Legal Forms for Everyone

Leases, Home Sales, Avoiding Probate, Living Wills, Trusts, Divorce, Copyrights, and Much More

Carl W. Battle

• Publisher: Allworth
• Year: 2017
• ISBN:
  9781621535713
• Edition: 6
• Topic: Law
• Subtopic: Contract Law
• Index: Law

Legal Forms for Everyone is the ultimate self-help legal guide that will save hours of research time and money in legal fees. Written by an experienced attorney, this book is complete with the most commonly needed, ready-to-use legal forms and precise instructions and checklists on how to use them, as well as advice about when you should hire an attorney. In addition, all the forms are online on a supplemental website to aid in customizing for individual needs. Readers will find forms and advice for a variety of legal situations, including preparing a will, avoiding probate, buying and selling real estate, handling divorce or separation, getting a new name, copyrights and trademarks, bankruptcy, and so much more. However, due to the ever-evolving legal system and the development of new technologies, Carl Battle has added to this new edition such changes as:

• How to protect against credit fraud, identity theft, and internet fraud
  
• How to navigate new electronic filing systems for copyrights, trademarks, and patents
  
• Updated information in filing fees, exemptions, and forms for filing for bankruptcy
  
• The latest information on filing for patents
  
• Legal Forms for Everyone is a comprehensive tool for getting in and out of legal situations without having to pay for that costly attorney.

Chapter

1	Managing Your Legal Affairs

YOUR PARTICIPATION IN THE AMERICAN LEGAL SYSTEM

Do you have faith in the American legal system? A large number of people would probably answer this question with a resounding “No.” But despite a lack of public confidence, the American legal system is one of the best in the world.

Although it may appear to suffer from many problems and inequities, our legal system is remarkable. Our Constitution, the bedrock of our legal system, is a brilliantly crafted document designed to safeguard individual interests and freedoms while concurrently promoting public, societal needs. Our judicial and legislative processes assure that the intent of the Constitution is carried out. Our country has a well-trained and active judiciary. Our legal profession has an abundance of talent and resources. But to work most effectively, our legal system requires public awareness and participation.

Our legal system needs a public desirous of being knowledgeable of the law. It needs a public willing to monitor, evaluate, and formulate legal policies. Further, it needs public confidence and support. American democracy cannot flourish without the will of the people. The American legal system cannot, and will not, function effectively without you.

The American legal system affects virtually every aspect of our daily lives. Laws regulate our family relationships, commercial activities and social conduct. Regulations govern the food we eat, the garbage we throw away, and the places we park our cars. While our individual liberties, such as freedom of speech, press, and assembly, are protected by the Constitution, our legal system regulates countless aspects of our daily lives.

The laws regulating American society do not necessarily represent a destruction of individual rights. Many of the laws were enacted for the very purpose of protecting such rights. The protection of the law may be lost, however, because of lack of public awareness and mismanagement of legal affairs. Because an unwanted lawsuit or loss of important legal rights can destroy families, fortunes, and lives, you need to manage your legal affairs as routinely and carefully as you balance your checkbook. The magic formula is simply knowing your legal rights and knowing how to enforce them. For example, always read the fine print in an agreement before you sign it. Also, make sure important legal transactions are reduced to writing. A written document, such as a contract, a deed, or a will, can be extremely important as evidence of your legal rights and obligations. Never rely on oral promises or handshakes to protect your rights.

The importance of an informed public cannot be overemphasized. The growing popularity of televised trials and increasing news coverage of these events has resulted in many people now seeing our legal system at work. But despite this greater exposure through our mass media, many people still do not have a clear understanding of how the legal system operates and how cases are won or lost in court. You may want to personally attend court proceedings to see first-hand how the court system functions. Serving as a juror on a civil or criminal trial is another excellent way to see how the legal system works.

YOUR RIGHT TO REPRESENT YOURSELF

More and more people are starting to take the law into their own hands. People are becoming hungry for information about law and self-help legal material. The 1980s and ’90s will be remembered as the era of self-help. Many people are taking the do-it-yourself route in auto repairs, carpentry, home improvements, and many other areas. You also need to take the self-help approach in handling your simple legal affairs. Hiring a lawyer simply is not necessary for many of your routine legal matters.

The right to represent yourself is a basic concept of federal constitutional law. Although this right is nowhere spelled out in the Constitution, its existence is recognized by the courts as fundamental to our system of individual liberties. However, the right to represent yourself is not advantageous unless you have knowledge of the law. This includes knowing how to prepare legal forms and other documents, as well as how to safeguard and enforce legal rights.

Moreover, knowledge of the law encourages more public participation in the legal system. It eliminates the dependence that people have on lawyers in handling legal matters. Also, if you are familiar with the law, you will be better able to monitor a lawyer’s work if you need to hire one.

Some areas of law can be very complex and may require the services of a good lawyer. But, to the extent that you can, try to represent yourself in your simple legal matters. You may consider consulting with an attorney only for guidance as you prepare to handle the matter yourself.

USING THIS BOOK AS A LEGAL RESOURCE

The material in this book will enable you to manage many of your legal affairs by yourself. Each chapter covers a legal issue you are likely to encounter in your personal or professional life, such as how to prepare a will, how to hire a contractor, how to deal with a suit in small claims court, or other important legal topics. Following most chapters are sample forms and checklists to help you organize the steps you should take and the papers you need to prepare. At the back of the book are sources of additional information that can provide you with further help and information. Finally, your local law library and court clerks can be very helpful. You are encouraged to use all these resources. This book is not intended to replace the advice of legal counsel.

