By Fred Reilly, American Attorney and English Solicitor.

Judgment debtors often think they can avoid payment of a judgment entered by a out-of-country foreign court by escaping and relocating their assets to Florida. They can run, but fortunately they can’t hide – there’s an important statutory process that enables creditors to enforce money judgments rendered by a foreign court in Florida.

The purpose of this article is to address the most important questions about enforcing an out-of-country foreign money judgment in Florida.

1. Can an out-of-country judgment rendered against a company or individual be enforced in Florida?

Yes. For example, a foreign money judgment entered in the United Kingdom against a company or individual (the judgment debtor) can be filed in Florida using the Uniform Out-Of-Country Foreign Money Judgment Recognition Act (“the Act“). Once properly filed, the judgment can be enforced against the Florida assets of the judgment debtor.

2. What is an “out-of-country foreign judgment”?

It is any judgment of a foreign state (e.g., the United Kingdom, Ireland, the Netherlands, etc.) granting or denying recovery of a sum of money, other than a judgment for taxes, a fine, or other penalty.

3. When does the Act apply?

The Act applies to any out-of-country foreign judgment that is final and conclusive and enforceable where rendered, even though an appeal may be pending or may be filed.

4. What is the process for obtaining recognition of an out-of-country judgment?

Florida law states that an out-of-country judgment is conclusive between the parties to the extent that it grants or denies recovery of a sum of money.

Florida’s statutory procedure for obtaining recognition of an out-of-country judgment requires that the judgment and an affidavit be filed with the clerk of the court and recorded in the public records in the county or counties where enforcement is sought.
After recording the judgment and affidavit, the clerk of the court mails a notice to the judgment debtor.

The judgment debtor has thirty (30) days after service of the notice to file an objection with the clerk specifying the grounds for non-recognition or non-enforceability.

Upon entry of a court order recognizing the out-of-country judgment or upon recording of a clerk’s certificate that no objection has been filed, the judgment shall be enforced in the same manner as if it was the judgment of a Florida court and shall create a lien on real estate in the county where recorded.

5. What are the grounds for non-recognition of an out-of-country judgment?

An out-of-country judgment is not conclusive if the judgment was rendered by an impartial tribunal, the foreign court did not have personal jurisdiction over the defendant, or the foreign court did not have jurisdiction over the subject matter.

There are eight (8) specific instances when an out-of-country judgment may not be recognized by a Florida court. The three most likely instances are that the judgment was obtained by fraud, the cause of action on which the judgment was based is repugnant to the public policy of Florida, and the judgment conflicts with another final and conclusive order.

6. What are the costs of this process?

The costs include the fees for filing/recording the judgment with the clerk of the court and the certified mail expenses of sending the mandatory notification to the judgment debtor.

Since the total attorney fees will largely depend on whether the judgment debtor fights the recognition process, I would charge my client on an hourly basis (US$247 per hour) and require a minimum retainer of US$2,500.

ABOUT THE AUTHOR

Fred Reilly’s law practice includes advising clients on international business transactions, corporations, contractual issues, real estate transactions, civil litigation and administrative proceedings.

Fred has been an attorney for more than 20 years. He is licensed to practice law in California, District of Columbia, Florida and as an English Solicitor. He has been admitted to practice before the United States Supreme Court and the United States Court of International Trade. Fred graduated from the London School of Economics and Political Science (LL.M. in International Business Law), Cumberland School of Law at Samford University (J.D. and Associate Editor of The Cumberland Law Review) and Purdue University (B.S. in Management). Fred spends time each month in Los Angeles and Central Florida. He is a member of The Beverly Hills Bar Association.

DISCLAIMER: This article and its content are intended to provide general information on legal topics and shall not serve as a solicitation for services in any jurisdiction where prohibited by law. This article is not, nor is it intended to be used as a substitute for legal advice. You should consult an attorney for individual advice concerning your own situation. Sending an email to the owner of this website, and receiving any response thereto, does not, in and of itself, create an attorney-client relationship.

© Copyright 2009 by Fred Reilly. All rights reserved.

By Fred Reilly, American Attorney and English Solicitor

Hiring an attorney is a very important decision. You may have heard all the horror stories about hiring an attorney, but it doesn’t mean that you’re destined to become one. Before you retain legal counsel, consider the following points.

