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Importance of Law in Society

Law is very important for a society for it serves as a norm of conduct for citizens. It was also made to provide for proper guidelines and order upon the behaviour for all citizens and to sustain the equity on the three branches of the government. It keeps society running. Without law there would be chaos and it would be survival of the fittest and everyman for himself. Not an ideal lifestyle for most part.

Society is a ‘web-relationship’ and social change obviously means a change in the system of social relationship where a social relationship is understood in terms of social processes and social interactions and social organizations. Thus, the term, ‘social change’ is used to indicate desirable variations in social institution, social processes and social organization. It includes alterations in the structure and functions of the society. Closer analysis of the role of law vis-à-vis social change leads us to distinguish between the direct and the indirect aspects of the role of law.

The law is important because it acts as a guideline as to what is accepted in society. Without it, there would be conflicts between social groups and communities. It is pivotal that we follow them. The law allows for easy adoption to changes that occur in society. Leading law firms, among them provide assistance that helps protect individuals’ rights and liberties, thus ensuring a more equitable society.

1. Law plays an important indirect role in regard to social change by shaping a direct impact on society. For example: A law setting up a compulsory educational system.

2. On the other hand, law interacts in many cases indirectly with basic social institutions in a manner constituting a direct relationship between law and social change. For example, a law designed to prohibit polygamy.

Law plays an agent of modernization and social change. It is also an indicator of the nature of societal complexity and its attendant problems of integration. Further, the reinforcement of our belief in the age-old panchayat system, the abolition of the abhorable practices of untouchability, child marriage, sati, dowry etc are typical illustrations of social change being brought about in the country trough laws.

Law is an effective medium or agency, instrumental in bringing about social change in the country or in any region in particular. Therefore, we rejuvenate our belief that law has been pivotal in introducing changes in the societal structure and relationships and continues to be so.

Law certainly has acted as a catalyst in the process of social transformation of people wherein the dilution of caste inequalities, protective measures for the weak and vulnerable sections, providing for the dignified existence of those living under unwholesome conditions etc. are the illustrious examples in this regard. Social change involves an alteration of society; its economic structure, values and beliefs, and its economic, political and social dimensions also undergo modification. However, social change does not affect all aspects of society in the same manner.

While much of social change is brought about by material changes such as technology, new patterns of production, etc., other conditions are also necessary. For example, as we have discussed it before, legal prohibition of untouchability in free India has not succeeded because of inadequate social support.

Nonetheless, when law cannot bring about change without social support, it still can create certain preconditions for social change. Moreover, after independence, the Constitution of India provided far-reaching guidelines for change. Its directive principle suggested a blueprint for a new nation. The de-recognition of the caste system, equality before the law and equal opportunities for all in economic, political and social spheres were some of the high points of the Indian Constitution.

                                                   The Relationship between Law and Society

Theorists have traditionally maintained that there are certain broad views on the substantive criminal law. One set of such constraints concerns the sorts of behaviour that may legitimately be prohibited. Is it proper, for example, to criminalize a certain kind of action on the grounds that most people in one’s society regard it as immoral? The other set of constraints which concerns what is needed in order to establish criminal responsibility that is liability, independently of the content of the particular statute whose violation is in question.

Legal system reflects all the energy of life within in any society. Law has the complex vitality of a living organism. We can say that law is a social science characterized by movement and adaptation. Rules are neither created nor applied in a vacuum, on the other hand they created and used time and again for a purpose. Rules are intended to move us in a certain direction that we assume is good, or prohibit movement in direction that we believe is bad.

The social rules are made by the members of the society. Disobedience of the social rules is followed by punishment of social disapproval. There is no positive penalty associated with the violation of rules except excommunication or ostracism. On the other hand, law is enforced by the state. The objective of law is to bring order in the society so the members of society can progress and develop with some sort of security regarding the future. The state makes laws. Disobedience of state laws invites penalty, which is enforced by the government by the power of the state. What is not enforceable is not Law.

Importance of Law and Why Do We Need Laws?

For anything to run acceptably and smoothly, it needs to follow certain principles and regulations. The importance of law is never understood unless there is a riot or unrest in society. Then people realize that there needs to certain rules and regulations that need to set up for society. Then society can smoothly and peacefully.

Importance of law in society

For a society to run smoothly and without any problems and riots, it needs the main order. Some rules and regulations need to be set to maintain justice and equality in society. If we look in history, countless wars and battles have been there among the human races due to the difference. They had in their beliefs, caste, and creeds. Many of the wars would have been not been there. If the people chose to talk peacefully and set up rules to live in harmony with each other.

In the century, we had two world wars where there were casualties and losses on both sides. The conclusion was differences will always be there and we cannot force anyone to follow what we believe in. Slowly, we learned that we should learn to tolerate one another. Now, we have proper law in our society which tells us how to interact with people within it. It accommodates people with different culture, background, and ethnicity and tells to live in harmony with each other.

Importance of law in education

Education is one of the basic needs of people living in any era.  Children learn different subjects in schools. Later, they enter college and then universities to pursue their passion and interests. It is not always smooth sailing among these three stages. Some educational institution preaches knowledge in such a way that it incites violence and hatred against a particular entity like religion or community.

So, laws need to set up to stop such institutions from spreading unrest in society. The children who are educated in these institutions are more prone to believing only the things they are told without investigating further about what they are told. These children start to harbor hatred and violence against some groups and communities in society. The violence shifts from verbal to physical and then to armed. The riots and violence in society grow, fueling hatred among different communities. This is the reason why we need to set up laws for the institution to respect certain policies that prevent such unrest and conflict in society.

Importance of law in business

Ethical and moral values must be upheld in business. Business means to make profits for the company or the brand making the products. But the company or the brand must make sure that their business policies do not cross the boundaries that are made in the law. These include many problems if a company chooses to use cheaper ingredients to make products which result in hazard for the health of the customers. Another example would be selling products at higher rates than assigned by the government. In such cases, action needs to be taken against these companies and brands.

Business needs to have certain laws to stop people from stealing capital from each other. In the digital age we live in, we need to come with strict and unique laws to prevent people to commit fraud against the people who make living through hard work. Since the world has grown in a much different way than before so the laws need to be made accordingly. For instance, when someone creates content on YouTube using their resources and someone uses the same video to snatch views which gives money to the staler rather than the original content creator. YouTube has made a system of copyrights to remove profits from the non-original video rendering the video useless for the staler.

