Free Legal Tip No.2: what type of help do I need?

Do you need legal advice? Do you need counseling? Do you need pastoral care? Do you need a mediator/arbitrator? Do you need a financial or tax advisor? This post is about how to determine what type of professional services you may need.

We all hope that we will never need "professional help." Most of us, however, will need professional help at some point in our life. Since professional services rarely come free, most of us would prefer to pay for only those professional services we actually need, but how do we really find out what those are?

First, it would be wise to start by identifying and examining your needs/desires. If you are starting a business, then you probably do not need emotional or trauma counseling (unless you are really stressed out by the prospect of starting a new business), but you will likely need legal, business, and/or financial advice/services. On the other hand, if you are a soldier returning home with post-traumatic stress disorder, then trauma counseling may be just what you need most.

Second, it would be wise to research who offers professional services/counseling that addresses the needs/desires that you have identified. If you are suffering from a heart attack, then an attorney will rarely help with your physical symptoms. If, however, your heart attack began when your vehicle was struck by a drunk driver, then an attorney may be able to help you obtain funds to cover your medical expenses and vehicle damage from either the drunk driver, his insurance company, or from your own insurance company (under an uninsured/under-insured motorist claim, for instance).

Third, it's always a good idea to decide which professionals to see in what order. In our heart attack example, it's probably a good idea to see a heart doctor at the hospital to address your medical needs and stabilize your condition before you go see an attorney about getting money to
pay your medical bills.

This may all seem obvious, but we have used clear-cut examples. Sometimes the line between the services offered by professionals is blurry. For instance, what if your spouse served you with divorce papers because he mistakenly believed you cheated on him? Believers might seek pastoral counseling to decide what God's Word encourages them to do. Marriage counselors also may try to help married couples deal with the emotional and psychological situation, and attorneys (legal counselors) may try to help the couple negotiate the terms of their reconciliation or separation. Anytime a couple reconciles, separates, or divorce, there are legal issues involving their material possession, wealth, and how to share or divide them (depending on whether they are reconciling or separating). Mediators are also useful to facilitate agreements between the couple, and financial/tax advisors can help deal with economic considerations.

Does every married couple need the services offered by all those professionals? The answer is that, while it is not necessarily true that they will need all the aforementioned services, it is possible that they will need some or all of them. How does our married couple know which professionals they need to consult about their issues? Remember our 3 steps above, and give careful consideration to them: (1) identify and examine the issues/problems; (2) research what professionals offer relevant services; and (3) decide who to see in what order.

A few tips on the first step:

• Be thorough in identifying the issues (sometimes it is human nature to ignore painful issues);
• Examine them carefully to see whether they are physical/medical issues, emotional issues, psychological issues, spiritual issues, financial issues, business issues, and/or legal issues;
• Be certain not to try and limit issues to being just one type of issue when it might fall under several categories; and
• Prioritize the issues by importance.

Once the first step is complete, keep the following in mind when handling step no. 2:

• Research does not have to be complicated - check first with people you trust that may be able to refer a professional s/he used in the past that provides the services you need;
• The Internet can be a valuable resource, but it should not be the end of your search - try to talk to the professionals you find in person or at least on the phone before retaining their services;
• Your insurer/employer can often provide referrals, especially to professionals covered by any insurance policies/employment benefits;
• Don't forget to research professionals for each type of service you may need;
• Research price upfront;
• Ask questions of any professional you hire;
• Be wary of professionals recommending other professionals (i.e. are they paid for their referrals by the recommended professional?);
• Get second or even third opinions/estimates;
• Get your agreement with the professional in writing; and
• Seek wise counsel.

Regarding step no. 3:

• Make certain you are in a healthy physical/spiritual position first;
• Prioritize your goals - sometimes certain things (especially in the legal and financial/business realms) have to be done within a certain time-frame or you lose/waive some right or thing, while other things that may seem most important to us can be handled just as well after seeing to things that involve time constraints;
• Keep an eye on the cost of services you receive (it rarely helps to get half of the services you need because you failed to budget for or negotiate services that you can actually afford or finance);
• While counseling for your mental and emotional health is great, do not let your legal rights go unprotected or otherwise expire while seeing a mental health professionals (otherwise you are just going to add more stress to your already impaired mental condition - remember that your psychologist does not necessarily understand that your legal rights may be waived by inaction or delay);
• Try, if you can, to think ahead and plan for the long term.

