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Guide to Finding Massachusetts Medical Malpractice Lawyer

Guide to Finding Massachusetts Medical Malpractice Lawyer

What is a Massachusetts Medical Malpractice Lawyer?
Massachusetts Medical Malpractice lawyers practice in the field of tort law. Tort law comprises litigation involving the injury of one individual due to the harmful acts of another.  Massachusetts Medical Malpractice Lawyers represent clients who have been negligently treated by medical personnel.
For a Medical Malpractice claim in Massachusetts to stand the Massachusetts Medical Malpractice lawyer must prove 4 elements: (1) that the defendant had a duty to the plaintiff; (2) that the defendant breached that duty; (3) the breach of duty was the proximate and actual cause of the injury; (4) the injury resulted in damages.  When dealing with medical malpractice the duty of care standard is a national standard.  The “reasonably prudent physician” will be compared to what the average physician in the United States would do.
A Massachusetts Medical Malpractice Lawyer is best equipped to handle your Medical Malpractice action.  Massachusetts laws concerning medical malpractice is quite different from medical malpractice actions in other states and you will want a Massachusetts Medical Malpractice lawyer who has experience practicing in the State of Massachusetts to represent you.  Some of the distinctions of Massachusetts Medical Malpractice law that differ from other states in the Union include:
1. Massachusetts has a 2 year statute of limitations concerning medical malpractice.  The statute of limitations begins to run at the date of the medical malpractice or on the date that the malpractice was, or should have been, discovered.  An action for Medical Malpractice may be brought no longer than 7 years from the date of injury, no matter when the injury was discovered, unless it the cause of action accrued before the age of 6 years old.  If that is the case the action must be filed by the time the individual turns 9 years old.
2. Massachusetts recognizes vicarious liability on the part of hospitals where the physician accused of medical malpractice acts as an agent of the hospital.  It is yet inconclusive whether apparent authority is recognized as a form of agency between a physician and a hospital.  
3. Non-economic damages are capped at $500,000 for medical malpractice unless “a substantial or permanent loss or impairment of a bodily function or substantial disfigurement, or other special circumstances in the case which warrant a finding that imposition of such a limitation would deprive the plaintiff of just compensation for the injuries sustained.” In that case there will be no limit to non-economic damages.
4. Massachusetts does not follow traditional collateral source rules.  Massachusetts has created its own statutory law that makes it the judges decision whether to include an individuals insurance when reducing damages.  This is done after the verdict and most sources of insurance will not diminish the damage award unless they are federal laws allowing for a right of subrogation.
5. In the State of Massachusetts attorneys fees for Medical Malpractice is capped at 40 percent of the first $150,000 recovered, 33 1/3 percent of the next $150,000 recovered, 30 percent of the next $200,000 recovered, and 25 percent of any amount by which the recovery exceeds $500,000. 
Finding a Massachusetts Medical Malpractice lawyer
If you are searching for a Massachusetts Medical Malpractice lawyer you have many options open to you.  Massachusetts Medical Malpractice lawyers often maintain websites listing their academic credentials, litigation experience, certification and a wealth of other information.  Massachusetts Medical Malpractice lawyers also advertise on television in your local community, in newspapers and in magazines.  By doing a cursory internet search you can find dozens of qualified Massachusetts Medical Malpractice lawyers and narrow down which one’s suit your needs the best.
If a search for a Massachusetts Medical Malpractice lawyer seems too overwhelming then you can take advantage of a referral service.  The Massachusetts State Bar Association provides a free referral service hotline for those people seeking legal advise but don’t know where to look of how to decide upon representation.  By calling the hotline at 866-627-7577 or by going to www.massbar.org you can get in touch with a representative who can help you find a Massachusetts Medical Malpractice lawyer.  The Massachusetts Bar Association referral service will ask you to include your contact information and a brief description of your medical malpractice issue.  The referral service will then give you the contact information of a Massachusetts Medical Malpractice  lawyer who can help you.  The consultation with the referral appointed Massachusetts Medical Malpractice lawyer will cost $25 for a half hour.  If you have financial hardships you may qualify for a reduced fee through the referral service.   The referral service will give you up to 3 referrals per case.  Once you have met with your referred Massachusetts Medical Malpractice Lawyer it is up to you to discuss with that Massachusetts Medical Malpractice lawyer any future representation and fees.  You are under no obligation to hire any Massachusetts Medical Malpractice lawyer referred by the service and the Massachusetts Medical Malpractice lawyer is not required to represent you.
You can also take advantage of the laws.com referral service at the top of this page.  By clicking on the “find a lawyer” link above you will be directed to the laws.com referral service.  There you will be prompted to input your name, contact information, location, and a brief description of why you will need a Massachusetts Medical Malpractice lawyer.  A representative from laws.com will then contact you with information that may be beneficial to you in your legal action.