Similarly, in terms of digital business, many other laws are made which regulate order in society. The people in business should work on improving their products, rather than demeaning and ruining the products of their competitors. Laws should also be made to punish such people to keep the market transparent and properly working for other people who are following rules and regulations.

Importance of law in politics

Democracy is the most common system of government in the world. People choose to vote for a certain person based on the person’s manifesto and previous record. Before voting there is campaigning for different candidates who want to contest for the open position in the government. Each candidate runs their campaign, presenting their manifesto and promising to work for the betterment of society. Although the cause is very noble, some people take this competition too personally and go to every extent just to win the elections.

There are others, which only promise about making things better for people while their true intentions are to make money and fill their own pockets. The importance of law in politics is that it makes policies against such people who frame other people and exploit them personally to win in the elections. Law also includes accountability for the people who do not work for the people but only choose to grow their bank accounts. After confiscating the money from them, they are also fined and heavily punished for their deeds.

The government can only make the life of their citizens better if it has a good system of accountability and it keeps check on the politicians whether they are handling their responsibilities well or not. This can only happen when there are strict laws for everyone who is in the government, no one is higher than the law. Principles and rules are meant to be followed, it does not matter whether one is the president or an assembly member. The system of accountability is the same for everyone, irrespective of their status, belief, or color.

Importance of law in national development

To develop as a nation, the nation needs to make laws to make its society a better place to live. It needs to create laws to make sure that there is no rigging in the elections to make sure there is transparency in politics. The candidates that are selected through the election, through transparent means deserve to sit in the government. The nation also needs to make laws to promote education peacefully and harmoniously.

Through education, the children will learn that it’s normal to have a difference among multiple cultures and ethnicity. Education will help the children to become tolerant and smart citizens. Apart from education, the nation also needs to implement laws to ensure that businesses do not violate health or ethical values while trying to make profits. Strict actions should be there to set examples for the people. When society, education, business, and politics start running according to the defined law, there will be peace and harmony among the society.

10 Reasons Why Law Is Important

“Law” is a system of rules designed to regulate behavior in both public and private society. Social and/or governmental institutions create and enforce these rules. Humans have been making laws for thousands of years. Early examples include ancient Egyptian law, Babylonian law, ancient Chinese law, and Old Testament law. There are many categories of law, including criminal law, civil law, and so on. Why does law matter at all? Here are ten reasons why:

#1 Laws set the standard for acceptable (and unacceptable) behaviors

At its most basic, the law is about mitigating conflict. When creating laws, societies reckon with what drives conflict. Some things – like murder and theft- are obvious and have been included in laws stretching back to ancient times. However, as time goes on and societies change, what’s considered acceptable changes, too. Legal systems adapt so they can provide clarity and context for unacceptable actions. They also offer guidelines for appropriate consequences.

#2 Laws provide access to justice

If it’s against the law to punch someone in the face, someone who gets punched can do something about it other than simply swinging back. In a perfect world, justice is equal. It doesn’t matter who got punched or who did the punching. What matters is that the law against punching was broken. Everyone in a society – and not just a privileged few – must have equal access to justice through the law.

#3 Laws keep everyone safe

Laws don’t only respond to injustices and harm. They work to prevent them. Food safety laws are a prime example. In the past, the food industry was horrendously unregulated. In the 18th and 19th centuries, American food producers went to extreme measures in their quest for profit. They watered down milk and stirred in materials like chalk for color. They mixed dirt into coffee, tea, and spices and added lead to beer and wine. In 1906, President Roosevelt and Congress passed the Pure Food and Drug Act, as well as the Meat Inspection Act. This marked the beginning of modern food safety and monitoring. Today, food safety laws protect the public from potentially-fatal food poisoning.

#4 Laws protect the most vulnerable in society

Many laws are specifically designed to protect certain groups of people. Laws like the Civil Rights Act (the United States) and the Sex Discrimination Act (Australia) make it illegal to discriminate. These types of laws protect what’s known as “negative rights,” which is the right to be free from something, like discrimination. Anyone can be discriminated against, but as history shows, certain people are more at risk. Laws designed to prevent discrimination based on race, sex, gender, religion, and more protect these groups and give them better access to justice.

#5 The process of creating laws encourages civil and political engagement

As societies change, laws must change, too. Advancements in technology are a prime example of why. In recent times, the distribution of sexually explicit images or videos of individuals without their consent has become a major issue. According to one study, around 10 million Americans have had explicit photos shared without consent. While there are state laws, there is no federal law. In Australia, an electronic petition called upon the A.C.T. Legislative Assembly to criminalize the distribution of sexually explicit images or videos of individuals without their consent. The Assembly listened. This is a great example of people engaging with the law-making process and making law matter as issues evolve.

#6 Laws offers people a variety of career options

As a career, law is varied and versatile. Because there are so many different areas of law, there are hundreds of job options. Lawyers can specialize in everything from contracts to immigration to criminal law. A person can also become a professor of law, while there are also jobs for paralegals, consultants, and researchers. The legal system is big, so there is room for all kinds of skills and expertise.

#7 Laws are important to maintain peace

Earlier in this article, we touched on how law is essentially about mitigating conflict. That makes law essential to maintaining peace. This is because injustice fuels conflict. If destructive behaviors are allowed to flourish without remedy, people will suffer and become dissatisfied with their government. If justice is applied unequally, this also fans the flames of conflict. For the sake of peace, societies need to strengthen their rule of law and ensure that it’s fair.

#8 Laws are important for social progress

We’ve discussed how legal systems should adapt and evolve with the times. If laws remained stagnant, so would societies. Throughout history, law has been employed as a tool for social change. It was laws that made slavery, segregation, and apartheid illegal. Laws prevent people from getting fired from their jobs because of who they marry or because of a disability. The concept of law as a mechanism for social change is complicated because if the majority of a community doesn’t agree with the law, it’s likely that the law won’t be enforced. However, having a law on the books gives people more power than if the law didn’t exist at all. It’s an important step (though not necessarily the final step) to real social change.

#9 Laws make human rights a reality

Supreme Court Justice Sonia Sotomayor once said, “I firmly believe in the rule of law as the foundation for all our basic rights.” Basic rights are the human rights that everyone is entitled to. This includes the right to life, the right to marry, the right to be free from discrimination, and more. These are listed in the Universal Declaration of Human Rights, but that document is not legally binding. To make human rights a reality, they have to be protected through laws. Without law, human rights would be an abstract concept. If you would like to learn more about human rights, consider studying a masters.

