Tag: Lawyer

How to Choose a Real Estate Lawyer

Written by kwmlaw on January 27, 2022. Posted in Kelly & West News.

Buying or selling your home? Whether you’re buying your first home or fifth home or selling a home, the process can have an emotional as well as a financial impact. Whether you are the buyer or the seller, the knowledge and experience of an experienced real estate lawyer can be extremely helpful when it comes time to close.

The decision to hire a real estate lawyer is particular to each individual situation. Just because you consult with a real estate attorney doesn’t mean you have to hire one but you should consider contacting an experienced attorney to make sure that you are protected. The attorney answer your questions and will know what questions to ask to make sure you avoid traps and pitfalls along the way so that the closing process proceeds as smoothly as possible and so there are as few delays as possible.

Benefits to Hiring an Attorney

Many real estate agents are happy to recommend a real estate attorney for you, but it’s often better to choose your own so that you can be confident in the advice of the attorney and in the assistance the attorney provides.

Your real estate lawyer will help you in several important ways, such as by:

Reviewing the closing documents prior to closing to help insure that they are fair to you;
Making sure that all parties have everything each needs prior to closing in order to close on the date chosen;
Answering the questions that will arise during the buying or selling process; and
Being there during all negotiations and guiding you toward the most practical decisions to protect you from any less than fair treatment by any other party.
If you are a buyer in N.C. you need to have a title search done even for a cash closing. The buyer must have an attorney if a loan is involved to certify a clean title to the lender and title insurance company.

The most important thing to remember before you begin your hunt for an experienced real estate attorney is this: your attorney is YOUR advocate and they will stand up for your rights and protect your assets.

If you have questions about the buying or selling process and would like to speak to an experienced and caring attorney, please contact us and let us protect you.

Look for These Five Traits When Choosing a Lawyer

Written by kwmlaw on May 27, 2021. Posted in Kelly & West News.

Whether it’s a minor traffic violation, real estate transaction, a will, or something more serious, there will likely be a time in your life when you will need to hire a lawyer. Having a great lawyer on your side is crucial to your case because they will be the ones primarily talking to the judge and persuading him or her to favor your side of the case as much as possible. Here are some qualities you should look for in a lawyer to best represent your case:

Strong Speaker

Your lawyer’s main objective is to communicate your case to the judge, jury, and your opposition clearly and favorably. To do this, he or she must communicate with you before the hearing to get the most relevant information about your case and the possible approaches to use, and how much will be required of you in the hearing. Lawyers must know how to articulate well and become comfortable talking in a hearing to prevent the court from believing there are any lapses or inconsistencies in your case.

Great Listener

A great speaker can only be so great if they don’t know how to listen well. Communication is “the imparting or interchange of thoughts, opinions or information.” To speak well, your lawyer must know exactly what to communicate. Good listening helps your lawyer understand your side of the case that he represents, answer any question the judge might have during a hearing, and possibly find faults in your opposition that could strengthen your case. When you’re interviewing lawyers for representation, there are a few indicators you can watch for: the attorney is responding and engaging with you during your conversation, they aren’t lost in their notes or distracted by their phone, and they are asking probing questions to get more information.

Relevant Experience

Because legal issues cover almost any subject where two or more parties exist, some lawyers might not be versed in your certain situation and may not be very helpful to you. Research to see if the lawyer you are considering has covered cases in the past that are similar to yours because their experience could greatly help you as they enter a familiar field with you and will relate to your case more. Like with any business, read reviews from past clients or rely on recommendations from people you trust when seeking a lawyer.

Good Judgement

It is very likely that your case will have something unexpected come up no matter how much you and your lawyer prepared. Court dates are moved, new evidence is found, and other instabilities happen all the time in the justice system. It is times like these that you should trust your lawyer to have good judgment on what to do when long-term preparation is no longer an option. Your lawyer might even change their approach entirely in a very short period of time and very little preparation when circumstances change.

Dedication

The legal process can take a considerable amount of time to run its course; you want a lawyer that will represent you to the best of their abilities every step of the way. Depending on the severity, you and your lawyer might have to create an elaborate case for your side. Such circumstances require both you and the lawyer to be extremely dedicated to building the best case you can. Your lawyer should work to get as much information as possible to form a strong case for his or her client: you.

In the market for a dedicated lawyer to assist in your case? Contact the Kelly & West team today.

Why Should You Work With a Personal Injury Lawyer?

Written by kwmlaw on July 15, 2020. Posted in Kelly & West News.

