Experienced Eugene Oregon
Criminal & DUII Defense Attorney
Call 541.345.4500
Experienced Eugene Oregon
Criminal & DUII Defense Attorney
Call 541.345.4500
Before you open up your checkbook, ask yourself if you really need a lawyer? [FN 1] The answer may be “No.” [FN 2] Don’t confuse convenience with necessity. There are even instances where hiring a lawyer might be counterproductive. Let me explain.
I practice criminal defense. Every once in a while my legal assistant lets someone slip into my office who is not charged with a crime. He or she is charged with a traffic violation. They’re looking at the possibility of a fine, potentially an increase in insurance rates and, unlikely but possibly, a driving license suspension. In Oregon, traffic violations are tried to a judge, and the standard of proof is what is called a preponderance of the evidence, or “fifty-one percent wins it.” In traffic violation cases, this standard of proof is more technically and historically defined as, “the cop always wins.” [FN 3] Here’s how the process works: The cop testifies, you testify, and then you pay the fine on the way out. Your best of chance of winning is if the cop doesn’t show up for the hearing. This happens from time to time. But in most jurisdictions, if an attorney notifies the court that he or she is representing the alleged traffic violator, guess what? The prosecutor’s office might assign an actual prosecutor to handle the case. And guess what the prosecutor’s main job is? Yeah, to make sure the cop shows up to tell the judge just how guilty you are. So, when one of these folks finds his way into my office, if I don’t see a legal issue I can help with (and far more often than not I don’t), I tell the client he or she is likely better off without me. [FN 4]
Other examples of circumstances where you don’t necessarily need a lawyer are when you are called as a witness in a civil or criminal proceeding. Or you need to file some kind of simple paper work with the court. Here’s the rule, if you think you might need a lawyer, meet with a busy one (In 26 more minutes, you’ll know how to find a good one) and ask him or her. Pay them to tell you whether you need their help. They might even tell you for free.
FN 1 If you’re preparing for a knockdown, drag-out custody battle, someone has just infringed on your patent or you’re reading this from inside a maximum security correctional facility, please feel free to skip this chapter.
FN 2 As a member of the legal profession, my allegiance to my brethren and my sisteren requires me to make a slight modification of this answer. To the non-legally trained mind, the answer “No” may appear relatively straightforward. But what I really mean by “No,” is “Yes.” Again, there are over 1.25 million lawyers in the United States. We have mortgages people. Please don’t let us down.
FN 3 This definition is 800 years old. It was first established in Magnacarta, on page 3, section 15, except that it referred to chariot violations. And, trust me, you don’t want to know what the definition of “unlawful emissions” was back then.
FN 4 I say it like this: “As much as it pains me to tell you not to pay me a bunch of money, I think you’re better off without me.” (I say this with tears in my eyes.)
Experienced Eugene Oregon
Criminal & DUII Defense Attorney
Call 541.345.4500