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I've Been Charged. What Can I Do To Help Myself?
by: Tushar K. Pain
Why me? How could I let this happen? If I could only go back and undo what I did. It is only natural to engage in this thought process when you've been charged with a criminal offence. Such sentiments may be echoing repeatedly in your mind. You may even feel that you cannot stop them. However, you must in order to help yourself.

Begin by recognizing that this thought process creates feelings of helplessness and is disempowering. If you are reading this, then you are likely seeking to understand your predicament and trying to gain some measure of control over the situation. This is a major step in the right direction.

Gaining control over your emotions and thought process is essential. It is the first step in the journey ahead. Doing this will allow you to think clearly and make effective decisions. Whatever has happened to bring you to this point has already transpired. There is no benefit to re-living it and judging yourself. Accept that it has happened. You now face a challenge that you must confront.

Take a piece of paper and write "To my lawyer" at the top of the page. This will preserve the privileged nature of the document. Write down in as much detail as possible (do not worry about including irrelevant facts) everything that happened during the incident that lead to the charge. If you feel there is relevant background information then include it. Also, make notes of any questions and concerns that come to mind. This exercise serves several purposes. It preserves your memory of the events that you may be required to testify to many months down the road. It gives your lawyer a complete and accurate understanding of the situation. It helps you clarify and articulate your thoughts.

The next task is to find the right lawyer. This may seem to be a formidable task. After all, what do you know about the law? Knowledge of the law is not something you need to find the right lawyer. You are able to determine whether you like someone. You are able to judge whether you like the person's approach. You are able to assess a person's communication skills. You are able to appreciate how much time that person has or has not spent with you. Use these factors to guide you. You have a lifetime of experience dealing with people. Rely on it. Trust your instincts. Trust yourself.

Keep the channels of communication open. A lack of communication between a lawyer and client often leads to misunderstandings and a breakdown in the relationship. It is the lawyer's responsibility to keep the client well-informed and updated on a regular basis. But you can and should pick up the phone anytime you have a question, a concern, an idea, or just want to know if there's been a development in your case. A good lawyer encourages this type of contact and will make himself available to his clients. Make sure your lawyer subscribes to this philosophy and take advantage of it. The more communication you have, the better informed you and your lawyer will be. As a result, your lawyer will be able to provide more meaningful advice and you, in turn, will provide better instructions to your lawyer. In the end, you will be more satisfied with the level of service you receive from your lawyer.

Be proactive in the development of your case. Be prepared to be involved in the building of your defence. As brilliant as your lawyer may be, he does not have a first-hand knowledge of the facts. You do. You were there. The facts are everything. A good lawyer recognizes this and will set out to master the facts. To do this, he must involve you in the process. Review the evidence with your lawyer. Comment on what you agree with, what you disagree with, what you think might be missing. Share your ideas. You may come up with something your lawyer hasn't thought of.

Finally, maintain a positive attitude. Negative feelings will creep up from time to time. This is natural and to be expected. However, do not let them interfere with your focus. Simply acknowledge them then put them aside. A positive attitude will allow you to effectively process information and advice from your lawyer; to give proper instructions to your lawyer; to convey your concerns; and to generally be useful in your defence.

Keep in mind, as bad as it seems now, you will get through this.

Copyright 2002, Tushar K. Pain


About the author:
Tushar Pain is a Criminal Defence Lawyer practicing in the Greater Toronto Area, Ontario, Canada. He represents people charged with serious criminal offences including drunk driving, domestic assault, theft, fraud and sexual assault. To learn more visit Tushar's website at: http://www.TorontoCriminalDefence.comemail: tkpain@TorontoCriminalDefence.com or call 416-410-4838.


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 Personal Injury Lawyer - Do We Need Them?
 by: Mumtaz Shah

Following an accident you'll hear a person say that they don't need to see a personal injury lawyer, TOO expensive! In this article we will set out for you some reasons why NOT seeking, at minimum, a consultation with an accident lawyer could end up costing you a lot of money!

More often than not, regardless of whether you caused the accident or are its victim, if you do not seek a consultation with an accident lawyer as soon as possible after the accident you may well end up regretting your decision. The overriding reasons for saying this are two-fold:

• the insurance company you will be making your claim against are trying to minimise their losses; and

• you most probably don't know what you're entitled to.

As A Victim Of An Accident

Let's assume you are the victim of an unfortunate accident. Let's further assume that your insurance company has come through and has agreed to pay all your medical bills. Now, you may well be feeling that your insurance company are the good guys and you don't need a lawyer's advice. Wrong!

What's happened is nothing less than what the insurance company is obligated to do under the terms and conditions of your accident policy. Moreover, the insurance company is hoping to play on the fact that you feel somewhat indebted to their generosity.

Profitability

That way, they hope, you'll not bring about a bigger claim for what you are rightly entitled to. In the long run that means that they don't have quiet as big an insurance claim loss and they can still make a profit from your policy.

In short, they are protecting their financial wellbeing at the cost of your entitlement rights. But, unless you have spoken to a personal injury lawyer you'll not know this and you'll feel that everything is fine.

So, the next time you are in an car accident or accident, ask yourself this question: 'Is my insurance company interested in protecting me and my rights, or are they more concerned with paying a dividend to their shareholders?'

Non-Profitability

On the other hand, a professional compensation lawyer is normally an ethical impartial third party who knows what your rights are. Aside from possibly being paid a fee, not from or by you, he's also likely to have another job to help a victim better than its' insurance company, (and, keep in mind, if any court proceedings occur, these fees are reclaimed from the opponent side).

So, why shouldn't they tell you the truth about what accident compensation you are entitled to? What's more, even if he does have a financial interest in your case, surely the better compensated you are, the better compensated he is?

As such, if anything, he has even more interest in making sure that you know exactly what your rights are and of making sure that you claim for those rights according to what you are entitled to.

Looked at it like this, it not too difficult to see who the interested party is and who the independent party is. Now ask yourself: 'Do you want to take advice from someone who is interested in minimising your claim, or someone who is interested in maximising it?'

Cause Of An Accident

Now let's look at it from the point of view of, you being the person at fault in the accident. You may well feel that you have nothing to fear, as your insurance company will pay for the damage done. You may even find that initially your insurance company agrees with this. But why...?

Unless you see an accident lawyer as soon as possible after the accident you'll never know. Why? Are you 100% sure that it was your fault...?

Being Polite

The insurance company has to be polite, you're their customer! However, once the claim is over and you're thrilled with their service, you're definitely going to renew your policy. But the extra couple of hundred they ask for will justify the accident? 'Sir/ma'am, you had an accident and your premium has increased!'

Knowing exactly what your rights or obligations are after an accident can be extremely tricky. In most cases it will depend on what happened to cause the accident in the first place.

As such, seeking the advice of a compensation lawyer as soon as you can following an personal injury is the only independent way you can really determine and know exactly what you are entitled to or what you may be liable for arising from the accident.


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