How to Find the Right Lawyer For You and Your Case

According to the American Bar Association, there is one lawyer for every two hundred U.S., citizens. The most important aspect of selecting a lawyer that is right for you is to take the time to research and understand what you particular case entails and seriously consider engaging an expert in that field.

Currently, one of the most prominent health issues for which individuals seek legal advice surrounds hip replacement. A visit to Stryker Hip FAQ gives you the opportunity to see exactly what a specialist attorney looks like for these kinds of cases. The best lawyers who deal with this issue on a daily basis accept clients on a continguency basis, meaning that their fee is derived from a percentage of the monetary award rendered in court.

In these cases, effective lawyers know the statute of limitations guidelines and readily agree companies that manufacture these devices have their own interest at heart, not the client's. Case history has proven that these large medical device providers have in-house medical, legal and financial professionals whose sole responsibility is to protect the company.

If your need for a lawyer surrounds product dispute, it is important to select a lawyer who understands the difference between claim filing and the institution of a lawsuit. In most cases, companies prefer claim filing because the issue is between the company and the customer's legal council as opposed to a lawsuit wherein the final outcome is decided by a judge of the court, either at trial or privately in chambers.

Regardless of the reason of need, the first criteria for selecting the right lawyer is search for his or her profile and background data online. The bar association of the state in which the lawyer is licensed will have a record of his or her training, experience and possibly cases for which appeals have been successful. The Office of the Attorney General of each state will have a record of any complaints or adverse information obtained from previous clients, other lawyers and courtroom judges.

If you have no particular lawyer in mind, valuable information can be gained by visiting Investopedia's article about finding a lawyer. The American Bar Association offers the Martindale-Hubbard directory that will enable you to locate lawyers by field of practice and geographic location.
For legal needs of a non-criminal nature, the Legal Aid Society of each state provides a listing of lawyers who accept pro bono or offer a sliding-fee scale for low income individuals.

One of the first precautions to observe when selecting a lawyer is not to totally rely on recommendations made by friends, family members or colleagues because each case differs in many ways. Information gained from televized info-mercials and telephone directory yellow pages advertisements may not always contain all the information needed when selecting a lawyer.

Entering a lawyer's name into your favorite search engine requires only a few minutes of your time and can result in invaluable data if the lawyer has a website. In addition to the site's FAQ sector, the About tab should contain information relative to contact by phone and email and whether or not the lawyer offers at least a 20 to 30 minute no-fee consultation.

Keep a log of all contact made both in person, by phone and by email with a prospective lawyer. If an effort is made by phone to secure an appointment, keep a written record of the message left by text or on an answering machine. If contact is initiated during normal business hours, allow 24 hours for response to message receipt. The log should also record the expected date for “promises in writing,” on the part of the lawyer, to be received.

The aforementioned log should also include a list of brief questions to be addressed during a face-to-face appointment. The answers to these questions should not require more than a maximum of 3-to-5 minutes time during the free-consultation visit.

Websites such as Nolo, offer a pre-screen system in which an individual may present a case online via trunkated email. Said email will be passed to lawyers in a specific geographic location and legal practice who will review the case and respond with a service offer.

Small Claims Format

Download a copy of the Statement of Claim in .doc format.

This form is useful in cases where the amount involved does not exceed P100,000.00. It is important to note that in small claims cases, a lawyer is not necessary, except when he is the plaintiff or the defendant. In case the plaintiff or defendant cannot personally attend to his case, he cannot be represented by a lawyer. The representative must be related to him or his next of kin.

Affidavit of Change in Motor Vehicles

Did your car undergo a repainting or major change in body type? You need to declare these changes to the Land Transportation Office by way of an Affidavit of Change in Color or Affidavit of Change in Body Type. Below is a sample of the Affidavit.

AFFIDAVIT OF CHANGE OF COLOR AND CHANGE OF BODY

I, _______________, of legal age, Filipino, single/married and a resident of ______________________ after having been duly sworn to in accordance with law, depose and state THAT:

1. I am the registered owner of a motor vehicle which is particularly described as follows:  

            Make & Type              :           ___________

            Engine Number           :           ___________

            Chassis Number          :           ___________

            Plate Number              :           ___________

            MV File No.                 :           ___________

            Year Model                 :           ___________

Color                           :           ___________

2. The original color of the said motor vehicle was "___________";

3. That recently, I had the motor vehicle’s color repainted to "___________" such that the color of the said motor vehicle was changed from "___________" to "___________";

4. The original body type of the said motor vehicle was "___________";

5. That on ___________, the said motor vehicle has figured in an accident and that the body cannot be restored to its original type and to have more use of the said vehicle, I have decided to change the body type of the said vehicle from "___________" to "___________";

6. The change of body type and the change of color are not intended for any illegal or unlawful purpose but solely due to the foregoing reasons;

7. I am executing this Affidavit to attest to the truth of the foregoing and in support of the application for the change of color and change of body type of the above-described motor vehicle on its Certificate of Registration.

