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Frequently Asked
Legal Questions
Sooner or later, everyone needs a little legal advice. Here are
answers to several of the most common legal questions and
resources for finding answers to the rest of your questions.
I have been asked to sign a long contract that I don't understand.
What should I do?
If you're signing a waiver before you rent a jet ski, it's safe to say those 12 pages of legalese simply release the business
from any liability if anything goes wrong. Just sign the forms and be safe. However, for important contracts (lease agreements,
employment contracts, etc.), you want to make sure you know what you're signing. Legalzoom.com offers contract review
for a flat rate of $199. They will review your contract, explain each section, and even suggest areas where you may be able
to negotiate better terms.

I have been summoned for jury duty.

How do I get out of this?
If you are summoned for jury duty, you have a few ways to avoid selection. First, you can argue that you are unable to attend
for medical reasons, financial hardship, or some other mitigating circumstance. However, courts have a myriad of solutions
for disabled and disadvantaged jurors, so physical or financial hardship may not be enough to get you off the hook. If you
have some prior engagement that includes children or education (college midterms), you can usually ask for an extension.
This will typically result in your name being put back into the potential juror pool, and usually buys you another 12 months.
If you are unable to get out of jury duty with a written request, keep in mind that a summons is not a guarantee of selection.
In fact, most summoned jurors are dismissed within a few hours, fulfilling their jury duty. If you want to avoid selection,
don't play dumb. Instead, demonstrate your intelligence and expertise. You are much more likely to be dismissed because
you know too much about the case than not enough. For instance, doctors are rarely selected to serve on medical malpractice
cases. Finally, if you are selected, don't assume you'll hate jury duty. In a recent study, more than 90% of jurors said they en-
joyed their jury duty experience and would gladly serve again.

What am I agreeing to when I click the "accept terms" during software

installations, music downloads, etc.?
You might be amazed. Apple has a 48-page End User License Agreement that every user is required to accept before down-
loading an application, song, or movie. Adobe, Microsoft, and Google all have similarly verbose contracts. Generally, you
are agreeing that you don't actually own the thing you are downloading; you're merely renting it. As such, the original
provider has the right to take it back, change it, cancel it, or simply delete it from your computer. You are agreeing not to
resell, repackage, or redistribute any of the items you download, and you are allowing the companies to use any personal
data you provide in any way they see fit. Interestingly, there have been several cases in recent years where courts have found
some of these contracts to be nonbonding, precisely because they are so long and complicated.

I received a letter from an attorney threatening legal action, but I don't

think I did anything wrong. What should I do?
Basically, a letter threatening legal action is a shot across the bow. It's a legal way of getting someone's attention. It doesn't
necessarily mean you have done anything illegal (though it could), it simply means that someone is considering seeking
legal recourse if you don't cooperate. If you have received such a letter, try to understand the complaint and the reason behind
it. Then, see if you can find a reasonable compromise that doesn't include attorneys. For instance, let's say you pull photos
from Flickr to put on your website. Soon, one of the photographers sees his photos on your site and sends a letter threatening
legal action if you don't remove the photos. In this instance, you could reach out to the photographer and offer to pay a fee
to continue using his photos. Nine times out of 10, the photographer will be happy to negotiate for a fee instead of trying
their luck in court.

Hot Tip:
If you want to know the definition of any legal term, use this legal dictionary.
If I win a civil case, how do I get paid?
When you win a civil case, the court issues a judgment against the defendant for the amount of the damages. A judgment
makes it difficult for the business or individual to secure new credit lines and can hurt their credit rating substantially, so
most defendants try to pay down their judgments as quickly as possible. If the defendant/debtor is unwilling to pay down
their debt voluntarily, you can take action to place a lien against their property or garnish their wages. Payment laws vary
from state to state, and you will likely need to hire an attorney who has experience with collections to pursue a forced pay-
ment.

I received a letter saying I'm part of a class-action lawsuit.

How did this happen?
It's a pretty common occurrence. Maybe you buy a car from a company that was recently accused of not properly disclosing
one of the car's risks. Next, a couple customers get together and sue the car company. Soon, the prosecuting lawyer expands
the claim to include "every single person who purchased an affected vehicle," so now you are technically a plaintiff. There
is a good chance that your first indication any of this is taking place will come in the form of the aforementioned letter. In
any event, you will usually have a few options. You can do nothing and wait for the case to settle. When the case settles, you
will receive a portion of the settlement. This could come in the form of money, prepaid gift cards, repair vouchers, or a com-
bination of the three. If you accept the settlement, you must accept all the terms of the settlement, which usually means you
are unable to seek further damages. You also have the option to opt out of the settlement, which will allow you to sue the
company as an individual (or part of a different class-action suit).

Can I say "no" if a police officer asks to search my car or home?

Technically, if an officer is asking to search your property, you have the right to refuse, but don't expect the officer to tell
you that. Police officers are very clever at disguising this question to sound like you don't have an option, such as, "Could
you please step aside while I search your vehicle?" Furthermore, even if you do refuse, the officer can still search your prop-
erty once they determine a "probable cause." Probable cause is loosely defined, and officers can find probable cause in most
search situations. If an officer is unable to find probable cause, the officer can still file for a search warrant. In other words,
even if you refuse, the search can still be conducted. Finally, it's important to consider the psychological impact of refusing
a search. While refusing a search cannot be held against you legally, an officer will naturally assume you are hiding something,
and the investigation could intensify.

I have been arrested. What should I do?

If you have been arrested, it's important that you not discuss anything (or sign anything) with the arresting authorities until
your lawyer is present. However, don't confuse your right to silence with the officer's right to ask you questions. Just because
you refuse to answer doesn't mean they have to stop asking. Experienced interrogators can find all sorts of creative ways to
ask you for more information before providing you with an attorney. Stand your ground and continue to politely insist on an
attorney.

How can I tell if I have a good attorney?

On TV, the best attorneys dress in expensive suits, get emotional about every case, and never back down. In the real world,
the best attorneys return phone calls in a timely manner, submit clear and concise paperwork, and search for compromises.
If your attorney is difficult to get ahold of, misses deadlines, or breaks promises, look for someone better. Most importantly,
seek out attorneys that have experience with cases similar to your case.

Hot Tip:
Lawyers.com provides a searchable national database of
attorneys categorized by specialty, area, and client ratings.