#10 Laws are not always good for society

The fact that law can be used to harm is the last reason why it’s so important. Laws are not always beneficial to society or they’re only beneficial to a select group. Governments often use laws to increase their power and punish critics. Laws can also be problematic when they fail to address the root causes of a problem and even end up making it worse. Fines, which are meant to encourage people to follow laws, can add up to the point of putting people in debt and criminalizing poverty. The war on drugs is another key example of how laws can hurt people. Instead of treating drug addiction as a public health issue, laws have turned it into a criminal one. In these cases, laws end up violating human rights instead of protecting them.

What Is The Purpose Of Law & Its Functions Within A Society?

Why is law important?

Why is law important

Law essentially draws the line between what is deemed acceptable and what is unacceptable within a society. Even though norms, customs, and traditions also draw lines, crossing those lines does not necessarily have any consequences.

Whereas, laws are enumerated, codified, and most importantly, enforced. A person who breaks the law has to suffer legal consequences in the form of penalties, imprisonments, and in extreme cases, even death sentences. A court provides a fair opportunity to the person to defend himself.

Importance of laws in society

  • Legal rules, regulations, and norms are put in place to serve as guidelines for the people of a society to follow. For example, there are safety laws established by the government of Texas in order to avoid car accidents.
  • These guidelines influence how people conduct themselves, ensuring that people belonging to different social groups can co-exist without conflicts.
  • The legal system serves as a set of rules and behavioral protocols for not only the people of the country but also help maintain balance and equivalence between the three federal branches of the government- Legislative, Executive, and Judicial.
  • Law allows a society to grapple with and gradually accept even the most monumental of changes.

Irrespective of the fact that whether law enables a society to adopt major changes or not, it can be said with certainty that law does perform all three of the functions mentioned before.

Impact of laws and their proper enforcement

All you have to do is read this research paper, and you will be able to understand the impact laws, such as private property rights, have on the economic growth and prosperity of the region. Proper enforcement of such laws is often directly attributed to the economic development of the region. And it is clear why. No one will open a business in a place where they are not allowed to own the premises or they can be pushed out anytime by anyone.

Function and purpose of law in society

Purpose and Function of Law in Society

Anarchy can pretty quickly take over in the absence of law. Societies are capable of taking an uncivilized turn if there are no legal consequences enforced on the actions of people. Below are some fundamental functions that law fulfills in a Society:

  • Laws are created, essentially, to keep the citizenry of a country, out of harm’s way. Hence, the crucial function and purpose of law are to keep the citizens safe and sound. This is accomplished by maintaining order in society. Thus, the legal system is designed to uphold order in the land.
  • Law protects individual rights and liberties, enabling individuals to fight for and receive equal opportunity. Laws function to establish standards within the society. The law guarantees protection to individuals from any unfair discrimination based on gender, race, religion, or economic condition. Under the law, all citizens of a nation are considered and treated equally.
  • Another major function of the law is to resolve conflicts among people concerning their rights and obligations. Contract law, for example, governs the behavior or norms that people have to adhere to enter into a contractual relationship with each other, where they perform duties for one another and/or receive certain rights from each other.
  • Common-Law exists to serve some collective purpose for society as a whole. It is because in a world with finite resources, not everyone has equal access to the essential resources, creating a natural disparity. People may try to hoard resources. Therefore, laws are put in place to ensure that the common good prevails and wealthy individuals are not allowed to unilaterally control essential resources.

Law in a societal context

Law manifests in the form of legal rules and decision-making in society. These rules and decisions are grounded in context. Law does not function in a vacuum, outside the realm of society. Legal rules are very much ingrained within the societal condition. Articles such as these cover in further detail, all the major characteristics of law from a societal point of view.

Rule of law in the United States

The Federal courts are the pillar of the U.S. legal system. How the Federal Courts articulate the Rule of Law is as a principle that encompasses all people, institutions, and entities, making them accountable to laws that are:

  • enacted or adopted publicly;
  • enforced equally among the people;
  • adjudicated independently; and
  • in alignment with human rights.

Different kinds of law

If harm is brought to someone then such acts are codified in legislation. These legislations formulate the Criminal law that allows the state to prosecute the person charged with causing atrocity or harm.

The U.S. constitution has provided a framework that can be followed to create new laws. The constitution is also responsible for extending human rights protection. Even the framework through which we elect our political representatives is a gift of the Constitution.

Civil law is there to govern civil disputes between individuals and entities. Civil law is designed to regulate various types of civil disputes between individuals and entities, like personal injury cases that involve harm or injury caused by one party to another. Administrative law on the other hand is responsible for governing the decisions and actions taken by governmental agencies.

International law negotiates the dealings between nations. From environmental regulations to economic relations, and even military actions among countries are overseen by international law.

Laws influence all aspects of our lives

Laws influence all aspects of our lives

Laws impact all aspects of our public lives, and even some aspects of our private lives. Law is enforced with the help of social institutions. These institutions work as an enforcer of certain behavioral restrictions on the people. For example, marriage is a social institution that is also legally binding.

Laws are also capable of changing the direction of politics within the country while shaping the perception of the country outside. Apart from the directly impacting economy, the purpose of laws has an immense societal impact as they serve as a negotiator between people.

Hence, it is safe to say that society cannot function, let alone prosper without the presence of a sound legal system that is effectively enforced, equally within society. A strong legal system serves as the foundation of a happy and healthy society.

Questions to Ask Your Lawyer During a Consultation

Knowing that questions to ask your lawyer during this consultation can make finding the right attorney much easier. These should include:

1) What kind of experience do you have with similar cases?

You need to know how comfortable the lawyer is with cases like yours. While every case is somewhat different, the attorney will likely find some similarities between your case and a case s/he handled previously.

Related questions may include:

  • Where did you attend law school?
  • How long have you been practicing in Pennsylvania?
  • What types of cases do you handle?
  • How often do you handle cases similar to mine?
  • Can you tell me about a case you handled similar to mine? What was the result?
  • Do you have any client testimonials?

2) What would be your strategy for my case?

Most lawyers do not offer specific legal advice in an initial consultation, but s/he should explain the possible approaches to handling your case. S/he may also offer a general overview of the strategy s/he will follow.

