Paralegal vs Attorney?
When a client asks, “Do I need a lawyer?” It is usually because they are considering representing themselves in a legal matter. In that situation the answer is almost always, yes, you need an attorney. Self-representation rarely works and can lead to damaging results. But if the question is based on budget it presents a true dilemma.
When a client asks for legal help that doesn’t require a lawyer there is an alternative thanks to the Oregon State Bar’s recognition of paralegals as a resource. The answer again lies in the question of budget. A paralegal can perform many tasks as well as a lawyer for far less cost. However, a paralegal cannot offer you legal advice and cannot represent you in court.
Knowing when to use a paralegal instead of a lawyer is relatively simple. If both can perform the task, choose the paralegal. If that finishes the job, you’re done. If it doesn’t, move forward with a lawyer. Even if you end up needing a lawyer in the end, you will still have saved money, which in the end may be used for unresolvable issues.
For example, say you want to file a divorce. First you need to file a Petition for Dissolution. The lawyer will charge substantially more for the preparation of the petition. Say you have reached an agreement with your spouse. The paralegal can probably draft the settlement. Your spouse contests the divorce. You’ll likely need a lawyer. But you will have saved money for conflict resolution that would have been spent on drafting and filing.
In the end the paralegal and the lawyer can work as a team continuing the process of dividing tasks during the litigation to allocate costs and resources effectively.
Thanks to the new Oregon rules the client can benefit by paying on a task oriented scale. I have been a domestic relations attorney for 30 years. I have implemented the new paralegal/lawyer rule and found it to be highly effective. I have also experienced much greater client satisfaction.
Divorce Q & A: Do I really need an attorney?
Q: If my partner and I agree to divorce, do I need to hire an attorney?
A: Short answer; if you disagree, maybe. If you agree, maybe not. If you have assets and/or children, your situation may be more complicated than you think. If you and your partner agree about the division of assets and parenting time, then you potentially don’t need an attorney to settle your divorce. If you don’t have marital assets or children, and you agree on the dissolution of marriage, it is possible that you do not need an attorney to handle your divorce, either. If you disagree about the division of your marital assets or parenting time, it might be time to hire an attorney. Perhaps you could negotiate disagreements during court-appointed mediation. This would help save you money. If you have questions, you are always welcome to call for a free consultation. If you need representation in court, it’s best to hire an attorney. If you simply need help filling out forms, you can always hire a paralegal for those services. Cascades Family Law provides both services for your convenience.
Top 5 Reasons You Need an Attorney for Your Divorce
Top 5 Reasons You Need an Attorney to Handle Your Divorce
Divorce is a difficult process for all parties involved, but especially if children are also involved. Things can get contentious, stressful, and overwhelming. The grieving process makes it difficult to handle legal matters in a non-emotional manner. Hiring the right attorney for you can make the process run a lot smoother. Here are the top five reasons you might want to consider hiring an attorney for your divorce.
1. Representation. If the other party hires an attorney, it’s a good idea for you to do the same. Your attorney represents you. Your attorney is your voice—an authoritative one—who knows his/her way around legal matters and in court.
2. Security. If you are entitled to spousal support or child support, an attorney can help you navigate the procedures in processing these claims.
3. Knowledge & Information. Avoid procedural mistakes by relying on your attorney to correctly prepare and file necessary documents for your claims and follow correct legal procedures.
4. Protect Your Assets. If you own property, businesses, or have large investments, it is important that you protect your assets during a divorce. An attorney can help you figure out how assets should be divided.
5. Help You Avoid Court. A benefit to having an attorney is that he/she can help negotiate settlement so that you can avoid high court costs. In fact, more than 90% of court cases are settled before going to court!
Ronald Johnson is currently accepting new clients across all of Central Oregon; Redmond, Bend, La Pine, Madras, and beyond. Call today for a free consultation – 541-639-1385