5 Signs that You Should Already Hire a Lawyer
In more than one instance, I have seen and encountered
people (non-lawyers) trying to take on legal issues themselves. I have seen
them draft affidavits, court pleadings and various documents which you may
think only a lawyer should make. And their reason for doing so? Lawyers are expensive.
In a way, I agree. Some lawyers charge an arm and a leg for menial jobs. Some overcharge. Some fraudulently charge. When you're lucky, some don't charge at all.
However, in our defense, a job which may look clerical to a
non-lawyer may lead to a very complicated situation. You may think that you’re being overcharged but you are actually getting the best deal that you’re ever going to get. Imagine: a person doing a job on his/her own may be saving on legal fees but he/she may end up facing a multi-million-peso lawsuit if things go wrong. As Murphy would have said, "anything that can go wrong will go wrong".
So how does one know when it is already time to seek
professional legal help – and actually pay for it? Below are five suggestions:
1. WHEN SOMEONE FILES A CRIMINAL CASE AGAINST
YOU - Even if the criminal case is still before the prosecutor’s office,
lose no time in securing the services of an able lawyer. Once the prosecutor
resolves a criminal complaint, a warrant of arrest may be issued even without your
knowledge. Don’t wait for the police to knock on your door before seeking
professional help.
2. WHEN TRANSFERRING REGISTERED LAND – To notarize the deed of sale/donation, lawyers already charge at least 1% of the value of the land. You might as well pay them the same amount, or a little bit more, to do
everything.
3. WHEN YOU’RE ABOUT TO FIRE SOMEONE –
Illegal dismissal results in one nasty consequence – payment of backwages. This
means that if you fire someone, and it was later found to be illegal, you
become liable for the employee’s wages from the time you dismissed him/her.
Imagine dismissing an employee in January and then having the dismissal declared illegal in December of the same year. You end up paying a year’s salary to
someone who did not even work for it. Now, imagine if the case drags on for
three more years.
4. WHEN YOU’RE TRYING TO COLLECT A DEBT AMOUNTING
TO MORE THAN P200,000.00 – Thanks to the Small Claims Court, lawyers are
barred from appearing in court hearings when the debt sought to be collected is
P100,000.00 or less. If you’re trying to collect a debt which is not more than
P200,000.00, the Rules on Summary Procedure is available at your disposal.
However, once the amount goes above P200,000.00, technical rules apply and the
defense would most likely resist paying such a huge amount. Get a lawyer –
lawyers are skillful in the art of "persuasion."
5. WHEN IN DOUBT, CONSULT A LAWYER – This goes
without saying: if you’re unsure of the consequences of your actions, it’s
probably better to ask someone for a professional opinion. Don’t hesitate to look for a lawyer to consult.
Some lawyers charge consultation fees, some consult for free. Seek referral
from people who have previously engaged the services of a lawyer. Remember,
however, that not all lawyers are created equal.