Guide to Finding Virginia Immigration Lawyer

Guide to Finding Virginia Immigration Lawyer

The immigration process is daunting and carries tremendous risks for those that approach the process inadequately.  There are a number of forms to file as well as hearings to attend and other procedural matters.  Often this sort of immigration work but be completed within time constraints due to impending visa expiration and other deadlines that would have the immigrant  deported or subject to administrative penalties.  You will need a Virginia immigration lawyer to assist you with your case and review the necessary paperwork and petitions to work on your immigration case.  Virginia immigration lawyers can help asylum seekers, green card holders and those that seek naturalization.
How does a Virginia immigration lawyer help my case?
The Virginia immigration lawyer will give you an objective assessment of your case and if you may have violated American immigration law.  You will be able to work with this lawyer on the necessary documents or procedures as well as be aware of impending deadlines to avoid action by immigration authorities.  Those facing the immigration process on their own can expect delays from improperly filed documents or a lack of knowledge on specific aspects of the process.  A qualified Virginia immigration lawyer will not only assist you in the process, but will give a sense of security that your process will be handled by an expert.
What is a green card?
A “green card” is a certification issued by the US Citizenship and Immigration Services that signifies that an individual is legally allowed to be a permanent resident of the United States.  This proof of permanent residency must be carried by the resident, 18 years and older, at all times and failure to present a green card can result in federal penalties including a fine of $100 and 30 days in jail.  Green card holders may not vote, hold elected office or have jobs in the federal government.  Preferment resident must pay taxes and register with the Selective Service System.  A Virginia immigration lawyer can help you file for a green card.  Failure to hold a green card or valid visa will subject you to deportation.
What are the basic requirements for naturalization?
You must:
— Be age 18 or older
— Be a permanent resident for five years (although less for some individuals, such as asylum seekers)
o Or be married to a US citizen for three years
— Have maintained a continuous residence in the United States
— Be able to read, speak and write English
There are exemptions for permanent residents over age 50 or with a disability that hampers their ability to meet the aforementioned requirements.  Individuals that may qualify for these exemptions should consult the US Citizenship and Immigration Services website (uscis.gov) for details about these exemptions.
The naturalization process may begin for permanent residents after five years although those married to US citizens may begin the process after three years of marriage.  Additionally, members of the US military may apply for naturalization after one year of service while active or within six months of discharge.
Once you have confirmed that you meet the requirement for age and residency, you must file a Form N-400 Application for Naturalization.  The questions will ask you about your family, moral character and organizational affiliations as well as reaffirm your eligibility for citizenship. 
Finding a Virginia immigration lawyer
All active and practicing Virginia lawyers must be members of the Virginia Bar.  This ensures the Virginia immigration lawyer you work with will be regulated and adhere to the standards of ethics and professionalism.  You will be able to find a Virginia immigration lawyer through the Virginia Lawyer Referral Service.  You will be charged no more than $35 for an initial half hour consultation with the Virginia family lawyer.  This service operates from 9 – 5 on weekdays and there is no obligation for either the client or Virginia immigration lawyer to meet beyond the initial consultation, making this a low cost alternative to researching individual lawyers.
You will be able to receive information from the VRLS as the referral specialist will help you determine if you truly need a Virginia immigration lawyer.  Often your legal matter is simple and can be solved by working with non-profit legal clinics or with the government.  If this is the case, the VRLS will inform you of a possible non-lawyer solution.  You will also be linked to low cost and pro bono services if you demonstrate such need.
You may use this website to find an attorney using the Find Attorney function at the top of the page.
What must I do to have legal representation in matters dealing with my immigration status?
You may be represented by an attorney, at no cost to the US government.  This representative must submit Form G-28, Notice of Entry or Appearance as Attorney or Representative either with the Form N-400 or at the time of the applicant’s interview.
What will I pay for the services of a Virginia immigration lawyer?
You will typically pay flat fees for non-hearing and court procedures.  This includes document and petition preparation as well as case evaluations.  Hourly fees may also apply, depending on the lawyer and the nature of the services rendered.  
You may have to keep the Virginia immigration lawyer on retainer if you will need the services of the lawyer on multiple occasions.  This is common in green card procedures that require multiple hearings and several documents to be filed as well as employee discrimination and other federal cases.  Retainer accounts are a trust account that the client fills and the lawyer bills for services.  The account is refilled at the discretion of the Virginia immigration lawyer.
There are free services as well as legal clinics available for immigration needs.  Pro bono services are limited and are served for individuals that demonstrate sufficient need.  Immigration legal clinics will dispense advice, prepare documents, but will generally not furnish you with legal representation.
Evaluating experience and professionalism
Many states with non-mandatory bar associations and codes of standard professional conduct will be plagued by exploitive and careless immigration lawyers.  As their clients are either lower income or in tenuous legal positions, they do not extend a normal standard of care that is expected by a lawyer to his or her client.  While this represents a tiny minority of lawyers, the risk of such issues should be noted.  If you ever face a situation where an immigration lawyer will charge excessive fees or coerce you into paying more for services, you must contact the Virginia State Bar.  This organization will have mechanisms to ensure that lawyers that engage in wrongdoing are properly sanctioned and held to a professional code of conduct.  Reporting an unscrupulous lawyer will prevent the victimization of other clients in the future.
What are questions to ask Virginia immigration lawyers?
Have I violated any immigration laws?
What are your fees and do you have alternate payment plans?
Can I please have all fees in writing?
Given my circumstances, can you estimate how long before I can file to become a US citizen?
Can we work out an alternate arrangement that suits my economic needs?
Will you be able to provide me with legal representation if I need it?
Those dealing with immigration matters, especially when federal authorities are involved will wanted the services of immigration lawyers in Virginia.  An immigration lawyer in Virginia will ensure that the process to file for a green card or naturalization is followed correctly and will avoid potential penalties against the client.  This means that the immigration lawyer in Virginia must be aware of all relevant deadlines and the proper procedure to fill out the forms.  Immigration lawyers in Virginia tend to deal with a number of immigration-related issues such as labor exploitation and coercion.  These specialized immigration lawyers in Virginia will be able to work with federal authorities and the courts to get you the justice you deserve.  Lastly, immigration lawyers in Virginia will be able to prepare documents for potential immigrants.  There are different forms and procedures that must be followed depending on the type of immigration.  A consultation with an immigration lawyer in Virginia will help you discover useful loopholes and laws that will expedite your immigration matter, such as speeding up naturalization for the spouses of US citizenships.

