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WHY YOU NEED A LAWYER

“Why do I need a lawyer?” This is one of the most common questions I am asked. Usually the conversation is outside the office, at a party, or the grocery store. “Mary and I have known each other for years. We don't need a fancy partnership agreement. We've always done business on a hand­shake.” Or, “We know we want to get a divorce, and Joe will have custody of the kids. It's amicable, and we agree on everything.” Or, “The insurance company already said they would pay for my medical bills from the accident.” Or, “Since everything is in joint names, I don't need a will.”

Each of these situations is real. And in each of these situations, the person asking the question needs to speak to a lawyer. As Ray Brown once put it, “Legal advice is like your car's seat belt—you never know when you start out whether you'll need it or not.”

Sadly, we have seen many partnerships between friends end up in court. Without a written Partnership or Shareholder Agreement, a lot of time—and money—is spent trying to figure out what the agreement actually was. Not only is the partnership destroyed, the friendship often is as well. A written agreement makes it clear what the responsibilities of each partner are, preventing problems before they arise. We can suggest options to partnership, such as incorporation or limited liability companies, to protect your personal assets if the business doesn't work out. And we can help you plan for death or disability, so that even if you aren't there, the business—and your family—can survive and prosper.

Divorce is an area where it is essential to have an attorney involved. Nothing is more important than making sure that your children are well provided for, and a poorly drafted agreement (or no agreement) about child custody or support, pension rights, alimony, debts and a host of other items, can be devastating down the road. Court orders for Divorce may not provide for essentials such as health insurance, college expenses, or visitation schedules in the absence of a written Separation Agreement. We can advise you about your rights and responsibilities, draft a legally binding agreement and make sure that what you want is what will be.

“The insurance company told me . . .” Insurance companies love to settle personal injury cases with people who are not represented by lawyers. Why? The average settlement is such cases is much, much lower than if the person is represented. Insurance companies know that an unrepresented person probably doesn't know that in most car accident cases in Maryland there is $2,500 or more in no-fault insurance to pay for medical bills and lost wages. They know that they will be able to fast-talk their way into a fast, quick—and cheap—settlement that is to their advantage, but not yours. And once you settle a case, it is OVER. Even if your condition gets worse, even if the money you get isn't enough to compensate you, even if you still have medical problems, you can never go back to ask them for more. If you are injured in a car accident, for your own sake, get a lawyer.

If you don't have a will, the State writes one for you, using the laws of "intestacy," which means "without a will." This will probably isn't what you want and will probably cost your estate a lot of money in probate fee, bonding fees and taxes. Merely because everything is in joint names doesn't mean you don't need a will—in fact, it may mean that you could be facing more than half of your estate going for state and federal estate tax. You may also want to consider ways to avoid probate and get your estate to your heirs more quickly, such as Living Trusts. You may need a Living Will or Appointment of Health Care Agent, or a Power of Attorney.

Make sure you are well protected. Talk to us before you sign the paper or take the action. Don't assume. Today's law is complex and it is easy to do something today which will have serious repercussions down the road. You definitely need a lawyer.

We are available to meet with you at your convenience. Please call us at (301) 924-4400 or send us e-mail to arrange for a convenient time.

 

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