In the eyes of many British citizens, America has a well-deserved reputation as a society dominated by legal problems and litigation. During my 22+ year career, I've worked with many clients from the United Kingdom who were confronted by a difficult American legal problem. The typical culprits are real estate transactions, vacation property management issues, contract disputes, probate matters, and personal injury cases.
Although the American legal system is largely based on English common law and we share a common language, it can be intimidating to a Brit who is suddenly forced to navigate it. The purpose of this article is to get you pointed in the right direction.
I DON'T EVEN KNOW WHERE TO BEGIN
It may seem like a daunting task for a Brit to solve an American legal problem when they are physically located in the United Kingdom. But it can be done. The American legal system is complex and can be overwhelming for anyone not familiar with the different jurisdictions (federal, state and local), statutory laws and regulatory requirements, and how it all fits together. Although you may be able to take some action from afar, I recommend that Brits seek legal advice (at the earliest opportunity) from a competent attorney in the state where their problem arose. Failure to act in a timely manner may compromise your position and eliminate an attorney's ability to protect your legal rights. Before you reach out for assistance with your problem, there's an interim step.
ORGANIZE YOUR LEGAL PROBLEM
One of the first steps for solving your legal problem is organization. Before an attorney can provide you with advice, they need to understand the factual basis of your problem. In addition, an attorney is required to conduct a conflict of interest check at the outset of a new representation to ensure that the representation is ethically sound.
I recommend that a British client prepare a written narrative of their problem that identifies the relevant people involved, important dates and events, lists relevant documents, and contains other information that explains the factual basis of their situation. In addition, make a list of questions to ask so nothing is left out. Be prepared to email or fax your written narrative. Providing this narrative to an attorney will avoid confusion, make it easier to evaluate your legal problem, help reduce legal fees, and start the attorney-client relationship on a sound basis.
CONSULT WITH A LICENSED ATTORNEY
As an American (California and Florida) attorney and English Solicitor, I readily admit that I am biased when it comes to a client obtaining legal counsel. It's been my experience that the typical legal client has the same needs - competent and knowledgeable advice, an ethical approach to their problem, a range of options, specific recommendations, and peace-of-mind. Above all, the client wants to find a cost-effective solution to their legal problem. An attorney is in the best position to address these needs.
For the vast majority of legal problems, American attorneys charge a reasonable fee for an initial consultation with the exception of personal injury attorneys who typically offer free consultations. Since my law practice caters to British clients, I offer a free initial telephone consultation to potential clients from the United Kingdom. I've always felt that until I had a preliminary understanding of the potential client's legal problem, it would be hard for me to evaluate their case, make meaningful recommendations or estimate the likely legal fees involved.
TAKE DECISIVE ACTION
It is almost always a mistake to ignore a legal problem. Although we would like the problem to go away, it seldom does and usually gets worse due to inaction. If you understand your legal rights and take decisive action to protect your interests, the American legal system is not nearly as intimidating.
Fred Reilly is licensed to practice law in California, Florida and as an English Solicitor. His practice includes real estate law, business law, corporation and LLC law, technology law, and probate.
Mr. Reilly has been admitted to practice before the United States Supreme Court and the United States Court of International Trade. Mr. Reilly received his Masters degree (LL.M. - International Business Law) from the London School of Economics and Political Science, J.D. degree from Samford University (The Cumberland School of Law), and B.S. degree (Management) from Purdue University (The Krannert School of Management).
Mr. Reilly welcomes inquiries from prospective United Kingdom clients and beyond.
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