• General Questions

    When do I need a lawyer?

    Many people believe they need an attorney’s services only to solve a problem or to get out of a difficult situation. Often‚ the best time to see an attorney is not when you are in legal trouble but before that trouble occurs. Preventive law is one of the most valuable services that a lawyer can perform. By eliminating potential problems, preventive law can save you time‚ money‚ and needless worry.

    Can I handle my own legal problems?

    It is not illegal for you to represent yourself in court or to handle your own legal matters. There are also “kits” and “forms” which some people use for such matters as getting a divorce or making a will. Judges and court personnel are not allowed to give you any legal advice as your case proceeds. Attorneys are trained to provide professional legal assistance to you‚ to be aware of all court procedures‚ filing requirements‚ deadlines‚ and other details that a non-attorney easily could overlook.

    Can I change attorneys?

    You may discharge you attorney simply by informing him/her of your wishes. Giving notice is a matter of courtesy and may be necessary so that if a lawsuit has been filed‚ the attorney may ask for the court for permission to withdraw. Even if you discharge your attorney‚ you are still obligated to pay for any services which have been performed already on your behalf‚ and costs which have been incurred.

  • Law and The Courts

    What is the role of witness in court?

    A witness plays an important role in a court proceeding, providing valuable information about the matters under consideration. If you are subpoenaed as a witness in a trial‚ it is your duty to appear and testify. The lawyer who asks you to come to court can provide you with more specific information about your court appearance.

    What if I do not know a lawyer?

    Your right to legal counsel if you are arrested is a fundamental one in our country. You may retain a private attorney‚ or‚ if you cannot afford to do so‚ you should immediately contact the public defender’s office to represent you. Diacara will help you to know the lawyer that right for your cases.

    Do I have to submit to a search?

    A police officer‚ following a lawful arrest‚ has a right to search a person‚ including your automobile if you are arrested in it. You may not resist the search. However‚ you are not required to consent to any search‚ and if you do consent to the search‚ you may be waiving valuable constitutional rights.

  • Law and The Consumer

    What protection is there against a fraudulent seller in a credit card transaction?

    The Truth-in-Lending Act permits a credit card holder to avoid paying for fraudulent charges in certain situations. To obtain this protection‚ a cardholder must save the relevant billing statements and must notify the card issuer within 60 days after receiving the billing statement.

    Can I get out of a contract?

    In some cases‚ yes. Certain types of consumer sales contracts must have provisions allowing you to cancel within a specified period of time. If a contract is not legally executed‚ it may be possible to have it invalidated. Some circumstances that may lead to the cancellation of a contract include fraud‚ misrepresentation‚ or coercion.
    Simply changing your mind or deciding you cannot afford that for which you contracted however‚ is generally not a sufficient reason to release you from a contract. If you break a valid contract‚ the other party may be able to sue you and be awarded damages.

    What is a contract?

    A contract is a legally binding agreement in which property‚ goods or services are provided in exchange for something of value‚ such as money. Some common types of contracts into which an individual might enter include:

    • A purchase agreement for a home;
    • A sales contract or “installment purchase plan” for an automobile‚ appliance‚ or other major purchase‚ including catalogue purchases;
    • A lease;
    • Door-to-door sales agreements;
    • An authorization to perform home repairs or services;
    • A mortgage or personal loan;
    • An employment contract.

    Contracts are not always written agreements. A verbal agreement may be an enforceable contract. A simple promise, however, is not usually a contract. Many of our day-to-day transactions actually involve a contractual relationship. Certain contracts may be required to be in writing. For example, contracts for the sale of real estate are usually required to be in writing.
    Contracts are usually legally binding. Be sure you understand exactly to what you are agreeing. If you have questions, see your lawyer before you sign. If you agree to something which is not in your interest, an attorney may not be able to undo the damage.

  • Personal Injury

    How much is my case worth?

    Each person’s case is different. It requires the assistance of an experienced attorney to determine how much compensation you may be able to receive. When you work with our firm, we can quickly evaluate your situation and determine what damages you may be entitled to recover.

    How long will it take before I am able to receive compensation?

    For each case, the amount of time between the filing of the lawsuit and the completion of the case will vary. It is essential that an attorney represent you to ensure that the case is expedited and you can receive compensation in a timely manner.

    Do I really need an attorney?

    Yes! You should never take legal action without the assistance of an experienced professional. The statute of limitations and various laws regarding personal injury and liability can be difficult to understand. If you have been injured, work with Diacara right away!