Example1: If you are chemically dependant on drugs, you may not want to get into trouble with the authorities, but you need to seek medical help first. Legal advice does little to help dead people (even estate planning must be completed, typically, while you are still alive). However, if the doctor says your condition is stable, you might want to delay checking into that rehab clinic for substance abuse counseling until you have spoken with an attorney (you might want to know, for instance, whether entering rehab will constitute a confession of illegal drug use that can subject you to criminal penalties or cost you your job). Also, talking to a financial advisor might be a good way to find out if financing that rehab clinic will put you into bankruptcy. There may be more cost-effective alternatives to that clinic in Beverly Hills you heard about on Entertainment Tonight. Also, will your treatment expenses be deductible on your next tax return?

Example 2: If you have kids, one of whom is disabled, and you are not in good health, then you probably need to consider estate and tax planning (I don't advise anyone to wait until their health is bad to do estate planning). First, you need to be alive long enough to do the planning, so check with your physician first. Second, your condition (and also the disability of your child) is a red flag that you might need to do some medicaid planning (tricky stuff). Attorney offer estate and medicaid planning advice/services. Some estate planning attorneys will do your gift/estate tax and other tax planning themselves, especially if it is a smaller estates. Other times, the attorney may need to consult a tax professional or accountant when planning your estate. However, accountants and tax professionals cannot do your estate plan alone, so it's best to go to the attorney first. If the attorney will need to consult with another professional, then you may want to inquire about the costs involved. Perhaps you can negotiate the fees or even recommend a more cost-effective provider. Finally, you may need to consult with a mental/emotional care provider (i.e. counselor, therapist) to deal with the stresses and anxiety of planning your estate (some people are really disturbed by the process of planning for death). Your church elders/pastors, if wise and faithful, can likely help you in different ways at every step of this process (by recommending professionals, by praying with you, and by helping you weigh the options).

***Disclaimer: I am an attorney, but I am not YOUR attorney, meaning that the advice in this blog post is general advice for the masses and not tailored to anyone's specific needs/concerns/issues. I advise anyone with a legal question or a conflict to speak with an attorney and give that attorney the benefit of all the facts. Obviously, the best legal advice will come from a skilled and trustworthy attorney fully acquainted with the situation you are facing rather than someone offering legal tips on a blog.

Free Legal Tip No. 1: Avoid Court by Making Peace

If you are reading ATI (this blog), then you most likely believe that Jesus Christ is the son of God, made flesh, and sacrificed for our sins. Assuming this is true, then you should be aware that Jesus had a few things to say about resolving conflicts. I am writing this post not only because I am interested in the subject personally and professionally, but also because I believe that many if not most churches have dropped the ball in this area.

To start the ball rolling again, lets look at Christ's words:

" 15If your brother sins against you, go and tell him his fault, between you and him alone. If he listens to you, you have gained your brother. 16But if he does not listen, take one or two others along with you, that every charge may be established by the evidence of two or three witnesses. 17If he refuses to listen to them, tell it to the church. And if he refuses to listen even to the church, let him be to you as a Gentile and a tax collector. 18Truly, I say to you,whatever you bind on earth shall be bound in heaven, and whatever you loose on earth shall be loosed in heaven" (Matt 18:15-18).

"Blessed are the peacemakers, for they shall be called sons of God" (Matt 5:9).

These verses are famous. Notice, these scripture are not directed at non-believers. They are a command to children of God to resolve their disputes in a way that is different from how the secular world resolves its disputes. When was the last time you heard of or saw someone take a dispute before the church body or leadership? Again, many churches have dropped the ball, but so have many believers. After all, the process starts with the believer, not with the church.

First, Christ advises us to attempt to resolve disputes among believers privately, by discussion between just the persons involved (see Matt 18:15). If a private discussion does not resolve the dispute, then Christ advises us to bring it before 1 or 2 other believers (Matt 18:16), but if the conflict continues, then Christ advises us to take it before the Church (Matt 18:17). Where someone refuses to listen to the Church, Christ advises us to treat him in the same fashion as a non-believer (Matt 18:17). Regardless, Christ has taught us that those who seek first to make peace shall be blessed (Matt 5:9).

As an attorney, I often see people, even believers, taking others to court. Often, the decision to sue someone is a person's immediate reaction to a conflict/dispute, and that is unfortunate. It is true that I get paid to handle litigation (civil lawsuits), but it is also true that I get paid to help people find less expensive, less damaging ways to resolve their problems. My favorite method is "Christian conciliation," which is a fancy way of saying: resolve your disputes Biblically!

There are many reasons to look to the Bible when presented with a dispute. The first is, obviously, to please, honor, and glorify God. Every conflict/dispute is an opportunity to for those involved to glorify God by following His Word. A second reason to resolve a dispute Biblically is that the Bible promises that persons striving to make peace will be blessed (Matthew 5 does not qualify that statement). Probably, any remaining advantages to Biblical resolution of disputes/conflicts flow from that blessing. However, to be more specific, there are three more really good reasons to resolve your disputes Biblically: (1) it works; and (2) it focuses on reparining damaged relationships not just chasing money; and (3) it is almost always cheaper/more cost-effective than going to court.