Did you know that 700,000 personal injury cases are filed per year? If you have been involved in an accident at the hands of another, you might be wondering what you should do — and whether you can or should get help from a Lillington lawyer.

The first step is to determine if the accident falls into the personal injury category. In most personal injury cases, a physical injury has occurred, but not all. You can still file a personal injury claim if you have suffered a non-physical loss.

Let’s go over some of the common incidents where you might need a personal injury lawyer.

How Can We Help?

Generally, we can assist with personal injury cases that include accidents involving alcohol, as well as bicycle, automobile, or truck accidents. We help people with dog bites, head injuries, hit and runs, medical malpractice, negligence, nursing home injuries, pedestrian accidents, slip, trip, and fall accidents, and under/uninsured motorist claims. You can read about the types of accidents we cover at Kelly & West here.

motorcycle — Photo by Kelly Lacy from Pexels

So, Why Should I Hire a Personal Injury Lawyer?

Many people feel weird about filing a lawsuit after an accident. But rest assured, 98% of cases settle out of court without a lawsuit having to be filed. Also, most accidents cost you money. Those costs might be medical bills, even if you have insurance. The accident might mean paying higher premiums or missing work hours, shorting your paycheck. If the accident is someone else’s fault, it makes sense that he or she or his or her insurance company should pay those costs, not you.

You might think you can work it out on your own. But your case might be more complicated than you think. A personal injury claim can be overwhelming, and we are here to break everything down and inform you about every step. We take pride in making sure you are kept informed and updating you on the status of your case.

Benefits of Hiring a Personal Injury Lawyer

Fair Compensation – The insurance company’s compensation might not be as fair as you think. A personal injury lawyer can break down the case and offer expertise. Your personal injury lawyer will know what your claim is worth and will be able to advocate for fair compensation in your case.
Time/Energy Saver – When you hire a personal injury lawyer, they are responsible for keeping up with all of the documents involved, including medical records and reports. Organization is of high importance at Kelly & West, and we will be sure to keep everything in order. We will also communicate with adjusters, so you don’t have to.
Representation in Court – If it’s necessary to file a lawsuit to resolve the case, a personal injury lawyer will represent you in court and take care of all legal proceedings.
They can communicate updates and explain what is taking place inside the courtroom. We work diligently to offer frequent updates and do anything we can to make this process easier.

Our attorneys at Kelly & West are motivated to help our clients. It is our priority to make this process as smooth as possible. If you have been involved in an accident at the fault of another, please contact us today for a free consultation.

Examples of When You Need A Good Real Estate Lawyer

Written by kwmlaw on February 27, 2020. Posted in Kelly & West News.

Buying real estate is often one of the biggest investments you will make, and usually a fun and exciting one. Obviously, you want the process to go smoothly.

You probably know that hiring a good real estate agent is important, but it’s easy to have your real estate agent recommend someone with whom they often work. While that might be OK, you might also consider searching out your own real estate lawyer, someone you trust, because it’s such a monumental purchase for you.

Some states even require a real estate lawyer during the closing on your purchase, but if they do not, you should consider hiring one. In North Carolina, your home purchase is required to be processed by a law firm.

What Does a Real Estate Lawyer Do?

A real estate lawyer is in charge of preparing all of the legal documents and ensuring that you have done your part as the buyer. They also work with zoning, estate planning, titles and more. If you are dealing with a foreclosure or other issue, a real estate lawyer needs to be involved with that.

You may think that when buying your house — if it has no title issues or other problems — a real estate lawyer isn’t as critical. But here are some specific examples of when they come in handy!

Closings

Anyone who has bought a house knows the amount of paperwork that comes with it! Most of this paperwork contains a lot of legal jargon. A real estate lawyer is there to help you through the legal terms and explain the contracts in plain language. You want to ensure that your real estate lawyer is knowledgeable in this area to confirm that you fully understand the documents you are signing.

Although going through contracts can seem tedious, you will be thankful that you went through them if a problem was to arise in the future.

Property Deeds

There are many different types of deeds, but essentially, all deeds transfer the ownership of a property from one owner to another. During this transfer, deeds need to be notarized and submitted to the county’s Register of Deeds office.

A good real estate lawyer helps you through this process, making sure that every step is completed. If any difficulties were to arise, the lawyer will step in and be able to handle the situation with your best interests in mind.

Title Searches

Title searches are very important when it comes to buying a new property. They are the process of sifting through records and determining who the owner is, as well as any possible claims against the property. Searches can even involve discovering the historical documents connected to a property. Having a good real estate lawyer to search for these records is important because as a potential purchaser, you should have all of the available information before you may make your final decision.

