Is Hiring a DUI Lawyer Required?

Driving under the influence (DUI) is a serious crime which is seen in every nation in the world. The penalties, however, deviate from region to region. The crime of DUI is committed by driving a motor vehicle under the influence of alcohol or drugs. For a person who commits this crime, there will be a lot of legal troubles in store for him or her. Such an individual who is under the influence of alcohol or drugs is not just a terror to himself or herself. He or she also poses a menace to other innocent people too. Due to the DUI state, the involved person may also get the attention of the cops and be pulled over. He or she may be put through to a breathalyzer test or a number of sobriety tests. If the person fails to pass these sobriety exams, he or she may be held for driving under the influence (DUI).

If you are such an individual and are captured for DUI, there is no way that you will be able to get out of this wreck on your own. Until you know about the DUI laws and rules and are familiar with the way these kind of things work. Most of the individuals who get captured for DUI are no experts in this field. As a result, they will be unable to find a answer to their trouble. To make it darker, there are some organizations and groups that are making it worse for the accused. They are lobbying for tighter rules, harsher penalties and larger fines. There is a lot of trouble in store for someone who has been captured for DUI. In such a situation, you will need a continuous hand to help you stand up. There are many DUI lawyers available who can offer you this steady hand.

One of the first matters that must be done is to get the get the assistance of a professional and highly qualified DUI lawyer to manage your case. The DUI lawyer represents the person who has been charged with driving or operating a motor vehicle under the influence of either alcohol or drugs. If a person is seen to have consumed surplus amounts of alcohol, he or she is charged with DUI. There have, nonetheless, been cases where a person who had not crossed the limits had been arrested. The DUI lawyer functions as the attorney of the charged, and therefore he or she will take care of everything: from the start to the finish. There is absolutely nothing to worry about. The DUI lawyer will assist you along every step on the way.

The only solution to your problems is to get an excellent and able DUI attorney. This is the only means by which you can beat the system. It will help secure your release from jail. Posting a bail may also be needed. But there is no need to worry as all of that will be looked after by your DUI attorney. You need to stress on your defense against the charges. You will not be alone in this task. Your DUI attorney will be at your side and will aid you in taking the right actions and putting up a complete defense.

Understanding the Lawyers on Retainer Concept

In this life, people cannot do without the services of a good lawyer. Crime happens everyday around us. Sometimes we find ourselves in rare situations that make us suffer unfairly. Other personal circumstances such as bankruptcy, real estates and mortgage force us to hire lawyers. In one word, good lawyers are very imperative. Dealing with lawyers is not a simple thing. Many issues concerning hiring lawyers are crucial and they come first. For example, you many find yourself hiring lawyers on retainer. These lawyers are not any different from those you know.

The lawyers only ask for a retainer fee so that they can give you their services. What is a retainer fee? This type of a fee is on hourly basis. It is different from the normal charges you pay a lawyer because of defending your position in court. They include the following:

• Consultation fees – Before you can start working with a given lawyer, you have to set a few appointments with him or her.

• Research work – After listening to your side of story, your lawyer spends some time doing research to help you. You will have to pay for his or her time.

• Interviews – as the lawyer studies your case, you and him or her will look for possible witnesses. Then, your lawyer has to conduct an interview with each witness. Most lawyers want to receive a pay for their time.

Lawyers on retainer want only to ascertain your seriousness in the entire procedure. That is why they will ask for a specific deposit first. When looking for this kind of a lawyer, examine your budget first. Most people desire to save up money in legal matters as much as possible. You should look for a cheaper hourly rate lawyer. Some people do not take it kindly. However, if you think about it, you put aside huge amounts of money as down payment for the assets you love.

If you plan to hire a lawyer about a case related to the same assets, you should not feel bad if ask to pay a retainer fee. A retainer fee is just a small deposit compared to other types you have paid before. The more you refuse to pay the fee, the more you delay your justice. Even so, take your time to select a good lawyer. There is a big chance that you will sort out good lawyers from bad lawyers if you take your time. When you find a good lawyer, make sure that all retainer agreements are in writing.

Then you and your lawyer should sign the document. This is a good way of building a relationship with the attorney. The document should demonstrate how the lawyer allocates the money through out the legal procedure. You should not work with any lawyers on retainer if they cannot follow the document stipulating your agreements. The best place to look for these lawyers is the Internet. Many lawyers who could proof their expertise exist.

Is a Lawyer a Debt Collector, and Should You Sue the Lawyer If You Can When Sued For Debt?

As many people know, original creditors are treated differently than debt collectors. The Fair Debt Collection Practices Act (FDCPA) applies, by and large, just to debt collectors and gives original creditors a relatively free ride. So where do lawyers fit in? And should you sue them if you can?

Lawyers Can Be Debt Collectors

Lawyers are not protected under the FDCPA. They can be, and as a practical matter the one suing you probably is, a debt collector. However, if the lawyer is representing an original creditor and acting in its name, he will be treated as an original creditor. If you are being sued by a debt collector, chances are good that the lawyer is also a debt collector, you can pretty much count on it. He can be sued for things he does wrong.

Before you go suing the lawyer, though, there are two things you should know: one has to do with your legal rights, and the other is more of a practical consideration.

Respondeat Superior

There is a concept in the law that makes people responsible for the things people who are acting as their agents do. This is known as “respondeat superior.” With a few exceptions, an employer is liable for the actions of an employee. That means a client is responsible for the actions of his or her lawyer. In general, this means that a debt collector is responsible for anything that its attorney does. Or to put it differently, you don’t need to sue the lawyer to attack the debt collector.

Should you do it anyway, though?

Tactical Considerations

Whether or not it makes sense to sue the lawyer is not an easy decision. I know you take the lawsuit personally-it represents a large threat to your personal and financial well-being. Naturally you want to strike back, personally, at the human person you see on the other side. The question is, though, is this the decision most likely to give you the most benefit? Is it most likely to cause them to drop the case and leave you alone?

I don’t know. Most of the time, the lawyers suing you regard your case from a purely business perspective attempting to maximize their profit and minimize the cost of suing you. And much of my approach to debt litigation has been to suggest that people exploit this business perspective by making your case unprofitable. That is relatively easy to do, although of course this isn’t always enough. If you sue the lawyer, you change her motivation. Then, instead of it being a merely business decision, you increase the personal stakes for the lawyer. It makes things unpleasant for the lawyer, no doubt, but it also motivates them to work much harder in many cases. You have multiplied your enemies.

A Final Legal Consideration

If you are suing the lawyer, your claim is not exactly a “counterclaim.” Instead, what you would probably do is counterclaim under the FDCPA against the debt collector and bring a third-party suit (within the same lawsuit) against the lawyer. The pleading is just called a third-party suit and names the lawyer as third-party defendant and states your claim in the same way the counterclaim did. Then the lawyer has to be served a summons. None of this is specially difficult, but it is time-consuming. Given the questionable benefit of suing the lawyer, I rarely thought it was worth spending the extra time. You’ll have to decide what makes sense to do in your case.