First off, let me start by saying that if I could afford to represent people and not charge them, I would.  I love my job.  I love helping people and I would gladly do it for free.  However, I have also learned the hard way that I can only take on charity cases when my bills are paid and I have extra time.  Unfortunately, those two circumstances rarely occur simultaneously.

Okay, so how does someone on a tight budget navigate through the legal arena?  There are a few different options that I am going to discuss in more detail below.

Represent Yourself

When someone is representing him or herself concerning a legal issue that person is said to be proceeding pro se, which is simply a Latin phrase meaning “on one’s own behalf.”  There are some legal issues that are not overly complex and can be efficiently handled by someone who is not a lawyer; however, let me warn you, this does not mean that you should think of your smartest friend and ask them to represent you with your divorce… because that would be practicing law without a license which is illegal.  Pro se means that you can represent yourself- it does not mean that you can have anyone you pick represent you.

When you are deciding whether or not you want to represent yourself you should consider the following factors:

1. Are you comfortable with paperwork? 

If the answer to this question is “No” than you should NOT represent yourself.

2. Are you good with meeting deadlines?

If the answer to this question is “No” than you should not represent yourself.

3. Will anyone be opposing you on this legal issue?

If the answer to this question is “Yes” than you may not want to represent yourself.

4. If so, will the opposing party be represented by a lawyer?

If the answer to this question is “Yes” than you may not want to represent yourself.

If you are comfortable with paperwork and good at meeting deadlines you are a good candidate to be able to successfully represent yourself in court, especially if no one is opposing you.  For instance, it is completely possible to file your own no-fault divorce if your spouse also wants to get divorced and if you do not have any assets that need to be divided.  In this instance, both parties would proceed pro se and the paperwork and procedure should be fairly cut and dry.  Certain counties, including Lehigh County, even offer step-by-step instructions on their website.  (Check it out here http://www.lccpa.org/selfhelp/divorce.)

However, even if you are good with both paperwork and deadlines, if you suspect that the other party will be fighting against you on your legal issue than self-representation becomes much more difficult.  If the opposing party hires an attorney, it puts you at a disadvantage to proceed pro se (of course you can do it anyway, but be aware that you will then be dealing directly with this attorney who will, in all likelihood, want you to make a mistake).  I strongly caution you against believing anything that an opposing attorney tells you- not because they are evil people, but simply because there is a conflict of interest.  To illustrate the conflict of interest, let’s consider what would happen if your spouse’s attorney gave you good advice on dividing your marital assets.  This would mean that your spouse, their client, would be getting less… which no attorney would do.

It takes about seven years of college (4 years undergrad and 3 years of law school) to become an attorney.  It is a highly specialized set of skills and I would not recommend anyone proceeding pro se against a party who has hired an attorney.  In fact, even attorneys who have run-ins with the law, typically hire an attorney to represent them!  There is a quote that goes something like this… “He who represents himself has a fool for a client.”

Now if someone is opposing you on a legal issue, but they are also proceeding pro se, than you will have a far better chance of moving forward successfully with self-representation.   And I must admit that I have seen the infrequent but inspiring case of someone who has successfully represented themself against a party who had hired an attorney- but these stories are the rare exception.

Find a Private Attorney to Represent you Pro Bono

Pro Bono is another Latin phrase, shortened from pro bono publico, meaning “for the public good”.  But, what it means to most is “free of charge”.  There are many attorneys who pride themselves in performing pro bono work for their community.  There is no harm in trying to locate one to take on your case.  However, your odds of being successful in this endeavor are not good and here is why… because, when I do have enough money to pay my bills and extra time to donate to helping others, 99% of the time those “others” are my friends, family, or nonprofit organizations with which I am involved.  I think that most lawyers are like me in this aspect… we all do countless hours of pro bono work, but hardly any of it is for the stranger that called one of our ads.

But, maybe you will be lucky and find someone who really is sympathetic to your cause or who is looking to get more experience in a certain field.  You never know until you ask and nothing ventured, nothing gained.

Consult a Legal Aid Office

Some counties have legal aid offices and they may be able to offer you help.  To find out more information about what legal services may be available in your county you should contact your local bar association.

North Penn Legal Services is an amazing resource for many people in our region who cannot afford to hire legal representation.  More information about North Penn Legal Services can be found at http://northpennlegal.org.  However, please be aware that NPLS does not offer help in criminal, personal injury, or traffic court issues.  If you have a criminal law issue you should consider contacting your local public defender’s office.