Guide to Finding New York Auto Accident Lawyer

Guide to Finding New York Auto Accident Lawyer

Contrary to what the other party in an auto accident may claim, you will typically want to involve a New York auto accident lawyer when seeking damages for an auto accident.  Auto accident cases are frequently settled out of court and a New York auto accident lawyer may mean the difference between a poor settlement agreement and an agreement that genuinely fulfills your needs.  You will also need a New York auto accident lawyer to defend against auto accident claims when the fault of the parties has not been established.  The New York auto accident lawyer will be able to analyze evidence and pick apart the suspect claims of the other party.
What to tell your attorney
You should never, under any circumstances flee the scene of an accident.  It is not only illegal but a possible admission of guilt.  Additionally, even if you may be at fault, never admit liability.  You will never know the full details of an accident at the time and you may actually not be at fault.  Admitting fault will make you liable for damages from the other party and there is very little the New York auto accident lawyer can do beyond this point to limit damages.
You must note any injuries and medical care you had to seek as well as any statements you have made to the police.  This will help the New York auto accident lawyer to shape the case and prepare an acceptable claim to be filed in court.
Where to look for an attorney
Members of the voluntary New York State Bar Association are subject to high professional and ethical standards.  This Bar Association maintains a low cost lawyer referral service that will even waive the typical referral fee of $35 for auto accident cases.  Membership in the state bar association is generally a strong indicator that the New York auto accident lawyer has been vetted and may practice law in New York.  Depending on your location, you will have to contact the bar association that works within that country for a referral, as the statewide referral service only covers certain counties.  For instance, the New York City area will have its own lawyer referral services.  You can locate a lawyer based on the county they are located in through these local services. 
You may use this website to find an attorney.  To do so, use the search box on top of all pages.  You may also compare attorneys and ask free questions by clicking Find Attorneys on top of the page.
Does comparative negligence affect my case?
New York is a state with comparative negligence laws that reduce awards by a factor of how negligent the plaintiff was in the actions that caused the injury.  For auto accident cases, this may mean that damages can be limited if the driver who was not liable for the accident, still neglected to signal or committed another minor traffic violation that enabled the far more negligent driver to cause the accident.  The claimant’s negligence however, will not bar the actual recovery of damages altogether.  New York does not cap the amount of damages that will be recoverable from personal injury cases. 
Preparing for an appointment
You must bring police, medical and insurance documents related to the accident to the appointment.  This is so the New York accident attorney will be able to determine the claims to be made.  Be sure to ask questions if you do not understand something the lawyer has said especially on the procedural matters of the case.  It is the duty of the lawyer to make the case as uncomplicated as possible, but it is also the duty of the client to understand the process.
Personality & Values
A lawyer’s integrity is the key to determining how your case will proceed.  Although the lawyer has a clear interest in winning your case, not all lawyers approach clients and their litigation in the same way.  Large firms may be successful and have hundreds of clients but may not be able to provide the level of personal interaction and attention that will make you feel at ease about your claim.  In this case, you may want to consider retaining a smaller firm that will give you peace of mind.
Also, determine if you and your lawyer will primarily pursue a settlement or if you are both willing to go to trial if necessary.  Many New York auto accident lawyers will have different philosophies on going to trial and this will be reflected in their approach to the case.
Communication is also key to maintaining a solid client-retainer relationship.  Many accident lawyers will give you a direct number to reach them at if you have any questions or concerns about your case.  If an attorney makes it difficult to talk or meet with him, you may want to reconsider your decision as a lack of communication may jeopardize your settlement.
Rates, Fees & Retainers
There are various fees that are accrued when consulting and retaining a lawyer.  It is important to be aware of these fees.  Hourly rates are rare in accident litigation, but still possible.  You should be able to get all fees in writing from a reputable attorney.  Be aware of unreasonable fees, illegal activity or coercion on the part of the New York auto accident attorney.  State and local Bar Associations will maintain dispute resolution and grievance services for clients that have issues with their New York auto accident attorney.
A contingency fee is a percentage of the award that the accident lawyer is entitled to claim if they win the case.  Nearly all accident lawyers accept cases on this basis and the fee can range from 33-40% of the award.  This fee is sometimes (but not always) lower when the case is settled out of court, as it saves the lawyer’s time.  These fees are generally non-negotiable unless regulated by law or accompanying a case with the possibility of a substantial award.
A retainer fee is a non-refundable advance payment by the client that covers the cost of services provided by the lawyer.  This payment is held in a trust account and is billed accordingly.  The lawyer can request that the retainer be refilled at any time, meaning that this arrangement can become expensive quickly.
Free services may be available to low-income families as well as no-cost consultations.  Some insurance plans will cover the cost of attorneys in accident liability cases.  Some auto accident lawyers will work pro bono and cover no fees from the case, but this arrangement is very rare, unless there is evidence that the party will need every bit of the potential settlement.
Interviewing your attorney
The following questions are important when interviewing your attorney:
In your opinion, am I liable in this case?
What is the possibility that we can settle out of court? 
Do you accept a lower contingency fee for out of court settlements?
What fees do I pay for retaining services? 
Can I have that in writing?
Can I contact you directly if there is a problem?
Can you allow me to examine your credentials?
What is your experience with auto accident law, specifically my circumstances?
If you cannot handle my case, can you refer me to a lawyer that can?

Guide to Finding Detroit Lawyer

Guide to Finding Detroit Lawyer

Looking for a lawyer in the Detroit metropolitan area is not difficult when you have the proper resources and an idea of the type of legal support you will need.  You may need services as simple as document preparation, or you may need a Detroit lawyer to litigate on your behalf.  An initial consultation with a Detroit lawyer will clear up any confusion you might have about the legal services you need.  This guide will help you understand the process of finding a Detroit lawyer, securing an initial consultation and determining your legal needs.
How does the State Bar of Michigan affect my choices of Detroit lawyers?
All Detroit lawyers will be members of the State Bar of Michigan.  The SBM is an integrated bar association so membership is mandatory.  Licensing, discipline and administration for Detroit lawyers run through the SBM and the organization is supervised by the Michigan Supreme Court.  This arrangement ensures that the Detroit lawyer you work with will be authorized to practice law and will be in good standing with the organization.  Good standing in the SBM is conditional on the Detroit lawyer paying dues and the failure to do so will bar that lawyer from practicing law in the state.  As such, you will want to check with the SBM and ensure that your Detroit lawyer is in good standing.  Lawyers are decertified to practice law in Michigan is they miss dues three consecutive years.
State Bar membership is important to Detroit lawyers not only for certifying their credentials, but also for professional networking and law practice support.  This includes counseling for personal issues, dispute resolution, and standard codes of Professional and Judicial Conduct to ensure that all lawyers follow the same standard.  All of these services and roles contribute to improving the quality of legal services and the legal profession in Michigan.  This of course benefits any clients of Detroit lawyers with avenues of recourse in case of misconduct and fraud and well as a higher standard of practice.
In addition to the State Bar of Michigan, there is also the voluntary Detroit Metropolitan Bar Association.  This provides a more localized option to vet Detroit lawyers, learn more about the practice of law in Detroit and use the specialized lawyer referral service for Southeastern Michigan.
How do I find a Detroit lawyer?
The SBM operates a lawyer referral service and consultations are determined by priority.  Not all Detroit lawyers are part of this service as there is a $75 registration fee and not every lawyer will accept referrals.  Detroit lawyers participating in this service will be vetted by the Bar, have liability insurance and remain in good standing while a member of the referral service.  Lawyers will only be able to refuse a limited number of referrals before losing priority on clients from the service.  All paying clients are entitled to legal representation through this service regardless of their circumstances.
Neither the SBM LRS nor the DMBA LRS can provide you with free or low cost legal help and you will need to contact a legal aid society to set up such an arrangement.
How do I know my Michigan attorney is legitimate?
The Michigan State Bar issues certificates of good standing to members, which will serve as definitive proof that the lawyer may practice law in the state.  In the state of Michigan, the unauthorized practice of law is a serious matter that inevitably leads to harmful legal malpractice.  Since the authorized practice of law is contingent on paying dues to the SBM, those that do not make their dues obligations will be places non-payment lists, which are distributed to the courts and other legal professional services.  This will prevent an ineligible Detroit lawyer from representing you in court.  In making dues mandatory, the SBM is able to continue advocating for the needs of clients while enforcing a stringent ethical code for the practice of law.
If you cannot verify that your Michigan attorney is in good standing, you will need to find another lawyer to deal with your legal matter.
What are the typical rates of a Detroit lawyer?
Excessive fees are limited by Michigan law and administer the “reasonable lawyer test,” which is applied on a case-by-case basis.  Additionally, lawyers are required by state law to refund all unused payment for services upon the termination of services, such as the balance of a retainer account.  While this is expected in most lawyer relationships, this mandate clarifies any ambiguities that may have resulted, at the detriment of the client.
Litigation legal matters will typically involve a contingency arrangement.  The Michigan lawyer will be paid a set percentage of the jury award, within the reasonable lawyer test and authorized by the court.  The percentage may vary based on the nature of the case,   if the case is settled out of court and if the jury award exceeds a certain threshold.  The contingency arrangement will usually limit the costs to the client to court fees making this area of the law open to the average individual seeking compensatory damages.  All other legal matters will either require a public defender or a referral to a pro bono service for legal aid.  
Michigan law limits contingency fees for personal injury cases to no more than 1/3 of the award, with considerations for substantial settlements.  Be aware that even with contingency arrangements, the client may still be expected to pay for court fees and other associated costs.  
Flat fee services are likely available for simple legal matters and you will know the cost upfront.  Determine if you will need to pay for the use of the lawyer’s time in hourly fees.  Prices quoted for litigation cases are almost always estimates, which is problematic for lengthy or problematic cases. 
What are questions to ask Detroit lawyers?
How does my case relate to Michigan state and Detroit metropolitan laws?
Are you a member, in good standing, of the Michigan State Bar Association?
Can we settle on a written fee arrangement before starting any legal services?
What are my chances of winning a settlement and should we go to trial for this matter?

