhaps most importantly, their general philosophy of practicing law. Every attorney has taken a pledge to communicate regularly with you, provide an estimate of the time and cost that may be involved for your case, and provide you with a clear, fair, written agreement that spells out how they will handle your legal matter and how you will be charged. For more information see www.lawinfo.com.

Personal Referrals. Asking someone who has been in a similar situation to the one you’re facing may yield some good recommendations.  Do your friends, family members, co-workers or employers know of any attorneys who’ve dealt with this kind of thing?  How was their experience?  Did they like their attorney?  Were they satisfied with the outcome?  Did their attorney do a good job for them?   After you’ve spoken to a handful of people, you may come away with several referrals.  You might take your inquiries out into the community as well – don’t be afraid to ask teachers, doctors, social workers, ministers or other lawyers in your community for the name of an attorney.

Certified Lawyer Referral Services. State Bar associations may have a certified lawyer referral service program. This type of service refers potential clients to program attorneys after interviewing them to determine details of the situation. (There is usually a small charge for the initial consultation with a lawyer.)

Advertisements. Many law firms advertise in the Yellow Pages, newspapers or other local publications in your area.  However, the ads may only give you basic information such as firm name, address, and practice areas, which unfortunately isn’t much help when it comes to figuring out if the attorney will be the right fit for your situation.

Public Interest Groups. Non-profit public interest organizations, such as groups concerned with civil liberties or the environment, may be able to help.  These groups may have staff attorneys who might be able to handle your individual case, while others provide legal help to groups of people. For example, they might help you and your neighbors convince your city council to install a traffic light at a busy intersection.

Free Legal Aid or Pro Bono Lawyers. While many attorneys may offer free consultations, most private attorneys charge a fee for their advice and representation.  However, there may be free legal aid agencies or low-income legal clinics that may be able to help you with your legal issue if you simply can not afford an attorney.  Some private attorneys may even take your case on a “pro bono” basis, which means the fees (or a portion of the fees) may be waived. 

Dispute Resolution Programs. Many communities have programs that can help you and another person “mediate” or work out problems instead of going to trial.

Prepaid Legal Services Plans. Similar to medical insurance, this “legal insurance” may cover the kind of legal work you need. Typically, the premiums you pay entitle you to a certain amount of a lawyer’s time or to a lawyer’s services at a reduced rate.

Remember: never make a decision about an attorney solely on the basis of someone else’s suggestion. An attorney’s style and personality cannot be entirely gauged by viewing a web site, yellow page ad or a simple phone conversation. Don’t make up your mind about hiring an attorney until you’ve met with them, discussed your case, and decided that you feel comfortable working with them. The bottom line is that there are many, many attorneys; you just need the “right” one.

For renters, one of the most common questions is how to get back the security deposit back at the end of the rental – and how much of it are we entitled to get back? The good news is that state laws usually spell out the answers – (1) the exact number of days within which a landlord must return the security deposit; and (2) what deductions can be made from the deposit. The bad news is that most statutes allow deductions from the security deposit for unpaid rent and for “damages” to the unit. The question then becomes what “damages” can be deducted.

 A few simple steps can help you obtain a timely refund of your security deposit: 

STEP 1.  CONDUCT A MOVE-IN INSPECTION. 

The general rule is that a tenant is not responsible for “normal wear and tear” of the rental. For example, if the dishwasher must be replaced because it has simply worn out, that’s usually the landlord’s responsibility and the tenant’s security deposit can not be used to buy a new one. However, if a tenant damages the dishwasher through carelessness or deliberate misuse, the tenant must usually pay for it.  Because “normal wear and tear” can be interpreted many different ways, disputes often arise. It is generally recommended that the landlord and tenant conduct an inspection upon move-in to document the condition of the unit. This way, when the tenant moves out, it will be easier to determine what items may actually have been damaged as opposed to what has simply worn out.

STEP 2.  DOCUMENT ANY DAMAGES TO THE UNIT FOR WHICH YOU ARE NOT RESPONSIBLE. 

If an appliance malfunctions, notify the landlord so that the appropriate maintenance and/or repairs can be made.  Appliances may be covered by a warranty for only certain periods of time, so it is best to act quickly in the event of a problem.  This will help avoid any liability for damages at the end of the rental.  Also, if some third party causes damage to the property (such as a neighbor or other person not invited to the premises by the tenant), contact the landlord and document the situation.  Since memories fade, if you have documentation about someone else’s damage to the property, this will aid you in obtaining the appropriate refund of your deposit. 

STEP 3.  SEND THE LANDLORD A WRITTEN REQUEST FOR REFUND OF THE SECURITY DEPOSIT IN ACCORDANCE WITH STATE LAW. 

If you haven’t received your security deposit back from the landlord within the statutory period, you can send a letter (certified mail) to the landlord requesting return of the funds by a certain deadline. The letter should specify the amount of the security deposit paid, the date the rental agreement terminated and you vacated the property, and that the time for refund of the deposit has expired. It is a good idea to reference the security deposit statute in your state. If the landlord made any deductions to the deposit, ask for an itemization of those charges. Include the address to which you would like the security deposit returned. Ending the letter with a reminder of the penalties provided by law for failure to return the security deposit as required (including in most states the ability to sue the landlord and recover damages) usually encourages the landlord to act promptly.

Whether you are the tenant or the landlord, if you have a security deposit dispute, contact a landlord tenant attorney in your area to determine what legal rights and obligations are available in your situation.

Learn more about the security deposit laws in your state here.

