One of the most frequent questions asked about lawyers is, “can a lawyer represent you in another state?” The answer is not quite as cut and dried as a ‘yes’ or ‘no’ answer. The answer is that it all depends. Can a lawyer represent you in another state? It depends on the type of representation and if the lawyer is admitted to the BAR in that state. There are other factors as well that will affect the answer to ‘can a lawyer represent you in another state?’ Here are some other questions that fall in the same category.
Help With Auto Accidents
Before you read anything else, you must fully understand that it is vital to have an attorney on your side if you have been in an auto accident. Whether you have been charged with the accident or are a victim, you need representation to ensure you get the outcome you are hoping for. Don’t move forward without an attorney. Car accident attorneys protect your rights. Moving forward without one is risky business. You deserve protection and justice. An attorney will ensure you get both.
There are instances in which the answer to can a lawyer represent you in another state gets a nod, and a car accident coupled with a DUI is one of those instances. Let’s say you are driving through New Jersey, get into a fender bender, and are charged with a DUI. You can hire a DUI attorney in New Jersey to represent you in the matter if you live in Rhode Island.
As a matter of fact, it is highly recommended that you find a DUI attorney in the state where you got charged with DUI instead of using a local lawyer. Now, in certain cases, your local attorney can represent you in another state’s DUI case if he or she is licensed in that state to practice law. For example, it is common for attorneys to take the New York state BAR and the Florida BAR. If you received a DUI in Florida and your New York attorney can practice in Florida, then the answer is yes to ‘can a lawyer represent you in another state?’ Representation in other states can get complicated.
In short, it is always best to go with an attorney who has privileges in the state in which you received the criminal charge. Local personal injury lawyers can file claims in other states for their clients. However, it may be best to go local.
Local car accident lawyers have a network of other professionals that you can benefit from. For example, they likely have trusted car mechanics that they work with to get honest damage estimates.
Local attorneys for car accidents also likely will have other professionals like doctors and health care recommendations they can refer you to. An experienced attorney will have a solution for auto dent repair service for property damage, and physical rehabilitation recommendations to help you get back on your feet.
Can a lawyer represent you in another state for your auto accident? Yes, but will he or she be able to find an auto shop to help with repairs as a local attorney can? Probably not.
Family Law Assistance
Child custody matters can get very complicated. A child custody attorney can unravel some of the complexities of these types of cases. Can a lawyer represent you in another state in a child custody case? Yes, he or she can in a couple of circumstances.
Let’s say you and your ex-partner live in two different states. You commute the children back and forth during court-ordered visitation. You would like to change some of the points in the agreement, such as how far you have to drive to drop the kids off. Your lawyer in your home state can start a petition in your local court, and if the order is signed, can file that order with your ex-partner’s local court.
That is not your only option. You can hire an attorney in your ex-partner’s state to sue them for custody changes, back child support, and a wide range of other breaches to the agreement. Of course, if your local lawyer is also licensed to practice law in your ex-partner’s home state, then your lawyer can file what needs to be filed with your ex-partner’s local court.
Domestic violence attorneys usually file documents in the state where you live and cite exceptional circumstances (domestic violence) to require your ex to come to court regardless of where he or she lives. These cases can get very complicated. Finding an attorney who is willing to go the extra mile to represent you is important.
Ultimately, when the question is can a lawyer represent you in another state in child custody cases, the short answer is ‘yes.’ However, you want to check with the lawyer you are considering for the case to ensure that they can and will.
Eviction Assistance
Can a lawyer represent you in another state to provide eviction assistance? This is a tough one. During the height of the housing crash in 2008, many attorneys were representing people fighting eviction by their mortgage companies. However, that has since died off a bit. An eviction attorney can help you stay on your property longer, but local attorneys typically provide those services.
An eviction lawyer can represent you in another state, but the real question is: Why would you need an out-of-state attorney to represent you in an eviction proceeding? Local attorneys are usually much more familiar with local laws and have a relationship with court clerks, staff, judges, prosecutors, and other court officers that could be advantageous to you.
Local eviction attorneys can work with your landlord or mortgage holder to get you caught up on payments and help you avoid eviction altogether. A local attorney can act as your advocate and likely will have a wealth of knowledge when it comes to social safety nets and programs that can help you stay on the property.