Guide to Finding Maine Lawyer

Guide to Finding Maine Lawyer

The practice of law in Maine is carefully regulated with the interests of the clients in mind.  Therefore, when you need a Maine lawyer, you will be assured that you are receiving the services of a certified legal professional that will be knowledgeable about your legal issue.  When facing any legal issue at all in Maine, there are a number of resources to find a Maine lawyer.  This guide will be helpful at understanding how Maine lawyers are vetted and how you can find a reliable Maine lawyer.
How does bar association membership affect a Maine lawyer?
Unlike many other states, membership in the Maine Bar Association is not mandatory and attorney discipline and admission to the bar are handled by separate organizations.  Still, bar association membership is indicative of a quality lawyer.  For instance, the Maine Bar facilitates Continuing Legal Education courses and publishes the Maine Bar Journal.  These resources keep members informed on changes to the legal profession that affect them.  Membership also opens up a host of professional networking opportunities for Maine lawyers, which may be helpful at formulating cases or cooperating in a settlement in the interests of the client.  The Maine Bar is responsible for a number of legal help and pro bono initiatives through the Maine Bar Foundation.  Should you require pro bono legal aid it is best to enquire about such services there rather than attempting to set up such an arrangement on your own.
What are the regulatory organizations Maine lawyers?
Since the Maine Bar is not tasked with admitting Maine lawyers to the bar or disciplining them for misconduct, the Board of Bar Examiners and the Board of Overseers of the Bar are responsible for these tasks, respectively.  Both organizations are branches of the Maine judiciary.  The Board of Overseers will intake complaints about a Maine lawyer and take remedial action if necessary after providing a hearing.  The results and subsequent decision of these hearings are available for public viewing on the BoO website.  For the purposes of regulation, all Maine lawyers must maintain a registration record with the Board.
Why do I need a Maine lawyer?
Even the most basic services, such as document preparation, if done incorrectly, will have a major impact on your legal rights and ability to pursue a legal matter.  With any Maine lawyer, you have the protection of the state government against fraud and poor practice of law.  If you are the victim of the unauthorized practice of law, very little can be done and will you have almost no recourse, since that individual was not registered with the Board of Overseers.  Mechanisms are in place to prevent an unauthorized lawyer from representing you in court, but other legal services, such as document preparation are subject to inherent risks associated with the unauthorized practice of law.
How can I verify my Maine lawyer is legitimate?
Contact the Maine Board of Overseers of the Bar for inquires related to Maine lawyers, their disciplinary record and their right to practice law in the state.  Disciplinary records are disclosed through direct inquiry.  There is a directory of those admitted to the practice of law in Maine available, but inclusion in this searchable online directory does not mean that the Maine lawyer is in good standing.
How do I find a Maine lawyer?
Aside from using this website’s Find Attorney’s function, located at the top of every page, you may use the State Bar of Maine Lawyer Referral and Information Service.  The LRIS can furnish you with a referral to a lawyer in a number of legal specialties and the service is approved by the American Bar Association, meaning that the service is reliable and the criteria of member lawyers is high.  The service will make the best possible effort to accommodate the needs of clients and will match them as narrowly as possible to a lawyer that meets their needs.  Since this is also an information service, you will be able to receive limited legal advice on matters that do not require a Maine lawyer.  There is a $25 fee to use this service, but you will not be charged for the initial half hour consultation with the Maine lawyer.  During the consultation, you will come to a proper fee arrangement.
What are the typical rates of a Maine lawyer?
The fee arrangement you will make with the Maine lawyer depends on the legal matter.  long term legal representation, spread across several sessions will probably involve a retainer arrangement.  Short term legal advice will be best served by an hourly billing arrangement.  Certain arrangements, such as document preparation and revision will be subject to a flat fee.  Get all fees in writing before commencing legal services.
A contingency fee is a percentage of the award tin litigation that the Maine lawyer will claim for legal services if they win the case.  This represents little initial cost to the client.  The amount collected by the Maine lawyer will be subject to scrutiny by the court, especially in cases with a high payout.  This fee is sometimes (but not always) lower when the case is settled out of court, as it saves the lawyer’s time.  
The retainer account is a billable trust account between the client and lawyer and the account may be refilled if the Maine lawyer deems it necessary.
Fixed court costs, such as fees for filing a case are not included in these fee arrangements.  The court costs vary by the type of court and the type of legal matter.  For instance, there are specific federal fees to file for bankruptcy, which are paid to the federal court.
What are questions to ask Maine lawyers?
How much do I pay for the initial consultation?
Who do I contact with questions about my legal matter?
Is there a fee for incoming phone calls?
How does my case relate to state and local laws?
Do you provide a written fee arrangement?
Have you been recently disciplined for misconduct?
Are you a member of the State Bar of Maine?

Guide to Finding Pennsylvania Bankruptcy Lawyer

Guide to Finding Pennsylvania Bankruptcy Lawyer

 

A Pennsylvania bankruptcy lawyer is an important part of filing a bankruptcy case in that you will often need legal counsel to help you understand state and federal laws and make the best decisions about your personal property and filing conditions.  The Pennsylvania bankruptcy lawyer will help guide you through the bankruptcy process, which will involve filings, credit counseling and settling with creditors.  Together with the Pennsylvania bankruptcy lawyer, you will formulate a plan to emerge from bankruptcy with a clean slate.

 

How do I discharge my debt?

 

The only way to discharge unsecured debts is to declare Chapter 7 bankruptcy.  In Chapter 7 bankruptcy, a trustee is appointed to liquidate unsecured, non-exempt assets in order to repay creditors.  Repayment is at the discretion of the trustee and the debtor has little say in the matter.  The credit impact of bankruptcy will last for ten years.  Most debts owed are discharged, except for child support, student loans, property and income taxes less than 3 years old, as well as financial penalties associated with law-breaking.  Debts that can be discharged include medical bills, loans and credit card debt.