The following is a common fee structure for a superior court in Georgia: $85 to file for divorce; $80 for other civil actions (including business disputes and personal injuries); and $25 each time the sheriff has to serve someone with process (at least once per each defendant in a lawsuit). These fees are in addition to those of your attorney. Attorneys handle most cases on an hourly rate or a flat rate based on a projected number of hours at an hourly rate, so the longer it takes to resolve your dispute, the more it will cost you.

Litigation begins with the filing of a complaint and continues through judgment and all appeals. This process can take years to complete. The discovery (investigation) phase alone can last up to 6 months or more. While litigation might result in you receiving a money judgment, there is never a guarantee you will win. If you lose, then you are worse off than when you started. If you win, you may still get a judgment for an amount less than the cost of bringing the lawsuit, making the lawsuit a waste of time and money. Even if you get a huge judgment, it has to be collected, and it is tough to "squeeze blood out of a turnip," so to speak.

So, what is the Biblical alternative? First, try to work out your disputes privately, just like Christ encouraged. Often, conflicts can just be "taked out." Sometimes, in more difficult situations, negotiation resulting in a written agreement can be used to both prevent and settle disputes (it is often helpful, even at this stage, to get a legal professional to actually draft any written agreements to ensure that they will work in court, but you can also do it yourself).

If you cannot resolve a conflict with a fellow believer privately, then get a couple brothers/sisters from church to listen to all sides and help you work out the dispute. If that doesn't work, then get your pastor and the church involved. Surely you trust men and women of God to judge your dispute more than you would a secular judge/jury?

If none of these options work, then Christ tells us treat that opponent as a non-believer (assuming s/he is a believer to begin with). When that happens, it is time to discuss your options with an attorney (if you have not done so already). Remember, if you truly cannot afford to hire an attorney - there are non-profit organizations like Legal Aid available to assist you.

A good attorney will listen to your problem and walk you through the pros and cons of each option available to you (as opposed to just telling you what to do with no explanation). A good attorney should also advise you that there are alternatives to litigation and courts, even when dealing with non-believers. Your attorney can often negotiate a settlement or help you in obtaining a mediation or arbitration of the dispute. Mediation involves sitting down with a skilled mediator who listens to both sides and helps them find a mutually agreeable solution to the problem that the parties sign off on as a legally binding settlement. Arbitration is an alternative to litigation and trials where an arbitrator hears both sides and issues and issues a legally binding decision (much like a judge).

If you hire a Christian attorney (I know we're rare, but we do exist), then he will (hopefully) introduce you to Peacemaker Ministries (http://www.peacemaker.net/), which provides believers with Christian mediation and arbitration services that will focus on repairing the relationships involved rather than just the conflicts.

As a last resort, you can still take your opponent(s) to court. Christ advises us treat believers who refuse to resolve their disputes Biblically as though they were non-believers. Sometimes, it is best to "turn the other cheek," but this does not always result in making peace. Peacemakers are blessed, not peacefakers (the term "peacefaker" was coined by Ken Sande, president of Peacemaker Ministries and author of "The Peacemaker").

Ignoring a continuing, ongoing dispute is not making but faking peace by turning a blind eye to the conflict. There are disputes that have to be actively resolved, and "turning the other cheek" does not mean that we can just ignore all our problems until they go away. I could write a whole post on discerning which disputes can be overlooked and which ones cannot, but suffice it to say that there are disputes/conflicts (such as physical abuse, marital strife, employment disputes...) that must be resolved and cannot be overlooked if peace is to be made. When such a conflict arises, it is always wise to seek the Lord's will first. It is also wise, when someone is physically hurting you, to immediately seek legal counsel and judicial intervention to keep you safe until a solution is found and peace can be made.

Whatever you decide, remember that, as a Christian, we must consider both what gives glory to God and what will result in peace. Often the best way to discern what will give God glory in a situation is to read His Word, mediate upon it, and to pray. God will lead you out of the darkness.

Bottom line: going to court isn't cheap, and while it might get you some money, it rarely glorifies God or repairs any damage to the relationships involved. Also, there are usually alternatives available that are more efficient and cost-effective.

***Disclaimer: I am an attorney, but I am not YOUR attorney, meaning that the advice in this blog post is general advice for the masses and not tailored to anyone's specific needs/concerns/issues. I advise anyone with a legal question or a conflict to speak with an attorney and give that attorney the benefit of all the facts. Obviously, the best legal advice will come from a skilled and trustworthy attorney fully acquainted with the situation you are facing rather than someone offering legal tips on a blog.