The quick answer is: ASAP. The sooner you can get competent, loyal, and supportive legal advice for you, the better. It may be distressing to hear that there is urgency in dealing with your situation, but it is a truth that the earlier you have an attorney committed to you and your interests, the better off you will be.
Suppose you have been harmed in a car crash, injured due to someone else’s negligence, or violated due to governmental misconduct? You are hesitant to take legal action because, generally, that’s not your style. You possibly want to wait and see how things shake out before acting. You worry that a rash move could, in the long run, harm you. Possibly there is other litigation surrounding the scenario. For example, in a car crash, the offender may be charged with DWI and you want to see how that shakes out. Alternatively, in a civil rights claim, you yourself might be falsely charged and you wonder what will happen if you muddy the waters with your own case? These are legitimate concerns because it is true rash action can endanger an otherwise meritorious claim. However, consulting with a good attorney will not endanger your issue but protect it and, more importantly, protect you.
The best thing about consulting an attorney is that they are committed to both confidentiality and loyalty. These duties critically protect you and your issue. As the above worries state, maybe it is or it is not time to act. But if you consult with a lawyer that you feel like you can trust and understands the law and your situation, you can be assured that they will not act until the time is right. Now it’s on the lawyer and not you. The problem with the impulse to hesitate is that a slow response may hurt your claim; indeed, it may destroy it. The legal world is immensely complicated and nuanced, relying on complex statutes and decisions and turning on judgment and reasoning. Your own attorney can help you analyze your timeline and help you decide when to act.
This is true also if there is another companion issue to your case, like a criminal law action or other type of procedure. Even if you have someone who is helping you in that issue, like an attorney, victim advocate, or other support, it is impossible to underestimate the power and confidence you get from being represented and protected by an attorney that focuses on you and your particular issue.
It will not be enough to simply do your own research in this sphere. Knowledge is power, but wisdom is to know that you do not have full knowledge. Information obtained that may indeed be valid in some circumstances may mislead you in your own case. New Mexico has its own laws that change the timelines and possibilities significantly. Special circumstances that apply here in NM may negate what you learn online that applies in other jurisdictions.
There are critical hard deadlines in the legal world which can completely destroy your claim if they are not met. Check out my other blog posts to learn more about some of these deadlines Grievances: What is necessary to sue NMDOC or MDC for mistreatment of a prisoner? – Max Pines Law New Mexico Tort Claims Act and Civil Rights Notice: What is necessary to sue NMCD and MDC for mistreatment of a prisoner? – Max Pines Law
- Statutes of Limitations: The ultimate limits to legal action; they must be met or there can be no claim. They may sound long, but don’t let that lull you into complacency
- Tort Claims Act Notice: New Mexico requirements to sue the government are only 90 days!
- Civil Rights Act Notice: Our unique NM law protects you but only if you meet the notice deadline.
- Administrative Processes: Various lawsuits and entities have various rules and procedures that must be timely followed in order to preserve your claim.
There is nothing worse than telling a potential client that their issue sounds powerful, their suffering is real, and the wrong done to them is heinous… but: the law forbids them from getting relief because of a missed deadline. Don’t let that happen to you!
There are other aspects that require, at the very least, quick analysis by your lawyer to best defend your issue. The following are a brief example of the types of quick action that can be taken by your lawyer and whose effectiveness fades with time.
- Initial investigation of the facts
- Determination of the parties
- Preservation of evidence
- Representation Letters
- Demand Letters
Prompt consultation will put you in a more powerful strategic position than leaving it to the lawyer to scramble at the end and try to throw a case together.
Again, it may not in fact be the time to act, but you will know with some confidence that it is or is not if you consult with an attorney early, rather than late in the development of your case. Getting an attorney takes legal and mental pressure off of you and will give you peace of mind by giving you a guide as you continue down your path to recovery.