 

To get rid of secured debt, the only method would be to give up the collateral the debt is secured against.  Secured debt usually means all property that can be foreclosed on or repossessed.  Secured debts are not liquidated during bankruptcy and can be kept or surrendered, based on arrangements the owner makes with the debt holder.  A Pennsylvania bankruptcy lawyer can help you determine what to do with secured debt and which of the other debts are unsecured.

 

What is an estate?

 

A person’s estate is the sum of all property owned by an individual.  An individual’s estate is only imperiled in bankruptcy when the total assets exceed the amount owed, in which case the trustee will sell nonexempt assets to settle debts.  Assets not included in the estate include property that is leased, rented or otherwise owned by another party that the individual makes payments to fro the right to use.  The debtor may choose to allow this property to be repossessed by the owner at his or her choosing if the monthly payments constitute a financial burden.

 

What is Chapter 13 bankruptcy?

 

Chapter 13 is an alternative to Chapter 7 liquidation and if you file for this Chapter, with the aid of a Pennsylvania bankruptcy lawyer, you will be able to keep your assets as well as your current debt obligations.  The benefit here is a court order automatic stay against creditors.  This will prevent them from taking further collection actions.  With this automatic stay in place, the debtor will formulate a court approve repayment plan to eventually have the debts paid in 3 – 5 years.  The debtor must have a steady stream of income to qualify for Chapter 13 protection.  The Pennsylvania bankruptcy lawyer will help you determine if you have sufficient need for this protection and if an automatic stay will be beneficial to your situation rather than more drastic measures.

 

What to prepare before meeting with the Pennsylvania bankruptcy lawyer?

 

You must collect all bills as well as well as a listing of your assets and be prepared to show them to the attorney.  You will need tax returns for the previous two years, and any other relevant personal finance documents.  The Pennsylvania bankruptcy lawyer needs all of this information to determine your situation and the appropriate bankruptcy option.  The Pennsylvania bankruptcy lawyer will also need to determine which of your property is exempt from seizure.  Individuals may choose either the state exemptions or the federal exemptions and the Pennsylvania bankruptcy lawyer will help you make this difficult decision which will preserve the important assets.

 

Be accurate in determining your current assets and do not try to conceal or overstate your assets.  Truthfulness is important to the process and deceit will have the bankruptcy court close the case and even arrest you for bankruptcy fraud.  Credit counseling is mandatory for all persons seeking bankruptcy protection and this will happen after you choose to file for bankruptcy.  This will determine if you need protection to pay off your debts.

 

What property is exempt from liquidation?

 

Pennsylvania state law exempts some of the following property from bankruptcy rulings:

 

– Homes are exempt from debts owed by only one spouse

 

– Most insurance and entitlement benefits, including life insurance, accident and fraternal benefits are exempt from bankruptcy judgment

 

– Properties of a business partnership are exempt

 

– Most public municipal employees including teacher and police pensions are exempt from bankruptcy judgment

 

– Public benefits, including veteran’s benefits and worker’s compensation are exempt

 

– Unpaid wages

 

– Clothing, bibles and uniforms

 

– $300 worth of any property (wildcard)

 

A Pennsylvania bankruptcy lawyer can assist you in determining which property is exempt under Pennsylvania law as well as potential loopholes that can spare some of your assets from seizure to pay credits.  

 

What are the advantages to bankruptcy?

 

Bankruptcy provides an automatic stay against creditors, which prevents them from taking action against the debtor, such as collection harassment, repossessing property and filing lawsuits.  Automatic stay also ends garnishment of one’s wages to repay debts, which is allowed under Pennsylvania law.  Bankruptcy allows the individual to overcome burdensome debt and improve their financial practices to avoid future trouble with finances. 

 

Where do I file for bankruptcy?

 

You will file for bankruptcy in one of three federal court districts, Pennsylvania Eastern, Western of Middle court.  Each district will have a few locations and will serve certain counties.  The Pennsylvania bankruptcy lawyer will help you determine the appropriate court to file for bankruptcy.

 

Where to look for an attorney

 

The Pennsylvania Bar Association is a voluntary organization of Pennsylvania bankruptcy lawyers and others that abide by a code of professionalism and ethics.  There are practice sections for Pennsylvania bankruptcy lawyer to remain up to date with developments in the state and local laws and this will ensure that a qualified and knowledgeable legal professional will represent you.

 

The Pennsylvania Bar offers a low-cost lawyer referral service that can connect clients to a potential Pennsylvania bankruptcy lawyer that will able to take their case.  This service charges $30 for a 30 minute consultation, $15 of which is returned to the lawyer referral service.  Use this service to find a Pennsylvania bankruptcy lawyer who is a member of the association and can adequately represent your needs.  Feel free to consult with other lawyers.  There is no obligation to use the lawyer you are referred to.

 

You may use this website to find an attorney.  To do so, use the search box on top of all pages.  You may also compare attorneys and ask free questions by clicking Find Attorneys on top of the page.

 

Rates, Fees & Retainers

 

The fees to file for bankruptcy in Pennsylvania were increased on November 1, 2011 and are currently at $281 for Chapter 13 and $306 for Chapter 7.  This is in addition to lawyer fees.  There are also miscellaneous fees for record retrieval, audio recording and other court services.  Fees can be waived or paid in installments at the discretion of the court.

 

Hourly rates may be accrued from using the lawyer or support staff such as paralegals.  This is a simple arrangement and you should have a general idea of the amount that will be billed.  This may not include flat legal service fees such as document preparation and filing.  It is especially important to be aware of those fees.

 

A retainer fee is a non-refundable advance payment by the client that covers the cost of services provided by the lawyer.  This payment is put into an account and billed whenever the lawyer performs services.  This account may need to be refilled as the case continues.  Although bankruptcy cases are not typically lengthy, retainer agreements can still be expensive, depending on the frequency by which the lawyer’s services are used.

 

You may choose to file for bankruptcy “pro se,” or without the assistance of a Pennsylvania bankruptcy lawyer.  This is not advisable as you will risk losing non-exempt property or may make critical errors that will affect the outcome of your case.  Free services may be available to low-income families as well as no-cost consultations.  Payment plans can be arranged between clients and lawyers in case there is significant financial hardship for the client.

 

Interviewing your attorney

 

The following questions are important when interviewing your attorney:

 

What fees do I pay for retaining services?  

 

Can I have that in writing?

 

What are my options?  

 

Can I file for Chapter 13 bankruptcy and preserve my assets?

 

Can I contact you directly if there is a problem?

 

Can you allow me to examine your credentials?

 

What is your experience with bankruptcies, specifically my circumstances?

 

If you cannot handle my case, can you refer me to a lawyer that can?