Hire a Private Attorney who Will Work within Your Budget

If none of the above-mentioned options are right for you, it may be time to consider finding a private attorney who can work with you on payments.  Typically attorneys charge clients in one of three ways- hourly, flat fee, or contingency fee.

An attorney who charges hourly will typically charge anywhere from $100-$400 per hour depending on their experience, the cost of living in the area, and the demand for their services.  When attorneys charge an hourly rate they typically request a retainer fee upfront.  A retainer fee is basically when a client prepays for their legal services.  Retainer fee payments are put into a special trust account and, in Pennsylvania, the interest that these trust accounts generate is pooled together and used to support legal aid programs.  As the attorney works on a case they transfer money from the trust account into their business account because, at that point it is considered to have been earned.  If a retainer that a client provides gets low the client will be asked to add more funds to the account.  When their case is completed, any remaining funds will be returned to the client.

Some attorneys offer flat fee payments.  This means that a client will pay one lump sum up front for a specific legal service and will not be charged hourly.  A flat fee agreement usually ends up being a good deal for a client because they know at the outset all of the costs and fees involved; this knowledge allows them the comfort of communicating with their attorney at will, without the fear that each minute on the phone is going to be added to their bill.

While a flat fee agreement can be a good choice, it is often only offered for specific legal needs such as the drafting of a will, or representation at a specific conference or hearing.  Flat fees are rarely offered in situations where it cannot be easily estimated how long the legal needs of the client will continue.

A contingency fee agreement is where an attorney will represent you for free, and only get paid when and if they recover money for you.  You will often see personal injury cases, or disability claims handled on a contingency fee basis.  However, there are certain types of cases where attorneys are specifically not allowed to offer their services for a contingency fee, such as criminal cases or family law issues.

Now that you have some information about different payment methods used by attorneys, you should be able to feel comfortable discussing your options with a prospective lawyer during your consultation.  I always encourage any prospective clients who are on a tight budget to shop around when it comes to choosing an attorney.  Go meet with different lawyers who offer free consultations and during those meetings talk with them about how they handle their billing.  If they charge hourly, ask them what their rate is and compare it to other attorneys practicing in your county.  Find out how much of a retainer fee they may need up front.  If you don’t feel comfortable asking an attorney these questions, they are probably not the right attorney for you.  The right attorney will make communication easy.

In Conclusion

Even though I love what I do, and I enjoy helping others, the reality of the situation is that I have to charge a fee.  I always offer free, no pressure, consultations and my hourly rate is much lower than most attorneys practicing in the area.  Additionally, I am one of the very few attorneys who will set clients up on personalized payment plans.  I hate the idea of turning someone away because of financial reasons and I will do everything in my power to try to work out a payment plan, or method, that they can afford.

Too many people question the existence of an attorney who is both good at what they do and affordable; these skeptics are right to be wary.  We have all heard the saying, “you get what you pay for” and most of the time that is true.  However, I pride myself in being that attorney; the one who is both good and affordable.   Please call me today at (484) 560-7457 to set up a time for your free, no pressure, consultation.

Be happy.  -Angel

#1 Reason You Do Not Have a Will- 

You are not going to die.

People do not want to think about their own mortality.  People, myself included, are constantly saying things like, “If I die…” followed by knocking on some wood.  The reality of it is that we are all going to die one day.  Denying the inevitable, and not preparing for it, does not make it any less likely to occur.

It is uncomfortable and even depressing to consider how you would want your property divided up and who you would want to distribute your assets on your behalf.  No one wants to seriously consider whether one child would be more responsible handling your final wishes over another.  Or whether your best friend would want to take on the role of executor.

I understand all of those things.  But, ask anyone who has lost a loved one who died without a will and they will tell you how much harder the process was for them.  I mean, consider losing a parent, spouse, or child and then in the midst of your unbearable grief you have to decide how they would have wanted their estate divided up.  But you don’t know that answer.  You have to decide if they wanted to be cremated or buried.  But you don’t know that answer.  You have to find out if they had rented a storage unit or safety deposit box.  But you don’t know that answer.

Having a will in place does not make you die faster.  It does not make you more vulnerable to the Angel of Death.  It simply means you are responsible, and it should bring you peace of mind knowing that one day, when you are no longer here, things will be easier for the ones you are leaving behind.

#2 Reason You Do Not have a Will-

If you die without one, your kids won’t fight over anything anyway.

I’ve heard many people explain to me that they do not need a will because, if they die, their kids will inherit everything anyway, whether they have a will or not.  Since they want their children to inherit everything having a will is unnecessary.