1. Objective Advice. Will the attorney provide sound, objective advice? In order to render valuable, results-oriented advice, an attorney must first listen to the client, understand their goals and craft strategies that will result in the client’s success. How can an attorney (or anyone for that matter) provide a viable solution to your problem unless they first understand it?
2. Experience. Does the attorney possess the necessary experience and judgment to be effective in addressing your legal problem? Or does the attorney lack the knowledge, skills and seasoning necessary to handle your legal problem in an effective manner? Experience is invaluable when negotiating the terms of complex transactions, drafting precise legal documents and fashioning strategies for resolving acrimonious disputes.
3. Credentials. What are the attorney’s credentials? Has the attorney been trained to address the legal issues, negotiation strategies and unexpected complications that will arise? For example, not all American attorneys possess the educational background or professional qualifications necessary to advise clients on international business transactions or disputes. I received my Masters degree in International Business Law from the London School of Economics and Political Science. To better serve my international clients, I became a member of The Law Society. As an English Solicitor, I am very familiar with the legal issues that arise in international business law transactions and disputes.
4. Independent Advice. One of the foundations of an attorney-client relationship is the ethical obligation to provide clients with independent advice. Is the attorney committed to providing you with independent advice? Are there any potential conflicts of interest that may complicate the attorney’s ability to advise you in an independent manner?
5. Integrity. Is the attorney committed to representing the client in an ethical manner? Will the attorney treat the client and others with dignity and respect?
6. Work. Who will actually do the work on your case? Does the attorney himself – or a qualified associate – perform the legal services? Or does a partner bring in the client, then delegate the actual work to a junior associate and bill you at the partner’s higher hourly fee?
7. Access. How available is the attorney when you need to contact him? Can the attorney be reached by telephone, fax and email? Since I work with international clients, I use the leading low-cost internet-based technology (www.skype.com) to communicate with clients instead of expensive conventional international telecommunications (which are typically billed to the client). In addition, I use an email-enabled Blackberry to maintain accessibility.
8. Enthusiasm. Is the attorney enthusiastic about providing legal services to solve your problem or does your case represent just another paycheck?
9. Attention. Is the attorney so busy working on a multitude of cases that he’s simply unable to provide individuals with the personal service and care they deserve? Or does the attorney limit his services to a few select clients who receive the best service that he can offer?
10. Technologically Savvy. Does the attorney have the technical capability to conduct business in the Internet Age?
11. Efficiency. One of the maxims of the law is “Justice delayed is justice denied.” Inefficiency inevitably results in increased legal fees and expenses. Is the attorney committed to handling the client’s legal problem or dispute in an efficient manner that is mindful of the client’s expenditures of time, effort and money?
12. Fees and Expenses. Will the attorney charge the client fees and expenses in a straight-forward, fair manner? We’ve all heard horror stories about runaway attorney fees. Suffice it to say that I do not believe in charging clients for every paper clip.
13. Results-oriented. I have been a practicing attorney for more than 20 years. I’ve always viewed my role as attorney in the same light – maximize the client’s opportunities while seeking to minimize the client’s risks. I do not believe in complicating a client’s legal problem or dispute in order to charge additional legal fees. When I accept a client’s case, my objective is to help the client solve their problem. Period.

ABOUT THE AUTHOR

Fred Reilly’s law practice includes advising clients on international business transactions, corporations, contractual issues, real estate transactions, civil litigation and administrative proceedings.

Fred has been an attorney for more than 20 years. He is licensed to practice law in California, District of Columbia, Florida and as an English Solicitor. He has been admitted to practice before the United States Supreme Court and the United States Court of International Trade. Fred graduated from the London School of Economics and Political Science (LL.M. in International Business Law), Cumberland School of Law at Samford University (J.D. and Associate Editor of The Cumberland Law Review) and Purdue University (B.S. in Management). Fred spends time each month in Los Angeles and Central Florida. He is a member of The Beverly Hills Bar Association.

DISCLAIMER: This article and its content are intended to provide general information on legal topics and shall not serve as a solicitation for services in any jurisdiction where prohibited by law. This article is not, nor is it intended to be used as a substitute for legal advice. You should consult an attorney for individual advice concerning your own situation. Sending an email to the owner of this website, and receiving any response thereto, does not, in and of itself, create an attorney-client relationship.

