When should I hire a Lawyer?

#1: Always talk to a lawyer if you don’t understand the law

We’ve talked about this before, but English isn’t always English when it comes to the law. What may be obvious language in a law or document may mean something entirely different in the eyes of a court. The law can be complex and confusing. There is nothing to be ashamed of if you seek help to understand a contract, a will, a divorce decree, etc. It’s much better to get advice up front than try to fix a mistake later. If you don’t understand a legal document, if you can’t figure out how the law affects you, or you can’t make sense of a legal issue – hire a lawyer.

For example, suppose you are dealing with a child support issue that will have a big effect on you and your family for many years. Maybe you have read the law that applies to this issue over and over, and you just don’t understand your options. Should you take the risk of handling it yourself and making a mistake? Do you want the State of Washington breathing down your neck for the next 20 years? It is penny smart and dollar foolish to take on such a big risk without professional advice.

#2: Hire a lawyer for legal issues with long-lasting consequences

When looking at a possible legal problem, you need to decide whether it will have a serious or long term impact on your life. It just makes sense to hire a lawyer for the big legal problems.

For example, suppose you are charged with a DUI. It may be possible to get through this life changing event without a lawyer, but will the long term consequences of a conviction be properly addressed? Are you aware of the many ways a DUI can be defeated or minimized? How will the actions you take effect you when seeking a job, traveling out of the U.S.A., or purchasing insurance?

Many types of legal issues have long lasting consequences. Divorce, child custody, wills, real estate transactions, criminal charges, etc. all can have major long term consequences. Getting knowledgeable legal advice can affect you for many years to come.

#3: Hire a lawyer when you need the “big guns”

There are times in your life when it just makes sense to bring in the “big guns” – a lawyer who will act as your tireless advocate. In many instances, you want a lawyer if you’re fighting an opponent who is more powerful, has more money, or is better versed in the law.

Maybe you are getting a divorce, and your spouse is gearing up for a fight. You do not want to represent yourself against a lawyer who has many years of experience litigating divorces. You want to have representation that can stand up to your spouse’s lawyer and fight effectively for your rights.

#4: Hire a lawyer for issues worth more than the cost of a lawyer

As obvious as it sounds, it really doesn’t often make much sense to spend $1,000 to fix a $500 problem. If you are facing a legal issue that’s worth a lot of money, it is often worth the investment to hire a lawyer.

For example, take a child support issue. A child support payment for a young child might total $100,000 before support terminates. Child support, day care, insurance, extra curricular activities, etc. require a solid knowledge of the law, and mistakes may cost thousands. Why not spend a small fraction of that to hire a lawyer who can review the issues, point out any problems, and help you reach a fair and equitable solution.

#5: Follow your instincts

When faced with a legal issue, sometimes you just have to rely on your gut. Maybe the problem seems clear cut and straightforward, but you have a nagging doubt in the back of your mind. Maybe a lot of people have told you “it’s easy, you don’t need a lawyer for this,” but you’re not so sure. Maybe something seems fishy. When it comes down to it, our gut instincts are, more often than not, accurate. If you have any doubts, hire the attorney. It’s a small price to pay for peace of mind.

English isn't always English

English isn’t always English. The truth is that you should never sign a legal document without having an attorney look it over first. Usually, you can find a high quality attorney who will offer a free meeting, so all you are really out is your time.

There are many examples, but I can’t tell you how often very smart people will fall for this trap. A standard order of child support, used in nearly every case in this state, has a section titled “Periodic Adjustment”. Well, any reasonably smart person would tell you that if the “does not apply” box is checked, that means that there would be no periodic adjustment – right?

WRONG! Since this section is not really written in English, what it means is that only the standard legal reasons for future modification apply. Why doesn’t it just say so? I really have no idea. All I can tell you is that if you signed an order thinking that English is really English, you could have obligated yourself to serious future legal and financial repercussions.

Take the time and get that legal document reviewed by someone who practices law in that area. It will save you time, trouble, and, just maybe, might save you from making a serious and expensive mistake.

Who is your beneficiary?

We’ve talked about the importance of estate planning, and the problems you can experience if you don’t get it done right. Unfortunately, you often don’t see the problem until it’s too late. Every now and again, we are able to prevent the problem.

I have a younger couple in the office getting wills done. They had been married for a while, and they had their first child on the way. The husband has gone to work right out of high school at Boeing. As part of the consultation, I advised them to check on beneficiary designations on life insurance policies. (If the asset doesn’t become part of your estate, then your will can’t control where it goes).

The couple came back the next week to sign their wills. They had checked the husband’s life insurance policy through his work, and found that when he was 18 he had named his buddy Bill as beneficiary of his life insurance police to “have a big party”. Well, had they not caught this error, a real tragedy might have happened if something had happened to the husband!

The moral of this story is check any asset you may have that has a beneficiary designation, life insurance, 401K’s, IRA’s, mutual funds, etc. Most of the time it isn’t a problem, but you want to make sure that who you name as beneficiary “fits” with your estate planning and tax planning goals.
One of the services my office offers is Estate Planning. There is no charge to come in and discuss this.

Children & Divorce

Children and Divorce:

Much is written about the impact of divorce or legal separation on children. As an attorney, I see this serious problem from a unique prospective. I am not a parenting counselor or psychologist, but I do think I can offer my thought with a certain amount of authority.

Much more often than anyone would believe, the children in a marital dispute are directly involved by the parents or other family. Maybe we all know that this is not a good idea, but the long term harm to the children, even older children, can be devastating. I see serious behavior issues, a marked deterioration in grades, and an increase in conflict with parents when they are involved in the details of the divorce or separation.

In those cases where the children are kept out of the fight to the extent possible, the children tend to make a much better transition to the new living arrangements. In those cases where the children are offered professional counseling, especially if it starts at the very beginning of the conflict, they are usually the best adjusted and emotionally stable of all the families I see. Having a professional to talk to, one who has no other agenda that the best interests of the child, is a great benefit to the mental health of the child.

Even when the parents are trying hard to make life as stable as possible for their children, I believe that having a “safe” third party to talk to can make a huge difference in the child’s ability to adapt to such significant changes. Kids are not dumb, they know there is a conflict, even if it is well hidden, and often may perceive communication with one parent as a betrayal of the other parent.


Counseling and parenting classes for the parents can be a great help in working with your children during these stressful times. Professional guidance can keep you on the right path, and, in the end, have a lasting impact on your children.

Let's get it started....

Welcome to 2010! With all our new year’s resolutions, there are a couple of things that you may want to move to the top of your list – especially if you have a child graduating from high school this spring.

If you expect to have a child in college, trade school, or other post-secondary education this year, you may need to take action now to preserve your right to receive financial help from the other parent. Most child support orders terminate upon the child reaching age 18 or graduating from high school, which ever occurs last. If you child is graduating from high school this spring, you likely will need to take immediate action to ensure that the other parent helps with the child’s expenses next September.

While it is true that you might have until early June to take action, there might not be enough time to get the issue resolved and still allow your child to start school this fall. Even if you and the other parent have a verbal agreement, you should understand that this agreement might not be enforceable once the child reaches 18 and has graduated from high school. A little foresight can go a long ways to ensuring that your son or daughter can obtain the education they want.