You may be right.  Maybe you have kids who will, by default, automatically inherit all of your earthly belongings one day.  Maybe, your kids are highly sophisticated and classy youngsters who will not even squabble over any material possession you may have owned.  Maybe they truly do not care for material items and simply want to work together on liquidating your estate and helping one another through a difficult time.

But, more likely, your children are normal.  More likely, even though your kids love you and one another, they will both want a specific item that holds sentimental value.  Maybe it was Dad’s classic corvette that was his pride and joy? Or Mom’s engagement ring she wore every day for the last thirty years?  Wouldn’t it be nice if your kids didn’t ever have to have one single argument about these things because you took the initiative to address it in your will?

Also- for the families that truly do have amazing children who would never ever fight over any aspect of dividing up an estate.  I leave you this thought- would your children fight over whether or not you wanted an open or closed casket?  Whether you wanted your ashes sitting in an urn above the fireplace or spread out over the Appalachian Mountains?

Even the best families with the most wonderful children should not be forced to make such difficult choices because you did not take the time out to make those decisions for yourself, while you were still alive.  These decisions can tear a grieving family apart.  But, the good news is that if you have a will, they are 100% avoidable.

#3 Reason You DO Not have a Will-

You are young and healthy.

Yes, you are less likely to die when you are young and healthy.  In fact, I read once that the decade of your 30s is when you are LEAST likely to die.  I think that all of the craziness and risk taking that comes with youth has started to fade and all of the ailments that come with old age or an unhealthy lifestyle has not yet kicked in.  But, unfortunately, we all probably still know someone who has died in their thirties.  Whether it be a car accident, cancer, or the negligence of another person- death can still happen to the young and seemingly healthy.

Also one of the most important reasons someone young and healthy should have a will is because they have children, or may have them one day.  What if something happens to you and your spouse at the same time?   Do you know what would happen to your babies?  Most parents probably know who they would want to raise their children in their absence, but in reality, it may not play out that way once you are gone.  But, if you have a will in place that specifically states your desires, the odds of your children being raised by the person you chose is very high.

Or maybe the idea of your child inheriting a large amount of money is very scary.  In my personal opinion, almost no good can come from anyone under the age of 23 having access to tens of thousands of dollars.  I have even had the opportunity to speak with a 23 year old who had inherited about $20,000 at the age of 18 and had spent every last cent in that first year with not a thing to show for it.  He told me that he wished he could have that money again because now he would do it differently.  But, you don’t get second chances with this sort of thing.

However, you can put clauses in your will stating that any inheritance going to your child (or niece, nephew, grandchild, etc.) will be placed in a trust account that cannot be accessed until that child is a certain age.  You can even have a trust account set up in a way that states that they cannot get their inheritance until they graduate college, buy their first home, or any other clause that you feel will help to ensure their success.

In Conclusion

Everyone should have a will.  This includes you.

Do not take a difficult time for your loved ones and make it worse.

Give them answers to those difficult questions that they will be asked in your absence.

Ensure that your kids will have the best future possible.

A will is an affordable and responsible way to ensure that your last wishes are upheld.

Pick up the phone and make that call.  484.560.7457.

Be happy.  -Angel

Patti wasn’t a relative of mine or even what I would call a friend.  She had been my teacher.  For just one semester, in one class, at law school, I took Animal Law with Patti Bednarik and until recently I didn’t realize what a profound influence she had on me.

When I reflected on my time in her class and everything she had taught me, I started to understand why I was so upset.  Patti taught me a lot about animal law.  It’s interesting that animals occupy a unique place in our legal system.  I learned about undercover “sting” operations that had taken place to catch dog fighters and about the idea of hunting feral cats in an effort to reduce the surplus population in certain states.  But, what I learned the most from Patti was not what she had set out to teach me.

Growing up, I did not know a one lawyer.  By the time I had entered law school, I had become acquainted with Attorney Stopp, from Steckel & Stopp in Slatington (through my work on Northern Lehigh’s School Board).  But, otherwise, my real world views on attorneys were mostly being shaped by my professors at law school who were all members of the Bar.  But, they were also all the same.  They played the role of attorney very well and dressed and acted the part.  Not that some of them weren’t also inspirational or amazing in their own right (off the top of my head, Professors Gilden and Pratt were engaging and dynamic teachers at Penn State Law).  But Patti was NOTHING like them.

