How to know when you need an attorney
The demands of society to protect personal and property rights of all persons have resulted in an increasingly complex system of laws. The legal profession grew, in fact, out of the need by the public to receive advice on their rights and obligations.
The lawyers in your community perform this valuable legal service.
In order to represent clients, one must have a license to practice law in Illinois. The preparation for such a license and legal practice requires a great deal of time, hard work and expense. The licensed lawyer must graduate from an accredited law school and thereafter must pass the Illinois bar examination, a rigid test of knowledge in all fields of law. Before being admitted to the bar, he or she must submit to an examination of personal character and fitness to practice law.
The person who is accused of a crime or is sued for damages in a civil suit usually becomes acutely aware of the need for professional legal help. But legal assistance is highly desirable and often indispensable in many other situations in life which may have nothing to do with crime or a court action.
Some of these situations are:
When Your Status Changes - Coming of age, marriage, the birth or adoption of children, and moving to a different state may result in new or different legal and personal responsibilities. These changes may also require changes in the way you conduct your business or financial affairs. Your lawyer can help you plan for and meet such obligations, including the preparation of various legal documents.
When You Make Or Revise A Will - The planning and drafting of your will is an important legal matter. In drafting your will, your lawyer can help plan your estate in a way that will be most beneficial to you and to those for whom you wish to provide. Your lawyer can also suggest proper methods whereby substantial savings in taxes and other estate costs may be realized.
When You Buy Or Sell Real Estate - Whenever you buy or sell real estate, you should have legal counsel. A real estate broker may be most helpful in putting the transaction together, but legally may not prepare certain legal documents necessary to the transaction. There are potential legal pitfalls in the buying or selling of any real estate which can be avoided only by one with knowledge of the laws relating to real estate, taxes, insurance, contracts and other related subjects. Your lawyer can protect you against such pitfalls.
When You Enter Into Any Contract - Any agreement, oral or written, which involves a consideration - that is, the exchange of something of value in return for some goods or service rendered - may be binding and enforceable. As a general rule, oral agreements should be avoided and written agreements should be either prepared by or examined by a lawyer on your behalf before being signed by you. You should consult with your lawyer regarding any agreement, particularly one representing a major financial obligation.
When You Are Involved In An Accident - If you are involved in an accident of any kind resulting in personal injury or property damage you should consult with your lawyer. He or she can help you protect your rights and should be contacted immediately so that action may be taken quickly.
Whenever Your Rights Are Threatened - The law exists to protect your rights, but often you must take specific action to make these laws work for you. Your lawyer is prepared to protect and enforce your rights under the law in all your personal or business affairs.
By law, your attorney must be completely loyal to you with no conflicts of loyalty. This means he or she must have no competing loyalties to other persons. Your lawyer should protect your rights and interests with all the knowledge, skill and resourcefulness at his or her command. To do this, he or she must know all the facts of the case - including those which may appear unfavorable to your cause - but your lawyer may not disclose those facts to anyone else without your consent, unless required to do so by law.
At the same time, your lawyer must be loyal to the administration of justice and must not resort to illegal or unethical tactics or untruths. A lawyer is at all times an officer of the Court as well as being your advocate.
Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.
© Illinois State Bar Association
If you have questions about the application of the law in a particular case, consult your lawyer. The law is constantly changing. Information on this site or any site to which we link does not constitute legal advice.