Taking On the ‘Big Boys’

If you are in a tricky spot at the moment, maybe you’re in trouble or just in need of some serious help, then you are most likely to need the services of an attorney who covers life insurance.The point that you will need to speak to and use one of these professionals is when your life insurance company refuses to pay out on your policy, or that to which you yourself, as an individual, are the beneficiary. If it is your own life insurance policy, then most probably you are going to be buried in, or scattered on, the ground. Therefore, the people who will be dealing with both the organization and the attorney will be a family member – they will communicate with the life insurance coverage attorney and who will in turn deal with the life insurance company and review your life insurance policy.

However bold and conquerous these attorneys appear, there are many people who consider the organizations themselves as to be the sole controllers of the market and can influence many decisions that are made – being both positive and negative for consumers. These huge financial organizations are also well constructed and implemented, with many considering that some of the bigger ones have formed a secret society or ‘pact’ to protect them from lawsuits. Moreover, it is surprising that up until 1944 no insurance company had ever been taken to court, this was both from individuals’ and from the government’s point of view; it is surprising that this is over one hundred years after the first insurance company was established in the market and began trading. Now, there is a culture to recognize that people have the right to sue if there is a case, which is good for the ‘David’s’ among us who are taking on Goliath.

If you or one of the members of your family ever come to be in the situation of having problems with a life insurance company, then you should enlist the services of a qualified professional who should be able to help you. They will be able to fight your corner and know the little tricks that the companies will try to wriggle out of involvement and blame – in essence they will be one step ahead. However, you should remember that just because the companies in the life insurance sector of insurance are selling such policies that they are not there to make money, because they are – they are in business to produce profit and resulting growth from the business transactions that they complete.

Insurance and Bad Faith

One key area where a life insurance attorney specialist can help is through advising and representing their clients through a notion of “insurance and bad faith”. This term is generally used when an insurance company has not acted in the best interests of both parties and thus has completed such steps for its own personal gain, not being concerned with the effects on such consumers. They will stay firm and proclaim that the claim by you (or a family member) is not legitimate, and they may change the terms of any such policies which you hold after the initial agreement from both parties. Also, they may stall for a considerable amount of time before paying out on the policy, giving you time to second guess your decisions and in some cases not paying up.

For more information please go to: Types Of Life Insurance

When you are deciding what to do, remember that every situation is different.There is no one best thing to do. You should always report the sexual harassment to your employer. You then have the option to use your company’s sexual harassment complaint process, file a charge with a state or federal agency, and/or go to court.

It is important to talk with a lawyer or legal services organization like Equal Rights Advocates to discuss your choices (see “Resources”).They can help you to understand your choices, their benefits and risks as well as the strengths and weaknesses of your case.

Say “No” Clearly

Tell the person that his/her behavior offends you. Firmly refuse all invitations.If the harassment doesn’t end promptly, write a letter asking the harasser to stop and keep a copy.

Write Down What Happened

As soon as you experience the sexual harassment, start writing it down.Write down dates, places, times, and possible witnesses to what happened.If possible, ask your co-workers to write down what they saw or heard, especially if the same thing is happening to them.Remember that others may (and probably will) read this written record at some point. It is a good idea to keep the record at home or in some other safe place.Do not keep the record at work.

Report the Harassment

Tell your supervisor, your human resources department or some other department or person within your organization who has the power to stop the harassment. If possible, tell them in writing. Keep a copy of any written complaint you make to your employer.It is very important that you report the harassment because your employer must know or have reason to know about the harassment in order to be legally responsible for a co-worker, client or customer’s actions. Even if your harasser was your supervisor, you may need to show that you reported the harassment to your employer or give a good reason why you didn’t.

Start a Paper Trail

When you report the sexual harassment to your employer, do it in writing.Describe the problem and how you want it fixed.This creates a written record of when you complained and what happened in response to it. Keep copies of everything you send and receive from your employer.

Review your Personnel File

It is your right to see your personnel file.If you work for a private employer, in certain states including California, you have the right to request and receive copies of everything in your file that you have signed.

