Lemon law
Lemon laws are American state laws that provide a remedy for purchasers of cars in order to compensate for cars that repeatedly fail to meet standards of quality and performance. These vehicles are called lemons. The federal lemon law (the Magnuson-Moss Warranty Act) protects citizens of all states. State lemon laws vary by state and may not necessarily cover used or leased cars. The rights afforded to consumers by lemon laws may exceed the warranties expressed in purchase contracts. Lemon law is the common nickname for these laws, but each state has different names for the laws and acts.
Federal lemon laws cover anything mechanical. The federal lemon law also provides that the warranter may be obligated to pay the prevailing party's attorney in a successful lemon law suit, as do most state lemon laws.
Showing posts with label Lemon Law. Show all posts
Showing posts with label Lemon Law. Show all posts
Lemon Law Wisconsin
Lemon Law Wisconsin
what is lemon law?
If the motor vehicle you buy or lease turns out to be a "lemon," the manufacturer has to replace it free or refund the price (minus a reasonable amount for mileage).
what is lemon law?
If the motor vehicle you buy or lease turns out to be a "lemon," the manufacturer has to replace it free or refund the price (minus a reasonable amount for mileage).
What is a "lemon"?
What is a "lemon"?
A new vehicle - no more than a year old and still under warranty - is a "lemon" if:
It has a serious defect the dealer can't fix in four tries, or
It has one or many defects that prevent you from using it for 30 days or more (the 30 days need not be consecutive)
What should a lemon owner do?
Get a repair order for every repair visit, even if the shop doesn't diagnose the problem or attempt a repair. A repair order should show the problem you report, and the dates your car is in the shop.
Keep purchase contracts, warranties, and repair orders to prove you have a lemon. Don't keep repair orders in your car where they may get lost.
We strongly urge you to use the Wisconsin Department of Transportation's (WisDOT) Motor Vehicle Lemon Law wisconsin Notice form to ask the manufacturer for a refund or replacement vehicle. The Lemon Law Notice includes important language required under the lemon law wisconsin. Send the form to the manufacturer at the address in your owners manual. The manufacturer has 30 days to respond. Your refund should include the full purchase price, sales tax, any finance charge, and collateral costs (for example, repairs, towing, alternative transportation), minus the mileage deduction allowed by law. If you get a replacement vehicle, the manufacturer should refund your collateral costs and charge nothing for mileage.
If you return to the manufacturer a vehicle that has missing equipment or unrepaired damage beyond normal wear and tear, a manufacturer may want to negotiate a damage deduction. You should not be responsible for paying for normal wear and tear, such as minor dents, scratches, pitted glass, soiled carpets, minor stains or tears. Feel free to have the damage appraised at a location you choose, or to have it repaired rather than paying a deduction.
If you don't get a refund or replacement by writing the manufacturer, consider using your manufacturer's arbitration program. If your manufacturer has a program certified by WisDOT, you must use it before you can sue under the Lemon Law. If your manufacturer's program is not certified, you do not have to use it. However, if you do use it, you might get a decision you like. You can reject any decision you don't like. See the list of arbitration programs listed below.
Talk to an attorney if the manufacturer doesn't help you. A court may need to decide if your vehicle is a lemon and what settlement you deserve. If you sue the manufacturer and win, you could get double the vehicle purchase price, plus other costs and attorney fees. To find an attorney who handles Lemon Law wisconsin cases, contact the State Bar of Wisconsin Attorney Referral Service toll-free at (800) 362-9082, or at (608) 257-4666 orWisBar Lawyer Referral and Information Service.
A new vehicle - no more than a year old and still under warranty - is a "lemon" if:
It has a serious defect the dealer can't fix in four tries, or
It has one or many defects that prevent you from using it for 30 days or more (the 30 days need not be consecutive)
What should a lemon owner do?
Get a repair order for every repair visit, even if the shop doesn't diagnose the problem or attempt a repair. A repair order should show the problem you report, and the dates your car is in the shop.
Keep purchase contracts, warranties, and repair orders to prove you have a lemon. Don't keep repair orders in your car where they may get lost.
