Almost everyone, at one time or another has asked the question, “Do I need a lawyer?” The answer is either a straightforward yes or no, but is answered with a maybe. It all depends on the situation in which you are asking that question. A good rule of thumb is that if it is in regards to a binding agreement between two or more people, a divorce with property and children and no one in agreement on anything, or some type of serious criminal act, the answer would be yes.

For common little things like a parking ticket or a fender bender, you are probably not going to need a lawyer. If the fender bender turns into something of a more serious nature, then you have the lawyers that work for the insurance company to represent you.

In bygone times, when two people agreed on something such as borrowing money or an item with each other, or they were renting a home or piece of property, a handshake and their word was all that was needed. This is because a man’s word and handshake meant a lot to people. Today, everything needs to be signed on the dotted line several times over, notarized, and quite possibly filed in court by a lawyer.

When it comes to a messy divorce, where no one is in agreement as to who gets custody of the children, who get custody of the dog, who gets what furniture, the house, assets, etc., someone needs to straighten it out. That is usually a lawyer who specializes in divorce and all that goes with it. If both parties have a lawyer, it is usually the lawyers who try to hash it out with input from both parties involved. If it cannot be settled out of court, then it is good to have a lawyer beside you in court to make sure that you get a fair deal.

If you are arrested for a serious crime, or the suspect in a serious crime, it is best to be represented by a lawyer. Your lawyer can talk to the prosecutor’s office and try to get you a decent plea bargain if you are on trial for the crime, and if you are just being questioned, it is good to have a lawyer present to help prevent you from saying the wrong thing or volunteering too much information.

Criminal lawyers in general have a bad reputation as being sharks, and thinking more of how much money they can get out of the person they are defending instead of trying to clear the person they are defending. Yes, it may be true with some lawyers but for the most part, they do their job correctly.

Some other things that if might be advisable to have a lawyer would include making or revising a will, buying or selling real estate, and when financial problems arise.

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Most people don’t think they may need a lawyer, yet it is surprising how many situations come up when a lawyer’s assistance is needed.

When it comes to a will, either the first draft or a third revision, this is a very important legal document and you should seek the services of a lawyer. By using a lawyer, you can make sure that everyone left behind is treated fairly, especially the spouse and surviving children. There may be a rift in the family and you do not want to leave a certain member of the family anything. A lawyer would know just how to word the will to make sure that your wishes are carried out and there is no way they can win if they contest the will. A lawyer can also make sure that your spouse and heirs can save in taxes and other estate costs.

When you are selling or buying real estate, straight out or on contract, you should have a lawyer draw up the papers so everything is clear to both parties, such as the amount that is due each month if there is a payment, the beginning and ending date of the contract, what you are selling consists of, the amount of interest and more. If you are the buyer you want to make sure that the seller cannot just sell the property out from under you, and as the seller, you want to make sure that the buyer fulfills their part of the contract. It does not matter if you are the buyer or the seller, this can be a huge financial transaction and you want a lawyer to make sure that all the documents that are necessary are there and to make sure that everything is legal.

With the unsettled economy, no matter how people are careful about their financial situation, things can, and do, happen and you may find yourself on the brink of foreclosure, or even facing bankruptcy. Before taking either of those steps, consult a lawyer to see what other options there are. If you are forced to file bankruptcy, a lawyer will fill out all the necessary paperwork, file them with the court, and go with you when you have your hearing. They will help you to decide if Chapter 7 or Chapter 13 would be the best way to file. They will help to make sure that you can keep your home and car. This also applies to your business if you have one. They lawyer will help you get through the maze of legal paperwork until you get to a satisfactory solution.

These are just some of the reasons that you may need a lawyer but there are many more. Yes, lawyers can be expensive to hire but in the long run, their hourly fees can help make sure that you, your rights, and property are protected. If you are faced with the question “Do I need a lawyer,” do not be too quick to answer no. Thinks of the situation that has you asking this question and all that the situation requires and when you do, you will have your answer to that question. If you are still not sure, call a lawyer for a consultation. Some may provide free consultations, and other may charge you a fee.