Use the Grievance Procedure at Work

Many employers and schools have policies for dealing with sexual harassment complaints. You may be able to resolve the problem through this process.To find out your employer’s policies, look in your employee manual/personnel policies and/or speak to a human resources officer. It is important to follow your employer’s procedures.

Involve your Union

If you belong to a union, you may want to file a formal sexual harassment complaint through the union and try to get a shop steward or other union official to help you work through the grievance process. Get a copy of your union’s grievance policy and see if it discusses the problems you are experiencing. If you use your union’s grievance procedure, you must still file a complaint with a government agency if you want to file a lawsuit in federal or state court.

File a Discrimination Complaint with a Government Agency

If you want to file a lawsuit in federal or state court, you must first file a formal sexual harassment complaint with the federal Equal Employment Opportunity Commission (EEOC) and/or your state’s fair employment agency (in California, this is the Department of Fair Employment and Housing).(See “Resources” section for contact information.)If you are a federal employee, follow federal guidelines on how to lodge a sexual harassment complaint. You can obtain these guidelines from the Federal Labor Relations Authority at (202) 482-6600.

Do not miss deadlines for filing with the EEOC or other government agency!Do not delay in filing a complaint with your employer! If you start to feel that your employer’s process for dealing with the sexual harassment may not help you, don’t wait to file a formal complaint.This is very important! You cannot bring a lawsuit against your employer unless you have first filed a formal sexual harassment complaint with the EEOC or your state fair employment agency.

Under federal law in California, you have 300 days from an act of sexual harassment to file a formal complaint.Under federal law in other states, you may have only 180 days to file a formal complaint.It is important to check with the EEOC or a legal organization to find out the time limits.Call Equal Rights Advocates or a lawyer to find out what you need to do and when.

Under California law, you have one year from an act of sexual harassment to file a formal complaint.The deadlines under other states’ laws differ. Call Equal Rights Advocates or a lawyer to find out what to do and when.

File a lawsuit

After you file a formal complaint with the EEOC or your state’s fair employment agency, you can also consider filing a lawsuit.You can sue for money damages, to get your job back, and you can also ask the court to make your employer change its practices to prevent future sexual harassment from occurring.

Federal Law

The federal law prohibiting sexual harassment in the workplace is Title VII of the 1964 Civil Rights Act, as amended.The law makes certain employers responsible for preventing and stopping sexual harassment that occurs on the job.

Title VII applies to private and most public employers, labor organizations, employment agencies, and joint employer-union apprenticeship programs with 15 or more employees.

California State Law

The California Fair Employment and Housing Act (FEHA) prohibits sexual harassment in employment.FEHA applies to private public employers, employment agencies, labor organizations, state licensing boards, and state and local governments that have 1 or more employees.Unlike Title VII, FEHA provides protection against sexual harassment for persons who provide services pursuant to a contract.

Other State Laws

Like California, most states have a law that makes sexual harassment and other forms of sex discrimination ” illegal.Equal Rights Advocates” Advice and Counseling Line can refer you to a local attorney (see Resources section).

Retaliation is Also Against the Law

Not only is sex harassment against the law, but so is retaliating (taking revenge) against someone for complaining about sexual harassment or for participating in an investigation of sexual harassment. Examples of retaliation include: you complain about sexual harassment and are made to take an unpaid leave of absence, although the harasser continues to work; after you write a letter describing sexual harassment that you witnessed, you are reassigned to a less desirable position in the same or different department. If your employer retaliates against you for complaining about sexual harassment or for participating as a witness in an investigation of sexual harassment, you may take any or all of the steps suggested below (see “What You Can Do” section).

It’s important to have a criminal defense lawyer to represent you as soon as possible in the process, ideally at arraignment. A criminal defense attorney can:

- Challenge probable cause for arrest
- Negotiate plea bargains with prosecutors
- Discuss the pros and cons of going to trial
- Discuss the advantages and disadvantages
of pleading guilty instead of going to trial

Getting A Public Defender Appointed

If you can’t afford to hire a lawyer from the private legal community, the court can appoint a government-paid lawyer called a “public defender“- to represent you.

In order to have a public defender, you’ll have to convince the judge that you can’t afford to hire an attorney on your own. The judge may ask you to fill out a form detailing your financial resources, assets, income and debts. You may also need to provide the court with documentation such as paystubs to prove your income level.