© Copyright 2007 by Fred Reilly. All rights reserved.

By Fred Reilly, American Attorney and English Solicitor

Let’s face facts. In America, legal services are expensive. According to a 2003 survey by the U. S. Census Bureau, the estimated revenue for taxable employer firms that provided legal services (except notaries) was $185.5 Billion. That’s a lot of billable hours…

Did you hear about the Connecticut attorney who billed a 94-hour day during which he claimed to have reviewed 113 files, received 91 phone calls and wrote 72 letters? Fortunately, he got caught. In 2005, the U.S. Department of Justice prosecuted him for false and fraudulent claims for attorney fees. According to the allegations in the civil complaint, the attorney, among other things, engaged in double and triple billing, submitted inflated bills, and billed for time spent by support staff as if it was his own.

According to an article appearing in The Connecticut Law Tribune, during a two calendar year period, the attorney allegedly charged for more than 24 hours of work in a single day 135 times and charged for between 13 and 24 hours of work in a single day approximately 226 times. Ultimately, the attorney paid $1.24 Million to settle the case.

But the story doesn’t end there. Amazingly, the attorney was not disbarred and still practices law to this day! Although this is obviously an extreme case, it highlights why the general public harbors severe reservations about attorneys and the fees they charge.

Hiring an attorney is a very important decision. Controlling the cost of legal services is equally important and should never be ignored. Unless you understand how your attorney will be compensated and take the steps necessary to control their compensation, your attorney fee can quickly spiral out of control. Excessive attorney fees are usually the result of either unscrupulous attorneys or miscommunication between an attorney and client. With the cost of legal services escalating, you cannot afford to venture into the marketplace without ample knowledge to protect yourself. There is simply too much at stake.

As an attorney who’s actively practiced law for the past twenty years, I’ve met with countless people who absolutely expect to receive a raw deal whenever they seek the services of an attorney. As much as I dislike the practice, I recognize that excessive attorney fees are a fact of life for clients who don’t know how to protect themselves. I also recognize that ethical attorneys can be quite expensive and many consumers would benefit from inside information about how to control the cost of legal services.

In The Godfather, the immortal Mario Puzo made an observation that resonates with anyone who has ever hired an unscrupulous attorney. He said: “A lawyer with his briefcase can steal more than a hundred men with guns.”

Not all attorneys are hardwired to gouge you. Once you get beyond the public’s perception and lawyer jokes, most fair-minded clients would readily admit that the majority of attorneys are hardworking, ethical professionals who treat their clients with respect and fairness. But like any other profession, there are unscrupulous individuals who will gladly rip you off without a moment’s hesitation.

So how do you combat the unscrupulous? Knowledge of their methods is a great place to start. This article highlights the eight most common methods used by unscrupulous attorneys to gouge clients. Although this is not an all-inclusive list, it is comprehensive and addresses the most common methods that unscrupulous attorneys use to separate clients from their money. Ignore these at your peril!