We strongly urge you to use the Wisconsin Department of Transportation's (WisDOT) Motor Vehicle Lemon Law wisconsin Notice form to ask the manufacturer for a refund or replacement vehicle. The Lemon Law Notice includes important language required under the lemon law wisconsin. Send the form to the manufacturer at the address in your owners manual. The manufacturer has 30 days to respond. Your refund should include the full purchase price, sales tax, any finance charge, and collateral costs (for example, repairs, towing, alternative transportation), minus the mileage deduction allowed by law. If you get a replacement vehicle, the manufacturer should refund your collateral costs and charge nothing for mileage.
If you return to the manufacturer a vehicle that has missing equipment or unrepaired damage beyond normal wear and tear, a manufacturer may want to negotiate a damage deduction. You should not be responsible for paying for normal wear and tear, such as minor dents, scratches, pitted glass, soiled carpets, minor stains or tears. Feel free to have the damage appraised at a location you choose, or to have it repaired rather than paying a deduction.
If you don't get a refund or replacement by writing the manufacturer, consider using your manufacturer's arbitration program. If your manufacturer has a program certified by WisDOT, you must use it before you can sue under the Lemon Law. If your manufacturer's program is not certified, you do not have to use it. However, if you do use it, you might get a decision you like. You can reject any decision you don't like. See the list of arbitration programs listed below.
Talk to an attorney if the manufacturer doesn't help you. A court may need to decide if your vehicle is a lemon and what settlement you deserve. If you sue the manufacturer and win, you could get double the vehicle purchase price, plus other costs and attorney fees. To find an attorney who handles Lemon Law wisconsin cases, contact the State Bar of Wisconsin Attorney Referral Service toll-free at (800) 362-9082, or at (608) 257-4666 orWisBar Lawyer Referral and Information Service.
Wisconsin Lemon LAW AID
Wisconsin Lemon LAW AID
A vehicle purchase is often the second largest investment in a person's life. Wisconsin has laws and procedures in place to protect this investment. Similarly, warranties are also provided with vehicles to protect consumers. An experienced attorney can guide you through the procedures and advise you on whether your vehicle is eligible for relief.
Wisconsin's Lemon Law, one of the strongest in the country, has now provided protection for Wisconsin consumers for over 24 years. Signed into law on November 3, 1983, it protects new car, motorcycle, truck, semi-truck, and motor home buyers by stating that a manufacturer must refund or replace a new vehicle if it turns out to be a "lemon".
Obtaining relief under the lemon law is a procedure that must be followed carefully. An attorney can be helpful in determining whether you have a lemon law claim and to guide you through the lemon law process. Our office has handled hundreds of lemon law and warranty litigation cases and is experienced in litigating these types of cases throughout the State of Wisconsin.
Under the law, a vehicle is considered a lemon if it has one or more defects that substantially impair its use, value or safety. Such defects must be covered by warranty, and problems must occur in the first year of the warranty coverage. Although defects and repair attempts must occur in the first year, vehicle owners have up to several years after that to file a lawsuit.
While every state has a lemon law, the strength of these laws vary greatly. Wisconsin's Lemon Law is stronger than most and has a number of unique features.
▪ The law provides for double damages if a consumer wins a Lemon Law case in court.
▪ The law provides for the manufacturer to pay actual attorney fees and costs if the consumer prevails.
▪ The Wisconsin Lemon Law covers commercial vehicles. In many states, large commercial trucks have no protection.
▪ There is no mileage limitation.
▪ There is no express statute of limitations for filing a lawsuit.
▪ The law requires arbitration boards that have been certified by the state to strictly apply the lemon law to their decisions.
▪ Titles of "lemon" vehicles are branded "manufacturer buyback vehicle" making them more easily identifiable.
A consumer whose vehicle meets the definition of a lemon, having a substantial defect or condition, four repair attempts for the same problem or 30 days out of service for a variety of problems, needs to first contact the manufacturer to request a refund or replacement. The manufacturer has 30 days to respond. If the manufacturer does not respond or offer a refund or replacement vehicle, the consumer has a private right of action to sue the manufacturer in court. A consumer who wins a Lemon law suit will be awarded double damages, plus other costs and attorney fees.
Wisconsin Lemon Aid is a web site dedicated to the trust of the consumer. This site serves as a information source for consumers that are experiencing difficulties in "Lemon Law" issues.
A vehicle purchase is often the second largest investment in a person's life. Wisconsin has laws and procedures in place to protect this investment. Similarly, warranties are also provided with vehicles to protect consumers. An experienced attorney can guide you through the procedures and advise you on whether your vehicle is eligible for relief.
