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What Factors Should I Consider When Hiring Attorneys in Portland?

What Factors Should I Consider When Hiring Attorneys in Portland?

Written by George McCoy on . Posted in Estate Planning, Family Law, Personal Injury.

How do you find the right attorney when you need legal advice or representation? Your first step might be to ask family, friends, neighbors, and coworkers for recommendations. First-hand experience with a law firm or attorney can provide valuable information about how they approach cases, treat clients, communicate, and more. 

You might also do a quick internet search to see what attorneys are in your area. It’s important to find a local law firm for a few reasons. Since laws vary from state to state and in different jurisdictions, a local firm will be the most familiar with the laws and local court system that might affect your case. Secondly, depending on the type and complexity of your case, you might need to consult with their team more than once, which will be easier with a local attorney. 

If you’re looking for attorneys in Portland, Oregon, for instance, the expert team at Warren Allen, LLP, has a wealth of experience representing clients across Washington and Oregon in a range of legal areas. Specialties include personal injury, family law, landlords’ rights, condominiums, estate planning and probate, and wildfire recovery.

Besides location, though, there are several other factors to consider when hiring attorneys in Portland or any other city. The following guide outlines some things to think about in your search.

Area of Expertise

First and foremost, you want an attorney familiar with your type of case. When attorneys specialize in a particular area of law, they are better equipped to provide sound legal advice and represent you in court should that become necessary. Familiarity with your type of case ensures the attorney can:

  • Develop effective legal strategies. They stay updated on changes in the related laws and are familiar with relevant case precedents and rulings, so they know what approach works best, what type of evidence is needed, etc.
  • Capitalize on established relationships. They will likely have established relationships with judges, other attorneys, and experts in the area who can help with your case. For example, in personal injury cases, you need an expert to establish negligence, gather evidence, and assess damages.
  • Work efficiently and confidently. Because these attorneys have already spent a lot of time working with similar cases, they won’t need extra research time, which will be more cost-effective for you. Knowing what paperwork is needed and which steps you need to take can also significantly reduce the risk of missing important deadlines or leaving out pertinent information.

Level of Experience and Reputation

Of course, you would like an experienced attorney with a high success rate, but how can you check? The first step is to contact your state’s bar association or use their online search function to verify the attorney’s credentials. Their online entry should also indicate whether they have faced any disciplinary actions or if there have been complaints filed against them. State bar associations should also have information about the attorney’s track record of cases.

You can also ask the attorney for references or case studies from some of their previous clients. These references can help you gauge client satisfaction and success rate. Read any reviews or testimonials you can find online. Do they have a good reputation?

Professionalism

Another important factor to consider is the level of professionalism of the attorney and the law firm. You want to feel confident that you and your case are in capable hands. When a law office, the attorney, or their team is disorganized, chaotic, or perpetually late, they will likely handle your case the same way. 

Communication

Maintaining professionalism in communication covers a few different areas. When you call or email, do they answer quickly, or do you have to follow up on communication attempts to get a response? Do they listen to you and answer your questions, or are they dismissive? Are they clear in their communication, or do they use many legal terms you might need help understanding? Do they seem genuinely interested in your welfare and your case?

Another thing that communication might clarify is whether or not the attorney has the time and resources to dedicate to your case and focus on your needs. Even if their communication is professional, delays in responses indicate that your attorney is very busy with a heavy workload and may be unable to give your case the necessary attention for success.

Presentation

If your attorney might eventually represent you in court, you want them to have a professional appearance and presentation, which will inspire confidence. You can begin to gauge their level of professionalism by looking at their website and office. Do they have typos on their website? Is the office messy or dirty? Are they dressed appropriately for a business atmosphere? 

Although these issues might be minor, they can give you a better sense overall of how seriously the attorney takes their job and, in turn, how much effort they will put toward your case.

Fee Structure

Some attorneys charge by the hour. Others work on a contingency fee basis, meaning you are only required to pay them if you win the case. Some charge flat fees for specific services. Discuss fees upfront and make sure you have a clear understanding of the billing structure. A good rule of thumb is to avoid any law firm that: 

  • Makes you feel uncomfortable asking questions about the fee structure
  • Cannot provide you with specific information about fees and costs
  • Guarantees you will win your case or will receive a certain amount of financial compensation

Compatibility

Even for a relatively simple case, you will work closely with your attorney and need to trust them. Feeling compatible and comfortable with your attorney is especially important if your case is sensitive (as in many family law or personal injury cases) or complicated. Trust your gut. Considering the above tips, you are in the best position to know whether the attorney you’re consulting with is the right fit for you.

Many reputable law firms offer free initial consultations for potential clients. These consultations are both to make sure you have a strong case and also to allow you to get a feel for the attorney. Take advantage of this service to ask questions and assess your comfort level.

