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JK Law Firm

JK LAW BLAWG

Why You Need a Trial Attorney

I frequently get asked by prospective clients why they should hire an experienced trial attorney when they have no desire to take their case to trial. My response is effectively captured in a old proverb: 

        “It is better to be a warrior in a garden than a gardener in a war.”

In a perfect world, insurance companies would give a fair offer early on and every case would settle without going to trial. Unfortunately, insurance companies are motivated to settle cases for as little as possible and know that many injured individuals and their attorneys do not want to go to trial. Insurance companies will often leverage this fear to continue to give and press on low settlement offers. 

The not-so-well-kept secret is that insurance companies do not want cases to go trial for many reasons: increased work, formal discovery, litigation costs, etc. However, the largest reason is the increased exposure. While it is impossible to know what a jury will determine, insurance companies know that an effective trial attorney can potentially deliver a very large verdict for their client. Therefore, an experienced trial attorney can often obtain a fair settlement early on, because the insurance companies know that the attorney can and will take a case to trial, if needed. 

My years of experience fighting in the courtroom, first as a prosecutor, then as an attorney on behalf of insurance companies, and now as an attorney on behalf of those injured as a result of another’s negligence, helps the insurance companies know that we expect fair and just compensation for your injuries. . . and if needed, we will fight for it. As the proverb goes, is it better to have a trial attorney and not need to go to trial, than to have an attorney who dreads going to trial and need to go to trial. 

Need a warrior for your case? Do not hesitate to call (770) 288-0005 for your free consultation.    

Gun Rights as a Convicted Felon

The moment you are convicted of a felony in Georgia, you can no longer own or possess a firearm pursuant to O.C.G.A. 16-11-131. If you do, you will be arrested for Possession of a Firearm by a Convicted Felon, a felony punishable by imprisonment for up to five years. However, that doesn’t mean you can’t get your gun rights restored later on.

Five years after you successfully completed your felony sentence, you may apply for a Pardon or Restoration of Rights through the Georgia State Board of Pardons and Paroles (assuming your conviction was a state and not federal offense). To restore your ability to own a gun, you also need to apply for your Restoration of Right to Receive, Possess, or Transport in Commerce a Firearm, with the following requirements:

➼ During the five years after you completed your felony sentence, you need to have lived a law-abiding life with no new arrests or convictions (10 years and additional requirements if a registered sex offender);

➼ Submit 3 letters of recommendations from non-family members to attest to your integrity. The letters must include the reference’s complete contact information and should be dated, signed, and notarized;

➼ Complete an in-person interview with a SBPP staff member.

There is no application fee and you do not need to hire an attorney to complete the application. However, the application processing time can be lengthy – SBPP advises that it takes approximately six to nine months to process each application, possibly longer, based on their workload. You may find further information about the process and a copy of the application below:

https://pap.georgia.gov/parole-consideration/pardons-restoration-rights#:~:text=Can%20I%20have%20my%20right,apply%20for%20a%20presidential%20pardon.

Have questions about your criminal case? Do not hesitate to call (770) 288-0005 for your free consultation.    

How Does a Car Accident Lawyer Get Paid?

Virtually all personal injury attorneys work on a contingency fee (if they don’t, RUN). This means that the attorneys will take their fee from the settlement/judgment at the end of the case, and there is no cost to you to hire them. In addition, the attorney/law firm will cover all expenses in prosecuting your case (i.e., expert witness fees, court filing fees, deposition costs, mailings, etc.). If the attorney does not recover for their client, then the attorney’s fees/case costs are not owed. 

While many personal injury attorneys advertise the above as a beyond-the-norm benefit, please note that this is standard practice within the personal injury field. I highlight the above to emphasize that, when looking to hire a personal injury lawyer, you should look at other factors: experience, litigation skills, communication, etc. However, beyond everything else, you should select a lawyer that you trust – and that begins with the initial consultation. 

In need of a personal injury lawyer? Do not hesitate to call (770) 288-0005 for your free consultation.