Tuesday, February 26, 2008

Need A Lemon Law Attorney? Know What to Ask To Avoid A Sour Experience

You recognize that you have purchased a lemon. Where do you go from here? Choosing a lemon law attorney should be easy and it often is but there are things that you should check and questions you need to ask.

Choosing a Lemon Law Attorney may look easy, but to be certain of the right choice, it takes more than clicking a link of advertisements and search engine results. Select the wrong law firm and it can spell disaster for your case and your wallet. But if you ask the right questions, accept nothing less than answers that can be backed up with fact, and promise yourself to make no decision until you are confident in doing so, the chances of having a sour experience with a Lemon Law attorney can be cut down dramatically.

When hiring a lemon law attorney, it is very important that you ask questions and not rely solely on self-promoting advertisements and websites. Here are some items you should always consider:

* Experience - How long has the company been in business? Don't go by the date on the website, check the records. A company who has only been around for a couple of years may not have the proven track record that you need. For me, the risks are too high to be leaving it to inexperience.

* Honors, Awards and Recognition - Check for references such as Super Lawyers and Rising Stars in attorney polls conducted by Law & Politics Magazine,and SJ Magazine.

* Locations - Beware of the fake office! Try calling the local phone number or stopping by sometime to make there is an office and real people.

Unfortunately, firms sometimes buy "addresses" to look more established and gain new business. We know of one firm that has no offices in many of the states they claim to practice in. If you see a little asterisk explaining that these are "of counsel" locations, it means they are not directly owned or operated by the law firm. Be as wary of the "of counsel" lawyer as you would be of the "of counsel" surgeon. Limited knowledge and lack of experience is often the hallmark of such arrangements and that could detrimentally affect your case.

* Credibility - In many states, lawyers are not permitted to use the terms "expert", "specialist", or "premier" in advertising because it gives the public an impression that cannot be verified by objective proof. Sadly, the rules are not always enforced and some firms use them anyway.

* Former Clients - From state senators, to judges, police, media personalities, professional athletes, doctors, religious leaders, fellow lawyers, musicians, union tradesmen, and most importantly, the average person and clients will come from all parts of society, from diverse economic groups and from all segments of society. Sometimes testimonials are available but often word of mouth is a great reference.

* Here are some questions you need to ask a lemon law firm:

- How long has the lawyer been practicing law?

- How long has the lawyer practiced Lemon Law?

- Does the lawyer have a license to practice in the client's state? (Very important)

- Has the lawyer received any recognition, honors or awards for work performed in the client's state?

- Has a successful verdict the lawyer tried ever been reported in a legal case reporter? If so, identify the case. (Read about us in our on-line newsroom).

- When was the last time the lawyer received a successful verdict in a Lemon Law case?

- Can the lawyer provide any references of other clients, attorneys, or judges in the client's state?

- If my case cannot be resolved right away, and a lawsuit is necessary, where would it be filed and why?

- How is the lawyer compensated?

- Is the client advised in writing at the start of the case what their rights and responsibilities are?

- Is a mechanical expert utilized by the law firm to help prove the case, and if so, is his/her involvement free to the client?

- What does the client need to do to assist the lawyer in a case?

- Does the lawyer have a physical office within the client's state?

- Is a lawyer and/or their staff available to speak with clients on a daily basis?

Even in law, there are questionable individuals and companies who are prepared to take your money and may misrepresent your case. Having a lemon vehicle is enough of a headache; the last thing you want is to go through more pain. Check credentials, ask questions, do a little research before connecting with a lemon law lawyer.

ABOUT THE AUTHOR
Paul Fleming represents the Lemon Law firm Kimmel & Silverman who have been providing cost-free, quality legal representation to distressed consumers of "lemon" cars since 1991. Contact them or visit their website at www.lemonlaw.com.

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Need A Lemon Law Attorney? Know What to Ask To Avoid A Sour Experience

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Lemon Law Firms Are Not All Created Equal

Not all Lemon Law firms are as reputable as they appear online. Some are merely websites. Others say they have practiced in a state where they have not. We offer further insight and a list of questions you need to ask before hiring a lemon law attorney.

Thanks to the world wide web, anyone can promote their services on-line through systems like google adwords. This enables law firms to target specific terms and pay to appear under these terms. There is no filter. There currently is no law against doing so. The disturbing fact is that folks can write anything in their ads that they want - there is no control or protocol. Law firms can tell prospective clients they have 20 years experience in a particular state like Pennsylvania where they have not. While we think this is poor form, we don't necessarily fault them, they're trying to make some money. It does mean however, that you may not be getting the service you expect so you need to know who you are hiring.

When hiring a lemon law attorney, it is very important that you ask questions and not rely solely on self-promoting advertisements and websites. Here are some items you should always consider:

Experience - How long has the company been around for?

Honors, Awards and Recognition - Has the company or lawyers received accolades for their service?