1. The first method is intimidation and it’s one of the most powerful tools of the unscrupulous attorney. Both the attorney and client realize that the attorney is far more knowledgeable about the law and how to solve legal problems than the client. Let’s face it, if you could solve the problem on your own, you probably wouldn’t need the attorney’s expertise or incur the cost of hiring one. In addition, both the attorney and client realize the existence of an inherent difference in bargaining power that could easily be exploited by the attorney. Although an attorney has an ethical obligation to put the client’s best interests ahead of his own, the unscrupulous attorney rarely allows such ethical considerations to deter his greedy conduct. In any given situation, an unscrupulous attorney could provide a very impressive sounding explanation for taking certain action along with the express or implied admonition that your failure to follow their advice could result in disaster. Since the client is seldom qualified to accurately assess the legal ramifications and wants to rely on the attorney’s advice, the client feels that she has little choice but to acquiesce. If the unscrupulous attorney didn’t have the client’s best interests in mind, the client gets gouged.
2. The unscrupulous attorney preys on the client’s desire for retribution or revenge. Rather than counseling the client to resolve a legal problem in the most efficient, cost-effective manner, the unscrupulous attorney preys on a client’s desire to “get a pound of flesh.” Thus, the motivation behind strategic decisions is shifted from “how to best solve the problem” to “how to inflict as much pain, anguish and expense on the other party as possible.” When an unscrupulous attorney convinces a client to adopt a strategy defined by retribution and revenge, the legal problem inevitably becomes more complex and far more difficult to resolve. In addition, judges do not look kindly upon litigants who “play games” and effectively abuse the legal system for the sole purpose of poking a stick in someone’s eye.
3. The unscrupulous attorney never fully explains the basis for their fees and how fees will be calculated. Although it can be uncomfortable for both the attorney and client to discuss fees, it pays to have a candid discussion of fees at the outset of the engagement. Let’s face it, no one likes surprises – especially unexpected, mammoth bills. Due to the nature of the attorney client relationship, it is imperative that both parties openly communicate and trust each other. As a fiduciary, an attorney has an ethical obligation to explain the basis for their fees.
4. The unscrupulous attorney charges for work that was simply not done or grossly exaggerates the amount of time required for a task. As an attorney, I can assure you that clients frequently do not understand the time, effort and discipline that must be expended to resolve a legal problem. A scrupulous attorney who understands the complexities of a certain situation and has previously dealt with similar problems should be able to explain the pitfalls, uncertainties and logjams that can occur. Thus, a scrupulous attorney should be able to provide you with a good faith estimate of the time, effort and money needed to address a particular legal problem. An unscrupulous attorney will gloss over such details and purposely mislead the client. At the end of the day, the client doesn’t know what action was taken and is floored when they receive a grossly overstated statement for attorney fees. Frequently, the statement doesn’t itemize the work the attorney performed, but rather provides a summary such as “For services rendered” along with a staggering figure.
5. The unscrupulous attorney preys on the client’s insecurities and leads the client to believe that he cannot make any decision without the attorney’s express consent and blessing. In this manner, the unscrupulous attorney completely disregards his role as a specialist advisor to the client and assumes the role of the ultimate decision maker. Attorneys have an ethical obligation to place the client’s interest above their own. The unscrupulous attorney intentionally skirts or completely disregards ethical obligations that get in the way of charging excessive fees.
6. The unscrupulous attorney convinces the client that it is absolutely crucial to contest every point. Although I have a high regard for a client who insists on taking specific action “for the “principle of the thing” I will immediately advise the client that principles can become very expensive. A contract negotiation is a good example. Prior to entering a negotiation, the attorney and client should fully discuss the appropriate strategies to reach the desired outcome. When formulating your strategy, it is inevitable that some issues are far more important than others. In essence, each issue represents a bargaining chip. You must be prepared to give up some minor or insignificant chips in exchange for gaining other more important chips. Don’t allow your attorney to argue every issue that ever arises – especially if they’re billing you by the hour!
7. By making a legal dispute as acrimonious as possible, the unscrupulous attorney ensures that he’ll be intimately involved in even the simplest issues. In this way, an attorney is always generating extra work by constantly throwing gasoline on the fire. An attorney who encourages his client to be as unreasonable as possible is doing his client a disservice. For example, if a divorce proceeding has become so toxic that the two parents can only communicate through their attorneys, “simple” arrangements for a weekend visitation could easily escalate and cost in excess of $500.00 in attorney fees. This method of inflating the attorney fee is particularly insidious when the parties are financially unable to afford these additional expenses.
8. The unscrupulous attorney abuses the legal system. In the medical world, unscrupulous doctors order unnecessary tests. An unscrupulous attorney has a wide selection of procedural moves he can make to bog a case down in the legal system with the sole aim of increasing attorney fees. Common examples are conducting overzealous discovery, filing frivolous motions and setting unnecessary hearings. Since the attorney is far more familiar with procedural issues, the client usually operates at a distinct disadvantage and is rarely in a position to question the necessity of a specific procedural move.

Now you have the crucial information that will help protect you from one of the most loathsome predators on the face of the earth – the unscrupulous attorney!

ABOUT THE AUTHOR

Fred Reilly’s law practice includes advising clients on international business transactions, corporations, contractual issues, real estate transactions, civil litigation and administrative proceedings.