Most days in class Patti was dressed like a page from an L.L. Bean magazine.  Casual and comfortable in a pair of khakis and a cotton blouse (at least this is how I remember her).  She didn’t seem to ever wear much, if any, make-up and never spoke down to her students.  Her class was interactive and comfortable and she seemed to embrace it if an open dialogue about animals kept us from finishing a slide show presentation.

One day, I remember her mentioning that she was a landlord and had rental properties but that she would only ever rent to pet-owners.  She said that since there were very few landlords who would allow pets, she did not want to have one of her units occupied by a non-pet owner.  I remember loving this thought… and the idea that she was so passionate about her love for animals amazed me.  Everyone should have a passion in their life.

Patti was never blessed with children and her pets were her babies.  She advocated for adopting rescue pets and hated the bad press pit bulls were getting.  In 2000 she used her passion to start an Animal Law Committee at the Pennsylvania Bar Association.  She chaired the Committee, it grew in size, and she is given credit for the fact that now most law schools in Pennsylvania offer an animal law class.

Sometimes lawyers, including the ones that are experienced enough to be law school professors, become jaded and cynical.  They are rich and brilliant and look and act the part accordingly.  Patti, for this small town girl who felt out of her element at law school, was a breath of fresh air.  She taught me that I can use my degree to help people.  That a “good lawyer” is not an oxymoron.  She broke every stereotype people had taught me about attorneys, and I love that about her.

So yeah, I was upset when I heard Patti wasn’t doing so well.  I knew she had been battling polycystic kidney disease for the last year and had recently undergone a kidney transplant surgery over the summer.  But what I didn’t know was that two days after the transplant, she was diagnosed with stage three ovarian cancer.  On October 26th, 2013, Patti passed away.  I read that she did not ever complain about her illnesses and continued to be thankful, happy, optimistic, and live each day of her life to the fullest up until the end.  I am truly blessed to have been taught by her and to have her as a role model of what a lawyer can be.  A good, kind person, with a big heart and positive attitude who left the world much better than how she found it.

So, in honor of Patti, I’m asking you to reflect on that person who has influenced your life.  Maybe thank them for their inspiration, and we should all work to try to be an inspiration to others.  #InspiredByPatti.

Be happy.  ~Angel

Out of the first 40 cases that were identified as having testable evidence that could lead to a possible exoneration… 18 OF THEM SHOWED THAT THE PERSON CONVICTED WAS INNOCENT!  That’s 45%!

I can truly think of nothing more awful than sitting in jail for decades for a crime that you did not commit.  Not celebrating holidays, not seeing family or friends, and not having any appeals left for your case.  These men had all but lost hope before this Conviction Integrity Unit came into existence.

But, this isn’t just a problem in Texas.

There are innocent people incarcerated all throughout the United States.  Thankfully, most states have an “Innocence Project” set up.  These nonprofit organizations work to exonerate those who are wrongfully convicted and are funded mainly through individual private contributions (45%) and foundations (another 30%).  The Pennsylvania Innocence Project is staffed, in large part, by law students at Temple University and volunteer attorneys.

I began volunteering with the Pennsylvania Innocence Project over a year ago and have never done anything so rewarding before.  I am very proud to be involved with such a great organization that is trying to right injustices.

Here are some shocking statistics:

• The Innocence Project has assisted in the exoneration and release of over 300 people wrongfully convicted
• The average person exonerated had already served 13.5 years in prison
• More than 8,000 people contact the Innocence Project each year for help
• The most common reason for wrongful convictions:   faulty eyewitness testimony (which played a role in 75% of the cases where individuals were later exonerated)

Sadly, (like many nonprofit organizations) the Pennsylvania Innocence Project has more people that need help, than they do resources to go around.  Many cases sit for months before they can be assigned to a law student or attorney to work on them.

If you want to help as an Advocate or if you are interested in making a monetary donation, please visit:
http://www.innocenceprojectpa.org/waystohelp/default.asp.

Know that your time and/or money would be going to help people like Eugene Gilyard, who just a few days ago (11/15/2013) was sent home after spending 15 years incarcerated in Philadelphia for a murder he did not commit.  An investigator from the PA Innocence Project, Shaina Tyler, was able to secure a confession from  one of the two true murderers which lead to a judge ordering a new trial for Eugene.  For now, the conviction against Eugene has been vacated and he is home on house arrest while the DA’s Office conducts an investigation to see whether or not they will retry him for this case.  If you want to read more about Eugene’s story click here:
http://innocenceprojectpa.wordpress.com/.

So please take a minute to visit the PA Innocent Project’s Website and learn more about their amazing organization and ways that you can help.

Be Happy.  -Angel