Are Attorneys Above The Law

If you have ever been in the regrettable situation where you need the assistance of a good attorney, then you know how much of a blessing they can be. It is possible that your marriage is falling to pieces, and you have children that your visitation rights you need resolved; or maybe you have been injured in an accident, and need to make assistance making a claim against the party that is at fault. No matter what your need, the right attorney can help make the entire procedure much easier.

Nevertheless, regardless of all the good work many attorneys do, there are a large number of attorneys who operate on the other side of the fence. These are the ones who will rip their clients off, ignore and break the law themselves in order to enrich their own lives.

These same attorneys will use suspicious moral practices to get questionable results, all of which directly affects you.
“Quis Custodes Ipsos Custodiet”, by the poet Juvenal, which means “Who Shall Watch The Watchers Themselves”, is an old Latin saying that sums up this situation perfectly – It is extremely apt in these situations, for if we cannot trust our protectors to actually protect us, what can we do? Who punishes the attorneys when they break the law?

Terrifying Statistics

Even though you may believe that attorneys who break the law are in the minority, the number of incidents that have been brought to the public’s notice is on the rise. Some of the most recent examples of this are:

o In 2001, a total of ELEVEN attorneys in Tennessee were still practicing law, even though there was a list of charges against them which included bank fraud, perjury, and even one attorney who was to blame for his failure to deliver evidence, which caused an innocent man to be kept in prison for four years on a rape charge.

o This year in Warren, Ohio an attorney was charged with fraud, including deceiving an elderly woman out of over $80,000

o Also this year, two attorneys in Boise, Idaho, were convicted of shocking financial dealings relating to real estate purchases at University Place

Yet, in spite of these findings, and the guilty parties acknowledging their criminal behavior, they are still permitted to work and practice law. Why is this, and what can you do about it if it affects you?

The Censure Debacle

While a child is growing up, and if they do something wrong, we as parents would punish them – this is how we have all learned right from wrong. The same in goes in our adult life – we all know that if we break the law, we will get punished. Depending on what it is we have done wrong or accused of, the punishment can vary – from an official warning for something minor, to losing your driving license for a road traffic offense, to spending time in jail embezzlement or something even more serious. There are even times when someone has spent time incarcerated when actually innocent.

However, the same set of laws do not seem to apply to attorneys. When they do something unlawful, as a rule, it does not look as if it affects their job too much, because they are still permitted to practice law. Still yet, if they are punished in a more serious manner, you can bet your bottom dollar it will not be anywhere near as severe as how we would be dealt with for the same crime.

The rationale for this is something attorneys love to fall back on, and that something is censure, a convenient scheme of publicly scolding someone without really doing anything official. Sure, when you hear that an attorney has been “publicly censured”, it might look and sound good on paper, but in fact it is anything but. The only thing that happens is that a public official, or if someone of prominence does receive a warning, it is like being a slapped on the wrist, and told not to be naughty again. Not exactly inductive to making someone alter his or her ways. However, it is not just this that is at fault here.

The Old School Tie Network

When any kind of law is broken, if it goes to court then it is normally attorneys who will work to see that the correct type of penalty is laid down out by the judges. However, if it is an attorney who is on trial (although this in itself can be hard to achieve, thanks to the censure procedure), then you can just about ensure that an old friend or colleague from law school will take their case.

As if that is not bad enough, you will find that the attorney is probably a friend of the judge that is hearing the case, which does not provoke confidence that the case is going to be heard fairly or with impunity. It is this kind of “all for one, one for all” attitude that has seen public faith in attorneys lapse to an unprecedented low, which is a particular embarrassment for the good attorneys that do their job well and look out for the people that matter – their clients.

If you have been a victim of malpractice by an attorney, there are ways that you can bring them to justice, and not just leave them to go the normal route of censure and favors from friends getting them off the hook.

