Wednesday, April 20, 2011

When is the Right Time to Call an Attorney?

Sometimes it can be hard to tell when it is the right time to call an attorney.  Legal services are often expensive and sometimes you do not want to contact a lawyer until you are sure about going forward.  Sometimes, potential clients call too soon, before their case has developed far enough for an attorney to help them.  Worse, many potential clients wait until it is too late and their window of opportunity has passed.  So how do you know when to pick up the phone, or send in an email?  The answer depends on the type of case.

Criminal

It is almost never too soon to contact an attorney if you believe that you may be suspected or charged with a crime.  Even if you have not yet been charged, having an attorney “on retainer” to represent you can protect your rights and make certain that you are not caught talking to the police alone when you would rather remain silent.  Also, in some cases, an attorney can make deals that will keep you from even being charge if, for example, you agree to testify against one of the other people involved in the case.  Having an attorney early also improves your chances of getting a fair pre-conviction bond so you will not be held in jail any longer than is necessary.  This bond is usually set at the initial hearing, called an arraignment.  While your attorney can file a motion to modify or reduce the bond later on, the arguments are often more persuasive at the start, and you can avoid having to wait in jail until the motion can be heard.  All in all, there is no reason to wait to contact an attorney in a criminal matter.  The sooner he or she becomes involved, the better.

Civil

There are many different kinds of civil cases, each with their own considerations.  The Peter J. Johnson Law Office does not specialize in civil law, but there are occasions when the attorneys here can be retained.  Civil law is the area where the most clients call too soon or too late.  In order for a matter to be heard in a civil case, damages have to be definite.  This means that the doctors have to be done diagnosing, if not treating any injuries, the repair shop needs to be done fixing the property or at least have provided an estimate, and all the numbers are in on the cost of the breach of contract.  There are, of course, exceptions, but generally, it is not helpful to contact an attorney until you have reached this stage.

It is more important that you not wait too long, though.  The State of Michigan, like most other states, have what are called “Statutes of Limitations” or windows of opportunity within which you can file a claim.  The standard Statute of Limitations is 6 years, but particular types of matters, such as medical malpractice or auto negligence have shorter period – some as short as 1 or 2 years.  More importantly, sometimes this is measured from when the injury actually happened, rather than when you found out it was a problem.  Your best plan of action is to contact an attorney early in the process and find out what the window of opportunity is with respect to your kind of case.

Family

This can be the most difficult kind of case to decide just when it is the right time to get an attorney involved.  Often matrimonial discord can be resolved with counseling or informal mediation without resorting to a divorce.  Other times, there has already been a divorce, but the question is whether things will get better or worse if you ask a judge to reevaluate custody, support, or parenting time for your children.  It is best in these cases to wait until you are certain of the change you want to happen, and you have proof of your claims.  If you come in, for example, and tell the lawyer that you thing your wife or husband is cheating on you, it will likely cost you a lot more for the lawyer or private investigator to dig through all the facts than if you are able to show him or her the emails supporting the claim yourself.  Also, remember that for child custody issues, the courts look at what is in the best interests of the child, and after a judgment has been entered, will only consider evidence of what has changed since the last order.  Document anything you question and bring that documentation to your attorney when it is time.  A motion can be started before you have the proof, but without evidence, you are not likely to get the result you want, and after the motion has been filed, your ex-husband or wife is not likely to cooperate nearly as much as he or she would have before.

Probate

Probate matters, including guardianships, conservatorships, and deceased estates can be the most emotionally trying times to contact an attorney, and for that reason many potential clients wait longer than they should to start the proceedings.  For probate matters such as wills and powers of attorney, it is best to come in before you believe you really need the document.  As a rule of thumb, if you have a house or a child, you need a will, and probably a power of attorney as well.  That is because these documents protect you and your estate if something were to happen to you, even unexpectedly.  For more complex matters, such as guardianships and conservatorships, an attorney should be contacted as soon as the need arises – that is, as soon as it is clear that the parents will not be able to care for the child or the disabled adult is not able to care for his or herself.

Most importantly, if you have had a death in the family, it is important to contact an attorney within 30 days of the death.  If a will is not filed with the court within that time, creditors can initiate proceedings to claim the deceased’s assets.  Even if all you can do is get the estate started, it is very important that an attorney be contacted right away.  Waiting could threaten the wishes of the deceased as to what is to be done with his or her possessions.

Regardless of the area of law, deciding to bring in an attorney is no small matter.  If you are unsure as to whether it is time, the best course of action is to talk to an attorney and see what he or she would recommend.  Do not procrastinate.  Sometimes the consequences of inaction can be dire, but they can usually be avoided by an early call to an attorney.

* Please note: Every case is different, and there may be some aspect of your particular case which may result in an outcome other than is described above.  This post is not intended as legal advice and may not apply to your particular case.  It is always best to contact our office for a consultation if you have been or believe you may have a legal issue.