IN WITNESS WHEREOF, I have hereunto set my hand this ___________ at ___________, Philippines.

Affiant ID No. ___________

 SUBCRIBED AND SWORN TO before me this ___________, in ___________, Philippines, affiant exhibiting to me her competent evidence of identity by way of her ___________ Identification Card.

Doc. No. _____;

Page No. _____;

Book No. _____;

Series of ______.

You can also download a .doc version of the Affidavit here.

SAMPLE FORMAT: MOTION TO REDUCE BAIL

If you have a client who cannot afford to pay his recommended bail, you can file a Motion at the court who has jurisdiction of his case and ask for a reduction of bail. In some instances, bail may be reduced up to 50% of the original amount, depending on the circumstances.

In a hearing for bail, it is necessary that the public prosecutor be notified and present during the same hearing because as the representative of the Republic of the Philippines, he has the right to object to the reduction of the bail.

Below, you can find a sample file of the Motion to Reduce Bail.

  Motion to Reduce Bail.docx

Download thru Dropbox here: Motion to Reduce Bail.doc

Tips for Hiring the Right Criminal Defense Lawyer

If you've been convicted of a crime, the first thing you need to do is find a criminal defense lawyer with whom you can work to clear your name and prove your innocence. But finding the right lawyer can be extremely difficult. Therefore, you should already know what makes a criminal defense lawyer a good fit, as well as what to avoid when searching for the best one to handle your case.

You already have a lot to worry about if you've been convicted of a crime, so the last thing you need is the stress involved with sorting through a list of lawyers in the area who may or may not work for you. Therefore, we've compiled some tips to help get you started. These will help clarify what you should be looking for as you evaluate your options.

Any Regular Attorney Just Won’t Cut It

When it comes to the specialized field of criminal defense, certain lawyers are great at it and certain ones aren't. Therefore, if you’re looking for someone who really knows how to handle these types of cases, seek out lawyers who specifically state that they have experience in this field. This will ensure that they know how to create a case that will clear your name, while also dealing with all of the claims made by the prosecution that wants to put you in jail.

Make Sure You Get Along

You’ll be spending a lot of time working with your criminal defense attorney, so you definitely want to find someone who is a good fit and who understands you and works with you well. If you find that you’re immediately butting heads and getting into arguments, it’s time to look for someone else. The last thing you need is to have to deal with someone you cannot get along with for the long duration of your trial.

Look for a Lawyer Who Is a Part of Prestigious Organizations

If you find a criminal defense lawyer who is a part of organizations such as the National Association of Criminal Defense Lawyers (NACDL), this is a good sign. It means that he or she is really a seasoned professional in the field. You definitely want someone who takes this type of work seriously, as opposed to someone who has only had one or two criminal cases throughout his or her career. Other organizations you can look for include the ABA's Criminal Justice Section or a particular state’s Association of Criminal Defense Lawyers.

Ask for Referrals From Friends and Family

If you were looking for a new hair salon or a babysitter for your children, you would probably consider asking your friends and family for referrals to people with whom they have worked. You can do the same when it comes to finding the best criminal defense lawyer. Though you may feel ashamed having to do this, put your pride aside, especially since you just never know who your friends and family may be connected with. They may very well know the lawyer you need to win your case and set you free. 

About the author

Olivia Gallagher is a freelance writer who enjoys giving people tips when they need them most, as in the case of people seeking a good criminal defense attorney. If you want to enter this line of work and help people win defense cases in court, seek out more information on a master’s in criminal justice.

Deed of Sale Sample Format

This is one of those sample formats of a Deed of Sale of a certain motor vehicle when the SELLER has not yet transferred the registration of the vehicle to his own name. Thus, the original owner (registered seller) need not sign the new Deed of Sale. In this scenario, we can establish the ownership of the second owner by citing how he acquired the motor vehicle. To know more, just read the format of the Deed of Sale below:

DEED OF ABSOLUTE SALE

KNOW ALL MEN BY THESE PRESENTS:

            This Deed of Absolute Sale is made and entered into by and between:

                                                                        , of legal age, Filipino, single, and a resident of ____________________________, Davao City, now and hereinafter referred to as the VENDOR;

-and-

                                                                        , of legal age, Filipino, single, and a resident of ____________________________, Davao City now and hereinafter referred to as the VENDEE;

WITNESSETH:

            That the above-named VENDOR is the owner of a motor vehicle, which he acquired from BPI Rental Corporation, in a Deed of Sale docketed as Doc No. ____, Page No. ____, Book No. ____, Series of  ______, dated _____________, of the notarial register of Atty. ________________ and which vehicle is more particularly described as follows:

Make:  

MV FILE No.:                        

            Type of Body:                          

            Engine No.:                              

            Chassis No.:                             

            Plate No.                                 