Guide to Finding Pennsylvania DUI Lawyer

Guide to Finding Pennsylvania DUI Lawyer

Drunken driving laws across the country have been tightened significantly in recent years, reflecting the rise of DUI related fatalities and accidents.  The BAC legal limit, previously .1% was lowered to .08% and other harsh penalties came into effect.  
Most importantly is the Pennsylvania implied consent law, which means that the driver has given the state permission to request a blood, chemical, or urine test if you are suspected of a DUI offense.  Refusing the test will led to an automatic 3 days in jail and automatic year-long license suspension.  You will need a Pennsylvania DUI lawyer when facing these charges who will be able to help dismiss the penalties taken against you, or even have the case thrown out, in rare occurrence.  State law however, prevents charges from being downgraded to lesser criminal offenses.
What is the usual penalty for drunk driving in Pennsylvania?
The penalties for drunken driving in Pennsylvania depend on the number of offenses and the BAC level.  There are three thresholds for DUI penalties, each category topping out at .099 for the lowest level, .159 for the second level, with a minimum BAC level of .16 for the most severe penalties.  The punishments for the first offense are as follows:
— Blood Alcohol Concentration .08-.099
o 6 months of probation
o Fine – $300
— Blood Alcohol Concentration .10-.159
o Jail – 2 Days up to 6 Months
o Fine – $500-$5000
o License Suspension – 12 Months
— Blood Alcohol Concentration .16
o Jail – 3 Days up to 6 Months
o Fine – $1,000-$5,000
o License suspension for 12 months although a limited occupational license is obtainable after 60 days
o Possible Ignition Interlock Device
o Alcohol highway safety classes required
The second offense increases these penalties significantly, for example, the fine for the lowest level violation tops out at as much as $2,500 and there will a yearlong license suspension.  There would have been no license suspension at the lower level for the first offense.  At a third offense, at the highest level, the minimum fine for exceeding .16 BAC is $2,500.  Clearly, you will need a Pennsylvania DUI lawyer to help you with your case long before you reach this stage.
What should I do before meeting a Pennsylvania DUI lawyer?
When meeting with a Pennsylvania DUI lawyer, bring all information that can help or potentially hurt your case, including the ticket, results of breathalyzer tests and your account of the police stop and subsequent actions.  It is especially important to note the conduct of the officers during the DWI stop as this could have a bearing on your case.  You must not enter a plea before seeking an attorney as a Pennsylvania DUI lawyer will not be able to affect your sentencing beyond this point.
What are applicable alternative punishments in Pennsylvania?
– You may be eligible for help through the Accelerated Rehabilitative Disposition or ARD that will dismiss drunken driving charges for those that qualify for and pass this program
– A driver may voluntarily agree to an ignition interlock device, which will be a substitute for the other punishments.  This device is mandatory for some convictions.
– If the driver does not qualify for ARD, they may enter rehabilitation that will offset penalties for a DUI offense.
How can a Pennsylvania DUI lawyer help my case?
You will need a Pennsylvania DUI lawyer to help you lessen the penalties associated with drunk driving.  This will mean working out alternative punishment arrangement with the court in first and second drunk driving instances.  This will entail plea agreement where you admit your guilt and accept a predefined set of punishments that were set as a condition to the guilty plea.  Many penalties become mandatory on the third conviction and the Pennsylvania DUI lawyer will not be able to make much of a difference.
Where to look for an attorney
The Pennsylvania Bar Association is a voluntary organization of Pennsylvania DUI lawyers and others that abide by a code of professionalism and ethics.  There are practice sections for Pennsylvania DUI lawyers to remain up to date with developments in the state and local laws and this will ensure that a qualified and knowledgeable legal professional will represent you.
The Pennsylvania Bar offers a low-cost lawyer referral service that can connect clients to a potential Pennsylvania DUI lawyer that will able to take their case.  This service charges $30 for a 30 minute consultation, $15 of which is returned to the lawyer referral service.  Use this service to find a Pennsylvania DUI lawyer who is a member of the association and can adequately represent your needs.  Feel free to consult with other lawyers.  There is no obligation to use the lawyer you are referred to.
Evaluating Pennsylvania DUI lawyers
Fighting a DUI case is difficult so you must determine what strategy the Pennsylvania DUI lawyer has for your legal defense.  Some will try to achieve the best possible plea deal and others will try to craft a defense on invalidating the initial arrest.  Although trying to mount a defense that gets the DUI charge thrown out might be tempting, the reality is that the Pennsylvania DUI lawyer focused on a plea deal will probably help you achieve the best possible result. 
Relevant fees and arrangements
DUI cases are expensive for quality legal defense.  This is especially true when there is an element of personal injury or other harm involved with the drunken driving offense.  You may hire a lawyer by the hour, but this is exceptionally expensive and almost certainly unfeasible in longer legal proceedings.  You should only have hourly fees accruing for the use of office time and sessions with the Pennsylvania DUI lawyer.
A retainer is the most likely arrangement for this type of case.  Retainer is fee that remains in a trust account that the lawyer bills every time he or she performs a service related to your case.  Leftover retainer can be returned to the client, but there is also a chance that the attorney will exhaust the retainer and require the client to refill the account.  
Most fee arrangement will not court costs, which are also paid by the client.  However, these fees, such as the fees for filing the case, are fixed.  There may be additional fees for the use of paralegals and other staff and even fees to communicate with the lawyer or have a document produced and photocopied.  Get all fees in writing before committing to the services of a Pennsylvania DUI lawyer.
Interviewing your attorney
The following questions are important when interviewing your attorney:
What fees do I pay for retaining services?  
Can I have that in writing?
Can I avoid the suspension of my driver’s license, under state law?
Is there any way these charges can be disputed?
Can I contact you directly if there is a problem?
Can you allow me to examine your credentials?
What is your experience with my circumstances?
If you cannot handle my case, can you refer me to a lawyer that can?

Guide to Finding Harassment Lawyer

Guide to Finding Harassment Lawyer

Do I need a Harassment Lawyer?