Related questions may include:

  • What strategies have you used for similar cases in the past?
  • How long do you think this case could take using this strategy?
  • What are the pros and cons of this strategy?

3) Are there any alternatives to going to court?

Especially in personal injury cases, there is often a good chance you can avoid going to court. A lawyer will usually try to negotiate a fair and just settlement with the insurance company before resorting to filing a lawsuit. Even once you file a suit, mediation and arbitration may be possible. Both of these options can help you avoid going to court.

Related questions may include:

  • What percentage of your cases has settled out of court?
  • Do you consider yourself an effective negotiator?
  • Are you comfortable taking this case to trial if you cannot reach a just settlement?
  • Will you prepare my case for court even if you plan to settle out of court?

4) What are my possible outcomes?

Some lawyers may only tell you what you want to hear. The right lawyer, however, will give you an honest look at how your case may conclude. No lawyer can give you an exact value of your case or promise that you will reach an out-of-court settlement, but s/he can offer possibilities based on his/her experience.

Related questions may include:

  • Do see us running into any major issues?
  • What are our chances of avoiding a lawsuit?

5) Who will actually handle my case?

While you may meet with one lawyer, others in the legal office may work on your case. This often includes other attorneys and paralegals. You will want to know who your point of contact is within the office, and the experience of those working on your case.

Related questions may include:

  • Who should I call with questions about my case?
  • How often can I expect updates or reports? How will I receive these updates?
  • Will you represent me in settlement negotiations and/or court?

6) What is my role in my case?

Attorneys desire different levels of participation from their clients. Your attorney probably will not want you to talk to witnesses or the insurance company without prior approval, but s/he may need you to compile documentation of your injuries and other similar tasks.

Related questions may include:

  • What do you need from me to build the strongest possible case?
  • What should I avoid in order to win my claim?

7) How much will this cost me?

It is never fun to talk about money, but this is the time to do it. Most personal injury lawyers charge based on contingency. This means you pay nothing until you receive your settlement. There may, however, be another fee structure or additional fees you need to pay.

Related questions may include:

  • What is your fee structure? Contingency? Hourly? Flat fee?
  • Will there be any additional costs?
  • Can you give me an estimate of the total cost of my case?
  • Check out our bios to learn more about our team.

What You Should Look For When Hiring An Attorney To Represent You

Choosing an attorney should not be a decision that is taken lightly, especially since you are actually putting your future in the hands of someone else. To help with that selection process, there are certain criteria everyone should consider when looking for legal representation.

Experience
The importance of experience in an attorney cannot be overstated. This is extremely valuable in cases that wind up in litigation as you want a lawyer who has been there before. Experienced attorneys know what tactics to use and when to use them. There is also a lot of negotiation that goes back in forth in personal injury cases, so it is important to have the patience to know when to wait things out and when to have the decisiveness to settle. That all comes with experience. Lawyers who are experienced in local court systems also bring an added advantage, being so familiar with the lay of the land.

Skill/Specialization
When you find yourself arrested for a crime, such as a DUI, you want a criminal attorney who specializes in representing clients who face DUI charges. That kind of specialization allows clients to have the highest chance of success. Once you find a lawyer, who specializes in your type of case, then it’s time to examine their skills. Communication skills are essential in a good lawyer as you want to hire an attorney who can explain every detail of your case so that you full comprehend the entirety of your situation.

Availability
It is important to be able to get in touch with your lawyer when the situation calls for it. Hiring a lawyer, who is overloaded with clients, means that you probably will be limited when it comes to any one-on-one attention. Make sure that your lawyer is accessible and capable of answering your questions when it’s necessary. Many criminal cases and personal injury cases can introduce people to quite a bit of worry. Hiring a lawyer who is rarely available will only add to that worry.

Personal Touch
Adding a personal touch means taking a heightened interest in every client. That means adding a little more care and attention to every case. Lawyers who add that personal touch become invested in their clients. While many lawyers have developed a bit of a callous reputation, those who provide a personal touch manage to make a lasting impression by showing more attentiveness and dedication.

Bardine Law is ready to provide you with an injury attorney or criminal defense lawyer, who can meet all your legal needs. Our team will go that extra mile to provide you with a top-quality accident attorney.

THINGS TO KNOW BEFORE HIRING A LAWYER

Hiring a lawyer for the first time can be a very daunting experience.  Knowing what to expect when looking for a lawyer may help prevent hardship in the long run.  Hiring the right lawyer for you and your particular situation can make a big difference in the overall outcome of your case, and may make a big impact on your future.  Make sure you are looking for the right qualities in a lawyer.  Just like physicians or any other professionals, while there is a minimum standard they must meet to practice, some lawyers are better than others.  Below are a few criteria that you should consider:

1. Ask friends and family.  Word of mouth is the most common way that potential clients learn about lawyers they may want to hire.  Unlike advertising, you are able to gain a deeper insight into what an experience is like dealing with a particular lawyer.  When talking about lawyers with friends and family, make sure to ask as specific and detailed questions as possible.

2. Do some quick research.  Today, with the Internet it is very simple and easy to check an attorney’s background and experience.  Do a search for the attorney’s name and you might be surprised what you find.

3. Get a Feel for the Attorney’s Experience.  Before hiring an attorney, you need to know what he or she has done in the past, and the areas in which his or her practice concentrates.  It is not necessary that the attorney have overwhelming plethora of experience in your desired area; in fact, sometimes an attorney with a few years of experience can be more effective than a lawyer who has practiced in that particular area of law for a very long time.  Keep in mind also that just because a lawyer has been in practice for a very long time, it doesn’t mean that he or she has extensive experience in your desired area of law.  One type of law can be very different from another, and hiring a lawyer who matches what you are trying to accomplish is crucial for ensuring the greatest probability of a favorable outcome.  One lawyer may be great in one particular area, but cannot effectively handle a case in another area.

4. Understand the Attorney’s Style.  Attorneys are human beings first, and each has his or her own unique “bedside manner”.  Some are very gentle and diplomatic, and others are very aggressive and direct.  There’s no right answer here.  It is simply a personal preference, but one that can make a difference between a lasting professional relationship or a potential pitfall for breakdowns in communication between the client and the lawyer.  As well, each attorney has a unique style when it comes to handling his or her cases.  One of the purposes for an initial consultation is for the client and lawyer to get to know each other to determine if the representation will be a “good fit”.