Taking The Law Into Your Hands

One avenue that you can take to see the offending attorney brought to justice is by way of the state governing boards that are supposed to be responsible for attorneys being able to operate in a particular state or county. Unfortunately, this can be a tremendously costly and is usually a very long-drawn out process, which is not always successful, because the attorney can appeal it and generally the accuser is unaware and unable to speak out against them again. While the appeal is going on, they are allowed to continue to practice law…ergo the attorney gets away with it.

Another way you might consider is to use another attorney, which may sound bizarre as you are bringing a case against another attorney. However, just like any job and vocation, there are some exceptional attorneys who would like nothing better than to successfully charge and prosecute someone who is blighting their business and good name in such a negative manner.

If you are unsure of where you should start, there is usually a lawyer referral service in your town or you can go online and do a search with Google, Yahoo or MSN where you will find lists of firms in your city that would be more than willing to take this type of case on.

Another option is to go to the local and national press. People hate to think of those intended to protect our rights as operating in an criminal manner, and they like it even less when it is an attorney who is using the law to further enrich their own way of life. For that reason, you should take all your facts and dates to the press, who would love to chase these lawbreaking attorneys down for you.

No matter what you decide to do, please do not just sit and hope that the attorney will be found out without your help – that is why there are so many bad ones on the loose in the first place.

Attorney Videos in Today’s Marketplace

The increase of home personal computers, Internet, and new technology is providing a lawyer with a way to connect effectively with the public. How can an attorney take advantage of this new Internet marketing tool? The lawyer can have an attorney videos created specifically related to his legal practice. The advantage of attorney videos allows web page visitors to achieve better understanding by being able to hear and see a presentation about the attorney practice instead of reading the information.

This is the preferred way of most Internet users, and 99% of users have the ability to view these videos. Future clients can access the videos seeking legal information and may choose the lawyer to represent them with their legal issue. Attorney videos allow the lawyer a chance to showcase his legal skills, knowledge, and his courtroom presence. Then he can have his attorney videos place on his Web page to market his legal practice to the public, and reach a target group of potential clients. In today’s market place and bad economy the attorney can use his videos to expand his client base allowing for the attorney maintain a profitable practice.

Some benefits of attorney videos are:

1) Increases visibility in customer’s geographic area, and area of the attorney’s practice.
2) Increase credibility with current clients, and potential clients.
3) Brings qualified new clients seeking an attorney who will meet their legal needs.
4) Minimize time lost talking with people whose legal issues doesn’t match the type of law the attorney handles, and clients not ready to hire the attorney.

Is creating attorney videos something the attorney can do himself? Attorney videos need to be effective, and provide a positive first impression of the attorney’s law firm. Plus the attorney’s Web page needs to well design like the lobby in the attorney’s office to convey the attorney’s unique professional image to possible clients.

The attorney would be wise to hire a professional video producing company who specialize in creating attorney videos. The professional should be highly experience, and showcase the attorney’s image as positive, helpful, caring, and successful. It’s very important that the attorney videos are effective and flexibility so the attorney can use the videos for other business applications.

Some new technology that will increase the effectiveness of the attorney videos are:

1) Flash which provides an element of motion and sophistication. Plus it allows for the attorney to advertise a key page, or section within the website.

2) Cascading menus provide easy navigation of the website allowing the viewer to go from the home page to anywhere on the website with a simple mouse click.

3) On-site search engine giving the ability for prospects and clients to search by topics without leaving the website. Plus the on-site search engine increases the website usability and provides a positive user experience.

4) Streaming media (audio/video) will engage potential clients and reinforce the marketing message, and provide education, news about the firm’s legal practice, and introduce the attorney giving him a personal connection with online visitors.

5) Control access a security major that protects the website by requiring a password that only existing clients have or known individuals approve to access protected information. When a visitor comes to the website they must submit their name and E-mail address.

How Do People Select Rhode Island Divorce Attorneys to Interview?

Let’s face it. Rhode Island lawyers and lawyers in general are officers of the court. We’re supposed to be servants of the public. Yet at the same same we’re independent practitioners and we we’ve got a job to do and money to bring in through our private practice or we don’t survive.