Experienced Attorneys in Portland

Finding the right attorney might take some time. Don’t be afraid to interview multiple candidates before making a final decision. Ultimately, it’s worth the effort to make sure you have the right team on your side. If you are looking for experienced, professional, caring attorneys in Portland and the Pacific Northwest, contact the team at Warren Allen LLP. We would love to discuss your case with you.

Senior couple meeting over a desk with a female attorney.

How Do I Find an Attorney to Help Prepare My Estate?

Written by George McCoy on . Posted in Estate Planning.

Making plans for your loved ones in the event of your death or incapacitation is one of the most important things you will ever do. You need to find the best person for the role. An estate attorney in Portland can help you make the appropriate decisions and legal arrangements. But how do you hire one? Read on for tips to help you find an attorney to help you with this important work.

Get a Referral From a Friend

People often speak with friends first to find referrals. If you have a friend who has already been through the same process and you trust their judgment, ask for the contact details of the attorney they went with. Of course, you still need to make sure this attorney is right for you, but a recommendation is a great place to start.

Get a Referral From an Attorney

Getting a referral from an attorney who has worked for you in the past and who you believe has good judgment is a great way of finding someone who can help you prepare your estate. Attorneys will have plenty of contacts among other attorneys who specialize in this area and will be able to point you in the right direction.

Search Google for an Estate Attorney Portland

Another option when looking for an estate attorney in Portland is to do a quick Google search. Google searches can help you find more or less anything you want nowadays, however, be careful. You must make sure that the attorneys you find are reputable. Just because they rank highly on Google, does not mean that they are necessarily the best in the business. Do your due diligence and check out what the reputation of the firm and the attorney you will be dealing with before you put any money down.

Vetting Potential Attorneys

Check If the Attorney Has Malpractice Insurance

Having malpractice insurance is a sign of accountability. Everyone makes mistakes sometimes, so you should not hire an attorney who does not have malpractice insurance. In some states, it’s not a legal requirement for an attorney to have this type of insurance. But make sure that you are not caught out by an attorney who doesn’t have it.

A good tip to know is that attorneys who are incorporated (usually signified by having PC or APC after the name of their firm) have to keep malpractice insurance in most states.

Check What Law School the Attorney Went To

Some law schools are harder to get into than others, and these are the schools that tend to have the highest standards. The law school ranking system has four tiers, with the first tier being the most difficult to get into. Asking the attorney you are thinking of going with what law school they went to can tell you about their training and help you in deciding whether you want to hire them.

Ask How Long They Have Been Practicing

New attorneys lack the experience of attorneys who have been practicing for longer periods of time. For a role this important, it’s better to pick someone who has been practicing for a long time and dealt with a variety of situations. This increases the likelihood of you and your estate being in good hands.

Ask Exactly What Their Charges Are

Estate attorneys in Portland usually charge flat fees, rather than billing by the hour. Occasionally, attorneys do both and charge a fixed rate for some services but an hourly rate for others. Checking exactly what their rates are beforehand can ensure there are no surprises.

Ask If There Is Someone Else in the Office Who Can Answer Your Questions

While most estate-planning attorneys aim to make themselves available as much as possible, there are occasionally times when these attorneys are not contactable. If it’s important for you to have someone who can answer your questions expediently all the time, find out if you will be able to talk to one of their colleagues in this eventuality.

Questions for You to Think About When Meeting an Attorney

  • Do you have good rapport with this person?
  • Does this attorney communicate effectively and clearly?
  • Would you be happy talking about this person regarding personal matters relating to your estate?
  • Do you trust this person?

If you answer “yes” to all of these questions, this is further indication this attorney is the right person for the job.

What Should I Do Before Meeting a Potential Estate Attorney?

Before you meet with any potential estate attorneys, there are a few things you should do:

  • Write down your contact information and the contact details of the people who will be affected by this matter.
  • Have a good idea of what it is that you would like to achieve. If there are some things that you are uncertain of, a good estate attorney will be able to help you with this.
    Get the required documents and put them together in a logical order.
  • Write down as many things as you can about your situation. Doing this will help to speed things up while you are with the attorney. Remember, that attorneys tend to charge fairly high rates per hour, so doing this can help to save you money.
  • Make copies of the documents that you will give to your attorney, as you may need to look at them at a later date.

Conclusion

If you follow all the tips in this article, you will stand a good chance of finding an attorney who can skillfully carry out your wishes regarding your estate.

Warren Allen LLP has been serving Portland and the Pacific Northwest since 1971, and we have a great deal of experience in preparing estates. We know how important it is to make sure that those that you care for are provided for after you’re gone. You can be sure that your case is in safe hands with us.

Power of Attorney legal document with pen and reading glasses.