Wisconsin's Lemon Law, one of the strongest in the country, has now provided protection for Wisconsin consumers for over 24 years. Signed into law on November 3, 1983, it protects new car, motorcycle, truck, semi-truck, and motor home buyers by stating that a manufacturer must refund or replace a new vehicle if it turns out to be a "lemon".
Obtaining relief under the lemon law is a procedure that must be followed carefully. An attorney can be helpful in determining whether you have a lemon law claim and to guide you through the lemon law process. Our office has handled hundreds of lemon law and warranty litigation cases and is experienced in litigating these types of cases throughout the State of Wisconsin.
Under the law, a vehicle is considered a lemon if it has one or more defects that substantially impair its use, value or safety. Such defects must be covered by warranty, and problems must occur in the first year of the warranty coverage. Although defects and repair attempts must occur in the first year, vehicle owners have up to several years after that to file a lawsuit.
While every state has a lemon law, the strength of these laws vary greatly. Wisconsin's Lemon Law is stronger than most and has a number of unique features.
▪ The law provides for double damages if a consumer wins a Lemon Law case in court.
▪ The law provides for the manufacturer to pay actual attorney fees and costs if the consumer prevails.
▪ The Wisconsin Lemon Law covers commercial vehicles. In many states, large commercial trucks have no protection.
▪ There is no mileage limitation.
▪ There is no express statute of limitations for filing a lawsuit.
▪ The law requires arbitration boards that have been certified by the state to strictly apply the lemon law to their decisions.
▪ Titles of "lemon" vehicles are branded "manufacturer buyback vehicle" making them more easily identifiable.
A consumer whose vehicle meets the definition of a lemon, having a substantial defect or condition, four repair attempts for the same problem or 30 days out of service for a variety of problems, needs to first contact the manufacturer to request a refund or replacement. The manufacturer has 30 days to respond. If the manufacturer does not respond or offer a refund or replacement vehicle, the consumer has a private right of action to sue the manufacturer in court. A consumer who wins a Lemon law suit will be awarded double damages, plus other costs and attorney fees.
Wisconsin Lemon Aid is a web site dedicated to the trust of the consumer. This site serves as a information source for consumers that are experiencing difficulties in "Lemon Law" issues.
law lemon wisconsin
Wisconsin's Motorized Wheelchair Lemon Law
law lemon wisconsin
If you buy or lease a new motorized wheelchair or
scooter for use by persons with disabilities, under state law you have
protection if the chair or scooter has chronic defects. Section 134.87
of Wisconsin statutes is known as the Wheelchair Lemon Law.
law lemon wisconsin
It
entitles the owner of a chair or scooter that meets the statutory
definition of a "lemon" to a refund or a replacement.
more at http://www.dhs.wisconsin.gov/disabilities/physical/lemonlaw.htm
law lemon wisconsin
Wisconsin's lemon law
If the motor vehicle you buy or lease turns out to be a "lemon," the manufacturer has to replace it free or refund the price (minus a reasonable amount for mileage).law lemon wisconsin
What is a "lemon"?
A new vehicle - no more than a year old and still under warranty - is a "lemon" if:- It has a serious defect the dealer can't fix in four tries, or
- It has one or many defects that prevent you from using it for 30 days or more (the 30 days need not be consecutive)
- law lemon wisconsin
What is a defect?
law lemon wisconsinA defect covered by the Lemon Law must seriously affect the use, value or safety of your vehicle and must be covered by the warranty. An irritating rattle may not be "serious" enough to make your car a lemon. Stalling probably is.
more at http://www.dot.wisconsin.gov/safety/consumer/rights/lemonlaw.htm
Lemon Law info
How does the NY Lemon Law work?
The New York Lemon Law covers drivers whose vehicles suffer a nonconformity or defect within the first 24 months or 18,000 miles, whichever comes first, that can't be repaired after repeated attempts (normally 3-4) by the manufacturers authorized dealership. These cars can be purchased, leased, registered or transferred to New York.more at http://www.lemonlaw.com/new-york-lemon-law-questions.html
New York Lemon Laws
New York Lemon Laws and the federal Lemon Law (the Magnuson-Moss Warranty
Act) provide for compensation to New York consumers of defective
automobiles and trucks and other vehicles and products ( New York Lemon Laws
) including
motorcycles, RV's, boats, computers and other consumer appliances and
products. To qualify under the New York Lemon Law or the federal Lemon
Law, you must generally have a product that suffered multiple repair
attempts under the manufacturer's factory warranty. ( New York Lemon Laws ) Lemon Law
compensation can include a refund, replacement or cash compensation. The
following comments
briefly explain the New York Lemon Law and how it applies to you.