       Harassment is a broad term that covers a wide range of offensive behaviors. The term is commonly understood as actions intended to upset or disturb that are characteristically habitual or repetitive. In the legal sense, harassment is an intentional behavior that is found disturbing or threatening. Harassment can take place through any form of communication, including: online messaging, contact through social networking, e-mails, phone calls, trespassing or through spoken/physical interaction.
       If you feel like you are a victim of harassment, in any form, you should contact a harassment lawyer so that your options and legal rights can be explained. No individual should live in fear of harassment; there are steps to take to curb incessant obstructions like harassment. Consulting with a harassment lawyer is the first step to quell your problem. 
Although there are a number of types of harassment, you should understand the legal issues associated with the activity before you contact a harassment lawyer. For starters, if you are being harassed over the telephone, having a basic knowledge of the surrounding laws will help streamline your legal case. 
Understanding Telephone Harassment:
       Harassing phone calls represent an unwelcome intrusion on your privacy; the Federal Communications Act and an assortment of state laws prohibit all forms of telephone harassment. If you are a victim of telephone harassment, contact a harassment lawyer in your area to put an end to the aggressive party’s intrusive actions.
You should contact harassment lawyers when an entity intends to annoy, harass or threaten you by:
• If an entity or individual perpetually makes your telephone ring
• The aggressor makes lewd, indecent or obscene comments 
• The aggressor offers suggestions or unwanted requests over the telephone
• The aggressor does not identify himself
• The aggressor makes repeated calls where the conversation consists of only harassment
       Although one unwelcoming call may be deemed harassment, a single instance will not require the service of a harassment lawyer. Individuals who commit telephone harassment will be subject to fines, prison or both. Telephone harassment laws vary by state; in the majority of jurisdictions, telephone harassment is a criminal misdemeanor.
In addition to evaluating the above instances, you should consider the following variables when determining the need of harassment lawyers:
• What time are the calls made?
• How frequent do you receive the calls?
• Do the calls include lewd or obscene language?
• Do the calls include threats?
What should I do if I am Receive Harassing Phone Calls?
       If you are receiving harassing phone calls, you should first contact your local police department. Before you contact the authorities, make a note of the gender of the caller, the caller’s number, his or her frequency, a description of the caller’s voice, the date and time of the calls, the context of the calls and an approximation of the caller’s age. If the police, using this information, can track down the caller, they will enforce their authority and persecute the individual. If you seek monetary compensation–for the stress and psychological damage imposed–from the party you should look into harassment lawyers. 
       In addition to the local police, your phone company may assist in tracking down the harasser. Phone companies possess different policies regarding the course of action for investigating harassing phone callers. Because of this diversity, you should contact a harassment lawyer or your phone company to elucidate on the investigation process.
       Aside from helping with the investigation process, harassment lawyers can elucidate on what actions constitute the basis for a legal claim. You should contact a harassment lawyer to help determine if the harasser’s actions or words are obscene or otherwise illegal. Harassment lawyers can also tell you if you are entitled to receive any civil damages for the emotional distress displaced by the harassing caller. 
       Harassment lawyers may also be able to initiate a legal action so the caller is legally restricted from contacting you. These types of restraining orders legally impose the individual from engaging in any form of communication with you. If the harasser attempts to contact you while under the restraining order, further sanctions will be applied to the individual.
What Questions Should I ask my Harassment Lawyer:
       If you are debating the inclusion of a harassment lawyer, you should ask the legal professional the following questions to help determine the need or want for legal action:
• Should I block the harassing calls?
• Can I file charges against individuals who leaving vulgar or threatening voice mails on my cell phone?
• How do I stop the harasser from making these calls?
• Am I entitled to a monetary settlement?
• How do I prove that the harasser caused me emotional stress?
• What are the court and legal fees associated with a prospective claim?
       Other forms of Harassment that may necessitate the hiring of a Harassment Lawyer:
As stated above, there are multiple forms of harassment. The following list represents some of the more common forms that may require the inclusion of a harassment lawyer. If you are a victim of these forms of harassment, it is suggested that you contact a harassment lawyer in your area to help elucidate the surrounding laws and your coordinating rights; this explanation will ultimately determine your ability to file a suit against the aggressive party:
– Bullying: This type of harassment typically occurs in school or work settings. Bullying involves physical and psychological harassment against an individual or group of individuals. 
– Psychological Harassment: Refers to any action that intends to intimidate abuse or humiliate someone. Psychological harassment can take the form of episodes of intimidation, verbal comments, aggressive actions or repeated gestures. 
– Harassment that is based on religion, race or sexuality
– Stalking: Refers to the unauthorized following and surveillance of an individual, to the extreme extent that the target’s privacy is intruded upon. 

Guide to Finding Montana Lawyer

Guide to Finding Montana Lawyer

If you are looking for a Montana lawyer, you may use this site to find a reliable attorney that will suit your legal needs.  Diligence on your part and knowledge of a typical client-lawyer relationship is important before pursuing any legal action or retaining the services of a lawyer.  Montana lawyers serve a valuable role in guiding clients through the legal system and ensuring that legal documents and legal services are accurate, through and easily accessible by clients.  
What is the regulatory organization for Montana lawyers?
The State Bar of Montana licenses Montana lawyers to practice law in the state and as an integrated bar, membership is mandatory.  Unauthorized practice of law will be investigated by the state bar and this organization issues warnings about unlicensed lawyers.  You will not have any recourse if you are defrauded or provided with defective services.  You may file complaints about a Montana lawyer or enter fee dispute resolution through the State Bar website as well as find important information and resources that may help you resolve your legal matter without the need to speak with an attorney.
Why do I need a Montana lawyer?
For many, hiring a Montana lawyer may be perceived as a prohibitively expensive service.  This is not always the case and the state bar provides a listing of legal help societies that work on the state and local level to provide verified legal advice and pro bono work to indigent clients.  No other individual in Montana, except a lawyer licensed and admitted to the bar in Montana, may collect legal fees, help you plan for a case or appear on your behalf in court.  With this in mind, you must have the services of a Montana lawyer for most legal services.  Even the most basic services, such as document preparation, if done incorrectly, will have a major impact on your legal rights and ability to pursue a legal matter.  With any Montana lawyer, you have the protection of the state government against fraud and poor practice of law.
How can I verify my Montana lawyer is legitimate?
The Montana State Bar provides a directory of every lawyer authorized to practice law in the state.  You can search this directory on the state bar website, or contact the state bar directly to enquire about the current status of an attorney you may be considering.  All illegitimate lawyers engaged in the unauthorized practice of law should be reported to the Montana Office of Consumer Protection. 
How do I find a Montana lawyer?
Aside from using this website’s Find Attorney’s function, located at the top of every page, you may use the free State Bar of Montana Lawyer Referral and Information Service.  Although the service is free you will usually be charged a fee by the attorney you are referred to for an initial consultation.  There is typically no fee for injury cases and other litigation that would involve a contingency fee arrangement.  Keep in mind that you cannot be connected to a low income or pro bono lawyer through this service.  You must contact legal aid services if you need this sort of assistant.  The LRIS operates from 8am to 3:30pm, Monday to Friday.  All lawyers in the program must have liability insurance.  Lawyers are referred based on their self-assessment of being able to pursue certain cases in specific areas of the law.
What are the typical rates of a Montana lawyer?
A written record is important when dealing with a billing arrangement.  This will be useful to anticipate the costs of your legal action as well as pursue fee dispute resolution if necessary.  As always, be sure to communicate with your Montana lawyer effectively to understand the billing arrangement and avoid confusion.
A contingency fee is a percentage of the award that can be claimed by the Montana lawyer as a legal fee.  There is no statutory limitation on contingency fees in Montana.  The amount collected by the Montana lawyer will be subject to scrutiny by the court, especially in cases with a high payout.  Some lawyers will take a lower percentage if the case ends in a settlement.  Determine if you and your lawyer will pursue a settlement for a lower contingency fee.
A retainer is advance payment that remains in a trust account that the lawyer bills every time he or she performs a service related to your case.  Leftover retainer can be returned to the client, but there is also a chance that the Montana lawyer will exhaust the retainer and require the client to refill the account.  
Cases in civil court will be subject to court fees, which are paid by the client regardless of the billing arrangement.  The court costs vary by the type of court and the type of legal matter.  For instance, there are specific federal fees to file for bankruptcy, which are paid to the federal court.
Are pro bono Montana lawyers available?
If you cannot afford a Montana lawyer, you will still have several reliable options.  Some insurance plans will cover the cost of attorneys in accident liability cases.  Typical pro bono work will be for family law or divorce issues while most accident and negligence case will rely on a contingency arrangement, unless the indigent person is in need of the entire award, due to substantial damages or economic need.  Class action suits for multiple injured parties may reduce the burden of legal fees by spreading it among the clients.
What are questions to ask Montana lawyers?
If there a fee for the initial consultation?
Are there Montana laws that affect the outcome of my case?
What payment options do you offer?
How will you evaluate the claims made by me or by the other party?
Do you perceive a conflict of interest in this case?
How is your standing within the state bar of Montana?
Do you have a disciplinary record against you?

