It is a simple fact of life that not all disputes are matters of black and white, right and wrong. When you need someone who understands that, look to the Fonteneau Firm for help. We will help you understand the relevant legal issues, explain your legal and non-legal options, and be honest with you about the potential consequences of your options so you can come to a decision about how best to resolve your problems. I hope you will take a few minutes to learn a little more about me, the firm’s practice areas and the law. I look forward to serving you, so feel free to contact me.

]]> http://thefonteneaufirm.com/welcome-to-the-fonteneau-firm/feed/ 1 http://thefonteneaufirm.com/turning-your-alabama-lemon-into-lemonade/ http://thefonteneaufirm.com/turning-your-alabama-lemon-into-lemonade/#comments Wed, 17 Sep 2008 13:57:24 +0000 Kira Fonteneau http://thefonteneaufirm.com/?p=117 If you’ve ever bought a new car, you know what a rush it is. There’s the new car smell, the feeling of power as you hit the accelerator, and the peace of mind knowing that you’ll have a reliable ride for a long, long time.

But what happens when that new car isn’t so reliable? When you wake up one morning and have to come to terms with the fact that you’ve bought a lemon? Lemon Law attorney Sergei Lemberg offers an overview of Alabama lemon law.

Sergei notes that every state has a lemon law, but that each of them is different. Under Alabama’s lemon law, some vehicles qualify as lemons and others don’t. If you’ve bought a new passenger vehicle, SUV, van, truck, or motorcycle with a gross vehicle weight rating of less than 10,000 pounds you’re covered – if the vehicle is used for personal (as opposed to business) purposes.

Now, on to definitions. In order to be considered a “lemon,” your vehicle’s defects have to affect its use, safety, or value. In other words, if it’s something minor, you don’t have a case. According to Sergei, the other catch is that the defects have to occur during the first year from the delivery date or the first 12,000 miles on the odometer – whichever comes first. In addition, the vehicle must have been taken in three times for the same problem or been out of service for 30 days for the same problem. Plus, the manufacturer has to have the opportunity to repair the vehicle one last time. The first repair attempt has to be made during the first year or 12,000 miles, and the final repair attempt has to be made before the end of the second year or 24,000 miles, whichever comes first.

Sergei is quick to point out that manufacturers have teams of lawyers that do nothing but fight lemon law claims, and that battling them will be much easier with a lemon law attorney at your side. The good news is that, if your claim is successful, the manufacturer has to pay your attorney fees. That being said, with the help of a lawyer, you can often get a refund, replacement vehicle, or cash settlement without having to go through the entire lemon law process – and get your attorney’s fees covered in the process.

One call to Bill Nolan gave me the solution to my client’s problem and I was able to get to know a knowledgeable and experienced Elder Law Attorney.  I highly recommend his services and I am placing a link to his website www.NolanElderLaw.com on my blog.  If you need help with planning for yourself or a disabled child in Alabama, Bill is an excellent first resource.

Dear New Lawyer,

Welcome to the practice of law. The journey you have just begun is one of the most challenging you will ever undertake. However there are great rewards along the journey. Hopefully, law school taught you how to think like a lawyer. Now you will learn how to act like a lawyer. As a third year lawyer, I am not so far removed from where you sit that I do not understand what you are going through, so I will attempt to share with you a few lessons I’ve learned along the way.

1. Big law has its place, but it may not be the place for you.

I still remember feeling nearly worthless when October of my third year came around and no big firm had offered me a position. For three years l had focused so heavily on getting a job in big law that I allowed that to be the barometer of my worth. I never really thought critically about whether I really wanted the big law lifestyle. When I finally got the job I thought I wanted, I felt as though my existence had been validated. I was wrong; and what followed was the worst career experience of my life. I learned a great deal at the firm, but it simply was not a good fit for me. If you find you feel the same, do not hesitate to change your path.

2. Go to court and watch, listen and learn.

Make time to go to court and learn by watching what others do. You can learn so much by seeing how the process works. By watching you will learn how the good attorneys conduct themselves and how the court system works. You will also meet the judges and begin to form relationships that will help you when you do have cases set in court. Do it.

3. Read the rules, research the law and don’t assume that more experienced lawyers are correct.

One of the most important things you can learn as a young lawyer is that the experienced lawyer does not always win. A few months ago opposing counsel in a federal court case filed a motion to dismiss against my client. When I first read the motion I thought all was lost. It was well written. It cited to cases and I immediately thought that not only was the court going to grant the motion, the client was going to sue me for malpractice. Although I thought about just handing the deed to my house over to my client, I knew I had to respond to the motion even if it was a loser. So I started to dissect the brief. There were three issues largely rooted in confusing bankruptcy law. I pulled up the citations in the brief and realized that opposing counsel had misread the law completely on all three issues. I drafted my response, filed it and low and behold, the Court ruled in my favor.