http://www.carlemon.com/lemon/NY_LemonGuide.html
New York Lemon Laws
http://www.carlemon.com/lemon/NY_LemonGuide.html
New York Lemon Laws
personal injury attorney lawyer
Personal Injury: Selecting a Good Lawyerpersonal injury attorney lawyer |
Most lawyers who specialize in personal injury law will either represent injured people or defend against personal injury lawsuits, but usually not both. If you've been injured, you'll probably want to hire what's called a "plaintiff's lawyer."
personal injury attorney lawyer
If you don't already have a list of prospective lawyers, a great place to start your search is right here at lawyers.com. You can do a free search to come up with a list of lawyers by using the Find A Lawyer search box that can be accessed from anywhere on lawyers.com. (You should see a search box on the right side of your computer screen.)
You'll need to do some initial screening of your list of lawyers to whittle it down to three or four prospective candidates:
personal injury attorney lawyer
- Look at biographical information, including whatever you can find on Web sites for the lawyers and their law firms. Do they appear to have expertise in the area you need? Do they have any information on their Web sites that is helpful to you?
- Lawyers who represent injured people usually don't also defend against lawsuits in this area. The profile for the lawyer and his or her firm should give you an idea of whom they primarily represent. If you can't tell, call the lawyer's office and find out.
- Use search engines to surf the Internet. Can you find any articles, FAQ's or other informational pieces the lawyer has done that give you a level of comfort? Cross check your references by doing searches using key words such as "personal injury attorneys" or "trial lawyers."
- Check to see if the attorney belongs to personal injury trial lawyers' associations, such as the American Association for Justice ("AAJ") or your state's trial lawyers' association.
- If you already have a working relationship with an attorney who practices in another area, ask him or her for the names of some good personal injury attorneys
- Ask other people if they've heard of the attorneys and what they think about them
- Contact your state bar association or visit their Web site to find out if the lawyer is in good standing
- Check out the yellow pages of your telephone directory. Does the lawyer advertise? If so, do you find it compelling? Helpful? Tasteful?
- Check out the online archives of your local newspaper. Has there been any publicity about the lawyer or the cases that he or she has handled? This is particularly likely in the case of attorney who handle large-settlement personal injury cases.
- Before you hire a lawyer, ask for references. You want to talk to people who could comment on the lawyer's skills and trustworthiness. Ask if it is okay to talk to some of the lawyer's representative clients.
- Ask about conflicts of interest. Does the lawyer represent any opposing parties? If you are filing bankruptcy, for example, does the lawyer represent any of your creditors?
- Ask for a copy of a firm brochure and promotional materials that the firm may have. Crosscheck these materials against your other sources and references.
personal injury attorney
If you're facing a particularly serious or complicated injury claim, you'll probably need a personal injury lawyer's advice. You shouldn't turn to just any lawyer for help; look for someone who has experience representing injured folks (called "plaintiffs") in personal injury claims -- and whom you feel that you can trust.
Finding Experienced Lawyers
There are several ways to get referrals to experienced plaintiffs' personal injury lawyers. Once you get referrals, be sure to comparison shop. Get the names of several lawyers and meet with each of them to discuss your claim before you decide to hire someone. And be prepared for rejection. Many lawyers do not take cases if they fall below a certain potential recovery amount, or if the claim is not crystal clear.Here's where to look for referrals:
Friends and Acquaintances
Talk with friends or coworkers who have been represented by a lawyer in their own personal injury claims. If the friend or coworker says good things to you about a lawyer, put the lawyer on your list of people to consult. But do not make a decision about a lawyer solely on the basis of someone else's recommendation. Different people will have different responses to a lawyer's style and personality; don't make up your mind about hiring a lawyer until you've met the lawyer, discussed your case, and decided that you feel comfortable working with him or her.Nolo's Lawyer Directory
Nolo offers two ways to find an attorney. You can use the lawyer locator to quickly enter in the details of you case and have local personal injury lawyers contact you.Nolo also offers a unique lawyer directory that provides a comprehensive profile for each attorney with information that will help you select the right attorney. The profiles tell you about the lawyer's experience, education, and fees, and perhaps most importantly, the lawyer's general philosophy of practicing law. Nolo has confirmed that every listed attorney has a valid license and is in good standing with their bar association. Every attorney has taken a pledge to communicate regularly with you, provide an estimate of the time and cost involved, 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.nolo.com/lawyers.
personal injury attorney
6 Steps To Choosing The Best Lawyer
6 Steps To Choosing The Best Lawyer
Whether you want monetary compensation or a solid defense, it’s worth the time and effort to be very selective in whom you choose to represent you. So how, exactly, do you choose the best Kentucky lawyer, whose services fit within your budget?
