Wednesday, Feb 22, 2012
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Your resource for frequently asked legal questions.

Why choose professional legal assistance?

To protect the public, the law says only lawyers may give legal advice. A non-lawyer may be partially trained in some specific areas, but he or she does not have the necessary legal training to competently represent you.

Your lawyer’s license to practice, granted by the Nebraska Supreme Court, is your assurance he or she has met all of the necessary requirements to become a lawyer.

To practice law in Nebraska, all attorneys must be members of the Nebraska State Bar Association. To be admitted to the Bar, they must complete college and graduate from an accredited law school with a Juris Doctor degree; pass a comprehensive examination given by the Nebraska State Bar Commission; be of good character; pledge to uphold the constitutions of the United States and the State of Nebraska; and pledge to discharge their duties as attorneys to the best of their ability.

Most attorneys regularly attend continuing legal education seminars on various areas of the law. This helps them stay current on the law and better serve their clients. A lawyer is first and foremost an officer of the court, authorized to explain and interpret the law for you and to represent your interests both in and out of court.

How should I choose a lawyer?

Selecting a lawyer is a personal matter, much like selecting a family physician or other professional. You may wish to ask a friend, relative, or employer to recommend someone they know and trust. The lawyer you select should be experienced, trustworthy, and respected within the legal community.

When should I consult a lawyer?

In many instances, the best time to see a lawyer is not when you are in legal trouble, but before trouble occurs. Never think of a lawyer as a “last resort.” Preventive law is one of the most valuable services a lawyer can perform for you. Like preventive medicine, it can eliminate potential problems and help you save money.

Some of the situations in which you should consult a lawyer are:

  • Before buying or selling real estate
  • When you have been injured, either on the job, in an accident, as the result of another person’s neglience or because of a defective or unsafe product
  • Before signing a lease or contract with major financial provisions
  • Before making a will or planning the distribution of your property
  • Before organizing a business
  • If you are involved in an accident in which there is injury to persons or damage to property n When there are changes in your family status—
    marriage, adoption, divorce
  • When you have tax problems or questions
  • If a lawsuit is brought against you, or you want to bring a lawsuit against someone

What should I do if I am charged with a crime?

If you are charged with a crime, call your lawyer at the earliest opportunity after being arrested, and make no statements of any kind until you have received legal advice. Our American system of justice rests on the concept of “innocent until proven guilty.” It insists on appointment of legal counsel for persons accused of crimes, regardless of ability to pay.

What should I expect when I hire an attorney?

You are hiring an attorney to work for you as your advocate. You should expect your lawyer to:

  • Confer with you to pinpoint the problem
  • Research and analyze all available facts and information relating to your problem
  • Interview those involved
  • Prepare legal arguments for presentation in court, if litigation is involved
  • Negotiate a settlement if both sides can reach a fair agreement
  • Keep you informed about progress in your case and answer your questions
  • Discuss fees with you at your first visit, and agree how the fee will be paid
  • Be candid with you about your problem, your prospects for success, the time it will take and the advisability of accepting any settlement offered
  • Keep in confidence anything you say

What will my attorney expect of me?

Your lawyer will expect you to:

  • Be completely honest about all facts concerning your case, whether or not they are favorable to you
  • Be on time for appointments and not take up excessive time with visits or phone calls relating to minor details
  • Carefully consider his or her advice. Be patient and understand that legal matters are rarely “open and shut” cases; they require time and research and no lawyer can guarantee results in a contested matter
  • Pay a reasonable fee for the work performed

Can I change attorneys?

You may discharge your attorney simply by informing him or her of your wishes. Giving notice is a matter of courtesy and may be necessary so if a lawsuit has been filed the attorney may ask the court for permission to withdraw. Even if you discharge your attorney, you are still obligated to pay for any services already performed and costs incurred.

Can I handle my own legal matters?

Occasionally do-it-yourself “kits” are offered for sale to obtain a divorce, make a will, declare bankruptcy, form a corporation or write a contract. It is not illegal to use these for your own legal affairs; however, be prepared to accept the consequences of such action should difficulties arise. It is illegal for any person who is not a member of the Nebraska State Bar Association to give you legal advice or to act on your behalf in a legal matter in Nebraska.

On the surface, do-it-yourself law kits may appear to save you money. But even a minor detail in your case (a detail your lawyer is trained to notice) could result in a loss far greater than what you save by trying to be your own lawyer.

 

Contact Information

Phone: (888) 234-0621

Address: 530 South 13th Street, Suite 100
Lincoln, NE 68508-2795
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About Us

From offices in Lincoln, Nebraska, attorneys at Keating, O'Gara, Nedved & Peter, P.C., L.L.O. serve clients in Lincoln, Grand Island, Kearney, Omaha, Hastings, Norfolk, Fremont, Beatrice, Broken Bow, Valentine, Lexington, North Platte, McCook, Ainsworth, O' Neill, Wayne, Norfolk, Fairbury, Kimball, Sidney, Seward, York, Aurora, Columbus, and communities throughout Lancaster County, Adams, Buffalo, Custer, Gage, Hall, Lincoln and Red Willow Counties, and those injured in traffic accidents on Interstate Highway 80, and Nebraska state highways 81, 83, 183, and 281.