When should I look for a lawyer?

In looking to protect your rights, the timing of finding a lawyer is often crucial. The best rule of thumb is to seek legal counsel as soon as you even suspect that you might need advice or representation. For most types of legal actions, failing to act within a set period of time (often called a "statute of limitations") can mean that you are forever prevented from bringing an action; even if you have a valid claim.

For example, in most states, employment discrimination claims have a very short statute of limitations - often as little as six months to a year. If you fail to bring an action within that period of time, you might be prevented from ever bringing an action. Actions against cities, towns, and other government entities often have short notification periods, as do actions that you might want to bring against an insurance company.

The rationale behind statutes of limitations is that there should be some set period of time after which people need not fear being sued for actions they have or have not taken. Another rationale is that, after a certain period of time, peoples' memories fade, witnesses move or die, and important evidence may be destroyed or disappear.

The bottom line, however, is that the clock usually starts to tick when a reasonable person has enough information so that - with reasonable investigation - they could have known of a possible cause of action. This is a very complex legal issue, and there are many possible exceptions to the general rules. Every situation is different, so you should consult with a lawyer to determine if you are within the applicable limitations period.

Even if the statute of limitations is not an issue, early consultation with an attorney may help you avoid legal pitfalls or help you strengthen your case for potential future litigation. For example, some clients who are looking to buy a home do not look for a lawyer until after they have already made an offer to purchase real estate or even signed a purchase and sale agreement. But there are dangers in doing so. An offer that does not include a financing contingency could leave a purchaser in a position where they have to go through with a purchase (or lose their deposit) even if they are denied a loan from the bank. Another common situation today is where an employee is asked to sign a variety of documents when they accept a position with a new company. These might include non-competition agreements, stock option agreements, and the like. Understanding the meaning of these documents before there is a problem is crucial.

A good attorney can also help businesses avoid problems, by making sure that they comply with the maze of state and federal regulations and by providing ongoing advice to avoid problems, not simply reacting to them.

When is the right time to find a lawyer? If you're reading this page, the answer is probably now.