A newly admitted lawyer to the Massachusetts Bar, has several options upon receiving his or her license to practice law. They can apply for an associate position with a big firm, and conduct research for the next five years; they can apply to work in a small firm and do all the work the senior lawyers do not want to deal with; they can hang their own shingle. This article will take the perspective of the later, i.e., a recent law school graduate with an entrepreneurial spirit, a little cash on hand, and a desire to start his or her own practice.

Forget about the fact that marketing and obtaining clients is going to be the most difficult aspect of the new venture. Forget that the new attorney must choose an area of practice, for even a general practioner can’t work in every field of law. Once the client walks in the door and the attorney wants to accept the case, the flood-gates of paperwork will open.

The first document a new lawyer must draft is a fee agreement. There are several internet sites out there that have these types of legal contract, as well as other legal forms, but those legal documents are very general in nature and likely do not satisfy the Massachusetts General Laws. However, a quick look in any Lawyer’s weekly will show a host of legal software companies who have created word documents drafted specifically for Massachusetts, or what ever state your practice requires.

Next is the whole process of filing a complaint or answer if a law suit is involved, drafting HUD statements if real estate is the issue at hand and so forth. One new Massachusetts Probate Attorney, recently said, “I didn’t know where to start before I had the direction of my document generation software and my online research tools”. She went on to state that, “but for the form generating software, I would have had to consult for hours the Massachusetts Practice Series and other form books”.

Once a case has been filed, the real onslaught of paper work and forms hits the fan – DISCOVERY. There are interrogatories, request for production of documents, requests for medical records, requests for police reports, subpoenas’ for depositions, etc. There are motions for summery judgment, motions to compel, and so many more. A new lawyer who has never drafted these documents has virtually no where to turn, but to the form books for hours and hours of unbillable research time.

The biggest problem for new lawyers is they did not learn how to try cases in law school. Rather, they are more equipped to argue an appeal in front the The United States Supreme Court then they are to handle a simple will contest, or personal injury matter. The bottom line is, in order for a new attorney to be efficient, they can either purchase one of these up to date, form generating software packages, be lucky enough to have a mentor, or put their dreams and aspirations on hold for two or three years, while working for a small practice. In the case of the young probate attorney, she decided to purchase the software, and was lucky to have one of the premier real estate and probate attorneys in the state as a mentor. However, not all new lawyers are so lucky, and if you are going to spend 30 hours a week researching what forms are needed to follow procedure, you will be hard pressed to find time to actually represent your clients, let alone conduct legal work that can be justified as billable hours.

The gist of all of this is that it would be highly advisable to look into the technology that is available today if you are a new lawyer, and in fact, even if you are an experienced lawyer, this technology allows you to stay current with any changes in the law and procedure for state courts in your document library.

By: Michael A. Goldstein

Getting the best bankruptcy lawyer to handle your bankruptcy case is very important for you, if you want to defend your claim successfully in the court. The attorney is an expert professional, who understands the intricacies involved in the various laws and regulations. When it comes to bankruptcy laws, things become more complicated for you, as the laws vary from state to state. Therefore, you must take care of many things while hiring an attorney for you. You will find the following tips very useful in this regard:

License

It is very important for you to understand that the laws of bankruptcy vary from state to state. Therefore, you will have to make sure that the bankruptcy lawyer you are hiring has the license to handle bankruptcy cases in your state. You cannot hire an attorney from some other state to handle your case, if you live in some other state and the attorney does not have the required license – no matter how much experienced he or she is. What is more, it is not just the license; you will also have to make sure that the attorney understands the state specific laws.

Comfort Level

Now that you have found that, the bankruptcy lawyer you are hiring have the license, the next step is to make sure that you are comfortable talking with him or her on the various aspects of your bankruptcy case. A good comfort level between you and your attorney is an important component, when it is about successfully defending your case in the bankruptcy court.

Attorney Fee

Since you are filing for bankruptcy, you are certainly not in a situation where you can afford to pay a substantial amount as attorney fee. Therefore, you must keep in mind your specific budget, while you are hiring the bankruptcy lawyer. The attorney fee must be something that could fit your budget. If the fee is much more than what you are capable to pay, you may have to look for some other financial solution in order to pay off the attorney fee, which will be like asking for another trouble.

Ask Questions

One thing is very important while you are planning to hire a bankruptcy lawyer – you must ask as many questions as there are in your mind. You want to get the best lawyer for your case. After all, it is about the security of your financial life. You want the best settlement through the bankruptcy case. Therefore, it is of vital importance that you ask questions from the lawyer regarding his or her experience. Make sure that the lawyer is experienced enough to handle your type of bankruptcy cases.

By: Saurabh K Jain

DUI (driving under the influence of alcohol and/or drugs) is a criminal offense. Drunk driving refers to an act wherein a person operates a motor vehicle under the influence of alcoholic beverages or chemically controlled substances. Operating a vehicle in an inebriated state not only risks the life of the driver but also imperils other people’s lives. The state of California limits the blood alcohol level (BAC) to 0.08%. A person above this percentage is not entitled to legally operate a motor vehicle. Thus, a driver’s BAC is used as evidence in cases of DUI. The BAC level in a person’s body is measured by checking a blood or urine sample. It can also be measured by using a Breathalyzer.

Since DUI is a criminal offense, it has stiff penalties. Such penalties depend on the severity of the offense. Fines are also dependant on a person’s past records. On being charged, the offender’s car may be impounded for up to 90 days at his own expense, or even sold with the earnings going to the city or county. The penalty will be increased by 60 additional days in jail if while driving under the influence a person also drives recklessly or at a high speed. In extreme cases, the license may also get confiscated. The increase in the number of DUI cases has led a number of lawyers to specialize or concentrate entirely on these types of cases. As such, a person facing a DUI charge can now avail of help from the best lawyers who are well versed and experienced in this field. These lawyers tend to be expertly familiar with all the particulars and nuances involved with DUI offenses. They have an in depth knowledge of the law and are able to navigate through various loopholes in order to safeguard their clients and help them get the lowest possible sentences.

Preparation, knowledge, and an excellent DUI attorney are person’s best defenses. The fees charged by an experienced lawyer may be high but it is seen that many reputed lawyers do work on contingency basis. As such, it is possible to hire a reputed lawyer with limited financial resources.

By: Ken Marlborough