At Kelly & West, our real estate lawyers will make sure that your rights as a home buyer or home seller are protected while ensuring all necessary legal documents are in order.

We hope this gives you a better idea of when you need a good real estate lawyer, whether you are dealing with closings, property deeds or title searches. Remember, it is best to be informed before making an important decision such as purchasing a property.

Your Top Questions About Hiring a Lawyer

Written by kwmlaw on January 24, 2020. Posted in Kelly & West News.

Hiring a lawyer may feel intimidating. Whether you’ve been in an accident or need to create a Will, most people have to hire a lawyer at some point. As you look for one, you’ll have questions.

We have compiled a list of your top questions about hiring a lawyer to make it as smooth as possible.

What type of lawyer do I need?

Why you are hiring a lawyer determines what type of lawyer you will need for your case. While some lawyers specialize in a specific case type, others are more versatile and cover a range of cases.

Here is a list of some of the different types of lawyers:

Divorce Lawyers
Criminal Lawyers
Civil Rights Lawyers
DUI and DWI Attorneys
Estate Law Attorneys
Legal Malpractice Lawyers
Government Lawyers
Personal Injury Lawyers
Real Estate Lawyers

At Kelly & West, we help with many areas, including personal injury (if you’re in an accident or hurt on the job) and estate planning, as well as traffic, DWI, and more. Check out our list of services.

How much is a lawyer going to cost?

The cost to hire a lawyer varies by location, the service, and the law firm. Different lawyers use different billing structures; some may charge by the hour while others ask for a flat fee. Remember that cheaper is not always better when looking to hire a lawyer. For personal injury cases, many attorneys won’t charge anything unless you win. It’s best to research a few law firms and ask about pricing for the service you need.

What information do I need to provide a lawyer?

When dealing with any legal issue, the more information you can provide your attorney, the better. Your lawyer is on your side. Do not hesitate to ask questions. When you call to make a consultation appointment with a lawyer, the front desk staff should tell you what information you might need to provide during your meeting. But you can prepare by gathering any documentation you know will be relevant, such as an accident report, photos, or estate planning documents.

How often do I need to meet with my lawyer?

How often you meet depends. The first meeting will be longer due to the amount of information that needs to be collected, but future meetings will most likely be shorter. Sometimes, your situation might require only one meeting. However, if you would like to meet with your lawyer more often for peace of mind, that’s OK too!

How can I help the lawyer do their best work?

Lawyers want to do their best work for you. To do that, you need to give him or her as much information as possible. You can contribute to a lawyer doing their best work by letting them do their work and get everything done for you. Overall, being available to answer questions really helps your lawyer do his or her best for you.

We hope these questions and answers gave you a better idea of what you should be thinking about when hiring a lawyer. Remember, it is important to know as much information as you can upfront to determine the lawyer that will best suit your needs.

3 Reasons to Hire an Attorney if You Get a Speeding Ticket

Written by kwmlaw on October 6, 2018. Posted in Kelly & West News.

Rushing to work? Not paying attention to the speed limit? Late to pick up the kids from school? Whatever the reason may be, the consequence is a dreadful speeding ticket that is going to cost you a good deal of money, time, and hassle. Many people think that getting a ticket isn’t a big deal. You might think, “I’ll just pay for it and be on my way.” But there are consequences other than an extra bill to pay. Here are some reasons you should hire an attorney to help you deal with your speeding ticket!

Save money.
While paying the $200-$400 ticket may at first seem like the cheaper option, your insurance costs are likely to increase for at least three years, up to more than $1,000 per year. A Harnett County traffic ticket attorney can help you fight the ticket or negotiate a plea to a lesser charge AND keep your insurance premiums the same or at a minimum.
Experienced attorneys can save you time and give you peace of mind.
On most charges, an attorney can appear on your behalf by written waiver of appearance. The attorney knows the judges, the assistant district attorneys that handle your case, and the officers involved. This knowledge and the attorney’s understanding of the system gives you the peace of mind that your ticket will be disposed of in your best interests.
Get a better outcome.
There are many technicalities that require an experienced attorney’s knowledge. A skilled attorney knows what to do to get your charge dismissed or knows what to reduce your charge to so you get no insurance points. Also, the attorney knows, based on your driving record, the best plea to save your driver’s license points and to keep your license from being suspended.

Don’t go through the ticketing process alone. Contact us if you have questions about your recent speeding ticket.