Standards for how much money you can make and still qualify for a public defender vary greatly from state to state, and sometimes from one court to another.

In rural areas and in courts with meager resources, there might not be public defenders on staff with the court to represent you. In that case, the court will usually appoint a private attorney at public expense, or assign a private attorney from a volunteer attorney list to represent you.

In some courts, judges allow for what’s called “partial indigency” representation: you have the help of a public defender, but are expected to reimburse the court some of the cost of representation after the trial.

If you give inaccurate information to the court in an effort to get a public defender appointed, you may be charged with the crime of falsifying information.

If the court decides you make too much money to qualify for a public defender, you’ll want to immediately start looking for a private attorney to defend you.

Disadvantages Of A Public Defender

One downside of being represented by a public defender is that these government-paid lawyers often have a huge overload of cases, and cannot devote a lot of time to any one case. As a result, you may have little or no access to your lawyer except during actual court hearings.

Public defenders also often lack office equipment and adequate research access, and can’t afford to hire investigators to properly flesh out your case.

Public defenders are often young and inexperienced, and are “cutting their teeth” on high-volume misdemeanor cases such as DWIs.

A public defender also won’t be able to assist you with related civil law or administrative matters (such as driver’s license revocation hearings in a DWI case). You’ll need to hire a separate attorney to help you with these concerns.

Advantages of A Public Defender

Public defenders work with the same judges and prosecutors day in and day out, and get to know their personal quirks, peeves and tolerances. They also see the same police officers testifying, and know who’s likely to be a bad (and good) witness.

Public defenders usually work in “niched” areas of legal specialty, such as DWI or domestic violence defense. So they tend to be up-to-date on new law and legal theories in their area of specialty.

A public defender is likely to be very efficient at sizing up your case and presenting an acceptable plea bargain deal to the prosecutor and judge. As a result, you may be done with the criminal process and on with the rest of your life sooner than if you were represented by a private attorney.

Second Guessing Your Public Defender

Once you’ve been appointed a public defender, it’s often very difficult, if not impossible, to have your attorney replaced with another public defender.

If you’re having doubts about advice your public defender gives you, make an appointment for a “second opinion” consultation with a private criminal defense attorney. Most lawyers are willing to consult for a small fee, and you’ll have the peace of mind of knowing your public defender is on track.

Typically, Disciplinary Counsel only investigate grievances that are brought to their attention via a complaint. Complaints may concern ethical violations that clients feel the lawyer has committed. Other practicing lawyers can also file complaints. Common consumer complaints include:

* Failure of the lawyer to communicate with the client
* Lawyer neglects to return the client’s documents
* Failure of the lawyer to safeguard client property
* Conflict of interest
* Misrepresentation
* Funds missing/fee disputes
* Non-professional conduct in handling of cases

Filing a Complaint

If a problem occurs with a lawyer, the client must file a complaint to the counsel in the state in which the lawyer is licensed. Generally, the process for filing a complaint involves either filling out a form provided by the Bar Association in the particular state, or writing a detailed letter. The detailed letter should contain the lawyer’s name, address, phone number, the circumstances under which the lawyer was hired and a description of the problem. Some states request additional documentation to be filed with the complaint.

In some states, a complaint may be filed by calling a hotline.
Complaint Review and Resolution

In most cases, a board of lawyers and non-lawyers reviews the complaint. If there might be some ethical violation, the lawyer in question is usually provided with a copy of the complaint and given 10-25 days (depending on the state), to respond to the complaint. In some states, clients are given a chance to comment on their lawyer’s response and to request that an investigation be opened. The case will either be dismissed if no evidence of a violation is found, or it will remain open. If the violation is found to be minor, a phone call or letter to the lawyer can readily resolve the issue. A hearing will be set up if the violation(s) are of a serious nature, based on the review of the board.

Confidentiality

Most information is kept confidential until it’s released to the lawyer in question. Some states don’t allow anonymous cases because documentation is vital to the investigation. Disciplinary counsel needs the signature of the person filing the complaint on the complaint form or letter in case there is a need to testify in court. Some states allow anonymous complaints if the issues affect the general public, or if the board itself is able to bring the issue against the lawyer without further evidence from a client. If the state does allow anonymous complaints, a request for anonymity must be included in a detailed letter, on the form in which the complaint is filed or during the phone call.

