When should I talk to an attorney?

You should talk to an attorney whenever you perceive yourself as having a legal problem or think you may have a legal problem. You should talk to an attorney sooner than later. Why? Because, like a medical condition, catching a treating a problem early can often prevent it from becoming worse. Similarly, if you take your car to the mechanic the day the check engine light goes on, you’re less likely to have a major breakdown and get stuck by the side of the road. There are an infinite example of this kind of issue. Examples include:

• A person is served with a summons and complaint from a collection agency. Caught early, a person might only pay a tiny fraction of the debt owed. Or, if they do not owe the debt, they may be able to defend against it and have the case dismissed or the debt cancelled. If a person ignores this problem, they can end up with a judgment against them that accrues interest at a very high rate—in Washington 12%—in Oregon 9%. With court costs and fees, a problem that was a $500 can easily become a $2,500 problem or more.

• A person finds out that their neighbor’s fence encroaches into their yard 10 feet. It may seem like a minor annoyance, but it can make title to the house unmarketable making the property impossible to sell. Or, if they act fast, they can get the neighbor’s fence moved to the property line. But if the statute of limitations on adverse possession runs before the person takes action, the property may belong to the neighbor forever.

• A person starting a mobile auto repair business realizes that they could have liability if someone is injured due to an error they make. Rather than seeing an attorney, they just start the business as a sole proprietor and they don’t get insurance. Then, they make an error that causes their customer’s car to crash. Now, they may have liability to the injured parties. Their assets are on the line and they may be forced into bankruptcy. If they had consulted with an attorney, they could have easily protected their personal assets from liability.

• A person starts a handyman business. They think that maybe they should see an attorney to discuss licensing, bonding and insurance, but they think it will be too expensive. And, they decide it is too complex and expensive to bother with because they’re just starting out. They do some electrical and plumbing repairs at a home belonging to the mother of an long-time friend. The house burns down because of an error they made. Now they’re facing significant liability and they may face criminal charges. Had they consulted an attorney, they would have known how important it was to be licensed and bonded and only to do work covered within the scope of the license. 

I could come up with many more examples of times when people should have talked to an attorney and didn’t because it could cost too much or they were intimidated by having to deal with a lawyer. Or for a million other reasons. 

The reality is that you should see an attorney when you think might you have a legal issue or problem. Sometimes it just helps to talk through things. We don’t put enough value on that. There is value to sleeping well at night. For example, the person who thinks that they have been wronged by their employer can be mad about it for years. Or they can take a little time and a few dollars, talk through their problem, and find out what their options are. Even if they don’t pursue anything, they’ll feel better having talked through it and evaluated the options. They can sleep better at night. They can make the decision to pursue it or let it go rather than having a nagging “what if” for years and years. Part of what can be great about talking to an attorney is finding out you don’t have a problem or deciding once and for all to let it go and not put further energy into stewing about it.

The bottom line is that talking to an attorney consultant like Shea can be beneficial whether or not you can fully address your issue in the course of a 50 minute consultation. You will get to determine whether you have a legal issue or not. You will know that you need additional legal work from a more traditional legal service provider—and receive referrals for potential providers—or you will have direction regarding how to help yourself through your legal issue. Likely you’ll almost certainly feel better and sleep better at night. That’s worth a lot.