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The following articles are reprints of Mr. O'Steen's legal advice columns which appeared in The Arizona Republic and other newspapers across the State. We hope that they are helpful in answering some of your legal questions. If you require more specific or personalized assistance, we encourage you to consult with an attorney. |
| Justice Court Claims Are $10,000, Small Claims Division Goes to $2,500 | |
| Arizona's Justice of the Peace Courts and their Small Claims Divisions exist, in large part, to assist in the resolution of relatively modest legal disputes. These courts, with their informal procedures, are user-friendly. They resemble a kindler and gentler version of the popular television court programs. | |
| Arbitration, Mediation Provides Alternatives | |
| There are good reasons for avoiding courts. Courts are only one resource for resolving disputes. There are other mechanisms available that are less formal and often preferable. | |
| Dissatisfied Client Has Option of Firing Lawyer, Hiring Another | |
| Most Americans see lawyers as a necessary evil. This view is not without some justification. I prefer to think that the evil, if any, rests with the reason for the hiring, rather than the lawyer. Lawyers most often are employed under unpleasant circumstances. They enter an emotional atmosphere that can cloud the client's judgment. Credit problems, marital problems, criminal matters, and business and insurance disputes account for most lawyer activity. | |
| Legal Costs Need Re-Evaluating | |
| I agree with the proposition that our country is an overlitigated society. As a lawyer, I have seen the problem firsthand. Too many resources are wasted resolving legitimate disputes. Even a wealthy nation cannot afford the direct and indirect costs associated with unnecessarily lengthy and complex lawsuits. | |
| 'Mean' Lawyer Can Hurt Your Case More Than Help | |
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Some people are unreasonable, belligerent and unnecessarily aggressive. Some of these people are lawyers, although in my experience few lawyers are like this. Not many people in any occupational group routinely behave poorly. Those who do, however, may taint the entire profession in the eyes of some. Because of the nature of their work - dispute resolution in an adversarial setting - lawyers are especially vulnerable to unfair generalizations about their conduct. |
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| Keep it Simple: Through Necessity, Legal System Thrives on Complexity | |
| Arizona Revised Statutes consume more than six feet of shelf space. These books are the written laws passed by the Arizona Legislature. They also contain brief summaries of appeals court decisions interpreting some of the statutes. The Arizona statutes represent only a tiny fraction of the laws intended to govern human affairs. | |
| Don't Pass Judgment on Attorneys of Today Without All the Facts | |
| Let's establish a point of agreement. As a group, lawyers generally can be expected to serve their own interests. This does not distinguish lawyers from any other group. The same can be said for insurance companies, government agencies, labor unions, doctors, car dealers, professional athletes and nearly everyone else. | |
| Jury Has Power to Nullify Law | |
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At the end of most jury trials, the judge gives the jury instructions regarding the law applicable to the case. The jury is then excused to begin its deliberations and reach a verdict. Jury verdict research indicates that most juries give great weight to the judge's instructions about the law. They take seriously the charge to apply the facts presented during the trial to the law as described to them by the judge. |
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| Enforce Legal Rights Sparingly | |
| I have friends, Jack and Shirley, who are in the process of remodeling their kitchen. Construction has taken longer than projected, and my friends are eager to have the work completed. Life without a kitchen increases stress. | |
| Principal Overshadows Principle | |
| All lawyers know the expression "for every wrong, there is a remedy." From the first day of law school, students are taught that our legal system accommodates all those with a just claim. |