Fred has been an attorney for more than 20 years. He is licensed to practice law in California, District of Columbia, Florida and as an English Solicitor. He has been admitted to practice before the United States Supreme Court and the United States Court of International Trade. Fred graduated from the London School of Economics and Political Science (LL.M. in International Business Law), Cumberland School of Law at Samford University (J.D. and Associate Editor of The Cumberland Law Review) and Purdue University (B.S. in Management). Fred spends time each month in Los Angeles and Central Florida. He is a member of The Beverly Hills Bar Association.

DISCLAIMER: This article and its content are intended to provide general information on legal topics and shall not serve as a solicitation for services in any jurisdiction where prohibited by law. This article is not, nor is it intended to be used as a substitute for legal advice. You should consult an attorney for individual advice concerning your own situation. Sending an email to the owner of this website, and receiving any response thereto, does not, in and of itself, create an attorney-client relationship.

© Copyright 2007 by Fred Reilly. All rights reserved.

13 COSTLY MISTAKES WHEN NEGOTIATING CONTRACTS

By Fred Reilly, American Attorney and English Solicitor

The goal of the contract negotiation process is to produce a written document that addresses the relevant issues, terms, rights and obligations between two or more parties to the contract. Unfortunately, many negotiators make costly mistakes that ultimately come back to haunt them when a disagreement arises over how the contract should be interpreted or performed. This article will highlight thirteen common mistakes that could cost you a bundle.

1. Failure to define your negotiation strategy in advance. How can you effectively negotiate when you haven’t yet defined the purpose of your negotiation? Prior to entering negotiations, establish your objectives, identify possible points of contention, consider the impact of any time constraints and determine potential deal breakers. It’s also highly advisable to review your knowledge of the other party, their negotiator (your adversary’s style, tendencies and hot buttons) and the context in which the negotiation will take place (i.e., market conditions that impact the deal).
2. Failure to narrow the issues. After you’ve defined your negotiation strategy, address the issues that are crucial to your deal. During the negotiation, focus on resolving the key issues to your advantage or in a manner that you can live with after the deal has been struck. Be wary whenever your adversary focuses on minor or irrelevant points to the exclusion of the material issues. If it’s difficult to ever get to the substantive points, you’re in for a lengthy negotiation with an unacceptable outcome.
3. Failure to walk away. Some negotiators are afraid to say “No.” One of the soundest negotiation strategies is to reach the conclusion that no deal is better than a bad deal. If your adversary realizes that you are willing to break off negotiations and walk away, he is far more likely to negotiate in good faith and work towards an acceptable deal.
4. Failure to get a written document. Under most business circumstances, an oral contract will be enforceable. A notable exception is an oral real estate contract that violates the Statute of Frauds (which requires that certain contracts must be written). Although an oral contract may be enforceable, there’s always the evidentiary problem of how to prove the terms of the contract at a later date. One of the goals of your negotiation should be to generate a comprehensive written document that accurately describes the terms, rights and obligations of the parties in a manner that provides clarity about how the agreement will be interpreted and performed.
5. Blind reliance on a “standard contract.” When it comes to legal contracts, do not place blind reliance on a “standard contract.” Although standard contracts can be very useful, they simply do not fit every situation. People frequently want to use a “standard contract” because they don’t want to pay an attorney to draft a contract. This often results in a “penny wise and pound-foolish” scenario. Many of the standard contracts that you can purchase at an office supply store for a nominal amount are simply so vague that little protection is afforded and clarity is non-existent. Depending on your specific situation and the issues at stake in your contract, hiring an attorney to draft the contract may be the most cost-effective choice possible. As an alternative strategy, consider modifying a standard contract with specific provisions that closely fit your situation.
6. Failure to Properly Define the Parties. This mistake may seem elementary, but negotiators consistently get this one wrong. It is crucial to properly define the parties to a contract to ensure who will be liable for performing the obligations of the contract and liable in the event the contract is breached. You also need to ensure that the individual executing the contract has the appropriate authority to do so. For example, the President of a corporation will typically have authority to bind the corporation. Don’t be so certain that another officer within the corporation has the same authority to bind the corporation.
7. Using Inconsistent Terms. Once you’ve defined the parties, refer to them in a consistent manner throughout the contract. Do not refer to a “Buyer” in one provision and later refer to a “Purchaser.” Although seldom fatal, this mistake creates confusion and undermines the credibility of the contract. In some cases, this mistake may negatively impact how the contract will be interpreted.
8. The contract is not integrated. Whenever you cut and paste provisions from several model documents, there’s a danger that the new document will not be integrated. For example, references to subsequent provisions may be incorrect or the referenced provision may not even be present in the new document. No one wants a written contract with gaping holes.
9. Failure to get clarity on key issues. Clarity is extremely important when negotiating and drafting contracts. For example, a contract that requires one party to make payments to another party should clearly set forth the conditions that must be met to trigger the payment obligation. If the triggers (conditions) in the written contract are drafted in an ambiguous or vague manner, the payor could assert that the payment obligation has not yet arisen. Thus, this situation could ultimately leave the payee with no choice but to initiate a lawsuit to enforce the terms of the contract.
10. Failure to define those events that constitute breach of the contract. Like the triggers (conditions) mentioned above, it is important to define the specific events that constitute breach. Both parties need to establish the bright line between acceptable performance and unacceptable performance.
11. Failure to include safety-valve provisions. Since the parties have recognized the possibility that a breach may occur, it is highly advisable to contemplate a contractual provision that provides for a “cooling off” period during which they can attempt to resolve the conflict. This type of provision tempers a hothead’s tendency to dig in their heels and immediately initiate legal proceedings.
12. Failure to include a dispute resolution procedure. For many business transactions, mediation and arbitration represent viable dispute resolution procedures and should be considered when drafting the contract. It is imperative to define the procedure to be followed and especially how the mediator(s)/arbitrator(s) will be selected.
13. Failure to designate the applicable law and choice of forum. This common mistake is often simply overlooked. The applicable law governing the contract should be clearly stated. The choice of forum provision establishes the location where disputes will be adjudicated. Obviously, hostile and inconvenient forums should be avoided.