Power of Attorney and 5 More Legal Terms Everyone Should Know

Written by George McCoy on . Posted in Estate Planning.

You don’t need a law degree to understand some legal terminology, and in fact, there are some basic legal concepts everyone should know. For instance, “power of attorney” is a legal term many people seem to recognize. But what can it be used for and how exactly does it work?

Warren Allen LLP has experience litigating cases in several practice areas, and there are certain legal concepts that are relevant across the board. Here’s an overview of the most relevant and useful legal terms with which you should familiarize yourself.

1. Power of Attorney

A power of attorney (POA) is a legal document that grants someone else the ability, or power, to act on your behalf. A power of attorney can be executed for a limited purpose, such as one specific matter, or for a limited period of time. It may also be executed so that your representative has broad authority to act on your behalf for a range of legal matters.

For instance, let’s say you’re closing on a home, but you’re currently living in another city and are unable to attend the closing. You may execute a limited POA giving your spouse or attorney the ability to sign the closing documents on your behalf for that particular matter only.

On the other hand, you may want to grant a trusted friend or family member the long-term ability to act on your behalf in all legal matters. In this instance, you would execute what’s known as a durable POA. A durable POA in Oregon remains in effect indefinitely or until the power is revoked by the principal. In fact, an executed POA in Oregon is considered durable unless the POA expressly states something to the contrary.

A healthcare POA can also be executed if you want to designate someone to make medical decisions on your behalf. Even if you’re in good health, a healthcare POA is something you should consider in the event you become incapacitated and need someone to act on your behalf. For instance, you may want to communicate your feelings about life support to the person you designate as your healthcare POA and have them respect your wishes should you ever be unable to make your own medical decisions.

2. Retainer

A retainer refers to the fee that you pay to retain an attorney. An attorney may charge an hourly fee or a flat rate, depending on the legal issue at hand. If you are charged an hourly rate, you more than likely will have to pay the retainer before your attorney begins work on your case. Essentially, this is a good faith payment or a deposit of sorts.

The attorney then places that money in a trust account and accesses the funds as needed for expenses and services rendered. Should you have any money left over once the work is complete, your attorney will refund you the difference between the retainer and the amount of accrued expenses. Likewise, if the retainer does not cover the full amount of expenses, you will likely be responsible for paying the difference.

You may also choose to have an attorney on retainer, which is slightly different. If you have an attorney on retainer, you pay the attorney to be available for a specific period of time to answer questions or provide legal advice about specific matters. For instance, if you are a landlord or management company, you may want to have an attorney on retainer to answer questions about fair housing laws, eviction proceedings, or landlord/tenant disputes.

3. Liability

Liability refers to responsibility for a particular action or outcome. In personal injury law, for example, determining who is liable for an accident essentially means determining who was at fault. If a person is found liable, they will likely have to pay damages to the injured party. In some cases, who is liable isn’t entirely clear-cut, and it may be helpful to have a personal injury attorney acting on your behalf.

4. Damages

If you are found to be the liable party in a legal dispute, you will likely be responsible for paying damages—a monetary amount that is either agreed upon by the involved parties or determined by a court of law. Damages can be either punitive or compensatory.

The latter compensates the person for medical expenses, property damage, loss of income, and the pain and suffering they endured as a result of the injury. Punitive damages, on the other hand, are meant to punish the liable party.

For instance, a judge may award punitive damages on top of compensatory damages in a personal injury lawsuit. Punitive damages are meant to have a deterrent effect on the responsible party so they will refrain from any future reckless or negligent behavior that may have led to the incident in question.

5. With/Without Prejudice

Some legal matters may be settled out of court. But in other instances, you may need to file suit against someone to resolve a dispute. If so, a judge will evaluate both sides of the argument and either allow the case to proceed or dismiss it.

If a judge dismisses a case, it will be dismissed with or without prejudice. If the case is dismissed with prejudice, it means the judge has made a definitive decision to not allow the case to proceed further.

If a judge dismisses a case without prejudice, it means that the suit can be refiled with the court in the future. A judge could dismiss a suit without prejudice if certain revisions need to be made to the original filing or if more information is needed before proceeding.

6. Probate

When a person dies, probate is the process in which the person’s will is evaluated and verified before their property or assets are distributed. The probate process ensures the will is legitimate and that it is honored according to the deceased person’s wishes.

If a person dies without a will, a probate court will decide how the assets should be distributed. This can often be a long and drawn-out process, especially if there’s a debate about who should get what. That’s why it’s all the more important to draft a will before you die.

If you want to learn more about estate planning, Warren Allen LLP can help. From obtaining a power of attorney to drafting a last will and testament, we will provide you with sound legal advice and counsel. If you’re dealing with a complex legal matter, make sure you have an experienced team like Warren Allen LLP by your side.