If you are facing eviction, you need help fast. Calling an attorney as soon as possible can help buy you time and potentially keep you from being evicted. It can’t be stressed enough that time is of the essence. Whether you believe you are in the right or not, you need an attorney to represent you in this matter.
Criminal Charges
One of the most common reasons people seek the assistance of a lawyer is because they have been charged with a crime. A criminal attorney protects the rights of people that have been charged with a crime. In the United States, millions of people are incarcerated. Many people in jail could have had a very different outcome if they had the right attorney.
Many people make the mistake of thinking because it is a “first offense,” they don’t have to worry about being sentenced to jail time. Unfortunately, that ideology can get you behind bars rather quickly. Yes, you are supposed to be assumed to be innocent until proven guilty, but did you know that about 91% of all criminal cases are settled through plea bargaining and never make it to trial?
When you have been charged with a crime, the thought of being found guilty by a jury of your peers, even if you are not, is, in a word, terrifying. Many people panic, take the prosecutor’s offer and accept penalties and punishment they could have avoided if they had consulted with an attorney.
Can a lawyer represent you in another state if you have criminal charges? The answer is: It all depends on the charges. If you have a speeding ticket (a minor offense but a charge nonetheless), yes; shoplifting, yes; other minor charges, yes. However, if you are charged with a more serious offense, you will need a lawyer who is admitted to the BAR in the jurisdiction of the crime. A local lawyer is the best option for serious criminal defense for a couple of good reasons.
It is best to have a “familiar” face who is respected to represent you in more serious accusations of a crime. Unless licensed to do so, your local lawyer will likely not be able to represent you in a criminal case in another state.
In minor charge cases, you can sign a limited power of attorney for the attorney representing you, so you may not even have to go to court for this out-of-state matter. In most cases, it is best to find a local lawyer in the area where you were charged with handling the matter.
Federal Lawyers
Can a lawyer represent you in another state for your federal case? Yes, in most jurisdictions, if a tort lawyer (federal lawyer) is in good standing in one jurisdiction, he or she will be permitted to be heard in other jurisdictions of the federal court system.
However, some federal courts are not as lenient regarding who can represent a client freely. For example, a federal lawyer in New York can represent you in a bankruptcy case in Las Vegas, but he does have to get permission from the court to represent you. The process for a federal law to practice in any federal court in the United States requires submitting a request and evidence as to why he or she should be permitted.
In other matters, like criminal matters, a lawyer can represent you in another state. However, you may be hard-pressed to find a local lawyer willing to travel to Arizona or another state to represent you in federal court. The costs can become astronomical when you have to cover travel charges.
Can a lawyer represent you in another state on federal matters? Yes, but will he or she is the question. Federal cases are difficult cases to represent because the federal courts are not as “user friendly” as state court systems. Each jurisdiction follows federal court rules, and they have the right to implement “local rules.” Local rules usually apply to how paperwork is filed, time constraints, and procedural rules. An out-of-state attorney would have to do a lot of research to learn the local rules to ensure compliance.
The Right Lawyer Will Do This
Forming a relationship with a good lawyer can be helpful in many ways. For example, suppose you have a criminal attorney that your family uses for local matters. In that case, if there is an out-of-state problem, your local attorney can refer you to an attorney out of state or may even be able to help you. A good attorney will move with transparency and tell you right from the onset if he or she can handle your case regardless of where it is located.
A good attorney will also have a network of other attorneys that work outside their area of expertise. For example, a criminal attorney may not want to take on a family matter case, but he or she can recommend an attorney who can.
A good attorney is happy to answer all of your questions. Getting the information right from the original source is always the best way to make informed decisions. You must work with an attorney in whom you have confidence. You should always be completely honest with your attorney to ensure the person can represent you best.
Can a lawyer represent you in another state is one of the most frequent inquiries an attorney will hear. However, it is by far not the only question people ask their attorneys. The right attorneys will welcome all of your questions, and if they can represent you in another state, they will.
Choose the right attorney for your case today. There are plenty of talented, trustworthy attorneys in your area who can help you find solutions for your out-of-state matters. Make the call today to get started.