5. Cost.  This may sound counter-intuitive, but cost, while still important, should be given the least weight when determining which attorney to hire.  Going through the phone book and hiring the lawyer who gives you the lowest bid can sometimes lead to disastrous results.  Just keep in mind that, often times, you get what you pay for.  Know whether the attorney is taking your case by the hour, on a flat fee, or on a contingency.  If hourly, then know what the attorney’s hourly rate is, and what policies the attorney uses in calculating your bill.  Knowing up front what these office policies are can avoid conflicts later.

A common practice in the legal profession is to require what is called a “retainer” for legal work.  In its most common usage, “retainer” often means a “special retainer”.  A “special retainer” is a deposit, held in the attorney’s trust account, on the Client’s behalf, to secure payment to the attorney as the legal work is completed.  Funds only transfer from the trust to the attorney upon a periodic itemized invoice (typically monthly) detailing the work performed during that period, and the remainder of the unearned funds remain the property of the client until they are properly transferred.

Hiring an attorney based on the least retainer amount required is a horrible idea.  The retainer has little or nothing to do with the attorney’s actual price.  The retainer amount has more to do with the amount of security that the attorney receives for payment during the course of the representation.  Typically, more successful attorneys will require a higher retainer amount due to a higher opportunity cost–that is, the potential opportunities to work for other clients (with guaranteed funds) that the attorney must give up in order to pursue work on your behalf.

We at Bardine Law offer FREE CONSULTATIONS for the purpose of giving the client a chance to try us out.  If you have a legal issue that you need help with, use our Contact Us on our page.

What You Can Expect from the Best Criminal Defense Lawyer

If you’re looking at prison time or a hefty fine, it’s a good idea to look into hiring the best criminal defense lawyer possible. You may have the ability to get a court-appointed lawyer if your income qualifies.

Simply put: the legal system is designed to make competently representing yourself in criminal trials almost impossible. Even if you have an abnormally high IQ, the system does not work in your favor. Hiring an attorney to represent you in your criminal trial is a necessity.

This article discusses:

What Does a Criminal Lawyer Do?

Because no criminal case is exactly like another, criminal defense lawyers are trained to pick out the parts of each case that make them unique.

In essence, they use their knowledge to find subtle evidence and reasons why you should win the case.

Also, the best criminal defense lawyer for you may be able to spot certain arguments and factors that could mitigate or even negate any potential crime. Even if you are guilty and the evidence is against you, they may be able to help you reduce fines and jail time.

Daily Responsibilities of a Criminal Lawyer

The day-to-day of being an attorney might not seem glamorous. Generally, it involves:

  • Contacting clients through email, phone calls, video calls, or in-person meetings
  • Reading case documents, evidence, and statutes (laws)
  • Taking notes on what would be helpful for the case
  • Forming a strategy for the case

While these activities may seem boring, they are the essential building blocks to making a strong case.

Criminal attorneys often spend months preparing for a case. The preparation can take much longer than actually being in the courtroom. This way, when the case goes to court, things can move as quickly as possible, and there are no surprises in the case.

What Specific Work Does a Criminal Lawyer Do That I Can’t Do?

After the research and strategy are done, a criminal defense lawyer has many jobs. While in court, they will call witnesses in your defense and cross-examine the prosecution’s witnesses.

They need to be dynamic and trustworthy, explain complex topics to a jury, and be prepared to discuss any aspect of the case. And this is just the beginning of the tasks ahead of them.

Specialties and Duties: Plea Bargains

Your criminal defense attorney may work with you and the prosecutor to negotiate a “plea bargain.”

A plea bargain can reduce your potential sentence or eliminate some of the charges brought against you. However, prosecutors are often unwilling to negotiate with defendants that represent themselves.

Specialties and Duties: Sentencing

Your attorney will figure out a good sentencing program for your situation.

If you’re found guilty, your criminal defense attorney may be able to change your sentence. Often, they are changed in a way that would prevent you from winding back in the criminal justice system.

For instance, instead of going to prison for ten months for a drug possession conviction, your criminal defense attorney may suggest a prison sentence of six months and then four months in a drug treatment facility. This approach aims to help you with the drug problem that landed you in trouble in the first place.

Specialties and Duties: Case Outcomes

As hard as it might be to hear, an attorney has the experience and training to provide you with a reality check.

Defense lawyers know what’s going on much better than you will during your criminal trial. They also can predict how a case is going and what the judge or jury’s outcome may be.

Your defense attorney has the advantage of:

  • Remaining objective throughout a proceeding
  • Offering realistic insights into how the trial is actually going

These assessments and reality checks are often essential when a criminal defendant is trying to decide whether or not to accept a prosecutor’s plea bargain.

Specialties and Duties: Rules and Regulations

You can read books on criminal defense, but it takes years of study to grasp this area of law. Your attorney will point out important legal rules and regulations that you most likely wouldn’t find on your own.

Many rules about criminal prosecutions are buried within regulations and laws, and even prior court decisions.

For example, if you were to represent yourself, you may never know if the search that the police conducted of your apartment was lawful or not. To know this, you must understand the many nuances and intricacies surrounding the 4th Amendment of the U.S. Constitution.

Specialties and Duties: State-Specific People and Systems

Most people will find it hard to navigate their case through the state legal system where the case is being heard.

There are written rules, such as the local rules of court, that must be obeyed and followed. There are also often many “unwritten rules” that go along with each jurisdiction.

For example, let’s say only certain prosecutors can make and approve plea bargains. Your criminal defense lawyer may save you time (and maybe even jail time) by talking to the right person the first time.

Specialties and Duties: Consequences of Pleading Guilty

Your attorney can easily explain some of the “hidden costs” that come along with pleading guilty. Many people that represent themselves never think about the consequences of pleading guilty if it could lead to a shorter sentence.

For example, if you plead guilty, you may find it very hard to find a job once you’ve completed your punishment. An attorney will make sure you understand all your options before you plead.

Specialties and Duties: Handling Witnesses

Your attorney is trained in working with witnesses. They will be able to more easily gather evidence and statements from witnesses that are going to be called by the prosecution. Handling this without experience can be challenging for someone representing themselves.

Many witnesses, understandably so, refuse to give statements or information to people that were allegedly involved in a crime for fear of their own safety. However, these witnesses are often much more willing to talk to an attorney about their upcoming testimony.