            That the VENDOR has agreed to sell, and the VENDEE is willing to buy the above-mentioned motor vehicle;

            NOW THEREFORE for and in consideration of the amount of _______________________________________ PESOS (PhP ______________), in hand paid by the VENDEE unto the VENDOR, and receipt is also hereby acknowledged by the VENDOR, the VENDOR hereby SELLS, CONVEYS and DELIVERS in the manner that is absolute to the herein VENDEE the above-described motor vehicle;

That the VENDOR hereby warrants the peaceful ownership of the above-mentioned vehicle;

            IN WITNESS WHEREOF, we have hereunto set our hands this ____________________ in the City of Davao, Philippines.

___________________________

Vendor

___________________________

Vendee

SIGNED IN THE PRESENCE OF:

____________________  and  ______________________

ACKNOWLEDGMENT

Republic of the Philippines)

City of Davao             )S.S.

x-------------------------------x

            BEFORE ME, a Notary Public, in the City of Davao, Philippines, appeared ______________________, with Driver’s License No. ______________________, valid until _______________ and ______________________, with Driver’s License No. ______________________, valid until _______________ and ______________________,, both known to me to be the same persons who executed the foregoing instrument and acknowledged to me that they voluntarily executed the same.

            This instrument consisting of two (2) pages including this page wherein the acknowledgment is written and duly signed by the parties as well as their instrumental witnesses refers to a Deed of Absolute Sale.

            WITNESS MY HAND AND SEAL this ______________ in the City of Davao, Philippines.

                                                                       

Doc. No. ______;                               

Page No. ______;                               

Book No. _____;                                             

Series of           .

Affidavit of Discrepancy and Affidavit of Two Disinterested Persons

It might come as a surprise for some people when they discover that the name that they have been using is not the same with the name their birth certificates indicate. If that happens, some public and private offices often require that the person concerned issue an Affidavit of Discrepancy and additionally requiring two other disinterested persons to attest to the identity of the person who has discrepancy in his name.

In the example below, a certain JOHNNY DELA CRUZ later on discovers that his Birth Certificate indicates that his name is actually JUAN DELA CRUZ.

AFFIDAVIT OF DISCREPANCY

            I, JUAN C. DELA CRUZ, of legal age, single, and a resident of Davao City, after having been duly sworn to in accordance with law, hereby depose and say:

            That since I was young, I have been using the name “JOHNNY C. DELA CRUZ;”

That I am also known by my family and friends as “JOHNNY C. DELA CRUZ”;

That recently, I applied for membership with the Philippine Health Insurance Corporation (PhilHealth) and as a requirement for such application, I was made to submit my Birth Certificate;

That when I requested for a copy of my Birth Certificate from the National Statistics Office, I was surprised that my name as reflected on the official document is “JUAN C. DELA CRUZ” (A copy of the Birth Certificate is hereto appended as ANNEX “A” and forms an integral part hereof);

That I attest that “JOHNNY C. DELA CRUZ” and “JUAN C. DELA CRUZ” is one and the same person;

That from now on, I will be using my true and correct name, JUAN C. DELA CRUZ.

            That I am executing this affidavit in order to attest to the truth of the facts aforementioned, and for any legal purpose this may serve.

            IN WITNESS WHEREOF, I have hereunto set my hand this this _____________ at ____________.

JUAN C. DELA CRUZ

                        Affiant

Witnesses:

                                                                                                                                               

            SUBSCRIBED AND SWORN to before me this this _____________ at ____________,, affiant exhibiting to me his PhilHealth ID No. ________________.

                                                                                   

Doc No. ___;                                                                           Notary Public

Page No. ___;                                                             

Book No. ___;                                                             

Series of _____.                       

JOINT AFFIDAVIT OF TWO DISINTERESTED PERSONS

            WE, WITNESS ONE and WITNESS TWO, both of legal age, both single, and residents of Davao City, after having been duly sworn to in accordance with law, hereby depose and say:

            That we personally known “JOHNNY C. DELA CRUZ” because we are family friends and we have known him for more than 30 years;

That we also personally know that “JOHNNY C. DELA CRUZ” has been using that name since he was a child;

That we personally know that from available records, his authenticated Birth Certificate indicates that his name is “JUAN C. DELA CRUZ”;

That we attest that “JOHNNY C. DELA CRUZ” and “JUAN C. DELA CRUZ” is one and the same person;

            That we are executing this affidavit in order to attest to the truth of the facts aforementioned, and for any legal purpose this may serve.

            IN WITNESS WHEREOF, I have hereunto set my hand this this _____________ at ____________.

                        WITNESS ONE                                         WITNESS TWO

                        ID/CTC No.                                                  ID/CTC No.                           