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It has been observed over a period of time that about two-thirds of the Americans die without having prepared a will. In general, we hardly think how to distribute our estate during our life. We keep on postponing the matter thinking that we still have time for such work. However, this is not a right approach. Though your estates will be eventually distributed, it will hardly be the way you would have planned. Generally, such distribution takes place in accordance to the inheritance laws of the concerned state. And if you want to avoid such situations, it is better to seek the advice of an experienced estate planning attorney.

An experienced estate planning attorney will always have a good deal of knowledge about the inheritance laws of your state and thus can help you to draft a will which no can challenge even after your death. Moreover, they have comprehensive understanding of estate tax laws and can provide updated information about the same. The services of an estate planning attorney is required for dealing with any kind of estate related matter; be it framing a will for your estate, establishing a living trust, changing your present will, setting up your estate plan or planning the estate taxes.

A good estate planning attorney will thoroughly study the present condition of your financial situations including your real estate holdings, investments and other personal property. Based on this study, the lawyer will help you to determine an estate planning that will suit your purposes. Moreover, they will give a realistic picture about the probable requirements of your inheritors. Apart from providing the best alternatives for planning your estate, these attorneys can even look over whether or not your estate is being handled properly in your absence.

Estate related taxes often become a burden. The estate planning attorneys can even provide service in this matter. They can provide option with the help of which you can lessen your taxes immediately as well as probate the costs on your estate. They can also explain how a change in your personal life can affect your estate plan. For example, those who are divorced or widowed and are considering remarriage must consult with an estate planning attorneys about the effects of such act on your estate planning. In such cases, you must also consider how you are going to distribute your estate amongst your future kids and your children from the past marriage (if any). You must draft the will in such a manner so that it does not create any conflicted feelings in any part in your absence. In addition, you must consider the tax consequences. This is where you need an experienced estate planning attorney to help you avoid any such situation.

Once you appoint an estate planning attorney, there is no need to be concerned about drafting and executing the legal paperwork. Such paperwork will include creating living or testamentary trusts, wills, powers of attorneys and health care directive. The lawyers will do all the necessary researches on your behalf.

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Foreclosure is a legal procedure which entitles banks to take away and even sell a mortgaged property, if the borrower doesn’t fulfill his contractual obligations, which means usually not paying the installments. Another negative effect is that foreclosure is stuck on the credit report for seven years, and it affects the possibility to obtain another loan or credit card during these years.

In what seems to be the last symptom of American mortgage market collapse, the authorities responsible with public order and national agencies report a considerable growth of burned houses and automobiles, most probably, by the owners incapable of paying heir installments. People do this to avoid foreclosure. This is an example of fraud.

Foreclosure occurs most often when a person misses his /her mortgage payments. If it happens, the person must move out. There are many miserable situations, when the loan is worth more than the value of the property, and this leads to losing the property for good and still owing money to the lender. Thus another loan is almost impossible as effect of foreclosure, it is definitely important to avoid foreclosure by all means.

One way to avoid it is to be very careful when buying a property, making sure it is free of charges by checking all property features in the land register. Also, it is important when buying a home to not be greedy and limit to what you can afford, to the money you dispose of, and not engage in expenses, using money you don’t have.

Besides the people affected by foreclosure who commit frauds and intentionally don’t pay the mortgage, others are driven to this by some of the following reasons: unexpected job loss, serious illness, divorce, other debts, unexpected circumstances that cut off the income.

When realizing the foreclosure risk, it is good to let the lender know and try to take actions to avoid – delaying will make it worse. Lenders usually allow people to figure out a repayment plan and offer them a new term to pay, adding interest.

Once the process has started, lenders are not indulgent any more, and the possibilities to stop it are next to zero. What you can do is sell the house, after researching market value. Another option is asking for a short sale, which is better than a foreclosure, but the lender must agree with it. Its essence is that the homeowner will pay less than what he owns.

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