That PDF-thing

"Don't send me that PDF thing. I don't know how it works."

"Yeah, me too, I'm terrible with computers", the other attorney chimed in.

We were concluding my client's deposition and as is customary at the end, attorneys were ordering depositions from the court reporter. The other attorneys clearly wanted nothing to do with the PDF thing.

To be fair, I was the youngest in that room by 30 years.

Attorneys are notorious for being late (if not the last) adopters. I don't get it. Somehow it has become permissible for the legal field to collectively hold up its hand, prohibiting cutting-edge technology from interfering with its dust-covered wall-to-wall legal books mentality.

There are exceptions. Attorneys are converting their firms to paperless format. But the truth is that they are still the exception.

Moments like these make attorneys look like the elderly relative bemoaning "MyFace" and "Twitterbird" at  family gatherings.

Attorneys, step it up. Jurors can relate to you when you're holding an iPad at trial, but not when you are feverishly flipping through 100 legal pad pages. Clients want to send you emails and have you respond the same day, not just when your assistant helps you check your e-mail inbox.

Playing the cards

Our senior paralegal is fond of saying, "We can only play the cards were dealt". It is such an appropriate analogy for not only legal work but every business.

There's not a lot I can do about a doctor who puts in a damning diagnosis or findings against my client. I have little wiggle room with a client who has a recent rash of criminal history that involves dishonesty when it comes to whether a jury is allowed vs not allowed to hear about it.

The dream client in any business arena is rare, so don't waste your time constantly looking for them. I've seen two or three out of several hundred.

Maybe your client filed bankruptcy or has a low credit score if you are a realtor. Perhaps your client failed to file years worth of taxes if you're a CPA.

Don't let your search for the perfect client get in the way of why you chose your career in the first place: to serve people no matter the circumstances. By no means does that mean you serve everyone who knocks. I don't take un-winnable cases as a lawyer for a Plaintiff. But for those people that you can help, go the extra mile and fully play the cards you're dealt.

Building, Not Stumbling Blocks

Today I accompanied one of our senior attorneys to watch him petition the court for something I hadn't done before. While waiting outside the courtroom, I ran into a law student whom I knew from last year. 

It was an incredible flashback experience because this student was so worried about law school, the current curriculum, and getting everything right. More pointedly, this student was worried about their moot court case. For those who have been graciously spared from moot court, you exhaust incredible amounts of time, energy, frustration and angst into a fake case. At the end of the day, you've accomplished nothing more than exhausting oxygen and a forest full of paper. 

Not to belittle her anxiety, but deep down inside I began smiling as she explained how nervous and frustrated she was. After my first year in practice of dealing with real world dollars, real world expectations and disappointments, the law school pains that were once very real to me seemed petty. Those past pupil hurdles, while important in my development in crafting legal skills, paled in comparison to advising a client to accept a real-money six figure settlement at mediation instead of going to trial. Usually in the school environment it's merely your grade (and maybe a modicum of your reputation) that is at stake.

If anything it was a reminder that there are always bigger problems to face and your current problems are not stumbling blocks but rather building blocks for you to accomplish the next obstacle. 

Pro Bono: Liability Car Insurance Coverage

Buying car insurance can be frustrating. How much coverage? What type of coverage? Why can’t I just call Geico since they promise to save me money?

I’ll address the basics you need to know about buying car insurance. Since there are different types of car insurance coverage, different posts will address different types of coverage within a policy that you buy.

I will even discuss in a later post which insurance companies to buy and which ones to avoid. How can I be qualified to give such advice? I deal with them on a daily basis. I negotiate settlements with them. I know which ones suck to deal with. If you’re like me, you’d rather not deal with an insurance company that sucks.

The first area of car insurance is your liability coverage. This is your “holy crap I just caused an accident” coverage. But what does it mean? In short, it’s the most your insurance company will pay to someone who is injured or God-forbid killed because of an accident you caused.

In Tennessee, the minimum coverage required is $25,000 per person or $50,000 per accident. What’s the difference? If there are two or more people injured in an accident that you cause, they will have to fight over how that $50,000 is split up. If only one person is injured, they can only recover up to $25,000.

Keep in mind 25/50 is the minimum. In Tennessee, there are three higher levels of insurance coverage (the “/” indicates the “per person” and “per accident” difference:

            $50,000/100,000

            $100,000/300,000

            $250,000/500,000

Why should you buy higher levels of coverage? At my firm we once had an accident where there were seven people in a vehicle. The driver was an idiot and caused the vehicle to roll over several times. Everybody lived but everybody except the driver was badly injured. The driver only had 25,000/50,000 coverage. Guess what? The six people who were hurt had $50,000 to share. The total of all their medical bills was over $130,000. See where I’m going?