Specialties and Duties: Handling Investigators and Experts

Part of the case will require finding and hiring investigators and expert witnesses.

Investigators can investigate not only the alleged crime but also the prosecution’s witnesses. If these investigators can find evidence that would make a witness’s testimony less believable, this could help your case tremendously.

Similarly, expert witnesses may be able to present evidence that would tend to show your innocence. They can also rebut evidence that the prosecution presents, making the prosecution’s case less credible.

Reading Books Can’t Replace Hiring a Criminal Defense Lawyer

Some criminal defendants seek to represent themselves by researching and reading books. However, reading books that spell out crimes, punishments, and defenses probably won’t lead you to victory in your case.

As any seasoned lawyer will tell you, there’s quite a vast difference between reading about the law and actually practicing the law in court.

Nothing Replaces Courtroom Experience

Understanding the ebbs and flows of a criminal trial can make the difference between winning and losing your case.

“Prosecutorial discretion” is a prime example of these ebbs and flows. Even the simple decision of what to charge a criminal defendant with can be complex. This can make all the difference in how a case is handled.

For example, what may appear to be a simple crime on paper could realistically be cast to be a multiple count indictment or a simple misdemeanor. Criminal defense lawyers are skilled at negotiating with prosecutors to figure out what counts to charge.

What Does Someone Need to Do to Become a Criminal Lawyer?

A degree in criminal law requires:

  • A four-year degree from an accredited university
  • Three years of school from an accredited law school
  • A Juris Doctor degree
  • Passing the bar exam in the state they wish to practice in
  • A license to practice from the state

Law students can appear in court while in school if a licensed attorney supervises them.

Many law students will also intern at a law firm before they are hired at a firm. Once hired, attorneys will likely shadow more experienced attorneys to learn the ropes before taking major cases.

Experienced attorneys will have years under their belt in and out of court. Still, newer attorneys are often cheaper to hire. Consider which level of experience better suits your needs.

What Questions Should You Ask a Criminal Lawyer?

Most criminal law attorneys don’t handle every type of criminal case. There is a large difference between defending a DUI and defending a client charged with murder. It is crucial to hire an attorney who has experience in the charges you are facing.

You should also communicate well with the attorney and feel comfortable being honest with them, and the approach they will take in court. Not every attorney is a fit for every client.

You should ask a prospective attorney these types of questions:

  • How long have you practiced law?
  • Have you handled a case like this?
  • What percentage of your time is spent on this specific type of case?
  • Do you focus on a certain area of criminal law?
  • What information do you need/should I prepare for our first meeting?
  • How do you handle fees? (Hourly, on retainer, per case, payment plans, credit cards, etc.)

Get Professional Help From a Criminal Defense Attorney

As you can see, a good criminal defense lawyer can make your job easier. They can also improve your chances of winning your case or obtaining a more favorable plea bargain.

Even if you qualify for a court-appointed attorney, there’s nothing keeping you from speaking with an experienced attorney to obtain a second opinion on your case.

If you’re really set on representing yourself in court, you should, at the very least, retain the best criminal defense lawyer possible to act as a coach during your trial.

You can find an experienced criminal defense attorney near you and start by reading reviews and testimonials or having a free phone consultation to ask questions about your case.

10 TIPS HIRING CRIMINAL DEFENSE FIRM

When you or someone you love is facing criminal charges, it is imperative that you have an experienced criminal defense attorney fighting for you. The most important decision you will make is which criminal defense law firm to hire to help you. These 10 tips can help you make the most informed decision possible:

1. Look For A Law Firm With Experience

How many years of experience does the law firm have successfully helping people facing criminal charges? How much experience does the criminal defense firm have defending clients facing the specific criminal charges you are facing?

It is very important that the law firm you hire is familiar with the type of criminal charges you are facing. If you are considering hiring an attorney but you are not sure how much experience that attorney has, it is appropriate to ask the lawyer how many years of experience the firm has in handling these types of cases.

2. Read Reviews And Testimonials From Former Clients

While experience is nice, it is important to hear from previous clients as to how the law firm handled their cases. You should review the criminal law firm’s website to find testimonials and case results. Ask the attorney where to go to find this information. In addition, check review sites such as Yelp and Google Plus to see what past clients are saying about the firm.

3. Check Attorney Ratings On Avvo.Com And MartindaleHubbell.Com

There are two recognized rating systems for lawyers that you should review before deciding which law firm to hire for your legal matter. They are Avvo.com and MartindaleHubbell.com.

An attorney’s Avvo rating is calculated using a mathematical model that considers the information shown in a lawyer’s profile, including the number of years the attorney has been practicing criminal defense, disciplinary history, professional achievements and industry recognition. Each lawyer is ranked from 1.0 to 10.0 (with 10.0 being a superb rating). Very few lawyers achieve a perfect 10.0 rating.

Martindale Hubbell is a trusted source that has been rating lawyers and law firms for many years. There are three possible ratings a law firm can receive from Martindale Hubbell. They are an “AV” rating, a “BV” rating and a “Rated” designation. An AV rating is the highest a law firm can achieve. To attain this rating, a firm must achieve excellence in defense of their clients consistently over a period of 10 years. The firm must also receive outstanding reviews from other lawyers, judges and past clients.

4. Find A Firm With Experience In The Local Courts

Experience is key when hiring a criminal defense law firm. The law firm you hire should not only have years of experience practicing criminal defense, but the firm should also have substantial experience in the court where your case is pending.

Each court has unique procedures and staff, so it is important that your lawyer is familiar with the local court. If your attorney knows the court procedures and how the judges and prosecutors operate at the court where your case is pending, it can give you a major advantage in your case.

5. Know If You’re Hiring An Attorney Or A Team Of Attorneys

When searching for a law firm, you will want to find one that employs multiple experienced criminal defense attorneys. Criminal defense matters can be very complicated. You will be much better off if you retain a law firm with multiple lawyers who have been practicing criminal defense for years so that they can work together to plan your defense. A defense lawyer who works alone on your case or only with one partner will not be able to strategize the same way and may not have time to prioritize your case.

Additionally, if you hire a lawyer who is working alone, that lawyer will likely be handling many cases in different courts. This means that if your case is on calendar in one court, the lawyer may have another case to handle in another court on the same day. This will create a conflict for your attorney. He or she may have to send another lawyer to the court on your case who is unfamiliar with you and the facts of your case. If you hire a criminal defense law firm rather than a single attorney, you will know that one of the many criminal lawyers in that firm will be on top of your case at all times. The attorneys at your law firm will be able to work as team and always be familiar with your case.