Avoiding these common mistakes will not eliminate all potential problems associated with a contract, but will substantially diminish the likelihood of a later dispute over interpretation or performance.

DISCLAIMER: This article and its content are intended to provide general information on legal topics and shall not serve as a solicitation for services in any jurisdiction where prohibited by law. This article is not, nor is it intended to be used as a substitute for legal advice. You should consult an attorney for individual advice concerning your own situation. Sending an email to the owner of this website, and receiving any response thereto, does not, in and of itself, create an attorney-client relationship.

© Copyright 2007 by Fred Reilly. All rights reserved.

AMERICAN LEGAL PROBLEMS: 5 STEPS THAT COULD SAVE YOU A FORTUNE

By Fred Reilly, American Attorney and English Solicitor

To many Europeans, the United States represents the land of opportunity – a vibrant place to live, work and profit. Some call it “Paradise.” But when a legal problem strikes across the pond, Paradise becomes the land of many sleepless nights. Anger, confusion and panic are just a few of the emotions experienced by an expat who suddenly learns that they must contend with an American legal problem. After the initial shock wears off, an expat with a legal problem in a foreign land often concludes: “I  don’t even know where to begin!”

Just because you’ve heard the horror stories doesn’t mean that you’re destined to become one. Begin by taking control. This article highlights five specific steps that you can take to get a grip on your American legal problem. Following these steps will make it far easier to resolve the problem and could save you a fortune in legal fees and expenses.

A. Where Do You Stand? When a legal problem strikes, people are often caught flat-footed. It’s difficult to seek solutions when the problem is shrouded by uncertainties. The first step to resolving your legal problem is to eliminate as many uncertainties as possible. Once you determine where you stand, its far easier to choose the correct path for solving the problem. Start with the basics of any legal problem – who, what, where, when and how. It may seem obvious, but it is extremely difficult for anyone to begin a meaningful analysis of a legal problem unless these basic facts are readily available.

Real estate disputes (i.e., mortgage foreclosures, homeowners association violations, disputes with a property management company, etc.) are common and provide a good example of how to approach an American legal problem. Suppose that you’re back home in Europe and a neighbor in Florida calls to say that she’s heard a rumour that a foreclosure action has been filed against your Orlando vacation home. How can you compile the basic information related to your foreclosure case? Start with the Internet. Conduct an online search of civil court records to determine the status of the foreclosure case. For example, the Orange County Clerk of the Court maintains a site ( which allows visitors to search civil court records by name and case number. Unless you know the status of your case, it is extremely easy to miss crucial deadlines or make procedural mistakes which could completely compromise both your rights and ability to defend a lawsuit.