# Have you handled matters like mine?

# What are the possible outcomes of my case?

# What are my alternatives in resolving the matter?

# Approximately how long will it take to resolve?

# Do you recommend mediation or arbitration?

# What are your rates and how often will you bill me?

# What is a ballpark figure for the total bill, including fees and expenses?

# How will you keep me informed of progress?

# What kind of approach will you take to resolve the matter – aggressive and unyielding, or will you be more inclined to reach a reasonable settlement?

# Who else in the office will be working on my case?

# Can junior attorneys or paralegals in the office handle some of the substantive legal work at a lower rate?

Legal services aren’t cheap, how much are you willing to spend? What are typical fee arrangements for legal services? How much can you expect to pay? What about expenses and court costs? How can you keep track of fees for legal services? What about free or low-cost legal services? What should you do if you are charged with a crime but can’t afford a lawyer?

When you’re shopping for legal services, always ask potential attorneys to fully explain their fees and billing practices. Don’t hesitate to ask detailed questions and don’t be embarrassed. A lawyer’s willingness to discuss fees is an important indicator of how he or she treats clients.




What are typical fee arrangements? Standard payment arrangements an attorney may suggest include:

Hourly rates, Flat fees, Retainers, Contingent fees

Hourly rates are the most common arrangement. Here, the attorney gets paid an agreed-upon hourly rate for the hours he or she works on a client’s case or matter until it’s resolved.

How much is an hourly rate?

It depends on each attorney’s experience, operating expenses, and the location of his or her practice. Cheaper is not necessarily better when it comes to your legal protection. A more expensive lawyer with a lot of experience may be able to handle a complex problem more quickly. Also, an experienced attorney will be able to better estimate how many lawyer hours a particular matter will take to resolve.

Flat Fees

Where a legal matter is simple and well defined, lawyers typically charge a flat fee. Examples of flat fee matters include wills, uncontested divorces and simple bankruptcy filings. If an attorney suggests or has advertised a flat fee, be sure you understand exactly what that fee will and will not cover. The flat fee might not include expenses such as filing fees.

Retainer Fee

A retainer fee is typically, but not always, an advance payment on the hourly rate for a specific case. The lawyer puts the retainer in a special trust account and deducts from that account the cost of services as they accrue. During the course of legal representation, clients should review periodic billing statements reflecting amounts deducted from the retainer. Most retainers are non-refundable unless labeled “unreasonable” by a court. If you decide to drop a case that your lawyer has worked on before the retainer has been exhausted, you may forfeit the remainder.

Contingent Fees

In certain types of cases, attorneys work on a contingent fee basis. “Contingent” means that the attorney takes no fee from the client, but gets a percentage typically one-third of the settlement or money judgment. Contingent fee arrangements are typical for plaintiff’s counsel in automobile and accident litigation, medical malpractice and other personal injury cases, as well as in debt collection cases.

Courts set limits on the contingency fees a lawyer can receive from personal injury suits. Of course, lawyers and clients are free to negotiate contingency fees less than the standard one-third. Contingent fee arrangements in certain kinds of cases such as divorce, criminal cases, or child custody cases are prohibited.

How much can you expect to pay?

Rates for legal fees vary based on location, experience of the lawyer, and the nature of the matter. Believe it or not, rates may vary anywhere from $50 an hour to a $1,000 an hour or more.

In rural areas and small towns, lawyers tend to charge less, and fees in the range of $100 to $200 an hour for an experienced attorney are probably the norm. In major metropolitan areas, the norm is probably closer to $200 to $400 an hour. Lawyers with expertise in specialized areas may charge much more. Here are some national averages to help you get a general idea.

In addition, you can expect to be charged at an hourly rate for paralegals and other support staff. A good paralegal’s time, for example, may be billed out at $50 to a $100 an hour or perhaps more. It would not be unusual for a legal secretary’s time on things like document production to be billed out at perhaps $25 to $50 an hour.

What about expenses and court costs?