Follow the steps below to help you find the best lawyer for your case. 
(1) Identify Type
Your uncle may handle corporate law cases, but does that mean he handles divorce? That depends. One law firm may practice 10 different types of law, while another may specialize in just one. You want someone who is an expert in what you need. So think about what kind of lawyer will handle your case.
- Have you been in a car accident? Did you slip and fall? Are you the victim of medical malpractice? Any of these require the expertise of a personal injury lawyer.
- A family law attorney, however, handles cases of divorce, child custody, child support and trusts or wills.
IMPORTANT: Don’t rely on television commercials, bench ads or the phone book. These types of advertisements can’t tell you if the firm is credible, reliable and professional.
(2) Gather References
Most likely, someone in your inner circle has hired a lawyer at some point. Ask how their experience was and whether or not they got the results they wanted. Personal references are a great starting point in getting a phone number or a website of a lawyer who is reputable.
(3) Do Research
The Internet is a wonderful tool to gather information before you start making phone calls. Just use a common search engine, like Google or Yahoo. Type in the type of lawyer that you need and sift through the results.
- Look at the firm’s website. Is it professional? Can you easily find their email addresses and phone numbers? Do they practice the type of law you are looking for? Do they have a Frequently Asked Questions section?
- Look for lawyers who offer a FREE CONSULTATION. Many firms offer this option on their website.
(4) Make An Appointment
After researching firms, you need to set up your initial consultation. Many firm’s websites offer this option online. If they don’t, call during their business hours. A reputable firm should be able to make your appointment for you right over the phone. Often, a call back takes less than 24 hours.
(5) At The Consultation
When you meet with the lawyer, don’t be afraid to ask questions. Any lawyer who avoids answering your questions, rushes you to make a commitment or who can’t back up credentials, is a waste of your valuable time and money.
Go prepared, with a notebook, pen and list of questions.
Good questions to ask:
- What is your experience in ___________ (type of law)?
- How many cases have you handled in ______________?
- How many cases have you handled that are like mine?
- How long will my case take to resolve?
- What are your rates for my type of case?
- How often will I be billed?
- What is the average figure to handle this type of case, such as mine?
Listen carefully, take notes. Write down dates, fees and other pertinent information. Ask for the details in writing. Look around the office. Is it clean? Well organized? It may seem obvious, but look for credentials hanging on the walls.
You want someone who will listen empathetically to your concerns, who will answer all questions about fees or payments, who can explain the road ahead and who will freely share about their experience with similar cases. Take time to check out other resources too. The lawyer you choose should be a member of the state’s bar association. Peer reviews of many law firms can be found here, at Martin Hubbell, a great inside resource.
(6) Confirm The Connection
You should connect with your representation. After all, they’ll be spending a great deal of time getting to know you. If the attorney is unprofessional or makes you feel uncomfortable, walk away and find someone else. Your hard earned money should be spent wisely on the right person.
law lemon wisconsin
You want an attorney who puts you at ease, is empathetic and who treats you like a person, not a case number. Keep in mind: Generally speaking, the larger the firm, the harder it will be to get someone on the phone, the more time you’ll spend waiting for a call back and the more expensive their services will be. Follow these steps to find the representation that’s right for you.
law lemon wisconsin
How To Pick The Right Lawyer
Whether you are drafting a will or a trust, buying or selling real estate or getting a divorce, it is important to select the best attorney possible. Read on to find out what tips you can use to make sure that you are picking the right lawyer for you.
law lemon wisconsin
Retain an Honest Lawyer
Many attorneys offer an initial consultation free of charge. Take advantage of this. Use the meeting to determine whether the attorney is honest and forthcoming. Instinctively, some people have the ability to determine an individual's character within a few minutes of interacting with the person; however, there are a few personality traits that can also tip you off.
