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WHEN YOU NEED ASSISTANCE

Q. Does needing a lawyer's help always mean that I have a legal problem?
A. No. In fact, lawyers very often help clients in matters that have nothing to do with
disputes or legal cases. For example, with their lawyer's help, people are advised about the
legal aspects of starting a business or engaging in a partnership, assisted in buying or selling
a home, and counseled on tax matters or estate planning, to name just a few possibilities.
Often, clients receive a regular legal check-up that, like a medical check-up, is designed to
prevent problems or nip them in the bud.

Q. Do I need a lawyer every time I have a legal grievance?
A. Although the law enters into many aspects of daily living, you certainly do not need a
lawyer every time you become "involved" with the law. Some Americans have become too
inclined to hire lawyers and proceed to court to resolve problems. For example, sports fans
have sued to have a referee's controversial decision reversed, and a jilted suitor has tried to
recover the cost of an evening's entertainment. Of course, lawsuits like these are not
common (that is why they make news), but they illustrate that many problems are not really
the business of the law or our courts.

Q. What should I do if I have an argument with a neighbor over the boundary line
between our properties?
A. First attempt to talk to your neighbor. After all, you probably will have to go on living
next to each other. If that fails, you may wish to seek mediation or some other form of
informal dispute resolution to help the two of you resolve the problem. Perhaps you can get
some guidance from public records, already existing surveys, or title searches that have been
done. Maybe prior owners can cast light on the subject. If these options fail, the two of you
might want to jointly pay for a survey, or jointly ask a court to decide the matter (see
discussion of "quiet title" in the chapter on owning a home). As a last resort, you might want
to seek legal advice on other options you can pursue.

Q. If I buy a new stove and it stops working just as the warranty expires, should I
contact a lawyer?
A. No. First read the warranty and see what rights you may have, notify the merchant and see
if you can negotiate a satisfactory solution. If that does not work, contact the manufacturer.
Though the Better Business Bureau does not resolve disputes, perhaps a complaint to them
will stir the merchant or manufacturer to action. As a last resort, you can file suit in a small
claims court. (See the next section.) You can do all this without a lawyer.

Q. Should I always wait until a problem becomes serious before I contact a lawyer?
A. No. In certain matters, if you call a lawyer as a last resort, it may already be too late. For
example, it is difficult for a lawyer to protect you after you have signed away your rights or
if you have waited too long to assert your rights. And some legal matters are so important or
so complex that you will need a lawyer from the beginning. In such cases, having legal help
early will probably save expense--and anxiety.

Q. Why can't legal documents be in a language that I understand?
A. Lawyers and others trained in the law often use legal terms as shorthand to express
complicated ideas or principles. The words and phrases, many rooted in Latin, are often
jokingly referred to as a foreign language--"legalese." Although some legalese may be
necessary in order to communicate certain ideas precisely, a document that is understood by
very few of its readers is just plain poor communication.
Since 1978, federal regulations are required to be "written in plain English and
understandable to those who must comply" with them. Many states also have laws requiring
that insurance policies, leases, and consumer contracts be written in plain English. Of
particular importance here is the trend among law schools to discourage the use of legalese
while encouraging writing in plain, comprehensible English.

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