It’s no wonder Rhode Island Lawyers are viewed with skepticism and even cynicism, especially when it’s time to hire one and you’re not sure who to hire or what to do. Here you are, you have a legal issue that needs to be addressed and you take the time to try to identify an attorney who will meet your needs.

It’s easy for questions to surface as to whether the attorney you’re interviewing is looking out for your best interests or simply looking out for his or her own interests and making some money to put food on his or her own table. It is, in fact, appropriate for you to question the attorney’s motives. The best time to do that is at the time you interview the attorney.

You should know that when you set up an appointment to see an attorney, YOU are interviewing the attorney just as much as the attorney is interviewing YOU.

So how do people generally go about choosing an attorney?

1) A referral from a friend or family member.

This is a good source of referrals for the attorney, but is the attorney right for YOU? What did the attorney do for that friend or family member who made the referral? Did the attorney settle a personal injury case? That’s not going to do you much good if you need someone for a family law matter. If your referral isn’t to an attorney that regularly practices in the area of law you need and it isn’t from a person who used those same type of family law services then the referral is “empty”, in other words a referral should be better than just hunting around in the yellow pages. It should provide some valuable reassurance that the attorney you’ve been referred to, can and has already provided valuable an competent services to the person who is making the referral to you, and that those services are in the area of law that you need help with. Without that criteria, the referral is “Empty”.

2) An advertisement in the yellow pages.

This is of course an even less effective way to select a suitable lawyer to interview than the referral from a friend or family member who did not use the attorney for the same type of legal services that you are in need of. When you just select attorneys out of the yellow pages you will most likely do like everyone else does. You select the attorney based on the advertisement itself, particularly its size and its wording. Unfortunately neither of these are indicators that the attorney is competent or will serve you well in the area of law you are in need of. Imagine that you are in need of a divorce attorney and you select the attorney’s advertisement that is the largest and includes the words “Estates”, “Personal Injury Cases”, and Divorces, etc… with 15 years in practice”.

First, that advertisement probably cost quite a bit since even small advertisements in the yellow pages run $3,000 to $5,000 a year. From there you can take a guess who has to pay for just that single marketing ad. That’s right…that attorney’s clients. You can almost certainly plan to pay more for an attorney with a decent sized yellow page ad. Conversely, that attorney might be worth it if you select just the right one.

Second, the “15 years in practice” tells you one of two things. Either that you are going to pay more for those years of experience or that he has been doing “something” law-related for 15 years. I know attorneys who have been in practice for 20 years and have handled perhaps 10 divorces in that amount of time. By the same token the advertisement above wouldn’t seem as impressive if you knew that the attorney only handled 4 divorces within his 15 years of practice. That might not want to be the attorney you want to represent you if you need a Rhode Island Divorce attorney and complex divorce issues regarding pensions, alimony and tax consequences on the sale of a home come into play.

3) Search for the kind of Rhode Island lawyer you want on the internet.

This is becoming more and more the method of searching for attorneys in the technoliterate sector of society. Those who choose this method of searching can go to Google.com or another search site of their choice and type in the various terms they want to search on. Searchers can also vary their search terms if the results do not suit them. The main benefit to searching the internet to find Rhode Island attorneys to interview is the third party nature of the ranking system. In a search system such as Google.com, the primary listings are ranked by criteria that are not controlled by attorney. It is Google’s system that analyzes the attorney’s websites and/or pages and determines from there whether the attorney’s website matches the criteria you are looking for. In this way you are getting an unbiased selection of attorney websites to review.

Secondarily, if you are searching on the internet for an attorney, you will know if the attorney has a website or not. This will at least give you some indication that the attorney has kept up with technology. If he or she has done so then if it is important to be able to communicate with your attorney by email this may be a factor in your decision to interview that particular attorney. The information on the website of the attorney is also likely to be the most focused regarding what his or her primary practice areas. In some instances the attorney’s website will provide the most valuable information about the attorney in order to decide which attorneys to interview.