Personally as well as for business dealings one needs a lawyer. And, a lawyer must always be selected with great care. And the first thing to do is agree on fees. There are no recommended fee schedules but if a survey is made in your local area you will realize that there is a flexible fee schedule in place. Fees vary depending on the practice and the intricacies of the case on hand. Law means long hours of research and study as well as a lot of time spent filing papers and appearing in court.
In general there are four ways in which lawyers compute fees:
?By the hour: in this arrangement a lawyer will bill by the hour for time spent on your case by himself, his assistance, as well as office staff. The computing will include: drafting of documents, faxes, phone calls, locating and briefing witnesses, time spent at court and meetings, research, leg work, filing fees, deposition costs, expert witness fees, travel expenses, sheriff's fees, bail bondsmen costs, transcript fees and so on.
?Contingent Fees: Normally applied in personal injury, social security, and collection cases. Not applicable in criminal or divorce cases. In this the lawyer will get between 25-40% of the recovered or settled amount. In this too the client is billed for ?out of pocket? expenses, which includes long-distance calls, filing fees, and depositions.
?Flat fees: In this a consolidated amount is decided on between the client and lawyer. The flat fee includes all costs and there are no out of pocket expenses.
?Percentage fee: This is applied in the management of estates and buying or selling of homes. The fee for completing all legal functions will be a percentage of the total value of the property or estate to be settled.
?Monthly retainer: This applies when a lawyer or his firm contract to carry out all legal work required by a corporation, business, or individual. When the expected billing is continuous and quite substantial such an arrangement is made. In this case, a whole bouquet of legal services are carried out for a fixed monthly payment.
It is important to discuss the cost of legal services in detail during the initial interview itself. Ask for an estimate and prepare a memo of understanding. Decide on:
?Retainer fees.
? Billing cycles and itemization of bill.
?Conditions under which the fees will be revised.
If all matters are clear then there should be no disputes at all over fees. Ask the lawyer to explain the different fee options in detail and recommend which one would be most suitable in your case. Make sure you understand what the cost of legal fees will entail. And agree on a suitable payment schedule preferably as and when a part of the work is completed.
How To Hire A Lawyer
There is a lot of ‘research’ work and copyright checks that you can carry out yourself (or pay someone to carry them out for you) without having to go through legal hassles.
In the end, you will only need a lawyer if you violate the copyright law. Even then, there are certain grey areas where the law is not so clear, and your own interpretation might be at odds with the court’s interpretation, thus putting you in hot water.
So take the situation case by case. If you are sued, you will definitely need a lawyer. Apart from that, the best bet is to stick to guaranteed public domain works. If you can verify with certainty that a work’s copyright has not been renewed (provided the work was published before 1964), then you can safely consider it public domain. Similarly, if something was published without a copyright notice before 1978, it is in the public domain as well.
The only glitch comes when you launch your own derivative work of another copyrighted work or a work whose status you cannot determine through research. There is also a problem if you work with unpublished works. In these situations, it is best to hold a counseling session with an intellectual property lawyer before taking any definitive business steps.
Many people get discouraged by high attorney costs. On the other hand, you have to eigh all your costs (research, copyright checks, attorney fees, production, marketing, etc) against your expected profits and then decide whether it is worth the investment or not. If you find a killer niche which can easily bring you a high monthly income, maybe spending a few hundred dollars to protect yourself from litigation isn’t that bad after all.
Copyright issues only arise for works that are unpublished and works published after 1922. I’d suggest that you start off with pre-1923 published works even if they bring in smaller profits (the idea is to build multiple income streams). Then, once you have a constant stream of income, you can make bigger investments and move into the unpublished and post 1922 works.
And of course, avoid copying trademarks for commercial purposes. Even if you significantly change it, chances are that you will be slapped with a lawsuit faster than you can say: “Do I need a lawyer?"
Both Arron Brooks & Li Ming Wong are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
Arron Brooks has sinced written about articles on various topics from Criminal Defense Law, Business Credit Cards and Cover Letter. Aaron Brooks is a freelance writer for http://www.1866attorney.com?>Find Attorney Online , the premier website to find Attorney Directory including topics on civi. Arron Brooks's top article generates over 450000 views. Bookmark Arron Brooks to your Favourites.
Li Ming Wong has sinced written about articles on various topics from Search Engine Marketing, Abdominal and Blogging. Li Ming Wong is an internet marketing entrepreneur. Visit Making Money Online Blog for tips and guides to starting your own online business.. Li Ming Wong's top article generates over 74000 views. Bookmark Li Ming Wong to your Favourites.
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