The Cheap Way Out
by
Ben Oldenkamp
ejustice4all2000@home.com
As you know, obtaining good qualified Legal Counsel
can be a little rough on the old pocket book! So what are some of your options
and how can you "Stretch" those dollars when it comes to Attorney fees
and court costs? And where do you go to find good legal advice? Most people
never think about these things until they are in some kind of legal trouble.
Then they do what most people do … they ask friends and family for a name of
an Attorney. Generally this works well, however, they could be missing some very
important information that friends and family just may not know exists.
There
are basically two ways to go about handling Legal issues, you can do it
yourself, or you can have someone do it for you, usually for a fee. For you
do-it-yourselfers, there's Self-Representation, Arbitration, and Mediation. It's
not always totally free but you can cut you costs considerably. For those of you
who would rather have someone else do the talking (like me), and your income is
low enough (not like me), you might be able to get a Legal Aid or a Legal Clinic
to take you case, or a Law Firm might take it Pro-Bono.
For
the majority of people who would not qualify for the freebies (that's about 80%
of us), we have two more choices, find and pay for an Attorney the old fashion
way, or get a Pre-Paid Legal Plan started. These plans are modeled after HMO's.
You're able to put an entire Law Firm on retaining for a small monthly fee, with
25% discounts on fees not covered under the basic plan. This is a new trend in
the industry that is just starting to gain wide spread acceptance and it's
saving people tons of money on legal fees, yet still remains unknown to most
people.
I'll
briefly explain each choice that I mentioned above with links to some very good
reference sites at the end of this article to get you started on more in depth
research in to the areas that best suit your needs. OK, so you probably already
have heard that there are many programs in which people can obtain legal
services for free, or at reduced rates. I am referring to Pro-Bono Programs,
Legal Aid and Legal Clinics. The key to receiving these services is being able
to qualify. In order to qualify for a free lawyer, you would have to show that
you are unable to hire a lawyer because of a lack of finances and/or that your
income falls at or below a certain percentage of the federal poverty guidelines:
|
Income
Guidelines for Free Legal Service |
|
|
Family
Members |
Income
Level per year |
|
One
Person |
$
8,050 or less |
|
Two
Persons |
$10,850
or less |
|
Three
Persons |
$13,650
or less |
For
those brave souls who can't qualify for one of the above programs (That's about
80% of us), but still want to really stretch the old legal dollar, you may want
to consider self representation as an alternative to hiring a lawyer. You may be
able to resolve some legal problems yourself, through letter writing or by
filing in small claims court. You can find lots of information on how to
represent yourself "pro se" ("on one's own behalf"), by
using self-help legal resources, government agencies or consumer assistance
organizations found on the Web or through your local library.
Next
is the Alternative Dispute Resolution process, which is also referred to as ADR.
ADR is really a variety of methods for resolving disputes between parties
without traditional legal representation or litigation. In general, ADR involves
a neutral third party that works with both sides to come to a resolution. Each
party tells their side of their story in a setting that is usually less formal
than a court proceeding. There can also be greater flexibility with aspects of
the proceedings such as the site at which the hearing takes place. Two common
methods that are used are Arbitration and Mediation.
Arbitration
is much like a "private trial" and requires both parties to submit the
dispute to one or more impartial persons, with the goal of a final and binding
decision. Where as Mediation involves a neutral person helping two or more
parties to reach a voluntary settlement. The Mediator's role is to advise the
parties and offer suggestions on how to resolve the differences. Both parties
involved have an active role and ultimately decide the final outcome of the
dispute with the assistance of the Mediator.
A
little known but up and coming new trend in obtaining Legal Counsel is called
the "Pre-Paid Legal Services Plan". This type of arrangement offers
coverage of legal services by a licensed attorney to members on a prepaid basis.
A prepaid legal service plan works much like a prepaid health care plan. In
exchange for a membership fee, premium, or other prepayment, members receive
specified legal services at no additional cost, plus other services provided by
a lawyer at rates reduced by as much as 25%.
You
might ask… When would I ever use Prepaid Legal Services? Here are just a few
situations that come to mind where a "Pre-Paid Legal Services Plan"
could really come in handy:
.
Drafting a will
·
Name changes
·
Traffic Violations
·
Homeowner disputes
·
Work-related injuries
·
Automobile accidents
·
Credit problems
·
Real estate closings
·
Patent for invention
·
Car vandalism
·
IRS Audit
·
Criminal Actions
·
Law Suits
When
picking a Legal Services Plan shop around and look for a plan where the vast
majority of the Provider firms are "AV" rated by Martindale-Hubbell,
the highest rating possible. Martindale-Hubbell has maintained ratings for the
legal community for over a century. According to Martindale-Hubbell, "…
its ratings reflect the confidential opinions of bar members and the judiciary,
and attest to the individual lawyer's legal ability and adherence to
professional standards of ethics."
Next
look for a plan that provides coverage for all immediate family members included
in the same low monthly fee and one that covers you and you family nation wide.
Also look for long term stability in the plan provider, preferably one that is
an industry leader with a solid track record and sound balance sheet.
For
a single monthly fee, a good family plan should provide a family unlimited phone
consultations with a lawyer (not a paralegal), letters written on your behalf by
the attorney, document reviews, will preparation with an annual review,
representation on traffic tickets, civil lawsuits as well as IRS Audits. Any
other legal services not covered directly by the plan should be offered at a
discount, which should run about 25% off the normal hourly billing rate.
Look
for providers that offer special plans that might match your particular
occupation, such as a Peace Officer, Commercial Driver. Teacher, Home Based
Business or full fledged Business Owner. You might be able to get greater
savings, more coverage and a tax write-off to boot!
Legal
Aid and Clinics:
http://consumer.findlaw.com/lawyers/clinics/aid.html
Pro
Bono Programs:
http://consumer.findlaw.com/lawyers/clinics/free.html
Self
Representation:
http://consumer.findlaw.com/congen/index.html
Arbitration
and Mediation:
http://consumer.findlaw.com/lawyers/lrs.html
Pre-Paid
Legal Services Plans:
http://consumer.findlaw.com/lawyers/paid.html
Some
Interesting Quotes
"
Americans have come to view legal assistance as a necessity…the best way for
the majority of Americans to be able to assure themselves of legal assistance
when they need it…is through a prepaid legal plan" - American Bar
Association
"As more Americans find themselves priced out of the system, the struggle
goes on to fulfill the promise of Equal Justice For All" - ABA Journal,
August 1994
"According to the National Resources Center for Consumers of Legal
Services, the average person faces legal issues four to six times a year. These
are instances where the legal advice could be helpful, but most people are
hesitant to talk to a lawyer because they don't feel it would be cost
effective." - Black
"Only Clients with Money Get True Legal Advice" - F. Lee Bailey
Ben
Oldenkamp is an Associate of Pre-Paid Legal Services, Inc. For more information
on "Pre-Paid Legal Services Plans"call at 1-888-689-8106 or email ejustice4all2000@home.com.
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