Case Studies Do you need a lawyer in

Case Studies: Do you need a lawyer in these cases?

A. You hit a car in the parking lot. Your insurance agent tells you that the company will pay for all medical costs and property damage. • No need for lawyer if your insurance company agrees to handle the cost of all personal injuries and property damage • But, if you are sued for more than the amount of your insurance coverage, you probably need a lawyer

B. You borrow a friend’s car without his knowledge. He reports that the car was stolen. The officer sees the plate number and you are pulled over and then arrested and charged with grand theft auto. • This problem can probably be resolved informally if your friend agrees to explain the situation to the police • But, if you are arrested and booked you may need an attorney to help you expunge (erase) your arrest record

C. You buy a new home theater system for $1, 500. One month later the system does not work properly. You return to the store, and the manager tells you that his systems only have a two week guarantee. • The buyer can seek assistance from local consumer protection agencies or sue in small claims court • An attorney is not required because a lawyer may cost MORE than the price of the home theater system

D. You decide to trade your old car in and purchase a new one. • Car buyers need good advice, but not necessarily from an attorney • You might need assistance in reading the contract of sale and the financing agreement but not necessarily from a lawyer • A good mechanic’s advice is more valuable than hiring an attorney

E. Two of your friends are caught robbing the cashier at a local convenience store and name you as the one who planned the robbery. • You would definitely want an attorney in this situation, since you will probably be charged with a serious crime (felony) • Even though you did not take part in the robbery, if the charges are true, you may be liable for criminal conspiracy or as an accessory to the crime

F. You are suspended for three days because of an article that you wrote for the student newspaper criticizing the school dress code. • Courts have ruled that students do not have a constitutional right to an attorney in school suspension cases • A suspension is probably not serious enough to warrant an attorney • However, if you think your First Amendment rights may have been violated, you may want to hire one

G. You are turned down when you apply for a job. You think you were rejected because you are a minority. • Before hiring an attorney, you could contact the Equal Employment Opportunity Commission (EEOC) • They may be able to mediate a resolution • If not, an attorney who specializes in discrimination law may be able to help you determine whether and how to bring suit

H. You do not want your family to inherit the $100, 000 you have saved. After being told that you are going to die within a year, you want the money to be used for cancer research. • You should hire a lawyer who specializes in wills • He/ she can help you spell out in a legal document to whom you want the contents of your estate to go • If you do not have a will, your estate will be distributed according to state laws • This may result in your family inheriting your savings

I. Your spouse tells you that he/she wants a divorce. • If there are contested issues that involve such matters as child support, custody, alimony, or property division, you should consult an attorney • If there are no contested issues, you may wish to handle the divorce yourself

J. You earn $5, 000 working part-time in a restaurant during the year. You want to file your federal and state income tax returns. • You usually do not need a lawyer to file your federal income tax return • Many people file their income taxes without any help • A tax accountant can better assist with this type of planning • Individuals with complex tax-planning issues (estates and trusts) may wish to consult a tax lawyer • If you have questions and want free assistance, you can contact the Internal Revenue Service (IRS)