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Beware of "FREE" legal help

  • Douglas M. Matton
  • Jul 5, 2016
  • 3 min read

Every day somebody tries to act as their own attorney and handle their own case. They step up in front of the judge with a puzzled look on their face and begin to try to explain their side of the case to the judge. They start by informing the judge that they went a free legal aid clinic, or they went to a free help desk at the courthouse, and the people there helped them to complete certain documents which they then filed with the court. However, what they do not understand is that listening to the free legal help desk most likely doomed their case. When they hear this, then the questions begin:

Q: The judge previously recommended that I go to the free help desk, how did this hurt me?

A: First, the judge is instructed to inform you that the free legal help desk is available for you just in case you want to go there and seek some advice. The judge most likely received that instruction from his boss, the chief judge in the building or in the county. So, that judge is merely doing what he was instructed to do. The judge probably also knows that the level of service you will be getting at a free legal help desk is inferior at best, and at worst it could be fatal to your case.

Q: How did the free help desk hurt me?

A: Simply put, the person you spoke to, if he is a lawyer, does not specialize in the area of law that you need. You need help from an attorney who is experienced in this area of the law. The person at the help desk just does not have the experience that you need, and consequently, any advice he gave you is inferior. For example, if the help desk advised you to file a document with the court where you admitted certain allegations against you, then that in and of itself could be inferior advice. It could also be lethal to your case.

Q: How could it be lethal to my case?

A: If the document you file with the court, admits something that you should not have admitted, then you will not be able to retract that admission. You will be bound by it for the duration of your case. For example, in a foreclosure case, if you file a document with the court where you admit that the bank does indeed have the ability to file that case against you, then you could be giving away a very good defense. However, why not make the bank prove that it is the correct bank instead of admitting that it is the correct bank? Or do you just want to admit everything the bank is alleging and make it easier for the bank to take your house and throw you out on the street?

Q: If I went to the help desk and did file some documents with their assistance, can any mistakes I made be corrected?

A: Maybe. It depends on how many mistakes you made, and how long ago you made them.

Q: Then what should I do now?

A: You must immediately consult with an attorney who is experienced in handling foreclosures or the area in which you need help. You cannot wait any longer. The longer you wait, the more difficult it is to correct any mistakes you made. You should look at it as if you have “legal cancer.” Most cancer is treatable, especially if you diagnose it right away, and immediately begin treatment for it. However, the longer you wait, the harder it is to treat that cancer.

Q: I am not making much money, so what if I cannot afford to pay for an attorney?

A: You do not know how much it will cost for an attorney until you get a consultation. Remember the phrase: you get what you pay for. If you choose to get free legal help, then do not expect it to actually help you. If you at least get a consultation from an experienced attorney, then you will have an idea as to what your options are, how long you have, and what it will cost. The sooner you get that consultation then the sooner you can determine what options are available to you, and can then make the decision regarding which option you want to choose.

 
 
 

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