For example, is the lawyer looking you in the eye when speaking with you, or is he or she looking at the ground? Remember, people who don't maintain eye contact usually have a problem with the truth. Also, ask what kind of cases he or she has litigated in the past. If the majority of the attorney's work has been defending the dregs of society, the attorney (while perhaps a great litigator) may be used to bending the rules to get things done.
Also, ask the attorney about your case's chance of success or failure. If the lawyer sounds unusually optimistic and doesn't tell you any of the risks or downplays the costs associated with the case, he or she is probably not being honest. Remember, there are downsides and risks to almost every case!
Prior to entering into any official relationship it is important to feel secure in the knowledge that your lawyer is an honest individual. After all, there's nothing worse then being in an extended court battle and not having an honest person on your side - particularly one who is willing and able to communicate your chances of prevailing. It would be equally disturbing to find out that the attorney representing you is hurting your case because of his or her questionable reputation.
Thorough and Responsive
The initial meeting or conversation with the attorney can also help you to determine whether he or she is detail oriented and will be responsive to your needs. Again, your instincts should serve as your guide. Be sure to ask the attorney if it's OK to call them throughout the case to discuss any concerns you may have. If he or she balks at the idea, it may indicate that you'll have trouble relaying your thoughts and obtaining answers to your questions once the case is up and running.
Other questions that should be asked include:
Will I be given periodic updates on the status of the case in writing or by phone?
Will the attorney be the main point of contact, or will communications be delegated to a paralegal?
There is nothing worse then having an attorney who won't respond to your inquiries, or hear your concerns. To that end, be sure to retain an attorney who is communicative.
In Your Price Range
Finding the right attorney for you means finding one whose services you can afford. With that in mind, all individuals should inquire about costs at the outset of the initial meeting. After all, it would be horrifying to find out (after the fact) that the attorney is charging you per letter, per hearing, or in some other manner that only encourages him or her to drag the case out and to rack up fees.
Also, try to obtain an estimate of what the case will cost to litigate in writing. Then, again in writing, try to secure a contract that will spell out the maximum costs associated with trying your case. This will prevent any unwanted surprises.
What is a "fair" price? That depends upon your individual case. Residential real estate closings, for example, typically range from $700 to $1,200, while complex matters can easily cost much more. Simple commercial transactions, such as buying a local business, often range from $2,000 to $4,000, but if the process takes longer than expected, this will also increase the price. The same is true in a divorce proceeding: if your soon-to-be "ex" doesn't contest, the matter could be solved for a few thousand dollars, but if a drawn out fight ensues, it could run in the tens of thousands of dollars. (For related reading, see The Benefits Of Using A Real Estate Attorney and Get Through Divorce With Your Finances Intact.)
Most attorneys looking to avoid disagreements with their clients will insist that a contract be signed by both parties at the outset. If your attorney does not offer a contract, make sure that you obtain something in writing, preferably on letterhead stating likely and maximum charges.
Seek Those With Experience
While it is important to have an attorney that you can trust, it is equally important that he or she has extensive experience in the area of law for which you require their services. For example, you should you use an attorney with estate planning experience to draft your will, a divorce attorney to draft divorce papers and a trial lawyer to defend you in a criminal case. General practitioners are good for basic real estate transactions, or other non-complex matter, but their lack of detailed knowledge and experience in a given field can hurt your case. (For more insight on estate planning, read The Importance Of Estate And Contingency Planning.)
Consider the Size of the Firm You'd Be Dealing With
There are advantages to hiring a lawyer from a small firm. In most cases, you receive personalized, prompt attention. In addition, the lawyer representing you will probably have a fairly large amount of time to dedicate to your case. This may not be the situation at large firms, where attorneys must often juggle numerous cases and may have many responsibilities to the firm and its partners that could draw their attention away from your needs.
However, large firms also have advantages. After all, many judges and opposing attorneys respect and/or fear large reputable firms for the cases they've won, and their ability to influence judgments. Large firms also typically have greater resources in terms of money and manpower to research your case and to craft strategy.
In short, weigh the pros and cons of having a small or a large firm to try your case before signing a contract.
Where to Look for a Lawyer
In addition to the phone book and/or a friend that might recommend a lawyer, there are several other sources for finding a qualified attorney to represent you. Some unions offer representation as does the AARP (sometimes at a discount to its members). In addition, members of the military are often entitled to certain representation, as are certain individuals covered by umbrella and home insurance policies. Finally, the American Bar Association can also help you find a suitable attorney that is licensed in your state.
