HOW DO YOU KNOW IF YOU NEED
A LAWYER?

Contracts Prepared by Someone Else

If you are being asked to sign a contract, it is for a modest amount of money, for a short period of time, you understand 100% of the terms in the contract and all of the terms are acceptable, then you probably do not need an attorney.  However, if a significant amount of money is involved, if the contract will last for more than a short period of time, if you are not 100% sure of all of the terms or if you do not want to agree to all of the terms then you need professional assistance from an attorney.

Contracts You Want to Prepare

Can you prepare your own contract?  Certainly.  However, as the amount of money and the length of time of the contract goes up, the risk you take also increases.  If such things as Integration, Indemnity, Termination and Consequential Damage clauses, amongst others, are not something you feel comfortable with, then you need professional assistance from a lawyer.  Note also that if a dispute arises and there is an ambiguity in the contract, the courts are generally required to interpret the contract against the party that prepared the contract..

 

Claims Made Against You

The first notice that a claim is being made against you might be a letter from an attorney or the other party or perhaps a legal document served on you by a process server.  First, do not immediately contact the attorney or other party to tell them you are in the right.  Generally civil matters do not require you to be given the equivalent of Miranda rights.  But I can almost guarantee you that anything you say can and will be used against you.  Second, if you have insurance, immediately report the claim by telephone and in writing to the insurance carrier. Always keep detailed notes and copies of all documents.  Third, if you have insurance, discuss the case with the adjustor who will represent you.  If the carrier does anything other than agreeing to take care of the claim entirely, you may need immediate professional assistance.  Fourth, if you have no insurance, and are being sued as an individual, you can represent yourself in court.  If you are a corporation, you generally must have an attorney.  Should you represent yourself?  The general rule is that a lawyer who represents himself has a fool for a client and a fool for a lawyer.  The same rule will likely apply to you.  Litigation is usually too complicated for a lay person to be on the same footing as a lawyer.  The one exception is Small Claims Court where lawyers are not permitted unless they are one of the parties.

 

Claims You Want to Make

If the amount in dispute is less than the jurisdiction of the Small Claims Court (presently $5,000) you may want to represent yourself.  If more than $5,000.00 is in dispute but you are willing to give up the excess you may also sue in Small Claims Court.  Note that if the other party makes a counter claim against you for more than $5,000 then Small Claims Court cannot hear the case.  For further information about Small Claims Court see the Los Angeles County Court site or at the  California State Bar.  For larger amounts of money you will likely need professional assistance.  Yes there are services available that will help you fill out paperwork but they cannot appear for you in court nor are they trained to properly advise you on a wide range of matters than come up during litigation.  Do you really want to entrust your case to someone who is unqualified?

 

Criminal Including Traffic

In most instances, get professional assistance from someone who specializes in this area.

 

 

The Law Offices of John A. Sullivan represents clients throughout the State of California.  

If you are looking for an attorney or lawyer in any of categories listed on the Fields of Expertise page and the matter is located in California and in particular, any of the following communities, The Law Offices of John A. Sullivan is the law office for you:

Alpine County:  Bear Valley, Kirkwood, Hope Valley, Lake Alpine, Markleeville or Woodfords. 

Amador County:  Amador City, Jackson, Ione,  Pine Grove, Pioneer, Plymouth, Sutter Creek or Volcano.  

Calaveras County:  Angel's Camp, Arnold, Copperopolls, Mokelumne Hill, Mountain Ranch, Murphys, San Andreas, Tamarack or West Point.

El Dorado County:    Cameron Park, El Dorado Hills, Diamond Springs, Placerville, Pollack Pines.

Placer County:  Auburn, Colfax, Foresthill, Kings Beach, Lincoln, Loomis, Roseville, Rocklin or Tahoe City.

Sacramento County:  Citrus Heights, Elk Grove, Folsom, Galt, Isleton, Rancho Cordova or Sacramento.

San Joaquin County:  Escalon, Lathrop, Lodi, Manteca, Ripon, Stockton or Tracy.

Stanislaus County:  Ceres, Crows Landing, Denair, Empire, Grayson, Hickman, Hughson, Keys, Knights Ferry, La Grange, Modesto, Newman, Oakdale, Patterson, Riverbank, Salida, Turlock, Valley Home, Waterford or Westley. 

Tuolumne County:  Belleville, Big Oak Flat, Columbia, Groveland, Long Barn, Soulsbyville, Sonora, Twain Harte or Tuolumne.