What if you were concerned that a lien or some other encumbrance had been filed against your property? Conduct a search of official records online at the same County Clerk of the Court web site.

Maybe you forgot to pay your property taxes last year. Conduct a search of the Property Appraiser’s online site for the county where your real estate is located. For example, the Orange County Property Appraiser’s site ( allows visitors to search by parcel identification number, owner’s name, address, property name, Plat Book and Page, subdivision name, condo/timeshare name and other criteria.

Bear in mind that online resources have limitations, namely the records are not always 110% accurate, must be updated constantly and are subject to errors or omissions. Despite these limitations, online resources can provide immediate and invaluable information, especially if you happen to be four thousand miles and five time zones away from the legal problem.

B. Get Qualified Assistance. When an American legal problem arises, immediately consider the benefits of obtaining competent, qualified assistance. Depending upon the specific facts and nature of your legal problem, it may be necessary to hire an attorney. Let’s face it, America has a reputation as a litigious society. But not all legal issues justify the expense of hiring an attorney. Some minor legal problems may be easily resolved without the assistance of an attorney. Other seemingly simple legal problems can spin out of control and intensify rapidly. Unfortunately for a layman, it’s often difficult to know the difference between the two.

A telephone consultation with an attorney possessing the background and qualifications necessary to discuss your problem and point you in the right direction could be the best, most cost-effective call you ever made. You immediately place yourself in the position to make an informed decision and dramatically increase the likelihood of obtaining a favorable resolution. Rather than making an open-ended commitment to pay the attorney’s hourly fee, you simply pay a flat fee for the consultation. Later if you determine that the problem cannot be resolved without the assistance of legal counsel, you’ll at least be in a position to call an attorney who is already familiar with your situation.

If the problem dictates that you retain an attorney, make certain that you find one who is professional, ethical and dedicated to resolving your problem in a cost-effective manner. At first glance, this may appear to be an inconsistent recommendation. Put aside the negative stereotype that every attorney’s sole interest is making money at their client’s expense. The vast majority of attorneys are ethical professionals who put their client’s best interests ahead of their own. During an initial consultation, ask probing questions that will reveal whether the attorney is truly interested in helping you solve your problem or is focused on prolonging the problem and making it worse to justify additional billable hours.

Find an attorney who makes it easy to communicate. An attorney who caters to foreign clients will already possess the technology to exchange documents as scanned, plain text or Microsoft Word files. The tech savvy attorney will also utilize emerging technology such as Skype ( to make and receive inexpensive international telephone calls via their computer.

In an ideal world, get legal assistance before you desperately need it. For example, if you will be traveling to America on an inspection flight to consider a vacation home, contact an attorney before you ever depart for the States. Let’s face it, you’ll likely be dealing with sophisticated, commission-oriented salespeople who are highly motivated to get your binding commitment. Doesn’t it make sense to get briefed on potential legal pitfalls before you’re forced into a high-pressure situation?

C. Prepare Your Case. Before you contact an attorney, organize all relevant documents and write a chronology of events. This simple step can result in substantial savings of time, effort and money. It may sound cliche, but the devil really is in the details. Many clients gloss over this important step because they desperately want to discuss their case with someone – the sooner the better. Although a seasoned attorney can make an initial evaluation of your case without reviewing documents or a chronology, it is far easier to make specific recommendations and provide concrete advice when documentation is readily available for evaluation.

The chronology doesn’t have to be extensive, but a concise explanation of the key events will prove very insightful to the attorney evaluating your case. Whenever possible, strive for clarity so important points do not get lost in translation. The speed and convenience of the Internet have made email the preferred method of international communication. Be sure to include your chronology in the body of an email rather than attached it to the email as a file (which may be difficult to open).

Once you’ve organized your documentation, be prepared to send the documents as a scanned attachment to an email or a fax. If voluminous documents will be involved, it may be preferable to send an express mail package.

Here’s an important issue that may save you from a very awkward situation. When the legal problem arises, make a list of the full names and addresses of all parties involved so the attorney can immediately conduct an internal conflict of interest search. An ethical attorney must ensure that no conflict exists prior to discussing your legal problem and strategies for resolving it.