 

Last will and testament legal document with fountain pen.

What Do Probate Lawyers Do?

Written by George McCoy on . Posted in Estate Planning.

One of the most loving actions a person can take while alive is to give time and careful thought to estate planning. This planning can ensure your assets are passed on as you want them to be and taxed as little as possible, making the decisions after death much easier and simpler for a grieving family. Even with careful planning, questions can still arise after your loved one dies, and it can be necessary to have a probate lawyer help you through the process of settling an estate.

When considering Portland probate lawyers, education, background, and experience are critical. Warren Allen LLP is a full-service local firm with a long history of deep community roots and exceptional client service. Our lawyers have the professional credentials and depth of experience to help you know your rights and responsibilities in the probate process.

At this point, you might be asking if you even need a probate lawyer. In this article, we’ll walk through what probate is, what a probate lawyer is, and what they do. Understanding their important role in how an estate is settled can help you make the best decisions for you and your loved ones’ future.

What Is Probate?

If someone dies owning property, the question of who will own the property next needs to be answered. Probate is the legal process of determining the person or people who will own the property after the decedent, the person who died, assessing assets, debts, and taxes, and distributing what’s left to beneficiaries. This can also be a lengthy process lasting from a few months to over a year. Statutes guiding the process may vary from state to state.

What Is a Probate Lawyer?

A qualified probate lawyer in Portland is an attorney who specializes in estate law to assist clients in all matters related to property, inheritance, and estate planning while still alive and to help administer or oversee the estate after death. A qualified probate lawyer should have successfully accomplished an undergraduate degree and a Juris Doctor, or law degree, from an accredited law school. They also need to have passed the bar exam to practice law in their state. Depending on the state, additional certifications could be needed. Not every lawyer specializes in probate, so understanding a lawyer’s background and experience can help you make the best decision for you and your loved ones.

When Is a Probate Lawyer Needed?

A Portland probate lawyer is needed when an executor or personal representative decides they need legal support to successfully administer the estate they’re entrusted with and avoid any liability should mistakes happen in the process. In many cases, it comes down to personal comfort level. Generally, the more complicated the estate, the more likely a probate lawyer could be necessary. Establishing a probate lawyer as part of your estate planning can make this decision easier. The probate lawyer could be the same lawyer who helped with the estate planning.

It’s possible to act as executor without an attorney, but it does take time, attention to detail, and organization. Executors often have their own full lives to manage in addition to settling the estate. While some estates can be settled without issue, it can be helpful to have additional support during a stressful time to take away guesswork or simplify complicated processes.

Additionally, if the estate is quite large or the debts exceed the value of the estate, a probate lawyer could be necessary to sort out the priorities and obligations. A Portland probate lawyer could also be needed when someone dies without a will and interested parties want their interests represented through the court-supervised probate proceeding.

What Does a Probate Lawyer Do When There Is a Will?

The simplest situation is when the decedent leaves a will that can be authenticated and is uncontested. When this happens, an estate may not need a court-supervised probate proceeding to be settled, and a probate lawyer can help you understand if this is the case. Their work can also look like a consultation, where they only help the executor understand legal definitions and deadlines or answer questions when unexpected issues arise.

In other circumstances, the probate lawyer could provide comprehensive services that provide support at every step of the process, from filing death certificates to the final distribution of assets to heirs or beneficiaries. Should conflicts arise between parties, the probate lawyer could be critical to mediating and resolving issues. A probate lawyer could also interact with the probate court when court permission is needed for various actions.

Here is a list of some of the most common things probate lawyers do:

  • Locate and secure assets such as insurance or retirement plans
  • Appraise and sell estate property, including real estate
  • Retitle for heirs or beneficiaries if the property isn’t sold
  • Communicate with creditors and settle debts
  • Determine final income tax returns and file
  • Understand potential state or federal estate taxes or inheritance taxes
  • Oversee the distribution of assets to heirs and beneficiaries
  • Validate or dismiss claims against the estate
  • Interact with probate court when necessary
  • Manage the flow of paperwork and deadlines
  • Mediate conflict between interested parties

What Does a Probate Lawyer Do When There Is No Will?

If the decedent died intestate, meaning they did not have a will or trust, the state statutes will determine how the estate is settled through the probate process. States have laws that govern intestate succession, or how assets are distributed in the absence of a will. Certain assets, such as insurance or a 401(k), will likely have a beneficiary named and will pass directly to the named beneficiary.

For assets that don’t have an established direct line of succession, concerned parties might benefit from a probate lawyer as they navigate the probate proceedings that determine the appointment of a personal representative or estate administrator, learn the legal heirs, and understand how the assets, debts, and taxes will be settled. Even when there’s no will, a Portland probate lawyer will still do many, if not all, of the actions in the list above.