Creative Leisure News

Answers to your troubling and tricky legal questions.

The Value of Using a Lawyer

When to use one, and how to find the right one.

By Eva-Marie Boyd (September, 2003)

(Note: Eva-Marie has been a practicing attorney for approximately 15 years. During that time she has been President of the Orange County Barristers, President of her law school alumni association, served on the Orange County Bar Association Board of Directors for seven years, and as chair of the Orange County Bar Association Legal Referral Committee for three years. She was a panel attorney for California Lawyer for the Arts and has lectured for that organization on copyright issues.)

Q. Do I really need a lawyer?

A. Only if you want to increase your chances of obtaining your objectives.

(Before I begin, let me take a moment to wish you and yours peace, love, happiness and a large dose of good health in the upcoming year.)

If your house is on fire, you call the Fire Department; for criminal matters you call the police. And although I have an inherent vested interest, if you are dealing with business matters, at the very least consult an attorney who practices in the area or have him/her review the paperwork.

I doubt if there are many readers who, when dealings go sour, have not wished that they had gotten the issues in writing or had consulted with an attorney at the onset. Money we try to save at the start of a venture often costs far more as the dealings unwind.

An example from recent headlines: one of the writers of the movie, The Last Samurai, is suing because he did not get writing credits to which he believed he was entitled.

Not only is it important to use an attorney, it should be an attorney who is accustomed to dealing with the particular issues at hand. As with a doctor, you probably would not go to a podiatrist is you have strep throat.

I, for in example, deal primarily with contract and intellectual property matters. I long ago gave up the notion that I could be "a general practitioner" and would not touch such items as divorce, real estate, or taxes.

Q. So how do you go about finding the "right" attorney?

A. According to statistics of Bar Association Lawyer Referral Services, the greatest percentage of referrals come from other lawyers. If you know or have worked with a lawyer, but he/she does not practice in the field you now need, ask for a referal. Ask friends and associates to recommend someone they have used in the past. Call your local Bar Association Referral Committee.

Interview at least two lawyers. Determine their knowledge and experience. Let me also stress that a personality fit is important; you may be dealing with this person for a long time. Ask yourself., "Is this a person I can trust and feel comfortable working with?"

Lastly, get a written fee agreement. Most states mandate them.

(Note: Have any questions regarding copyrights, trademarks, or other business-related legal issues? Your name will not be used. Mail, fax, or email your questions to Eva-Marie Boyd, 1160 Catalina St., Laguna Beach, CA 92651 fax: 949-497-3148; email lawddAW@aol.com.)

(Note: For previous Legal Q. & A. columns, click on the titles in the right-hand column.)

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