The Bottom Line
Selecting the right attorney can make your case, while selecting the wrong one can doom it, so do your homework.
Read more: http://www.investopedia.com/articles/pf/08/picking-lawyer.asp#ixzz1joqcswZ4
law lemon wisconsin
How to Find an Excellent Lawyer
If your legal problem is complex or involves lots of money, you might not want to attempt to handle the entire matter without a lawyer. After all, lawyers do more than dispense legal information. They offer strategic advice and apply sophisticated technical skills to legal problems. Ideally, you'll be able to find a lawyer who's willing to serve as your legal "coach" to help you educate yourself to the maximum extent possible and to take over as your formal legal counsel only if necessary.
How to Find the Right Lawyer
Locating a good lawyer who can efficiently help with your particular problem may not be easy. Don't expect to locate a good lawyer by simply looking in the phone book or reading an advertisement. There's not enough information in these sources to help you make a valid judgment.
Personal Referrals
A better approach is to talk to people in your community who have experienced the same problem you face -- for example, if you have a claim of sexual harassment, talk to a women's group. Ask them who their lawyers were and what they think of them. If you talk to half a dozen people who have had a similar legal problem, chances are you'll come away with several good leads.
But don't make a decision about a lawyer solely on the basis of someone else's recommendation. Different people will have different responses to a lawyer's style and personality; don't make up your mind about hiring a lawyer until you've met the lawyer, discussed your case, and decided that you feel comfortable working with him or her.
Also, it may be hard to find lawyer through a personal referral with the expertise you need (for instance, if your friend had a great divorce lawyer, but you need incorporation advice, the referral may not do you much good).
Online Services
Many sites, including Nolo.com, offer a way to connect with local lawyers based on your location and the type of legal case you have. You answer a few questions about your case and your contact information, then the right type of lawyers contact you directly. You can try it here.
Nolo's Lawyer Directory
Nolo offers a unique lawyer directory that provides a comprehensive profile for each attorney with information that will help you select the right attorney. The profiles tell you about the lawyer's experience, education, and fees, and perhaps most importantly, the lawyer's general philosophy of practicing law. Nolo has confirmed that every listed attorney has a valid license and is in good standing with their bar association. Every attorney has taken a pledge to communicate regularly with you, provide an estimate of the time and cost involved, 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 Nolo's Lawyer Directory.
Business Referrals
Businesses who provide services to key players in the legal area you are interested in may also be able to help you identify lawyers you should consider. For example, if you are interested in small business law, speak to your banker, accountant, insurance agent, and real estate broker. These people come into frequent contact with lawyers who represent business clients and are in a position to make informed judgments.
Lawyer Referral Services
Lawyer referral services are another source of information. There is a wide variation in the quality of lawyer referral services, however, even though they are required to be approved by the state bar association. Some lawyer referral services carefully screen attorneys and list only those attorneys with particular qualifications and a certain amount of past experience, while other services will list any attorney in good standing with the state bar who maintains liability insurance. Before you choose a lawyer referral service, ask what its qualifications are for including an attorney and how carefully lawyers are screened.
What you may not get from any lawyer referral service, however, is insight into the lawyer's philosophy -- for instance, whether the lawyer is willing to spend a few hours to be your legal coach or how aggressive the lawyer's personality is.
Other Sources
Here are a few other sources you can turn to for possible candidates in your search for a lawyer:
- The director of your state or local chamber of commerce may be a good source of business lawyers.
- The director of a nonprofit group interested in the subject matter that underlies your lawsuit is sure to know lawyers who work in that area. For example, if your dispute involves trying to stop a major new subdivision, it would make sense to consult an environmental group committed to fighting urban sprawl.
- A law librarian can help identify authors in your state who have written books or articles on a particular subject -- for example, construction law.
- A women's or men's support group will probably have a list of well-regarded family and divorce lawyers.
Consider a Specialist
Most lawyers specialize in certain areas, and even a so-called "general practitioner" may not know that much about the particular area of your concern. For example, of the almost one million lawyers in America today, probably fewer than 50,000 possess sufficient training and experience in small business law to be of real help to an aspiring entrepreneur.
