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There are many situations in daily life which may call for private legal counsel. Depending on your circumstances and finances, at some point you may want to retain the services of a Fairfax VA lawyer to represent you in or out of court. Here are some things to keep in mind if you are thinking of hiring a private attorney.
Attorneys outside the courtroom
Different Fairfax Virginia lawyers specialize in different areas of the law. There are two types of attorneys:
• Transactional attorneys do not appear in court. Instead, these Fairfax VA lawyers review paperwork to make sure you do not sign any agreements or contracts you do not understand that may be disadvantageous to you. This kind of preventive litigation is designed to minimize the risk that you will face a lawsuit later.
• Litigation attorneys represent their clients in court. These Fairfax Virginia lawyers present arguments and evidence during trials.
Depending on the state of your finances and your needs, you may decide to retain the services of an attorney as a matter of course. A Fairfax VA lawyer can be especially useful for businesspeople who want to make sure they are in compliance with all local, state and federal laws concerning:
• Employer-employee contracts
• Employee manuals
• Workplace safety standards
• Making reasonable accommodations for disabled workers
• Filing taxes properly
Litigation attorneys and criminal charges
When the police or a government agency decide to prosecute someone for a crime, jail time or a severe financial penalty may be levied against the defendant. There are three levels of offenses:
• Felonies refer to the most serious types of legal violations, such as rape and murder.
• Misdemeanors cover less serious charges, such as assault or drunk driving.
• Infractions are minor legal transgressions, such as speeding.
While infractions do not entitle you to trial by jury or legal representation, if you are charged with a felony or misdemeanor you have the right to free legal counsel. If you cannot afford the services of a Fairfax Virginia lawyer, the judge in your case will appoint an attorney to represent you for free. This attorney will advise you throughout the legal process:
• After you are arrested, you will appear in a courtroom for your first hearing, known as an arraignment. At this time, the prosecution will formally announce the charges against you and may offer a plea bargain in exchange for a “guilty” or “no contest” plea. Your Fairfax VA lawyer can advise you how to plead, though you are not obligated to follow their advice. If bail has been set, an attorney will try to have the amount lessened.
• Should you choose to plead “not guilty,” a court date will be scheduled. During the pretrial phase, Fairfax Virginia lawyers working for the prosecution and defense will regularly exchange any evidence they are planning on presenting in court. If any procedural errors have been committed or there is not sufficient evidence that would reasonably convince a jury to convict, your attorney may file a motion to dismiss the case against you.
• At any time before a verdict is returned, a mutually acceptable plea bargain may be negotiated by Fairfax VA lawyers working for both sides. Should this not be the case, you will appear in court for your trial by jury. At this time, a Fairfax Virginia lawyer will argue the strongest possible case for your defense.
• If you are found guilty, a sentencing hearing will be scheduled. After the prosecution presents its request, your Fairfax VA lawyer will present any mitigating evidence justifying a less severe sentence.
Litigation attorneys and civil court
Sometimes two individuals or businesses go to civil court to resolve their differences. Some reasons you may wish to hire a Fairfax Virginia lawyer to you with civil litigation include:
• An injury caused by another person or a defective product
• Medical malpractice
• Disputes over property you have bought or between a landlord and tenant
• Violations of a business contract
• Underpayment by an employer
• Sexual harassment
Most litigation never reaches the courtroom. Unless you are determined to appear in court, Fairfax Virginia lawyers representing both parties will do their best to arrive at a mutually acceptable financial settlement before the date set for a trial.
Hiring an attorney
Unless you are being charged with a crime and have free legal representation appointed for you, finding a Fairfax VA lawyer to represent you is a process that should be slow and cautious. Consider what services you are looking for, then ask friends and family if they can refer you to a qualified specialist. Prior to scheduling meetings with any Fairfax VA lawyers, look up their disciplinary records online to make sure they are in good legal standing.
You need to interview several attorneys before you find someone you are confident can represent you competently and honestly. Make the most out of every meeting by arriving with a list of questions and any relevant documents, questions such as:
• What kind of specialized experience do you have with my kind of case?
• If you are not qualified to represent me, can you refer me to a more experienced Fairfax Virginia lawyer?
• How long can I expect my case to take?
• Who at your firm will be responsible for keeping me updated on any progress made on my behalf?
Any Fairfax Virginia lawyer you talk to should be able to answer these questions in as much detail as you need to make a decision. In turn, these attorneys will have many questions for you. Answer all questions any Fairfax VA lawyers ask in as much detail as possible. Avoid the temptation to withhold any information you feel may damage your case.
During your first consultation with a Fairfax VA lawyer, be sure to obtain a detailed written proposed timeline of your case and all expenses you can expect to be liable for. Establishing these boundaries at the outset will help build a strong attorney-client relationship.