LAW OFFICES OF KENNETH R. BROWN
  
		   ATTORNEY AND COUNSELOR AT LAW  
		      259 FOURTH AVENUE NORTH  
		   ST. PETERSBURG, FLORIDA  33701  
			  (813) 823-2003  
  
  
	WHEN TO CONSULT AN ATTORNEY AND HOW TO CHOOSE HIM/HER
  
  
	You may never become involved in an unpleasant lawsuit or
litigation, finding yourself confused by legal terminology or 
lost in a maze of court procedure, but you can never hope to 
escape many instances where you will be faced by matters of a 
legal nature.  The law is so interwoven into the fabric of 
society that it cannot help but enter into our lives to a real 
and vital extent.  Many people manage to go through life without 
ever consulting a lawyer; others beat a constant path to his 
door.  Like patients who refuse to seek aid from a doctor and 
blindly ignore their ailments, some people avoid a lawyer when 
only he can bring them relief.  Others insist on wasting his time
on any pretext.  
	Lawyers, like doctors, hold a very necessary place in our
society.  The question confronting most people is when should a 
lawyer be consulted, and when will the application of common 
sense, supported by a little knowledge, serve the desired 
purpose. 
	In the eyes of the law ignorance is not an excuse. 
Therefore, it behooves every one of us, for our own benefit and 
for our own protection, to have at least some familiarity with 
legal principles and procedures.  The old adage that a little 
knowledge being a dangerous thing may be true in regard to many 
matters, but here a little knowledge can be a most desirable and 
useful asset.  Consider for a moment a few of the occurances that
you, as the average citizen, may encounter at any time.  Suppose,
for instance, that you decide to take out a life insurance or 
health insurance policy.  How that policy can be interpreted, 
what constitutes fraud and misrepresentation in an application 
for insurance , and the scope of the agent's authority to bind
his company are but some of the things you should consider.  Or, 
let us say that you park your car in an accustomed parking lot; 
you come back for it three hours later to find that it has been 
stolen.  Can you hold the owner of the parking lot responsible
for the theft?  If you are involved in an accident and an 
adjuster contacts you to settle your claim, will you be 
compensated for the full value of all your damages?  
	These are but a few of the innumerable instances, chosen
at random, where a knowledge of your legal rights may be of great
value to you.  In making a will, in signing a contract, in 
forming a partnership, in buying stock in a corporation, in 
purchasing real estate - in a host of other activities in which 
you engage during the course of your life - an understanding of
your own legal rights and responsibilities, as well as those of
other people, will stand you in good stead.  
	If you find that you do need the services of a lawyer 
when some matter arises, here are some of the things it might be 
well for you to consider before calling upon one:  


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	 A wise plan is to consult a lawyer as soon as the legal 
matter in question comes up, not after the damage has been done. 
Many cases have been lost by the delay of clients in not 
contacting a lawyer early enough, and especially is this true in 
damage suits.  In other cases, a few dollars spent in obtaining 
sound legal advice may help to save you thousands of dollars 
later on or prevent costly and tedious litigation.  As a general 
rule, therefore, consult a lawyer whenever a legal paper is 
served on you (personally or through the mail); when you become 
involved in a personal injury or property damage claim; promptly 
upon an arrest in a criminal action; when you want to sue or are 
being sued; when you contemplate going into business, or are 
buying or selling real estate; and, finally, in the writing of 
contracts, deeds, wills, or other legal papers.  If ever this is 
a question as to your rights or responsibilities, you should 
consult with a lawyer.  
  
		       CHOOSING AN ATTORNEY  
  
  
	There is no hard and fast rule for choosing a lawyer.  As
safe a guide as any, perhaps, is the recommendation of friends 
who have had dealings with him, for a lawyer who satisfies a 
client over a period of time will generally prove satisfactory to
others as well. 
	In selecting someone to represent you, bear in mind the 
following characteristics of a good lawyer:  
  
1.  HE IS HONEST.  He tells clients in unmistakable terms whether
or not they have a meritorious claim.  If he has any doubts or 
reservations about the outcome of the case, he does not hesitate 
to mention them.  He never guarantees results in any litigation, 
knowing that the trial of a lawsuit is by its very nature 
speculative.  Hence, a good lawyer shies away from guaranteeing 
an acquittal in a criminal case or favorable results in a divorce
suit.  At most, he offers a reasoned opinion of what he believes 
to be his client's chances of winning or losing a case. 
  
2.  HE IS THOROUGH.  He prepares his legal documents and cases 
with care and deliberation, so that no hitch is likely to develop
that might have been foreseen.  
  
3.  HE IS ALERT AND RESOURCEFUL.  He can shrewdly appraise the 
strength and weakness of his opponent's case as well as his own. 
He looks for and finds anything that will help his side and 
damage his opponent's.  
  