Guide to Finding Mississippi Lawyer

Guide to Finding Mississippi Lawyer

Mississippi, while certainly not the largest state or the state with the most lawyers, has a number of reliable options to find a good Mississippi lawyer.  Finding a legal professional vetted by the state bar association and of the highest quality should be a priority for those facing a legal issue in Mississippi.  This guide will provide you with everything you need to know about Mississippi lawyers and help you make the best choice in legal representation.
What is the Mississippi Bar Association?
The Mississippi Bar Association is an integrated bar association so all Mississippi lawyers must be members.  Integrated bars will unify disciplinary and licensing procedures in the state and unlike voluntary bar associations, will engage in little to no political activity or controversial legislative advocacy.  There are over 7,000 Mississippi lawyers in the MBA.
Among the provisions of the integrated bar, the MBA has adopted Rules of Civil Procedure and Rules of Evidence guide and advise Mississippi lawyers on professional conduct and courtroom demeanor.  Legislative advocacy positions include higher judicial salaries, the creation of a Court Of Appeals and the creation of an Administrative Office of the Courts.
The integrated bar allows for educational mandates to ensure Mississippi lawyers are up to date with developments in state and federal laws.  There are a number of Continuing Legal Education courses for lawyers to become informed on new developments that affect their area of practice as well as the legal profession as a whole.  CLE education is mandatory for Mississippi lawyers.  Young lawyers benefit from a dedicated program designed to introduce them to the legal profession and reinforce their skills in the courtroom and interacting with clients.
There are additional county bar associations for Mississippi lawyers in each county in Mississippi.
How do I know my Mississippi lawyer is legitimate?
Membership in the MBA is mandatory, so you will need to see proof of membership to ensure your Mississippi lawyer is legitimate and may practice law in the state.  Whenever you accept a legal service, ensure that your Mississippi lawyer is legitimate and can prove that they have been admitted to the Bar in Mississippi.  
What happens if my Mississippi lawyer makes a mistake?
Malpractice insurance is one way Mississippi lawyers safeguard themselves and their clients from potential mistakes and the financial penalties that might accompany these mistakes.  Most lawyer referral services sanctions by state and local bar associations will require participants to have malpractice insurance before being allowed to take referrals.  Ask the Mississippi lawyer about malpractice insurance and what is included in the coverage.
Mississippi lawyers will be disciplined by the MBA for a breach of the state ethical code only.  Mistakes and other errors will need to be settled in court and will not be punished by the MBA.  You will need to submit evidence of unethical behavior and may need to be present at a complaint tribunal if necessary.  Once a complaint is filed, it cannot be withdrawn.  The Mississippi lawyer will be given an opportunity to respond to the complaint, if necessary.
What do I do if I am charged unfair fees?
You should have had the fee arrangement in writing and you should have had the arrangement explained to you did not fully understand the terms of the arrangement.  If you understood the arrangement but were still billed outside the terms of your fee arrangement, then you will need to contact the MBA’s Resolution of Fee Committee.  This is separate from the complaints body provided b the integrated bar.  The committee will interpret the nature of the dispute and provide remedial measures if necessary and if there is indeed excessive fees charged by the lawyer.  Misconduct and exploitive billing will be punished if evidence of such actions is uncovered.
Mississippi Tort Reform
Mississippi passed strict tort reform acts that restrict the venues where a personal injury case can be heard, capping non-economic and punitive damages, establishing innocent seller protections in product defect cases and establishing new rules for medical malpractice punishment procedures.  The current caps on punitive damages are based on the net worth of the defendant and are as follows:
• $0-$50 million capped at 2% defendant’s net worth
• $50-$100 million, $2,500,000
• $100-$500 million, $3,750,000
• $500-$750 million, $5,000,000
• $750 million-$1 billion, $15,000,000 
• more than $1 billion, $20,000,000 
In any state with new or changing tort reform laws it is important to have a local attorney that is aware of these restrictions.  A Mississippi lawyer will be your best bet at achieving a favorable personal injury case in the face of these tort reform laws.
What are the typical rates of a Mississippi lawyer?
A retainer arrangement is an agreement between the attorney and client to set up a billable trust account.  Flat fees or hourly fees will be charged to this account as per the existing arrangement between the client and lawyer.  This account may be refilled at any time at the discretion of the attorney and the client should be aware of this possibility.
For nearly all forms of litigation, contingency fees will be the preferred arrangement.  The percentage of the jury award that will be collected by the Mississippi lawyer will be subject to review by the court.  The jury award will be subject to the statutory limits on punitive damages and other laws.
Flat fees are typical of legal services that do not go to court.  Unlike personal injury and other litigation, legal service fees are usually advertised, allowing the client to pick the best deal.  There must be considerations for the quality of the lawyer and the document produced, of course.  Initial consultations will also be flat fee arrangements.
What are questions to ask Mississippi lawyers?
How does my case relate to Mississippi state laws?
Are there local laws that might affect the outcome or proceedings in this case?
What is the statute of limitations for a case such as mine?
What are your fees and do you have alternate payment plans?
Do you have proof of Bar Association membership?
What roles do you play as a member?
Are you a member of any county Bar Associations?
What are my chances of winning a settlement or at trial?
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