6. A First Impression Is A Sign Of Things To Come

Consider how easy it is to get a hold of a lawyer when you call the office for the first time. Were you able to receive answers to your questions over the phone or were you asked to leave a message? Did the lawyer call you back promptly or did you have to wait a lengthy period of time before you heard from the lawyer?

You will want your attorney to be responsive and respectful to your needs. A good law firm will understand what you are going through and will be there when you call for help. Your initial call to the law firm will be a good indication of the communication you will have with your lawyer during your case.

7. Communication Is Key

Going through the criminal process is going to be stressful. That is why you should hire a law firm that makes it easy for you to communicate with them and ask any questions you have. What hours can you reach the law firm? Does the firm have a lawyer on call in case of an emergency?

When you speak to an attorney on the phone, he or she should give you his or her email address and cellphone number. Your law firm should provide you with the email addresses of the lawyers and legal assistants who will be working on your case.

8. Be Prepared To Give Your Version Of The Events

Telling your side of the story is critical to any evaluation of your case. That is why an experienced criminal defense law firm will ask you to do your homework.

You need to explain in detail what happened that lead to your arrest. You will need to also tell the law firm about your “social background” as well as provide a list of character witnesses who can attest to your good character. Finally, you will be asked to provide a list of potential witnesses that could assist your defense. You should not hire a law firm that does not ask you to prepare your homework.

9. Don’t Expect A Guarantee

If you are accused of a crime or calling on behalf of a loved one who is facing criminal charges, you are likely very frightened. Unfortunately, some law firms will attempt to take advantage of your vulnerable state by guaranteeing you a certain result when talking to you.

Not only is an attorney lying to you by guaranteeing you a certain outcome in your case, making such promises is also against California State Bar rules. More importantly, no law firm can guarantee you any result because the actual outcome of your case will depend upon many factors that will unfold as your case progresses through the system. If an attorney guarantees you a result, you should question that attorney’s ethics and look to hire another law firm.

10. Compare Prices And Get It In Writing

It is crucial that you understand how fees work within the law firm that you hire. If a law firm is quoting you a very low fee, you will want to investigate the experience of that law firm. On the other hand, just because a law firm is the most expensive does not mean that they are the most qualified to take on your case.

In addition, some lawyers will not explain how fees work and you will wind up paying more than you initially agreed to. Make sure the firm provides a signed, written contract before hiring the law firm. The retainer agreement should clearly spell out the terms of the contractual relationship. Feel free to discuss a fee schedule and payment plans with your attorney before entering into a professional relationship.

Contact The Criminal Defense Attorneys At Wallin & Klarich Today

Hiring the right criminal defense attorney is one of the most important decisions you will make in your life. Your freedom is on the line, so you need to know that you are in capable hands. At Wallin & Klarich, our skilled attorneys have been successfully defending our clients facing criminal charges for over 40 years. We’ve helped thousands of clients in their time of legal need, and we can help you now.

With offices in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich attorney available to help you no matter where you work or live.

Call us today. We will be there when you call.

How To Hire A Criminal Defense Lawyer

Hiring a Criminal Defense Attorney

The decision to hire an criminal defense lawyer is a very important one and may well be the most important decision you make your entire life. The effect of hiring a bad attorney can last a lifetime. Not only can a bad attorney cause you to plead guilty to an offense you did not commit, a bad attorney can also cause you to plead guilty to an offense the State can NOT prove beyond a reasonable doubt. It is up to your attorney or lawyer to investigate your case, research the law, and force the State to meet this burden of proof.

A attorney you hire also has a duty and responsibility to educate you and inform you of your rights accurately. I cannot tell you the number of times I’ve met with someone who had been misinformed about the law by their prior attorney. Here are some examples:

  • In one instance, a client told me he pled guilty to theft because he was with a friend who stole something. However, “mere presence” is not enough to commit a crime. You have to do something to aid, solicit, encourage, direct or attempt to aid someone to committing the crime in order to be guilty. This misinformation caused them to plead guilty to an offense they didn’t commit.
  • Another case, I had a client come in that had picked up another case after completing a deferred adjudication on a prior case. The attorney never told the client that they were eligible to seal their case after they completed the probation. They also didn’t know that if you pick up another case, your chances of sealing the first case are extremely unlikely. If they had known, they would have sealed it and possibly kept employers, credit companies, and others from seeing the prior case.
  • A client met with me to seal his record after receiving a deferred adjudication 30 plus years before. When we pulled him up, his records showed he did a straight probation and not a deferred adjudication. This was a conviction on his record and had been keeping him from getting a good job for the past 30 years. He never knew why he couldn’t get any offers after doing so well in interviews. When we contacted his prior attorney about it, he had passed away.
  • In another case, a client had completed a deferred adjudication for a family violence case and picked up a new unlawful carrying of a weapon case. He was never advised by his prior attorney, that by the Court making a finding of family violence, he would never be able to own a firearm again. Because he didn’t know that fact, he was unknowingly carrying a firearm illegally
  • A client met with me and upon reviewing his past criminal history we saw a possession of marijuana case in which he pled guilty and received a time served conviction on. He basically paid a fine and the case was over. His attorney never told him that in pleading guilty on a drug charge, he would lose his financial aid for college. He was forced to drop out of college the following semester.
  • A client met with our office in regards to a felony theft charge. It was a felony because she had two prior theft convictions. I asked her if she had a problem with stealing and uncontrollable urges to take things. She replied affirmatively and told me no one had ever asked her that. We got her some help to cope with her kleptomania and treat the impulsive behavior disorder and ended up resolving her case favorably.

There are so many things that an attorney is responsible for. It’s not just walking someone to Court and pleading them guilty. A criminal defense attorney is supposed to advocate or fight for their clients, advise their clients about their case and the repercussions of different results on their lives, and also to counsel clients and look out for their best interests. A criminal defense lawyer should genuinely care about each and every one of his clients.

What lawyers should I avoid?

First, I would absolutely avoid attorneys who charge you for each court appearance. This type of arrangement may seem to be a better bargain, but most cases get reset at least 4-6 times on average. That is without a trial.

What may end up happening is the lawyer will not do any work on your case during these resets. The lawyer will use this to pressure you into pleading your case out because you just cannot afford to keep paying him to come to court.