Little things add up. Carefully discuss with your lawyer anticipated miscellaneous costs so that you can estimate those costs up front and avoid any unpleasant surprises. Be prepared to scrutinize court costs, filing fees, secretarial time, and delivery charges.

How can you keep track of legal fees?

Get a fee agreement in writing. If an attorney is unwilling to put a fee agreement in writing, cross that attorney off your list. Some states require written fee agreements for most cases.

Ask your attorney to include in the fee agreement a provision for periodic, itemized billing. An itemized bill should list and describe all charges so that you can review them and compare them to your fee agreement.

You might want to arrange for a ceiling or limit on fees. You might also require your lawyer to get your approval before proceeding beyond a certain amount in legal costs. If you’ve hired an attorney to recover a $10,000 debt, you probably don’t want to pay $8,000 in legal fees to resolve the matter.

What about free or low-cost legal services?

Depending upon your financial situation, you may be entitled to free legal services. If you are “indigent” within the meaning of any applicable state or federal guideline, you may be eligible for representation by a public defender in a federal or state criminal case. Low-income people may also qualify for free representation in landlord-tenant and divorce cases. If you need financial help in obtaining legal representation and think that you might qualify for indigent status, contact pro bono and legal services organizations in your area.

In many cases you don’t have to be indigent to get a lawyer for free or at little cost. Some organizations offer their members prepaid legal plans. Often plans include a low or no-cost consultation, or low-cost services in uncontested divorces or simple wills matters. Check your liability insurance policy. Your policy may include coverage for attorney fees or require your insurance company to provide an attorney to defend you in a lawsuit.

Many unions provide free legal services to their members in union-related matters. If your case or claim is work-related, talk to your union representative.

Certain rights or advocacy groups might want to get involved in your case. For example, if you are challenging an unlawful attack on your civil liberties or right to free speech, an organization such as the American Civil Liberties Union may be interested in helping you.

What should you do if you are charged with a crime but can’t afford a lawyer?

If you are indigent and if you are charged with a serious offense, you may be entitled to have an attorney appointed to represent you for free. The federal government and the states provide for the appointment of public defenders for indigent criminal defendants.

Public defenders are paid by the government and are required to represent clients as vigorously and competently as private attorneys. Public defenders often are specialists with many years of experience in the defense of criminal cases. Don’t underestimate their expertise.

Short of hiring a lawyer, though, you may want to look at alternative sources to resolve your legal issues. For example:

* Many companies and public utilities offer customer service departments that effectively address consumer problems and complaints.

* Many state attorney general offices and other agencies provide consumer protection departments. (But it’s not usually a good idea to try to gain an advantage in a legal dispute over adversarial parties by threatening to contact a government agency if they don’t comply with your demands. It is possible that such action could be characterized as attempted extortion on your part.)

* If you have a problem with a regulated industry such as banking or insurance, contact the agency in your state responsible for overseeing that industry
* Many community groups such as elder associations, civil rights groups and other organizations offer free legal help and information.

Some disputes may be resolved by using increasingly popular litigation alternatives such as mediation or arbitration. Businesses and individuals might agree to use alternative dispute resolution (ADR) rather than court action to resolve legal conflicts.

One of the first things to ask yourself in deciding if you should consult an attorney is: “What’s at stake?” When your finances or liberties are in serious jeopardy, the obvious answer is to get legal help. But what is serious?

An ordinary parking summons is a brush with the law, but you need not consult with an attorney to pay the fine or even to fight it. However, if you’ve accumulated a number of unpaid parking tickets and a warrant has been issued for your arrest, you would probably want to hire a lawyer to help you best resolve the situation, and perhaps save you money or even keep you out of jail.

In good times as well as bad, individuals and businesses rely on their lawyer’s advice to understand and secure legal rights and financial interests. Lawyers help clients with estate planning and business negotiations, strategies and transactions. With good legal advice, clients are better prepared to comply with and navigate through the complex mazes of governmental rules and regulations.

It is also a lot easier to rest easily after consulting with experienced lawyers for important undertakings such as tax and estate planning, drafting wills and trusts, negotiating business deals and even pursuing personal family matters such as adopting children.