ABA Free Legal Answers is grateful for the American Arbitration Association-International Centre for Dispute Resolution`s generous investment in the program since 2019. This partnership reinforces our shared mission to improve access to legal services and improve outcomes for individuals and families in need. I would recommend hiring a lawyer to help you with your bankruptcy. There are many good lawyers in North Carolina. However, to answer your questions, Vermont`s exceptions would apply under 11 USC 522. My research shows that Vermont allows non-residents to use their exceptions, but it does. Read More » 5) The lawyer – The answers you get to your legal questions and the outcome of your case also depend on the person you choose as your lawyer. Like judges, lawyers differ in their views and interpretations of the law. So it`s no surprise that some clients talk to more than one lawyer about their situation and get different answers. Some lawyers tell their clients what they want to hear to make them feel better. These lawyers necessarily try to be sneaky or dishonest; They do it out of compassion for the client. But ultimately, clients need to hear real, truthful answers from their lawyer and not just the things that give them a better idea of their case.
As a client, you need to know the positive and negative aspects of your case so that you can make the most informed decision on how to proceed, such as whether to settle your claim or take your case to court. I have been an attorney in Charleston, South Carolina, for 20 years, and have been asked THOUSANDS of legal questions. Family law, bodily harm, criminal defense, DUI, labor law, business law – you call it, and someone asked for it. Of course, there is also the most important question asked by a customer: „What are my chances of winning or losing?“ Because different facts can influence a response so much, it`s important for the customer to know that the answer can change. One of the reasons some lawyers are reluctant to give a clear answer is because they fear that the facts will change or that other facts will be revealed and that the answer will no longer be valid. By recognizing that the answer is highly dependent on other factors, a lawyer may be more willing to give a firm or direct answer to the known facts. All questions of fact can be proven or refuted by reference to a certain standard of proof. Depending on the nature of the case, the standard of proof may require that a fact be true as „more likely than not“ (there is little more evidence of the fact than against, as established by a preponderance of evidence) or beyond a reasonable doubt. When I was a law professor, I asked my students questions about various legal issues. Their answers (similar to the responses of young lawyers to their clients) were always the same – „The blah blah law says X, Y and Z“ or „in the case of this or that, the court said A, B and C“.
Technically, their answers may have been correct, but they missed the point. The best answer to any legal question depends on many things other than laws or jurisdiction. The answer to any legal question, and especially whether you win or lose, always depends on a combination of the following 5 things: the judge, the jury, the facts, the client and the lawyer. In law, a question of fact, also known as a question of fact, is a question to be answered by reference to facts and evidence and to conclusions arising from those facts. Such a question is different from a question of law which must be answered using relevant legal principles. The answer to a question of fact (a „statement of fact“) usually depends on certain circumstances or facts. [2] 3) Facts – To prove your case, you must establish the facts. Facts can be documents, witnesses, physical evidence and all sorts of things. Some of the facts are established by „direct evidence“ and others by „circumstantial evidence“. Let`s say you`re trying to prove to the jury in court that it rained outside. If you take the judges outside and in the rain, it`s „direct evidence“ that it`s raining.
Instead, if you pointed out to the jury that everyone who entered the courtroom was carrying an umbrella and dripping with water, that`s „circumstantial evidence“ that it`s raining. Unfortunately, many cases are based on circumstantial evidence that makes it harder to „connect the dots“ before a judge or jury. Moreover, if you prove your facts through the testimony of other witnesses, not everyone says the same thing, some do not have a good memory of the events and some will contradict the testimony of other witnesses. So when it comes to the important question of whether you win or lose, the answer depends on the facts of the case. Do you need help with a legal issue, but can`t afford to pay for a lawyer? We have your answer! ABA Free Legal Answers is a website where you can submit your questions on civil (non-criminal) legal issues and get answers from pro bono lawyers in your state. Legal questions are asked online – all you need is an internet connection. Volunteer lawyers are able to answer your questions outside of normal business hours – you don`t need to visit a clinic or legal advice centre. One way to answer your customer`s question is to provide the answer to a more specific or narrower question. If the question is broad or general, the answer can be very different depending on the additional facts that may arise. Lawyers should remind clients that certain questions are more likely to result in specific answers.
For example, imagine a question that seems simple, such as, „Is it legal to beat someone?“ It seems that the answer should be: „No“. But the answer to this question actually depends on the different circumstances. Are you a boxer? Are you defending yourself against a legitimate (and equal) threat? Are you reasonably able to escape the situation safely without hitting? So, if your customer isn`t excited about your hypothetical or vague answer to their question, remind them that there are some specific details that can help create a specific answer that is disappointed? Please don`t be; This is NOT a trick answer or a joke.
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