Hiring An Attorney
Hiring Attorneys to Win Court Battles
The legal system in our country is complex. It is also a minefield. A legal battle is expensive and fraught with danger. Even with the best facts and defense, you can still lose. Have I scared you yet? Are you still feeling good about your situation? Before you think about going to court, you need to step back and take a deep breath. You also need to be thinking clearly, very clearly.
My Story
In the mid-1990's, I got involved in a legal battle over my name - AsktheBuilder. To make a long story short, I ended up winning the battle. But, I spent all of my savings to do it and went into deep debt at the same time. In fact, the battle almost caused the entire collapse of my AsktheBuilder career.
An individual in California claimed he had rights to the name and had actually registered for a Service Mark with the Patent and Trademark office. I had used to name first in interstate commerce and was awarded the rights to the name.
The crazy thing about the story is that I had actually won the battle in the first 14 days of the 18 month ordeal. But the high priced attorney I was using didn't realize it. He made a huge mistake, that I later discovered 15 months and $12,000 in fees down the road. Fortunately, I challenged the law firm and they admitted through their settlement with me that they had indeed goofed up. They ended up paying the individual a huge sum of money to settle and they canceled another $15,000 in fees that I had accumulated. Can you believe that? A simple battle over a name could have cost me in excess of $50,000.
Selecting an Attorney
You have decided to fight for what is right. So how do you select an attorney that will give you the best chance of success? You have to do this with great patience and resolve.
Most people are intimidated by attorneys. Trust me, they are just like you and I. There are great attorneys, decent ones, and losers. It is the same in every profession.
Write Down the Facts
The first thing you need to do before opening the Yellow Pages is to write down the facts of your case. Do it in chronological order and use bullet points or phrases, not some 10,000 word manuscript.
Give this finished document to a person who is not familiar with your situation. See if they understand it. If not, revise it. With this completed history, you can now begin to interview attorneys. Yes, you are going to interview them, not the opposite!
Experience and Batting Average
Contact attorneys that deal in residential construction contract law. Ask them this right up front. Attorneys specialize in all sorts of different stuff. Some are real estate lawyers, others are divorce specialists, some are tax lawyers. Get the point? You want one who fights over contract disputes day in and day out.
You are looking for one that has at least 10 years of experience in this field. You do not want to be on-the-job training for a young lawyer. Once you have found a person with these minimal qualifications, show him/her your fact sheet. Sit quietly and wait for questions.
After the attorney talks with you about the case, ask him/her what is involved in the process. WRITE down on a pad of paper the responses. This is CRITICAL. The attorney will take note and see that you are a pro. If you have to ask for more time to write, do so. Ask about costs. What will it take to go through the entire process. Write down the responses!
Finally, ask about his/her batting average. In other words, find out how many cases similar to yours this person has worked on. Ask about the final result of each and what it cost to get there. Ask how many actually went to trial. I'll bet it is less than 5 percent.
You need to have a pro, one with experience and one that knows HOW to win and/or achieve a rapid settlement. Don't settle for less.
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