When Do you Need an Attorney? When Should You sue? How do you find a good lawyer?
"SEE YOU IN COURT...!"

While social conflict is an ever-present human condition, and the rush to litigate seems to be an American trait, immediate resort to legal action should not be a Christian one: Christ commands His followers to love their enemies as well as their neighbors and to reconcile their relationships through confession, forgiveness, forbearance and voluntary agreement, mediation and out-of-court arbitration. Because not every disagreement calls for a lawyer, its important to know when hiring legal counsel is a necessity and when alternatives can help you and your family from losing time, money, and valuable relationships. Keep these guidelines in mind.

HAVE YOU EXHAUSTED YOUR SPIRITUAL REMEDIES?

Remember that Scripture commands Christians to avoid lawsuits with other Christians. The apostle Paul reminded Christians that it is better to suffer a slight than to hurt the church by taking another Christian to court (1 Corinthians 6:1-8). Jesus set out the procedural steps we are to follow in reconciling disputes between Christians (Matthew 18:15-20). If you have a civil conflict with a fellow Christian (such as a conflict over a contarct or finances, or family problems such a divorce, child custody or guardianship), pray about carrying out God's command to reconcile. Consult with a mature follower of Christ, like your pastor or someone who you trust who truly knows you and can speak to you honestly. Consult the Peacemaker Ministries web site (www.HisPeace.org) and read Ken Sande's helpful book The Peacemaker: A Biblical Guide to Resolving Personal Conflict, 2nd Ed. (Grand Rapids,MI: Baker Book House 1997). Mr. Sande is a CLS member and the President of Peacemaker Ministries. He well describes how you can analyze your conflict (and each side's contribution to it) and the steps that you can take to initiate reconciliation effectively speaking to those who have offended you or who you have offended.

HAVE YOU COUNTED THE COST

If your opponent is not a Christian (or is not even an individual person, but a company or organization), the Bible does not preclude legal action. However, Christian Legal Society suggests asking these critical questions before you decide to start any lawsuit:

  If I had six months to live, how much of my time would I spend on this litigation (Psalm 90:12)?

  Will the action I take compromise my witness before non-Christians (1 Corinthians 6:1-8) or be a stumbling block to fellow Christians (Romans 14:13; 1 Timothy 4:12)?

  Will my actions have potentially damaging consequences for innocent third parties (Matthew 18: 1-6; Mark 9:42; Luke 17:1-5)?

  What are my alternatives (Matthew 5:23-26; 6:8-15; 18:15-18)?

  Am I as eager to forgive an be reconciled as I am to assert my rights (Matthew 6:12-15)?

  In whom have I placed my real trust (Matthew 6:19-34)?

By honestly evaluating your situation and attitude, you may find that your civil disagreement can be settled outside a courtroom, either with help from a minister or elder, an attorney trained in Christian conciliation, or a trusted advisor. You may encounter circumstances, however, that cannot be settled through conciliation and require a lawyer's legal help.

WHEN DO YOU NEED A LAWYER?

As a rule of thumb, if your problem is criminal-related, very complicated, or if the potential consequences of the problem are serious, you will be wise to ask for legal advice. If any of the following events happen to you, you will need to hire a lawyer:

  You are charged with a crime

  You are served with a summons to appear in court or before an government agency

  You are about to sign papers or contracts concerning a new business, a new home, a will, or estate plan Your landlord or bank threatens you with eviction or foreclosure

  Your property is about to be repossessed

  Your wages are garnished

  You are adopting a child

  Your child is in legal trouble

  Someone has sued you

HOW DO YOU FIND AN ATTORNEY

First, think about these sources of information when seeking legal counsel:

  Ask a professional person you know and trust to recommend an attorney

  Contact your local, county or state bar association for an attorney referral

  Go to your library to find law directories, such as the Martindale-Hubble Law Directory

  Check the internet for helpful resources

  Refer to advertisements in newspapers or in the Yellow Pages, or contact the alumni offices of area law schools

  If you have no legal resources, contact the Legal Services Corporation service in your area for suggestions

  Ask your priest, minister, rabbi and imam if there is an attorney in the congregation you can contact. Regardless of any attorney's specialty, he or she will often be able to refer you to someone in your county who deals with your problem or concern

  Christian Legal Society offers an attorney referral service to the general public. CLS may be able to give one or more local Christian attorneys from among our more than 2800 attorney members when you e-mail us (legalref@clsnet.org) or call us (703-894-1077) during legal referral service hours. For fastest service, go to our CLS Legal Referral Request Form, fill it out and submit it to CLS via e-mail. CLS will respond via e-mail.

Second, after you have gathered a listing of attorneys, compare the services the attorneys provide. Call them to ask them about their hourly rates and whether they will charge you for an initial consultation. Also ask them whether they will be charging a contingency fee based upon the results of the litigation. In any event, ask that all fee arrangements be set forth in writing before matter the engagement begins, including a clause to resolve all disputes pursuant the Rules of the Institute for Christian Conciliation. Before engaging an attorney, you should ask what kind of experience they have handling matters similar to your case, and whether they have time to handle your case and will keep you fully informed of all developments as the representation continues. During your selection process, remember that it is vitally important that you select an attorney who takes the time to explain your case to you in terms you understand.

Third, remember that Psalm 37:28 tells us that "the Lord loves the just and will not forsake his faithful ones. They will be protected forever." God expects us to be faithful to Him, not to win every argument on our own strength. In any dispute, we can rely on him to help us - whether through Christian conciliation or through legal assistance, and sometimes using both means together.