It can pay to work with a lawyer who already knows the field, such as employment discrimination, zoning laws, software design issues, or restaurant licensing. That way you can take advantage of the fact that the lawyer is already far up the learning curve. Sometimes specialists charge a little more, but if their specialized information is truly valuable, it can be money well spent.
Interview the Prospective Lawyers
When you get the names of several good prospects, the next step is to talk to each personally. If you outline your needs in advance, many lawyers will be willing to meet to you for a half-hour or so at no charge so that you can size them up and make an informed decision.
Personality
Pay particular attention to the personal chemistry between you and your lawyer. No matter how experienced and well-recommended a lawyer is, if you feel uncomfortable with that person during your first meeting or two, you may never achieve an ideal lawyer-client relationship. Trust your instincts and seek a lawyer whose personality is compatible with your own. Look also for experience, personal rapport, and accessibility.
Communication and Promptness
Ask all prospective lawyers how you will be able to contact them and how long it will take them to return your communications. And don't assume that because the lawyer seems friendly and easy to talk to that it's okay to overlook this step.
Unfortunately, the complaint logs of all lawyer regulatory groups indicate that many lawyers are terrible communicators. If every time you have a problem there's a delay of several days before you can talk to your lawyer on the phone or get an appointment, you'll lose precious time, not to mention sleep.
Almost nothing is more aggravating to a client than to leave a legal project in a lawyer's hands and then have weeks or even months go by without anything happening. You want a lawyer who will work hard on your behalf and follow through promptly on all assignments.
Willingness to Work With You
When you have a legal problem, you need legal information. Lawyers, of course, are prime sources of this information, but if you bought all the needed information at their rates -- $150 to $250 an hour -- you'd quickly empty your bank account. Fortunately, many lawyers will work with you to help you acquire a good working knowledge of the legal principles and procedures you need to deal with your problem at least partly on your own.
If you are hoping to represent yourself and use a lawyer only for advice, make sure the lawyer is open to that type of set-up. Likewise, if you're going into business and will draft your own bylaws or business agreements, ask the lawyer if she's open to reviewing your drafts and making comments.
Further Resources
For more tips on choosing and working with a lawyer, see the eBook The Lawsuit Survival Guide: A Client's Companion to Litigation, by Joseph Matthews (Nolo).
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Kentucky Car Accident Lawyer Says Driver Error (Not Weather) Causes Crashes law lemon wisconsin
As a series of accidents in Kentucky in early January showed, inclement weather conditions such as snow and ice can make driving dangerous, said Kentucky car accident lawyer Frank M. Jenkins III.
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However, poor weather conditions do not relieve drivers of the duty to drive responsibly, the attorney said.
“Without commenting on these specific accidents, generally speaking, snow and ice do not cause car crashes. Instead, people cause crashes when they fail to adjust their driving to the conditions,” said Jenkins, whoseLexington personal injury firm represents auto accidentvictims and their families throughout Kentucky in personal injury and wrongful death lawsuits.
“Even when the weather is bad, people owe a duty to others on the road to drive reasonably,” he said. “When they fail to live up to that duty, and it causes another to suffer serious bodily injury as a result, they need to be held legally accountable.”
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According to the Lexington Herald-Leader, snow, wind and ice contributed to several chain reaction crashes throughout Kentucky during the week of January 2, including two pileups on Interstate 75 in Grant County that involved more than 70 motor vehicles.
“We don’t know how these accidents occurred, but we do know that the winter months can be very challenging for drivers in Kentucky. Snow storms can decrease visibility and make road conditions extremely slick,” Jenkins said.
“If the weather is bad, stay off the roads. And if you have to drive, take proper measures,” Jenkins said. “For instance, even if the speed limit says 55 mph, you may need to drive slower so that you can maintain control of your vehicle and keep a proper lookout.”
If a person is harmed by a driver who failed to adjust to weather and road conditions, they should consult with a Kentucky auto accident lawyer as soon as possible in order to learn more about their legal rights and options, Jenkins said.
“It’s possible that the at-fault driver’s insurance company will contact you within days – maybe even hours – after the wreck, and they might try to blame the accident on the weather,” the Lexington attorney said. “The best practice would be to politely decline making any statements until after you’ve discussed your accident with a lawyer.
“An insurance company’s goal will be to pay out as little as possible for any claim. An attorney’s goal, on the other hand, will be to make sure your rights and interests are protected, including the right to receive the full compensation that you deserve.”
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