4. Look and act like a lawyer at all times.

I am not telling you to go to the gym in a suit. What I am telling you is that as a lawyer you are held to a higher standard. What’s more, your image is a big part of your brand. Never forget that. You never know where you will meet your next client or who is watching you. It should go without saying but particularly when you are in the courthouse, be well dressed even if you do not think you will be encountering a judge. For attorneys of color and women it is particularly important to be mindful of this advice even if other lawyers take a dressed down approach.

5. Exude confidence around your clients, the court and other lawyers.

There is a difference between confidence and being pompous. Know the line between the two and never cross it. Understand that you have a place at the table no matter how new you are or what your background. Even if you are not actually confident in what you know, being confident in your demeanor will go a long way.

6. Only associate with reputable attorneys.

This was my first hard lesson. It is hard to know which attorneys to stay away from as a new lawyer. Never link yourself publicly with a lawyer who has a checkered past. Be particularly careful of attorneys who suggest that you bend ethical rules or laws. If you hear a lawyer saying “I know what the ethics rules say, but this is how it really works.” Proceed with caution. No. Run the other way.

7. Ask questions when you do not know.

No one will fault you for being a young lawyer. Everyone will fault you for being an arrogant, new lawyer who thinks that they know everything. Ask the stupid questions and don’t be afraid to admit you do not know. This advice is particularly helpful when dealing with court clerks, secretaries and paralegals, but will also gain you the respect of your clients and other lawyers.

8. Believe you can do it.

I know it seems like everybody else has some secret book with the answer key and you don’t. It may also seem like there is a great deal riding on your performance. You are right about that. Sometimes you may be so overwhelmed that it may seem like you are trying to drink from a fire hose. But the reality is that everyone in the room started out just as clueless as you did. Some of the people who have been practicing for years are still just as clueless as you are. Give yourself a break and understand that if you are a good lawyer you will probably learn something new every day for the rest of your career.

9. Be honest with people

Hopefully this one does not need an explanation.

Frankly, as a firm dropout, this study did not surprise me at all.  Earlier this year the ABA’s Commission on Women in the Profession published its own study that came to largely the same conclusions.  From my perspective, the problems stem from partners’ and coworkers’ inability to see people as the individuals they are, rather than  stereotype based on physical characteristics.  For a woman of color, this inability can result in a double set of stereotypes that are hard to live down.

It is normal to notice the differences among us as long as we are sure we are noticing real differences and not presumptions based on misinformation and outmoded prejudices.  If firms want to increase the feeling of inclusion among their associates, they have to understand that diversity is about nuance and balance and actions speak louder than words.  It is simply not enough to publish policy statements about valuing diversity and recruit at minority job fairs.  Firms have to think about what they will do with the candidates once they become employees.  That means changing the firm’s culture if necessary and confronting partners who refuse to get with the program.  If your firm is having a hard time retaining double minority employees, perhaps the firm needs to take a look at whether there are institutional barriers to success that linger rather than writing it off as just another bad hire.

The case came to my attention when I was an intern in the Georgia Governor’s office as the Executive Counsel’s intern.  I worked for Georgia Supreme Court Justice Harold Melton who at the time was the Executive Counsel to the Governor.  At the time, the case was just beginning to get publicity because video of the incident between Wilson, his friends and the underage girl had leaked to the media. The case was beginning to snowball and I had to give a report to the Executive Counsel explaining how Wilson’s case differed from Dixon’s. Wilson, like Dixon, was charged with aggravated child molestation and faced a mandatory sentence.  What made the Wilson case legally interesting was that although the Supreme Court ruled in Dixon’s case that the legislature’s intent was not to subject those convicted of consensual sex with a younger person to felony molestation charges, the precedent did not extend to cases where the conduct involved non-procreative sex.

Both cases drew national attention because of the perceived injustice facing two young males who had done nothing more than have sex with arguably consenting young women.  There was a lot of talk about their promising futures lost to the harsh realities of being a convicted felon sex offender. However what seems to be missing is the discourse on why society allows young male athletes a pass when they take part in denigrating young women.  In Wilson’s case particularly his behavior was deplorable.  He not only took part in encouraging a young girl to perform a sexual act on him and his friends, they also videotaped the episode.  Despite this, many people rushed to his defense and demanded his release.  Maybe the punishment was harsh, but what about the damage he did to the young girl he took advantage of?  What about her future?