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mr surveyor wrote:I do NOT see how paying an attorney to be "on stand by" in case of some potential need could, or should be any more effective at providing legal counsel than one hired at the time of need ...

The sort of scenario I'm thinking of is being arrested at 10 p.m. the day before Thanksgiving. It's going to be days before you can get in touch with an attorney unless you have an existing relationship.

It's also difficult to do anything in jail.

Insurance, on the other hand actively pays the injured party (when forced to do so anyway) in the event there is a valid claim filed. The insurance company is NOT representing the insured as an attorney.

If you are sued, and you have liability insurance, the insurance company must either settle or defend the lawsuit. They usually settle because it's cheaper than going to trial, but if the plaintiff won't settle, the insurance company has to provide the lawyer.

(It gets more complicated in real life. I've never been sued, so I have no personal experience with it.)

- Jim

P.S.: If you buy any kind of liability insurance, you essentially have an attorney on retainer.

- Jim

I think people focus on the self defense-lawyer connection because using deadly force is a crime unless it is justified, end even then the justification is a defense to prosecution.

Most of us do very few things in life that are potentially a crime.

I still believe that a prosecutor could use that to accuse a person of being a "trigger happy vigilante" that was buying insurance for the inevitable.

And I still think you're wrong.

Everyone has the right to have a client relationship with a lawyer (First Amendment -- freedom of association). Most people in prominent positions do. You cannot use someone's exercise of a right as evidence of criminal intent.

- Jim

srothstein wrote:This brings up an important point that most people who have not been arrested do not know. A lawyer can post bond for his clients without going to a bail bondsman. And since he gets the money back (actually he has prearranged it and pays no real cash out) when you show up, there is little or no fee for this.

I did not know that.

If you have to make bail and get a bondsman, the money you pay him is spent.

- Jim

carlson1 wrote:Instead of the retainer or Attorney insurance - why not just start you a Savings Account and place that money in the account each pay day.

Savings are always a good idea, and I've known maybe two people in my life who might have saved too much. But money in the bank does you no good when you're in jail. You need an attorney then, and you don't have access to the money.

gregthehand wrote:Those who have never been in a situation where they need a lawyer at 2 am "RIGHT NOW" probably won't understand why they would want one.

Can you explain why it's better to have one that will come out at 2 a.m. versus 9 a.m. the next day?

I'm not trying to dig or anything. I've been arrested. It's no fun. But if you feel unsafe in the jail, you can tell them you're having a medical crisis and get transferred to the hospital.

- Jim

mr surveyor wrote:sounds premeditated to me

Sorry, but that's like saying that buying insurance means that you're planning to have an accident.

Some people have an attorney on retainer. That typically costs a couple grand. Some just have a lawyer's card in their wallet. Some just hope they stay lucky.

- Jim