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MAHAFFEY & LEE
Should you call your lawyer?
I read a legal article the other day and I think the author assumed
the reader had 2 years of law school. That's fine if it's in a magazine for
lawyers, but this article was meant for non-lawyers.
Learning from that article, I thought I would get back to the basics
– when should you call a lawyer? In light of my wife and I's recent
binge watching of Making a Murderer 2, probably when there is a chance
you could go to prison. Beyond that, I think the water gets a little murky.
Let's get the big, green elephant in the room out of the way –
money. There are several types of cases that don't cost you a dime unless
you win. The most well-known are car accident cases or worker's compensation
cases, depending on how the lawyer's contract reads (a “fee agreement”).
There are also other situations that most people are less familiar
with (employment cases, collections, violation of court orders, a broken
contract, etc.) that could cost nothing out-of-pocket.
If you have a case that ends up requiring an hourly fee, you typically
have enough time in an appointment to talk through most or all of
your strategy and budget options. If your budget is $0.00 for an hourly
fee case, my experience is that talking with a lawyer is still helpful to the
process of remaining solution-oriented and realistic.
Another situation you might be wondering about is “when is it
worth it to get a lawyer?” If you could gain or spend more than $5,000, you
should consult a lawyer. That includes the situation where you are making
$5,000.00/year off of a hobby job, spending $6,000.00 on that barn-find
Dodge B pickup, or buying/selling a $40,000.00 house. There can be insurance,
tax, title or potential liability issues lurking in each of these situations.
Your legal fees can come in as low as 2.5% - 7.5% of your total money
gained/spent. For peace of mind, eliminating future surprises and the general
benefit of talking through your situation with someone knowledgeable
about minimizing risk, it will be worth your time and money.
William Lee is an Owner of Mahaffey & Lee located at 409 N. Cherry St., Morrison, Illinois, across from the Whiteside
County Courthouse. His practice areas include probate, real estate, estate planning, employment law
and civil litigation. He holds a Juris Doctor from IIT/Chicago-Kent College of Law and a Certificate from Chicago
Kent's Institute for Law and the Workplace. He can be reached at will@mahaffeyleelaw.com or at 815-
400-9496. The firm's website is www.mahaffeyleelaw.com. The Supreme Court of Illinois does not recognize
certifications of specialties in the practice of law and that any