4 Signs It’s Time To Hire A Lawyer
Legal disputes are a fact of life for most Americans. More than 100 million civil suits are filed in state courts across the country each year. Whether you are involved in a personal or business dispute, you may find yourself considering whether you need legal representation. According to the Administrative Office of the U.S. Courts, federal lawsuit filings decreased last year by about 10 percent. Many people have an aversion to hiring a lawyer because they think it will escalate the severity of the situation or end up costing them more money. While this is an understandable concern, it may actually prevent you from fully and effectively protecting your legal rights, which could end up costing you more time and money down the line. Here are some indicators that mean it is probably time to retain an attorney.
1. Your Adversary Has Hired a Lawyer
If the person or business on the other side of your dispute has sought legal representation, you should move quickly to consult with a trusted lawyer. You do not want to find yourself negotiating or defending a case pro se against a barred attorney. There are many complexities in the civil legal process that are impossible to anticipate without legal training. Even if your adversary has only hinted that they have talked to a lawyer about the situation, you should be preparing options for legal representation. It takes considerable time for an attorney to get up to speed on any civil matter, so you should not delay in sharing the details of your dispute with a lawyer.
2. You May Have to Notify Your Insurer Timely Upon Notice of a Claim
If your civil dispute has the potential to involve your insurance policy, you may already be obligated to notify your carrier that you could be sued. Your failure to do so within the timeframe spelled out in your insurance policy could mean that your claim is denied. You may end up having to pay for your legal expenses out of your own pocket in that case. Having a side dispute with your insurance carrier about the existence of a potential legal claim can take valuable time and attention away from the actual dispute at hand. It is always best to err on the side of providing notice to an insurance carrier sooner rather than later.
3. The Statute of Limitations is Approaching for Your Claim
You may find yourself in a situation where you have a possible claim to file against another person. Depending on the state that you live in, there are certain statute of limitations, which are deadlines by which you need to file a certain claim, that may apply and can prevent you from enforcing your rights once they expire. If you have any doubts about whether the deadline is approaching by which you need to file a claim, you should consult with a knowledgeable attorney right away. In almost all cases, you need to actually file the lawsuit in order to preserve your claim. Simply sending a letter to your adversary that you intend to file a lawsuit is not sufficient to abide by the statute of limitations.
4. Some State Laws Do Not Allow Businesses to Represent Themselves Without an Attorney
Depending on the jurisdiction where a suit has been filed or you think it might be filed against you, the applicable state law may prohibit a business representing itself in that case without an attorney. You would have to check and understand the applicable laws for your state. The court will be able to reject your filings and may hold you in default for a lawsuit if you do not have a lawyer representing your company. Even if your business is allowed to proceed in court without having an attorney representing you, it may not be a good idea to risk the future of your business in litigation without competent representation. A business owner could end up having personal liability if they lose a lawsuit, which means any judgment might have to be paid out of their personal assets. This risk alone is a good enough reason to hire an attorney to represent you in a business dispute.