It’s 3AM Wednesday morning, and I’m nestled in silent slumber at my La Costa condo. The neighborhood is asleep, the cat has finally tuckered himself out after doing wood-floor burnouts for the last 2 hours, and all is at peace with the world. Then, a distinct, growing sound begins to emanate from my downstairs neighbor that fills my room with awkwardness and pulls me out of sleep. It’s a pitchy sound, a whiney sound. It’s an amorous sound.

Ugh. Way to go, Gregg. See you brought home another quality woman by way of your magnetic BMW and a gratuitous drenching of AXE body wash. Luckily, the possibility of this romantic escapade turning into a Jerry Lewis Marathon is deflated rather quickly, and I’m left to resume my night of rest—a little older and wiser than I was before.

I am fortunate to live in a very quiet neighborhood and with neighbors, apart from the ringing-in-the-dawn endeavors Gregg sometimes embarks upon, who are gracious and respectful. However, I too have had neighbors from hell who have made Gregg’s periodic antics resemble those of a retired librarian. In fact, it is a safe bet that we have all experienced nights of excessive neighborly noise. However, city and county laws have established ordinances that control the times, types and loudness of noise, so that we can all live under the same community roof, or on the same block, in peace.

If you are currently in a situation where your neighborly noise is getting out of control, here are some steps that you can take to help muzzle the problem:

1. Talk to your neighbor
Believe it or not, based upon individual comfort levels of noise (televisions, stereos, video games, romantic liaisons, etc.), neighbors are oftentimes unaware that they are even creating a disturbance. Therefore, your first step is to talk to your neighbor(s) and try to resolve your differences in person. Sometimes simply bringing the situation to light solves the problem, quickly and easily.

2. Obtain a copy of your local City/County ordinance
If you cannot resolve your differences by speaking with your noisy neighbor, your next step is to get a copy of your local noise laws. City and County ordinances prohibit unreasonable, excessive noises; i.e. repetitive honking of car horns, continuously barking dogs, blasting car and home stereos, televisions, etc. In fact, non-compliant neighbors can be subject to a warning or even a fine. You can find your City/County ordinance at your local city hall, public law library or public library, and make a copy to give to your neighbor as a friendly, civil reminder to bring the volume down.

3. Warn your neighbor in writing
If steps 1 and 2 do not deliver results, you can warn your neighbor again—this time in writing. While you should never make deliberate threats, kindly inform your neighbor(s) that if the noisy situation does not improve, you are ready to notify the authorities. Enclose a copy of the previous noise ordinance with your letter and keep a copy of the letter for yourself, in the event you are forced to sue your neighbor in court.

4. Call the Police
If you have taken all of the steps above and your neighbor(s) still refuses to pipe down, it is time to call the police. Try to get the police to come while the noise is occurring. Of course, you can call the police on a noisy neighbor the first time the noise gets too loud, no matter what the situation. But the police will be more sympathetic to you if they see that you have tried repeatedly to solve the problem in the past.

5. Sue for Nuisance
If nothing is still being done to rectify the noisy situation, you can sue your neighbor(s) in small claims court. This is bound to get your neighbor’s attention and warrant some kind of compliance, as within the lawsuit, you can ask for money to compensate for the duress and disturbance the situation has caused you from enjoying the comforts of your own home.

Before heading into court, you will need to show the following:

• The existence of excessive and disturbing noise
• A diminished enjoyment of your property due to the noise
• A repeated attempt to talk with your neighbor(s) to quash the noise; i.e. the first copy of the City/County ordinance, your warning letter, etc.
• Any police reports, recordings or testimony of neighbors and/or other witnesses.

The amount of money you can ask for in small claims court is up to $5,000, depending on your justified level of disturbance; i.e. loss of work, etc.

Further, are you a tenant of a rental property? Apart from City/County ordinances, standard leases and rental agreements contain clauses that entitle you to “quiet enjoyment” of your home. A non-compliant neighbor can be held in lease or rental agreement violation and can be evicted by the landlord/property owner as a result.

With persistence and patience, and sometimes enlisting the help of a qualified Landlord-Tenant attorney, even the most uproarious neighbors can be changed to purring street-mates. Good luck.

For more information about Landlord-Tenant law, click here.

If a homeowner defaults on their mortgage the lender usually forecloses on the home and the homeowner loses it.  What happens to the renters who pay their rent every month but live in homes whose owner has not been paying the mortgage?

If you are a renter in a home or apartment building that is being foreclosed upon you are likely to be evicted.  Do you have the right to stay?  Not likely.  Will the lender who holds the mortgage be able to evict you if you choose to stay?  Yes.

If you have a lease how can that lease be thrown out?  It’s a contract; shouldn’t the new owner be required to fulfill the contract?

Each state may vary but it is likely your lease can be cancelled for two reasons.  The first may be due to a clause in most leases that cancels it in the event of a foreclosure. The second is a part of property law called “first in time is first in right.”  That means that if you rent a residence which is subject to a mortgage, the mortgage holder’s interest in the property is senior to your interest because it was entered into first.

Apartment building owners are usually required by their lender to include the foreclosure clause in their leases.  Lenders require this clause because it helps protect from an unnecessary risk.  If a building is foreclosed on, the lender must sell it to recoup the loan.  Lenders believe that at a foreclosure sale an empty building will sell for more than one that is occupied by tenants. If the value of a foreclosed property drops it may hinder the restorative effect a foreclosure is supposed to provide. This may leave the borrower “under water,” still owing even though the property has been sold.

Because many tenants of foreclosed buildings are helpless during a foreclosure, Congress may soon change the law.  The Mortgage Reform and Anti-Predatory Lending Act of 2007 will force new owners of foreclosed properties to honor existing leases.  The bill has been passed by the House of Representatives and is currently being discussed in the Senate Banking Committee.