Resetting of a case is supposed to be used to gather evidence in defense of your case, but that usually doesn’t happen in these arrangements. Typically in these arrangements, the attorney will reset the case without doing any work on the case. They do that until you are tired of coming to Court or you get tired of paying. Then they give you an ultimatum and force you to plead guilty. Our office charges a flat fee and gathers evidence that will help on every case. Many times, the evidence we gather can get the case dismissed, helps tremendously in plea negotiations, or prepares your case to have a jury trial. There may be many pieces of evidence that could destroy the state’s case and thus cause your case to be dismissed. You should always be able to ask the attorney, “why your case is being reset”. If he cannot give you an answer, you have a problem.

Also, avoid attorneys that plea out cases early on without doing the necessary research. You can ask any attorney to pull up their current cases, by entering their bar number, on the Harris County District Clerk’s website. This will allow you to see the outcomes of each of the last 300-400 cases they have handled. The Harris County District Clerk is entity that handles all of the filings and court documents of the court system and they manage a database of all of the cases handled in Harris County. There should be a mixture of mostly dismissals, jury trials – not guilty verdicts, and deferred adjudications. If you see that the attorney has received convictions and pleaded to jail time on most of their cases, you can safely assume that they either do not really care about their clients or do not know how to effectively represent their clients and will likely get you the similar results.

I would also avoid attorneys that handle all types of cases and not just criminal defense. Just like a doctor, it takes a lot of time and continuing education to stay up to date in a given field of law. Doctors that handle cardiology typically do not handle dermatology and/or digestive health. Your criminal record and good name is very important to you. You want someone who understands the nature of the criminal court system, the people involved, and the current law in the field. Although not impossible, it is very tough to handle many different fields of law and know how to effectively handle the case. Ask the attorney, what other types of cases do you handle?

Another attorney you should avoid are attorneys that come to Court without a briefcase or file for you. I see attorneys come to Court with a list of names and Courts. Your attorney is responsible for defending you and keeping you from going to jail or having a permanent scar on your record. He should have something in a file including: resets, contact information, evidence, subpoenas, motions, notes, charging instruments, and offense reports with him. If he doesn’t have these things or written notes from the first time you told him your version of the facts, he is not defending you, just merely walking next to you as you get processed through the system.

Be cautious of an attorney without any experience or only a few years of experience. They may have good intentions, but without the knowledge of how to handle criminal cases, they typically fall flat with results.

Another tool to use is to look at reviews of the attorney online. Google their name and see what other past clients have written about them. Take these reviews with a grain of salt, because there are always the truth or justified, but you can learn a lot about a lawyer through his reviews. You can also look to review sites such as Avvo.com and see an attorney’s reviews, qualifications, and credentials. Also the Texas Bar has a way to search for attorneys and see if they have ever been disciplined. I would avoid any attorney who has been punished by the State Bar. The Better Business Bureau has reviews as well.

Why don’t I just hire the cheapest lawyer I can find?

We understand that money doesn’t grow on trees and many people just want to save as much money as possible. When you make a decision to hire an attorney, it is very important not to make that decision solely based on price.

It should definitely be a factor, but not the only factor. One problem I see often, is that when an attorney charges next to nothing, they take on more cases to make up for the low price. Typically, they will handle 10 or more cases in one day, which does a few things. It causes them to try to resolve your case as quickly as possible, which means they don’t fully investigate or try to fight your case.

It also causes the clients to sit all morning and wait for their attorney to arrive at court. One attorney can’t be at all 22 District Courts and 15 Count Courts in Houston at the same time. So they slowly make it through their docket causing you to sit there for hours each time you go to Court.

I often hear these stories whether its from a client who hires me after hiring a bad lawyer or being stopped by people in Court waiting for their attorneys. Oftentimes, I get calls from potential clients years after their cases are resolved and they call me to try and seal their records and I have to tell them that because of the disposition of the case, it will be on their record forever.

They explain that they were young and didn’t have any money or they hired an attorney and they forced them to plead guilty. What people don’t understand is that what happens after you are charged with a crime can and will affect you for the rest of your life.

Many offenses can keep you from ever being able to find a good job, sign a lease for an apartment, or get credit to purchase a house or car. Hiring an attorney to defend you against a crime is one of the biggest decisions you will make in your entire life.

The difference between hiring a bad and good attorney could possibly be only a couple hundred or a couple thousand dollars right now. But one thing people typically do not account for is the difference between being stuck at a bad job because of your record versus a good job could easily be $20,000-50,000 a year. Which, over a lifetime, could be much much more. It is definitely not worth skipping out on a few dollars now. I once heard a very good piece of advice. There are three things you don’t want to go cheap on, an accountant, a doctor, and your lawyer. These people protect the most important things in life, your money, your health, and your freedom. Our office understands that not everyone has a lot of money saved up. In many circumstances we can typically work out a payment plan with you. Our fees are affordable and I will do everything I can to help you.

​One thing to note is that a more expensive attorney doesn’t always mean they will be better either. Do your research. Meet with attorneys, ask them questions, and talk to them about how they are going to represent you. If you don’t feel comfortable or get a bad feeling, follow your gut. This is a big decision and you have to have someone in your corner that you feel will fight for you and cares about you.

Is there anyone who is good and affordable?

Not everyone charged with a crime can afford the criminal defense attorney they deserve. At the Law Office of Henry K. Nguyen, P.C., we know the economy is tough right now and people in Houston are suffering from it. Many people do not have a lot of money saved up or are hit with the exorbitant amount of fees and expenses related to being charged with a criminal case, such as posting bonds or getting devices installed like the SCRAM or Interlock devices. Everyone facing criminal charges wants a good attorney, the question is whether or not they can find an affordable criminal defense lawyer.

Our criminal defense firm offers affordable rates and we will try and do everything we can to work with you. Our fees are reasonable and we offer customizable payment plans to fit most budgets. Typically on payment plans, we require half down and payments every two weeks or every month. We can usually give you a couple of months to take care of the balance.

We can also accept collateral as a down payment on occasion. Our office is dedicated to providing affordable criminal defense for our clients. Not just an affordable criminal defense lawyer, but one that knows how to handle these cases. A criminal defense attorney that cares about you and one that will fight for you with the results to back it up. Get the criminal defense attorney you deserve, contact our office today for a FREE consultation.