D. Issues To Raise During Your Initial Consultation. The initial consultation with an attorney is crucial to resolving your legal problem. It is important that both the client and the attorney understand each other and build the foundation for a solid working relationship. Raising the following six issues will help get the relationship started on the right track.

1. What is your desired outcome? If you’ve provided the attorney with relevant documents and a chronology of events, you’ll be in a position to discuss this issue which is the crux of your case – how to resolve the problem. Be prepared to explain your rationale for seeking a specific resolution. This information will be crucial to your attorney who wants to both win the case and satisfy their client.
2. What will be the fees and expenses associated with the attorney’s efforts to obtain the desired outcome? Attorneys respect clients who addresses the issue of fees and expenses. But bear in mind, you wouldn’t dare walk into a doctor’s office, declare that you’re sick and ask how much it will cost to cure you. You can’t expect to tell an attorney that you’ve got a legal problem and then ask how much it will cost to resolve the problem.
3. What are your budget limitations? Granted, everyone wants to minimize their attorney fees and out-of-pocket expenses. Based on the scope of the legal problem and the desired outcome, discuss any relevant budget constraints. Addressing this issue will spare both the client and attorney from an unpleasant surprise in the future.
4. Which attorney at a law firm will actually be handling your case? If more than one attorney will be handling your case, be certain to discuss the chain of command, communication protocols and how decisions will be reached.
5. What can the client do to reduce the total attorney fee? There are certain tasks that the client can handle instead of burning the attorney’s time. For example, most attorneys would be eternally grateful if the client in a homeowners association dispute offered to obtain the relevant documentation such as the association’s Articles of Incorporation, Bylaws, covenants and deed restrictions.
6. Is the fee negotiable? Wow! What a novel concept. Attorneys are also business people. Under certain circumstances, they may be willing to negotiate a flat fee instead of an hourly fee or the amount of the retainer. You’ll never know unless you ask.

E. Control Costs. One of the biggest fears associated with legal problems is that legal fees and expenses will become excessive. No one wants to get gouged. Although attorneys have professional and ethical obligations to act in the best interests of their client, some unscrupulous attorneys disregard or play the angles when it comes to this obligation. There are a variety of ways that unscrupulous attorneys gouge clients. Ignore these at your peril. Some of the most common methods are:

1. Exploit the inherent difference in bargaining power when the client is from a foreign country, unfamiliar with the applicable laws and desperate to resolve the legal problem at any cost.
2. Exaggerate the time necessary to accomplish certain tasks and otherwise pads the bill.
3. Prey on the client’s insecurities and lack of knowledge about the legal system in the United States.
4. Convince the client that it is absolutely necessary to contest every point.
5. Make the legal problem as acrimonious as possible, thus ensuring that most basic issues are hotly contested.

What constitutes an appropriate or fair attorney fee is ultimately an individual decision. As the client, you have the ability to seek legal services from a variety of attorneys practicing in a particular marketplace. But bear in mind that an attorney is a businessperson and is generally not obligated to accept you or anyone else as a client unless they can earn a fair profit from the representation.

Some clients make the (incorrect or misguided) assumption that the attorney who charges a hefty fee must be worth it. Occasionally, they’re chagrined to learn that they paid through the nose for some incredibly average services. Most of the time, they’re oblivious to the reality that they got gouged. So how do you determine when you’re receiving value for your money?

1. Focus on effectiveness.
2. Consider the attorney’s reputation among clients and the legal community.
3. Shop around.

F. A Final Word. Most legal problems only get worse (and more costly to solve) due to inattention. Don’t be an ostrich and hide your head in the sand. Take action to resolve your legal problems in the most cost-effective and expeditious manner. The steps outlined above will give you a great start.

Some of the best advice ever dispensed is anticipate problems and be prepared to take preemptive action. If you do so on a consistent basis, many potential legal problems will never materialize “across the pond.”

DISCLAIMER: This article and its content are intended to provide general information on legal topics and shall not serve as a solicitation for services in any jurisdiction where prohibited by law. This article is not, nor is it intended to be used as a substitute for legal advice. You should consult an attorney for individual advice concerning your own situation. Sending an email to the owner of this website, and receiving any response thereto, does not, in and of itself, create an attorney-client relationship.

© Copyright 2007 by Fred Reilly. All rights reserved.