Even with all the help available from this book and other sources, at times you may find that handling a legal problem by yourself is too difficult. Some issues are just too complex, or perhaps you do not have enough time. There may be instances when you find it best to hire an attorney. The next chapter discusses the steps you should take when engaging the services of an attorney.

Chapter

2	Finding the Best Lawyer for You

WHICH LAWYER IS RIGHT FOR YOU?

With the complexities of life and the laws governing us, the need for competent and effective legal advice arises on many occasions. Finding a good lawyer who is right for you and your particular situation can sometimes be difficult. There are, however, several sources you can use in helping you locate good legal counsel.

In searching for a good lawyer, you should use your personal contacts, local bar associations, telephone directories, legal publications, and community organizations. Each of these may be a good source of information and assistance in obtaining the right lawyer. Your final selection of a lawyer should involve an analysis of your specific facts, the complexity of your case, and the character and experience of the individual lawyer.

Unquestionably, the best approach for you in choosing a suitable lawyer is through personal contacts with relatives, friends, and business associates. Relatives and friends who have had similar legal matters satisfactorily handled can recommend their own personal lawyers. Such recommendations are the truest measure of a lawyer’s reputation and zeal. Moreover, relatives and friends will generally have your best interests at heart and are less likely to do a disservice in referring you to a lawyer.

Local bar associations usually maintain a lawyer referral service, which can be employed in directing you to appropriate legal counsel. Specific information on these services can be obtained by calling or writing to the bar association in your area. They are usually listed in the telephone directory under “Association” or “Professional Organization.” The referral services typically involve a brief telephone discussion with a lawyer who reviews the general facts and refers you to one or more lawyers handling such cases.

Although this service does help in narrowing your search for the proper lawyer, it gives little aid in measuring a lawyer’s eagerness, character, and integrity. All lawyers are required to meet the standards of the Code of Professional Responsibility, such as zealously representing you, safeguarding your confidential discussions, and providing competent legal services. You need to find a lawyer who measures up to these standards.

As a supplement to their referral services, the bar associations in many cities provide taped lectures over the telephone. This is a good program for providing some basic legal information to the public. The taped lectures usually run from five to fifteen minutes and cover a variety of subjects such as criminal law, divorce, landlord/tenant relationships, and much more. The law tapes can be a valuable resource for helping you understand your legal problems and make informed decisions to seek legal advice. You can usually find these services in the telephone directory under such names as “Lawline,” “TeleLaw,” or the like. Also, you can generally contact your bar association for information on these law tapes.

As you can see, your local telephone directory is a very good source to use in locating a lawyer. The Yellow Pages, in particular, gives an extensive listing of lawyers and law firms. These can typically be found under the heading of “Attorneys” or “Lawyers.” Many Yellow Pages listings present basic information such as telephone numbers, office hours, fee schedules, and areas of concentration.

Legal directories, publications, and community organizations are additional sources for help in finding a lawyer. Many large urban areas have directories of lawyers, which often give information on both educational background and training. Legal magazines and newspapers frequently carry articles and advertisements by and about lawyers, which may be useful to you. Community organizations such as neighborhood centers, local chapters of the American Civil Liberties Union, legal aid societies, law school clinical programs, consumer agencies, and tenants associations can also be excellent references.

In many areas, legal services plans can provide relatively inexpensive legal services for monthly membership fees of about $10–$20. Many employers, unions, and associations offer legal services plans as part of their benefits packages. Legal services plans typically provide a list of plan lawyers who are available to you for handling some simple, routine legal matters at no additional cost. Examples of some normal services are the following:

• legal consultation and advice in person, by phone, or mail during normal business hours;

• legal letters and phone calls on your behalf;

• preparation of a simple will;

• review of documents, such as leases, real estate papers, contracts, etc., up to a specified number of pages;

• advice in representing yourself in small claims court;

• advice on your rights under government programs, such as Social Security and veterans’ programs; and

• emergency bail service.

Check the telephone directory or your employee benefit manual for legal services plans that may be available in your area. Directories of legal services may also be available on the online computer services such as CompuServe, Prodigy, and America Online.

Legal clinics can also be a source for relatively inexpensive routine legal services. These clinics usually handle high volumes of simple cases such as bankruptcies, wills, uncontested divorces, personal injuries, and many others.

Your search for legal counsel should always focus on finding the right lawyer for you. This necessarily will involve an evaluation of many factors, such as the lawyer’s reputation, experience, loyalty, personality, and fees. You should always choose a lawyer that you can afford and trust.

You should try to find a lawyer who is experienced in handling cases such as yours. This is especially true in cases involving complex areas such as taxes, patents, malpractice, immigration, commercial activities, and other specialized areas.

It is important that you find out as much as possible about a lawyer before retaining him or her. Explore the lawyer’s reputation in the community and with former clients. Is the lawyer honest and loyal to clients? Is the lawyer responsible and conscientious about his or her work? To assist you in answering these questions, ask the lawyer for references and then contact them to investigate the lawyer’s reputation.

It is important that you review and understand fully all financial aspects of your case with your lawyer. You should get information on the lawyer’s fees, witness fees, court costs, and other charges in writing from the lawyer in advance. Avoid lawyers who are unwilling to discuss fees and charges up front. Try to get the lawyer to handle your case on a contingency basis, if possible. On this basis, you only pay your lawyer a percentage (typically one third) of your actual recovery. Lawyers typically handle accidents, personal injury, property damage, col...