Locations - Beware of the fake office! Very few Lemon Law firms have physical offices in other states, but many of them say they do. Try calling the local phone number or stopping by sometime.

Unfortunately, firms sometimes buy "addresses" to look more established and gain new business. We know of one firm that has no offices in many of the states they claim to practice in. If you see a little asterisk explaining that these are "of counsel" locations, it means they are not directly owned or operated by the law firm. Be as wary of the "of counsel" lawyer as you would be of the "of counsel" surgeon. Limited knowledge and lack of experience is often the hallmark of such arrangements and that could detrimentally affect your case.

Credibility - In many states, lawyers are not permitted to use the terms "expert", "specialist", or "premier" in advertising because it gives the public an impression that cannot be verified by objective proof. Sadly, the rules are not always enforced and some firms use them anyway. Rather than accepting the self-promoting tag lines of a law firm, look around and see what community leaders, legislators and the media say.

Former Clients - see if there are testimonials or even blogs from previous clients.

Need more Information? Here are some questions you need to ask a lemon law firm:

- How long has the lawyer been practicing law?

- How long has the lawyer practiced Lemon Law?

- Does the lawyer have a license to practice in the client's state? (Very important)

- Has the lawyer received any recognition, honors or awards for work performed in the client's state?

- Has a successful verdict the lawyer tried ever been reported in a legal case reporter? If so, identify the case.

- When was the last time the lawyer received a successful verdict in a Lemon Law case?

- Can the lawyer provide any references of other clients, attorneys, or judges in the client's state? - If my case cannot be resolved right away, and a lawsuit is necessary, where would it be filed and why?

- How is the lawyer compensated?

- Is the client advised in writing at the start of the case what their rights and responsibilities are? - Is a mechanical expert utilized by the law firm to help prove the case, and if so, is his/her involvement free to the client? (We have four ASE-certified experts on staff)

- What does the client need to do to assist the lawyer in a case?

- Does the lawyer have a physical office within the client's state?

- Is a lawyer and/or their staff available to speak with clients on a daily basis?

ABOUT THE AUTHOR
Authors Michael Sacks and Paul Fleming represent Kimmel & Silverman who have been providing cost-free, quality legal representation to distressed consumers of "lemon" cars since 1991. Contact them at www.lemonlaw.com/mail.html or visit their website at www.lemonlaw.com.

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Lemon Law Firms Are Not All Created Equal

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Thursday, February 7, 2008

Great News for Garden State—Senate Looks to Expand NJ Lemon Law

by Paul Fleming

Jim Griffin from Politicer.com is reporting that the Senate Commerce Committee approved legislation that would better protect consumers under the New Jersey Lemon Law for new car purchases by expanding coverage from 18,000 miles to 24,000 miles. The Bill was sponsored by Senators Barbara Buono and Nicholas Scutari.
The Committee approved Bill S-454, which would amend the "Lemon Law," which protects purchasers of new automobiles and motorcycles. The Bill would expand the law from 18,000 miles to 24,000 miles or two years of ownership, whichever comes first. In addition, for those defects that are likely to cause death or serious bodily injury, the manufacturer would have just one chance to fix the defect before the car would have to be replaced. For non-lethal defects, dealers would be held to the current standard which allows three attempts to fix the defect before replacing the vehicle. This is similar in nature to the Maryland Lemon Law, with the exception that Maryland requires four attempts for non-lethal repairs.

"When safety is a concern, three repair attempts are two too many," explained Senator Scutari to Griffin. "There is a major difference between an inconvenient oversight like a malfunctioning radio and the possibility that your car won't stop when you hit the brakes. Our drivers shouldn't have to put themselves at risk two or three times before they get a car that provides the safe transportation we expect when buying a new car."

The Bill also requires that dealers make sure consumers receive the State's "Lemon Law" protection Owner's Warranty Rights Notification booklet. The bill passed the Committee by a vote of 5-0 and now awaits consideration by the full Senate. This is great news for New Jersey consumers, which already has one of the strongest lemon laws in the Nation, according to the Center for Auto Safety. The Center for Auto Safety ranked the NJ Lemon Law as the second most effective lemon law in the Country and in a letter to state legislators, CAS Executive Director Clarence Ditlow specifically said the state could strengthen their Lemon Law provision by requiring only one repair attempt if a defect threatens death or serious bodily injury, covering a vehicle that has many different problems at once, and penalizing auto manufacturers who willfully violate the Lemon Law.

The New Jersey Lemon Law also provides fee-shifting provisions which enable consumers to receive 100% cost-free legal representation. If the consumer prevails, the manufacturer must pay all attorneys fees and legal costs on top of what the consumer receives.

About the Author
For more information regarding the New Jersey Lemon Law, contact the Cherry Hill, NJ-based lemon law firm of Kimmel and Silverman at 1-800-LEMON-LAW (1-800-536-6652) or visit http://www.lemonlaw.com

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Great News for Garden State—Senate Looks to Expand NJ Lemon Law

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