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The Turley & Mara Law Firm, APLC

Does my Defense Base Act Lawyer have to be from the same State I live in?

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Defense Base Act-Bill Turley

“When I seek out professional advice, I don’t want B.S. I want it straight up, with no double talk. I figure do also. I always use plain English, with no sugarcoating no B.S lawyer talk, and no double talk- just old fashioned, unsweetened, unvarnished truth-just the way that I would want it.” -Bill Turley

My Best Advice

Nothing is more important when handling your Defense Base Act case, then speaking the truth. People who believe if they sugar coat their case, it will help them win their case. Wrong.

You have to be up-front, honest, and truthful to your attorney and the judge. If a judge suspects your not telling the truth, you can say goodbye to your case. Count on it. I have seen it time and time again.

My Second Best Advice

Take the time to research your case. The more homework you do, the better your case. Order my Free book, Win Your Defense Base Act Case: The Ultimate Straight Talk Roadmap To The Medical Treatment and Money You and Your Family Deserve. It is full of useful information when it comes to your injury and the Defense Base Act System.

And before you do, check out the 5 Star Amazon Reviews. It will be the best thing on helping you take the necessary steps to win your Defense Base Act Case.

Occasionally overseas civilian contractors with Defense Base Act claims tell us that they want to hire our firm, but they are concerned that they can’t because we aren’t based in the same State that they live in.  

Some folks ask, “Can I hire a DBA lawyer from another State?”

This is a good question.  

With most legal problems - you should hire a lawyer in the State where the legal problem arose

With most legal issues, you should probably hire a lawyer/ law firm that resides in the same State that you live in, where the incident occurred and/or where the legal matter arose.  For example, if you are getting a divorce in Texas, I recommend that you hire a Texas lawyer.  Or if you are driving from New York to Florida and while in Virginia and you get a reckless driving ticket - I recommend that you hire a Virginia lawyer.

This is for a couple of reasons.  A lawyer in New York - for instance - is not going to know the law and procedure for the courts in Virginia.

In addition, most State Bar’s (the State organization that provides licenses to practice law) don’t allow out of State lawyers to handle cases in their State unless the lawyer is admitted to practice law in that particular State.

 

Not So with Defense Base Act Cases

Your DBA lawyer doesn’t have to be admitted to practice law in your State in order for the lawyer to handle your case.  In fact, in many instances the best lawyer for you may not be located anywhere near where you live.   The top three DBA law firms that represent seriously injured overseas civilian contractors have “national practices.”  Meaning they regularly handle DBA claims for folks that live all over America from around the world.

This is based on several reasons.

 

DBA Cases are based on Federal Law - not State Law

The Defense Base Act is based upon federal law - not State law.  A lawyer doesn’t have to be a member of the State Bar in your State in order to handle your DBA case.

 

The Defense Base Act is an Extension of the Longshore Act (a little history helps explain where the leading DBA lawyers are located) 

The second and the perhaps most important reason is based on the history of the Defense Base Act. The DBA is an extension of the Longshore and Harbor Workers’ Compensation Act (Longshore Act).  The DBA is actually part of maritime law. The Longshore Act is the federal workers’ compensation program for injured longshoreman, shipyard workers and harbor workers. DBA claims fall under the same procedure and law as do Longshore Act claims.

What you are going to find is that almost all the leading DBA lawyers have a long history handling Longshore Act claims.

For example, I started out as a maritime lawyer in San Diego, California handling Longshore Act cases.  San Diego has the largest shipyard on the West Coast.  I have been handling Longshore Act claims since the 1980's.

When the Iraq and Afghanistan wars started it was only natural that returning injured overseas civilian contractors were referred to my office.  Today, my law firm represents more overseas civilian contractors than any law firm on the West Coast.  Insiders tell me that my office is now the second largest DBA law firm in the world.  

 

Almost all the leading DBA lawyers started out handling Longshore Act cases

Based on what I see, almost all the leading DBA lawyers have a history of handling Longshore Act cases. The top three largest DBA law firms started out handling Longshore Act cases.

In order to get really good at anything, you have to do it a lot.  It is the same with law. It is the same with DBA cases.  In many - if not most States - there are very few Longshore Act cases because there are no, or few, longshoreman, ship yard workers or harbor workers.

Thus, based upon geography alone, you aren’t going to find Longshore Act lawyers in many States.  

Please understand that I am not telling you not to hire a DBA lawyer that is in the State that you live in. However, you may not find one of the the top DBA lawyers in your State.  You might, but based upon there being 50 States and only a handful of top DBA lawyers - it may not happen.  

 

The Bottom Line

The DBA attorney that you hire doesn’t have to be from the same State that you live in.  There is no requirement or rule that requires you to hire a DBA lawyer from your State.  Because the DBA is based upon federal law the lawyer you hire doesn't have to be a member of the State bar organization where you live.

 

It is all about telling the truth

My advice is that you hire the best, honest DBA lawyer that you can find that will agree to accept your case.  Whether they are across your town or whether they are across the country.

Whenever you bring a court case, nothing is more important than your credibility.  You have to tell the truth about everything.  You must not fudge or try to evade anything.  The one single factor most importqant factor that will determine whether you win or lose your case is whether the Judge believes you or not.  You need to make sure that the lawyer you hire is willing to win your case with the truth.  

William Turley
“When I seek out professional advice, I don’t want B.S., I want it straight up. I figure you do also.”
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