4.  HE IS A GOOD TALKER.  He speaks convincingly and what he has 
to say makes sense.  His arguments before a judge or jury are 
clear and persuasive.  
 
5.  HE IS TENACIOUS.  He does not give up easily and usually sees
a legal matter through to its successful conclusion.  
  
6.  HE KEEPS HIS CLIENTS INFORMED.  He returns telephone calls as
soon as possible.  He sends copies of documents received and 
regularly reports the progress of a client's case.  
  
7.  HE IS KNOWLEDGABLE.  He has special training or experience in
the area of law that he is consulted upon.  In addition, he has a
broad knowledge of life in general and his knowledge shows in his
speech and actions.  

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		  THE ATTORNEY-CLIENT RELATIONSHIP  
  
	The relationship between an attorney and his client is a 
highly confidential one.  Just as no priest would betray the 
confession of a penitent, or a physician disclose a patient's 
intimate affairs, so no lawyer reveals information entrusted by a
client.  Indeed, the law throws a protective cloak around the 
attorney and client, the lawyer being forbidden to disclose 
papers, letters and information given to him. 
	When you consult an attorney, therefore, be sure to tell
him the truth, the whole truth, and nothing but the truth.  It is
only when an attorney is in full possession of all the facts that
he can act intelligently on the matter at hand.  Many clients 
withhold facts in the mistaken belief that the less a lawyer 
knows about the situation the better.  Given all the facts, an 
attorney is able to determine which facts are relevant and which
are not, which are useful and which are harmful to his client's 
interests.  No layman can possibly do this.  Presented with 
damaging information, a shrewd lawyer can prepare his defenses 
accordingly, in order not to be caught unawares by the 
opposition.  The successful outcome of your case may depend on 
this!  
  
			    FEES  
  
	A lawyer's advice and time are his stock in trade. Don't 
expect to receive free legal assistance unless, perhaps, you are 
a client of long standing.  No one expects a doctor to provide 
free medical care or an architect to draw a set of plans without 
sending a bill.  Yet many people expect lawyers to give advice 
without being charged for it.  Good manners would suggest that 
after taking up an attorney's time, the client should at least 
make an offer of payment.  If the lawyer, for one reason or 
another, is generous enough to refuse, that is another matter.  
	There is no set fee structure.  The amount a lawyer 
charges for his services is a matter between the lawyer, the 
client and ethical code considerations.  The principal concern is
reasonableness. Several elements help to determine what is 
reasonable:  the nature and the extent of the services; the 
difficulties of the case; the novelty and doubtfulness of the
question involved;  the opposition encountered; the amount of 
time devoted to the matter; the amount involved; the importance 
and magnitude of the case; the responsibility assumed by the 
lawyer; the results attained by the lawyer's efforts and the 
benefits and advantages they bring to the client; and the 
lawyer's experience, skill and standing in the profession.  
	Negligence cases are usually handles on a contingent
basis.  So also are suits contesting a will and suits to collect 
money owed.  This means that the lawyer's fee depends upon 
whether or not he wins his case.  If he wins, he gets a share of 
whatever is recovered.  If he loses, there is usually no charge,
so that in cases handled on such a basis the client has 
everything to gain and little to lose.  Costs in such a case are 
always the responsibility of the client, and in some instances 
there may be attorney's fees for the other party the client may 
have to pay.  The rights of clients in regard to contingency 
cases are spelled out in the "Statement of Client's Rights" that 
must accompany all contingent fee contracts in this state.  In 
addition, there are limits as to the percentage an attorney may
charge. 

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	Most lawyers require a retainer in handling cases other 
than damage suits, and even in these the practice is not uncommon
to ask for a "cost deposit".  A retainer is a portion of the 
total fee paid by the client to the lawyer upon his acceptance of
a case.  It binds the attorney to act for and on behalf of his 
client and by the same token prevents him from accepting any 
business antagonistic to his client's interests.  Moreover, a 
retainer assures the lawyer of at least part payment for the 
services he is about to render and, in the case of a cost 
deposit, allows the lawyer to proceed to file a lawsuit.  
	A prospective client is urged to speak frankly with his
lawyer about fees.  It is easiest to discuss fees at the first 
meeting with an attorney to avoid misunderstandings and to 
ascertain what the fee is likely to be.  
 
	Law is a vast and complex subject.  Not only are there 
laws for each state, but there is a body of federal legislation 
which is equally large and formidable.  And to make matters even 
more bewildering, there are the reported decisions, embodying the
common law, running into thousands of volumes.  All this tends to
create confusion and uncertainty. The courts are sufficient proof
of that.  A case may be won before a lower court and yet 
overturned on appeal because of a difference of opinion as to 
what the law is.































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