Hiring An Attorney

Hiring an attorney will be the most important choice you make when you need to protect your legal rights. There are people in Alaska who are representing themselves to be attorneys and practicing law without a license. Never hire someone who is not licensed to practice law. A non-attorney will not be around to help you when things go wrong and the Bar Association cannot help you if that person commits malpractice.

There are a number of ways to obtain the names of attorneys who practice in a particular area of law. Many attorneys maintain websites which will provide information regarding where they went to school, how long they have been practicing, what areas in which they practice and representative verdicts and settlements.

Besides asking your friends for referrals and searching the internet or the telephone book, you can call the Alaska Bar Association Lawyer Referral Service, 272-0352, to obtain the names of attorneys who practice in the area that is related to your question. If your case is a Workers Compensation case, you can call the Workers Compensation Division for a list of attorneys. The telephone numbers are: Anchorage 269-4890, Fairbanks 451-2889 and Juneau 465-2790.

After you have the names of attorneys who you are considering, you should do some research. First, find out if the attorney is an active member of the Alaska Bar Association. Go on-line to: http://www.alaskabar.org/index.jsp. There is a search engine at the website for the public to use to find out if the attorney is an active member.

On the same website, there is a list of attorneys who are in compliance with "MCLE/VCLE". That means that they have taken all of the continuing education which is required. The public can access that list. It is important that attorneys are current in developments of the law and take ethics courses.

When you call an attorney for an initial consultation, ask him or her on the telephone how much the consultation will be before you go in. Be prepared. Bring all of the documentation which you have regarding your case.

When you meet with attorney, ask if the attorney has malpractice insurance. Be weary of an attorney who does not carry malpractice insurance.

Good communication is critical to good representation. Select an attorney with whom you feel you can communicate comfortably.

Make sure that your fee agreement is in writing.

Keep copies of everything that the attorney sends to you.

You are entitled to be kept up to date regarding the status of your case. Sometimes attorneys get busy and don't have the opportunity to call all of their clients. You should feel comfortable in calling your attorney to request status updates.

Finally, if you do not feel comfortable with the progress of your case, first ask to meet with your attorney to have your questions answered. If you are still uncomfortable, get a second opinion. Meet with another attorney and review your case. The second opinion attorney is bound to attorney-client privilege and is not allowed to call your attorney unless you authorize it.

Domestic Violence

According to the National Coalition Against Domestic Violence, almost 75% of Alaskans have experienced or know someone who has experienced domestic violence or sexual assault. In 2003, Alaska was the highest state in homicides of women by a man.

The law provides for protection of victims of domestic violence. Over the years, the definition of domestic violence has expanded and the remedy available has expanded. In addition, a Domestic Violence Order cannot be denied because of the lapse of time between the violence and the filing of the petition. A violation of a Domestic Violence Order is a crime.

If you are a victim of domestic violence, STAR (Standing Together Against Rape) recommends that you make an Exit Plan: plan before you leave what you will take, where you will go and how you will get there and how to keep safe after you leave.

If you know someone is a victim of domestic violence, STAR recommends that you be supportive to your friend and remind him or her that help is available, the victim does not deserve to be abused, it is not the fault of the victim and the you are there for the victim.

In order to obtain a protective order, the forms can be obtained at the Boney Courthouse, 303 K St First Floor, or AWAIC. The hours for filing a petition for protective order at the Courthouse are Monday - Friday, 8 AM-9PM, Saturday, Sunday and holidays: 12 PM to 9 PM.

AWAIC's 24 hour hotline is: 272-0100. STAR's 24 hour hotline is: 276-7273.

Prescription Drug Overdose

In the past several months there have been two documented accidental deaths due to prescription drug overdose: Heath Ledger and Anna Nicole Smith. Now there are concerns that the same cause may have been responsible for the death of Michael Jackson.

The dangers of negligent prescription of drugs includes death, brain damage and addiction. The danger of death or brain damage can occur even if the drugs are taken in the appropriate doses if they are coupled with other drugs.

Doctors and pharmacys are responsible for the drugs that they prescribe to their patients. The authorities cleared Heath Ledger's doctors. In Anna Nicole Smith's case, the prosecutors have indicted two individuals. The federal authorities and California authorities are now investigating the circumstances that led to Michael Jackson's death.

It is important to read the warnings provided with the drugs that are prescribed to you. Don't expect the doctor or the pharmacist to know what the side effects are or to warn you what combination of drugs is unsafe.

Sexual Harassment at Work

Sexual harassment of employees is sex discrimination. It is against the law. Someone who has been sexually harassed can sue his or her employer to recover damages for lost wages, emotional distress, medical costs and punitive damages. There are two types of sexual harassment which occur in the workplace:

1. Harassment which "severe and pervasive" resulting in a hostile work environment.

2. The request for sexual favors in exchange for changes in employment which is called "quid pro quo". Examples of this is when a supervisor demands sex in exchange for a more favorable job assignment or as a condition of hire.

Employers can be held responsible for the sexual harassment of their employees by co-employees and by supervisors depending upon the circumstances.

If you or someone you knows has been subjected to sexual harrassment at work, you should call an attorney for a consultation as soon as possible. Valuable rights can be lost if a claim is not timely filed.

Free Legal Clinics

Alaska Legal Services offers free clinics in divorce, custody and landlord-tenant on a monthly basis. The schedule can be accessed at: http://www.alsc-law.org/clinics.html.

Workers Compensation

Workers Compensation benefits are due to an employee who has a "work-related" injury. These benefits can include temporary disability (permanent or partial), permanent total disability, permanent partial impairment rating, medical benefits, travel benefits (to attend medical appointments), reemployment benefits, and attorneys fees.

Workers Compensation is a very complicated area of law. There is a great deal of information on the Alaska Workers Compensation Board website, http://labor.state.ak.us/wc/.

You can get the names of attorneys who practice in the area of workers compensation by calling the Alaska Bar Association, Lawyer Referral Service, 272-7469 or Alaska Workers Compensation Board, 269-4980.

Identity Theft

Today's guest on my radio show is Tara Simms from BBB. Tara will be sharing information with us about how to protect ourselves from identity theft and other scams. To visit the BBB website, go to: http://www.bbb.org/ or call 562-0704.