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you can also try to handle a legal matter yourself. People without legal training may be able to handle some simple legal matters themselves -- this is called proceeding "pro se" or "pro per." Taking on a legal matter yourself can be risky, however. Each step may involve tax or other consequences that you may not think about. Doing it yourself also requires a lot of time and energy to learn the proper procedures and law. But sometimes people feel that they can't afford legal representation or they just want to do it themselves.

who is entitled to a free lawyer? The Constitution guarantees free legal help for people who are charged with a crime which might lead to imprisonment and who cannot afford a lawyer. If you find yourself in this situation, request the appointment of counsel when you first appear in court. When a court decides someone is "indigent" - with few assets and no funds to pay an attorney - generally either a private lawyer will be appointed by the court and paid with county funds, or a public defender program will be appointed to represent the person. Some public defender programs are permitted to charge an "application fee" from clients, though this is usually a small amount.

before you agree to hire a lawyer, you should ask the lawyer for details about how he or she will calculate fees, what expenses you will be responsible for in addition to fees, an estimate of the total fees and expenses, and how long the legal matter will likely take to complete. If any of these are not clear to you, this is something you should try to discuss as soon as you realize that there could be a misunderstanding. At the same time, you should realize that a lawyer cannot usually predict exactly how many hours of work will be involved -- especially if the case involves a dispute with another party.

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who else qualifies for a free lawyer? In non-criminal or "civil" cases, you do not have the right to a free lawyer. But there are many legal aid and pro bono programs that provide legal help for the poor in civil cases. People whose income is low (below the federal poverty guidelines - see below) are generally eligible for free legal help through these programs. In addition, people who are elderly, disabled, the victims of domestic violence, enlisted in the military or in other special circumstances may be eligible for help even if their income is a little higher. Because these community-based programs often operate with very small budgets and don't have enough resources to serve all eligible people, they handle only certain types of cases and must turn away many people who ask for help.

through some Web sites you can hire a lawyer -- who may be a great distance away -- to either handle your entire case, or just to give you advice or prepare some forms for you. You should be careful and check references, especially when dealing with for-profit vendors over the Web. There are many online directories of lawyers, and services that match clients and lawyers. Many of these are for-profit enterprises. Some earn revenue from fees charged to clients, others support themselves by offering books, forms or other information for sale to the public, and still others charge lawyers a fee to participate. Remember that lawyers are licensed to practice on a state-by-state basis. If you are hiring a lawyer, make sure that he or she is licensed in the appropriate state. You can make sure the person really is a lawyer by contacting the state agency that licenses lawyers

do I Have to Use a Lawyer? Many people handle legal issues by themselves, without a lawyer. But the law is complicated, and one legal matter can affect another legal issue. For example, a divorce or child custody issue might affect your taxes. Lawyers are able to tell you about how one legal action or decision might affect others. If you want to proceed without a lawyer, it is worth finding a good information source that can alert you about the issues you should be aware of.

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A will is probated in the county and state in which the testator (person who wrote the will) died. If the testator owned any property in another state, another probate proceeding will be started in that state and county. Assets that do not pass directly to a surviving spouse or other heir through a community (joint ownership or joint tenancy) property agreement, right of survivorship, a payable on death (POD) bank account, an "in trust for" account with named beneficiary, other trusts with named beneficiaries, life insurance, retirement accounts [e.g., IRAs, Keoghs, and 401(k)], or annuities are subject to formal probate proceedings. If the decedent dies without a will (intestate), and no beneficiaries are named, the courts will determine the hierarchy of heirs.

Should I hire a probate Probate Lawyer? Because of the legal complications that may arise in the probate process, many people try to put together their estate plans so as many assets as possible pass directly to their intended heirs. To assure your estate is distributed according to your wishes and to avoid as many legal complications as possible through the probate process, consult with an estate planning or probate lawyer in your area to formulate the best plan for your needs. If you have legal issues pertaining to the probate process or wish to contest a will, it's wise to retain a probate attorney who is well versed with the laws in your state. Use the search form on this page to find a qualified probate lawyer in your area.

Although every lawyer has his or her own unique way of doing things, most law offices share a surprising number of similar characteristics in terms of how they do business. Understanding some of them will help you to get more effective legal representation.

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