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.