Know the basics to build a successful legal case

  • Published
  • By Eglin Law Center
EGLIN AIR FORCE BASE, Fla. --  Legal problems can range from routine wills to disputes with landlords, to the guy who backed into your car or the car dealer that sold a lemon at a "reasonable" 28-percent APR. 

Before seeing an attorney, take this advice: Collect as much evidence possible about the dispute. Take photos, get names and contact information of possible witnesses and save every document. Having all the evidence could be the difference between a good outcome and a bad outcome; and depending on the type of assistance needed, time may be of the essence.

The Eglin Legal Office can help. Bring all the evidence so an attorney can evaluate the merits of the case and tailor recommendations. 

"It can often be much easier to resolve your problem with calm, rational discussion with the other party after your legal consultation," said Capt. Kris Stevens. "Creative, non-litigious solutions can be very successful and certainly less costly."
 
Before coming in for a will, write out who is to receive what items when deceased. If children under 18 are involved , a guardian must be named. These are huge decisions that affect families. Also, consider medical powers of attorney, general powers of attorney, and living wills. Determine who will make medical decisions when you can't, take care of your things, and if necessary, whether you want to remain on life support, and if so, under what conditions. 

Also know that a divorce is not punitive in nature. That means that the law does not seek to smack one side or the other for their contributions to the failure of the marriage, said Captain Stevens. 

"While Air Force attorneys cannot represent servicemembers and other parties in court, but they can help with specific questions about uncontested divorces," she said.

Statistically, most divorces are uncontested, even when attorneys are hired. Often, the parties pay thousands of dollars to hammer out an agreement for dividing up marriage assets. In many cases, the parties can usually resolve the problem themselves. If possible, let the dust settle a bit and try to work out the problem without attorneys. If the soon-to-be ex-spouse hires an attorney "for you both to resolve the matter," please see another attorney, and don't forget to bring your paperwork. 

"Going alone when the other side has an attorney carries significant risk," Captain Stevens said.

Even though involvement by an attorney can quickly resolve some matters, filing a lawsuit is figuratively firing a "shot across the bow" and may cause the other party to entrench in his or her position. This makes things more time consuming and expensive to resolve. Litigation is a tool at your disposal, but think of it as the "nuclear option" that should be used only after exhausting other options to resolve the matter cordially.

Litigation is a stressful emotional experience, so please try to get legal advice as soon as possible. Often the triggering event to a legal issue is the client receiving a letter in the mail. The earlier the problem and act are identified, the more options are available. Many legal issues have defined time limits in which to act, so acting quickly can be the difference -- not only between winning and losing -- but between competing and forfeiting. 

It is important to understand that Air Force rules limit what Air Force legal assistance attorneys can do. For some issues, the attorney-client relationship is allowable, and for other issues it's not. Air Force attorneys cannot represent individuals in criminal issues or punitive issues involving leadership, as they cannot help sue the Air Force. Additionally, in most situations they cannot file paperwork or directly sue another person. However, they can open doors, steer individuals in the right direction, recommend whether a practitioner in a specialized field should be consulted and can guide you through your legal problems.

For a free consultation with a legal assistance attorney, visit the Eglin Legal Office during legal assistance walk-in hours, 1 p.m. to 3 p.m. Mondays and 9 to 11 a.m. Wednesdays.