What happens if there are more bills than coverage? If the person you hurt has hired a lawyer, the lawyer will conduct an asset search to see if you own anything free and clear (aka “a paid for house, car, boat, giraffe, etc). In short, you’ll get sued and the injured person’s lawyer will have to get a judgment against you that exceeds your insurance coverage. If they do, you become personally liable for that exceeding amount. The local sheriff will come by your house to pick up your valuables. He’s immune to tears, so crying won’t help. Your stuff will be sold at an auction and it may be enough to satisfy the judgment or it may not be.

What if your sold stuff still is not enough to satisfy the judgment? You can get your wages garnished and be in debt to someone for years because you didn’t buy enough insurance coverage. Are you worried/concerned yet? Good.

How much coverage should I buy? I recommend at least 100k/300k coverage. Usually this is enough to cover most accidents. However, if you own considerable assets (especially if you own your home free and clear of a mortgage), you need to buy 250/500 coverage. And if you buy 250/500 coverage, most insurance companies offer umbrella policies (starting at $500k up to $5 million) at a discounted rate to provide even more protection.

That’s the liability coverage discussion. Next I’ll address perhaps the most important safety net you could ever provide for yourself and your family: uninsured motorist coverage.  

Pro Bono

Ever wanted free legal advice? With no strings attached? I promise there’s no fine print.

I’m starting a new blog series called “Pro Bono”. It’s an utterly original name, I know.

Why give something away for free? Because I wouldn’t make any money charging you to sit down with me and offer it anyway.

I want you to be well-informed. I don’t want you calling a lawyer when you’re on the bad end of a misinformed decision you previously made. And that’s not a slight against you. We all make misinformed decisions.  I own penny stock that’s currently valued at a hundredth of what I originally paid for.

A lot of legal problems come from cutting corners, trying to save money. Whether it’s buying “cheaper” car insurance or buying legal form letters/contracts online, you’re saving money because corners are being cut somewhere. And I’m sick of consoling people who had wool pulled over their eyes (or pulled it over on themselves) only to have the cut corners exposed at the worst possible moment.

This is a forum environment. Feel free to comment. Don’t agree with me? Good. Make your case and persuade me otherwise. I only have one rule: be respectful. Trolls aren’t allowed. Be prepared to back your position with well-reasoned (posting links to cement your position is NOT well-reasoned) points.

I’m offering advice based on real-world experiences. There are times when hypothetical questions are appropriate. But I will tend to avoid that. You need practical advice, not an exhausting list of all possible circumstances.

Lastly, I need to cover my own tail. Take (and apply) my advice. But merely heeding it doesn’t form an attorney-client relationship. I’m not your lawyer until you sign a retainer agreement (and usually you show me cash or a check to motivate me). I’m not your lawyer simply because you read my blog. But you’re smart enough to know that.

Enough chit-chat. Let’s get down to it…

No, you don't need an attorney

Do I need an attorney?

The short answer is “No”. You can buy an online estate-planning package or download infinite contracts and legal documents via Rocket Lawyer. You even have the right to represent yourself in court. However, you get what you pay for. If you’ve done any of the above, I’m not picking on you. But when the “crap hits the fan” (which unfortunately it tends to do once in a while), you need legal advice from a person with a law license.

Lots of times people feel like they can handle legal issues themselves. They really don’t want to part with the whole pie, not realizing that by not giving up a “reasonable” percentage in the form of an attorney fee, they risk losing all of it. It doesn’t help that we lawyers don’t exactly have the greatest reputation for being honest, which makes the process of finding the right attorney even more frustrating.

So how do I find the right attorney?

Glad you asked. Your body included a keen sense of direction called “going with your gut”. If you don’t feel comfortable with the attorney after meeting with them, don’t move forward. Almost NEVER hire a lawyer over the phone (save exigent circumstances where meeting face-to-face is impossible). I have had this come up only once where a man moved to Michigan but was involved in an accident in Tennessee. He only had one week to file his lawsuit and we had to act fast. Only after a two-hour phone conversation (and all of his questions were answered) did he decide to hire our firm.

Unfortunately, there are MANY empty promises made by attorneys during an initial consultation. In this meeting, the attorney is playing 50% doctor, 50% salesman. But use this meeting to interview the attorney:

 Ask him/her how long they’ve been practicing

Ask how many cases like yours that he/she has handled

Ask what the potential difficulties in your case are (hint: there are always

difficulties and if you are told otherwise, RUN!)

A reputable attorney will not guarantee a certain outcome. A reputable attorney will not guarantee you a certain amount of money. A reputable attorney will not use legalese and verbose words to puff up their image, but will explain in layman’s terms what the process is for your case. If you can leave the meeting with a clear sense of understanding of how the attorney plans to best represent you, you’ve found a good one. 

Just please don’t cheap out and go at it all by your lonesome. I speak with far too many people who have killed their case/claim/issue through self-inflicted wounds by holding out on hiring an attorney.