                        Issued on                                                      Issued on                             

                        Issued at                                                       Issued at                               

            SUBSCRIBED AND SWORN to before me this _____________ at ____________, affiants exhibiting to me their competent evidence of identity written below their names.

                                                                                   

Doc No. ___;                                                                           Notary Public

Page No. ___;                                                             

Book No. ___;                                                             

Series of _____.                       

Sample Form: Waiver and Quitclaim

WAIVER AND QUITCLAIM

          I, (name of waivor), citizenship, all of legal age, a resident of (insert address here) and formerly employed with (insert name of company or employer here) do by these presents acknowledge the receipt of CASH/CHECK in the sum of (state amount of cash/value of check here),Philippine Currency from (insert name of company or employer here) in full payment and final settlement of my separation pay, and all other salaries, wages, and gratuities or any kind of compensation or emoluments due to me or which may be due to me from (insert name of company or employer here) under the law or under any existing agreement with respect thereto, as well as any and all claims of whatever kind and nature which I have or may have against (insert name of company or employer here), arising from my termination of my employment with (insert name of company or employer here).

          In consideration of said payment, I do hereby quitclaim, release, discharge and waive any and all actions of whatever nature, expected, real or apparent, which I may have against (insert name of company or employer here) by reason of or arising from my employment with the company.  I will institute no action, whether civil, criminal, labor or administrative against (insert name of company or employer here) Any and all actions which I may have commenced individually or jointly with others before any office, board, bureau, court, or tribunal against (insert name of company or employer here), are hereby deemed and considered voluntary withdrawn by me and I will no longer testify or continue to prosecute said action(s).

            I declare that I have read this document and have fully understood its contents.  I further declare that I voluntarily and willingly executed this Release, Waiver and Quitclaim with full knowledge of our rights under the law.

            IN WITNESS WHEREOF, we have hereunto set our hand at (enter place here), this (enter date here).

(name and signature of waivor)

Affidavit of Support

Here's an example of an Affidavit of Support that you can use when availing of maternity packages. This Affidavit is usually required by hospitals before they will approve the maternity packages available for mothers giving birth, depending on the latter's needs and capacity to pay.

AFFIDAVIT OF SUPPORT

                I, __________________________________(name), ____ years old, single/married and a resident of _______________________________________(address), after having been duly sworn to in accordance with law, hereby depose and say:

1.      That I am a member of Philippine Health Insurance Corporation with PHILHEALTH ID No. ___________________(write number if applicable);

2.    That I am the mother/father/sibling/partner of ____________________________(name of pregnant woman), who is currently ____years old. A copy of her Birth Certificate is hereto appended as Annex A and forms an integral part hereof;

3.       That ________________________(name of pregnant woman) is unmarried and unemployed and that  I am the one supporting her;

4.       That _________________________ is ________ months pregnant and is due to give birth on _______________ at _______(name of hospital);

5.       That _____________________ (name of pregnant woman) is one of the beneficiaries in my membership with Philippine Health Insurance Corporation;

6.       That I am executing this affidavit to attest to the veracity of the foregoing facts and for whatever purpose not contrary to law.

                IN WITNESS WHEREOF, I have hereunto set my hand this _____________ (date) at _______________________ (place).

                                                                                          ________________________

                                                                                                 Name of Affiant

                SUBSCRIBED AND SWORN TO before me this ___________________ (date), at ______________________ (place), affiant exhibiting his Philhealth ID No. _______________ as his competent evidence of identity.

                                                                                           Notary Public

Doc. No. ___;

Page No. ___;

Book No. ___;

Series of _____.

The Importance of Hiring a Lawyer

Some people draft memoranda and agreements without consulting a lawyer. Other sell or purchase real properties with just an oral promise or a a simple written note without the assistance of a notary public. In some cases, not hiring a lawyer is just alright but most of the time, these situations pose great risks between the parties.

Some people go to the lawyer at the last hour, when there is little to no hope of reconciliation. These people shun the services of lawyers for the fear that they will be paying large fees. However, going to court and ironing out defective agreements and broken relationships entail larger expenses.

It is important for parties to hire a lawyer to protect their rights and interests. To erase all doubts, each party may even hire his own lawyer who will be the one to deal with the other party's lawyer. If you have a lawyer, you will be informed of your rights and you will know the effects and consequences of the documents you sign, if any.

When you are in doubt, or if you have any legal questions, it is best to hire a lawyer.

Judicial Affidavit Sample

With all the buzz going around about Judicial Affidavits, lawyers and law office staff have been scrambling to find where they could get samples of the Judicial Affidavit.

Here's how I do it:

Judicial Affidavit Sample by swexie

The full version includes the Attestation Clause.

Want a free version? Click here and leave me a comment below with your email address.