Frequently Asked Questions
1. At what point do I need to hire an attorney?
This question can only be answered by you and it is best answered only after you have had a chance to discuss your situation with us and make an informed decision as to whether you need to retain an attorney at this time.
The fact that you are asking this question indicates that you may very well need to hire an attorney as soon as practical. Unfortunately, many people put off contacting an attorney due to an understandable concern of the expense involved. However, contacting an attorney sooner rather than later may very well result in a savings to you. It has been our experience that we are often able to diffuse a dispute and assist the parties in reaching an accommodation before the matter proceeds to court.
2. How much do you charge for a consultation?
We typically do not charge for an initial consultation. If you decide to retain us following the consultation, we will work out a fee arrangement in connection with our representation of you.
3. How do I arrange for a consultation?
Our offices are open from 9:00 a.m. to 5:00 p.m. Monday through Friday, except holidays. Please feel free to call for an appointment at our offices, or, if more convenient for you, an appointment for a telephone conference concerning your situation.
4. What fee arrangements are available?
Each case is unique. A fee arrangement is usually dependent upon the complexity of the case, the anticipated outcome, and to a lesser extent, the geographic location of the courthouse where any lawsuit may have to be filed. Most personal injury cases, and some other types of cases, can be handled pursuant to a "contingency fee agreement". All other matters are generally handled on an hourly fee basis.
5. What is a contingency fee arrangement?
A contingency fee arrangement essentially is an agreement between the attorney and client that the attorney will be paid for services rendered after the case is over. If a judgment or settlement is obtained in your favor, our fees will be deducted from the settlement amount recovered by way of judgment. We will discuss this with you and agree upon the percentage of the award/settlement to be allocated to attorneys fees as part of our initial attorney-client retainer agreement. Customarily the fee of 33% is allocated where matters can be settled at a fairly early stage, and 40% is allocated to those matters, which proceed to trial or arbitration. Contingency fee agreements also provide for the "costs" incurred by the client during the litigation to be deducted from the amount obtained.
6. What are "attorneys fees" and what are "costs"?
"Attorneys fees" are payment for the professional's time and effort expended in working on your behalf. In addition to attorneys fees, there are "litigation costs". Costs are those expenses which are incurred in connection with prosecuting your case which are not directly related to the time expended by the attorney. For example, if it becomes necessary to file a complaint on your behalf, it is necessary to pay to the Court a filing fee. Other examples include payments to court reporters for depositions, charges incurred in connection with copying voluminous documents, costs incurred in traveling, and the cost of hiring investigators or expert witnesses/consultants to assist us in working on your case.
7. Can I change attorneys?
The attorney works for the client, not vice versa. The client may terminate the attorney's representation generally any time the client feels it is necessary to do so. A client is free to hire as many attorneys as a client sees fit, and may terminate any of them at will. However, please note that if your lawsuit is pending in the court system, and if a trial date has been set, the Judge presiding over your case may not allow you to replace your attorney unless you agree that your new attorney will be ready to proceed with trial as scheduled.
8. What costs are involved in changing attorneys?
If you wish to replace your attorney, the attorney will have a right to place a lien on your case for the reasonable value of the services rendered on your behalf. If your case is on a contingency fee, the lien of the first attorney will not exceed the percentage of the fee to be collected by the new attorney if the case can successfully be resolved. For example, if your case is being handled on a 33% contingency fee, then both the first and second attorneys would collect their fees from 33% of any settlement or judgment.
Where a new attorney is retained on an hourly basis, the client should expect to incur fees related to the new attorney having to review the file materials in order to get up to speed. The amount of time the attorney will devote to getting familiar with the case would be directly related to the age and complexity of the case. The client should discuss with any potential new attorney the amount of time and effort the attorney anticipates will be necessary in order to become familiar enough with the case to take it over.
9. Should I be concerned that any information I divulge to my attorney may later be either used against me or given to third persons?
By law, the client and attorney have a confidential relationship. The attorney is prohibited from divulging to any third person any information provided to the attorney in confidence by the client unless the client gives specific permission to do so. The "attorney-client privilege" prevents an attorney from disclosing this information under any circumstances except where the communication is made in order to obtain the services of the attorney to assist the client in committing or planning a crime or fraud.
10. What is a subpoena?
A subpoena is a court order directed to a person or an entity for the purpose of either requiring an appearance in court or in some other location in order to testify, and/or in order to produce certain specified records and documents for inspection and copying. If you receive a subpoena you should read it carefully. If there is any question as to what the subpoena requires you to do, you should immediately consult an attorney.
11. What do I do when a subpoena requires me to do something I do not want to do or cannot do?
When a subpoena requires you to be at a particular location on a date and time which will result in a heavy burden being placed upon you, it may be possible to convince the attorneys involved in the litigation to reschedule for a date, time and location more to your convenience. If your only concern is when and where, you should call the attorney responsible for issuing the subpoena, explain the problem, and politely inquire as to whether your schedule can be accommodated.
On the other hand, if the subpoena requires that you testify in a matter in which you do not wish to testify, or produce documents which you do not wish to produce, you should immediately consult your own attorney. If you ignore the subpoena it is likely you will found to be in contempt of Court and subject to imprisonment and/or civil fines. If you partially comply with the subpoena, but refuse to testify and/or produce the documents requested, the attorneys involved in the litigation may go to Court and request an order requiring your compliance. Again, disobedience of a Court order can result in you being held in contempt of Court, and you might be subject to imprisonment and/or civil penalties. Do not assume that the attorneys who have subpoenaed you, or their adversaries, have anything in mind other than doing the best they can for their clients. Seek legal advice as soon as possible after receiving such a subpoena.
12. I received a Summons and Complaint, what do I do?
A Summons and Complaint are two separate documents which are utilized to begin a lawsuit. The "Summons" is usually a two-sided or a two-page document which is directed to the person(s) being sued (Defendants). The Summons typically will state that you have 30 days from receipt of the Summons and Complaint in order to file a response in the Court to the Complaint. Unlawful detainer actions have a much shorter compliance period.
The Complaint is a statement of a mixture of facts and legal contentions by which the person suing you (Plaintiff) hopes to obtain monetary damages from you or, less frequently, obtain a court order compelling you to do or forgo from doing a specific act. If you are listed as a "Defendant", you are required by law to file with the Court a written response to the Complaint. If you fail to timely file a written response to the Complaint, the Plaintiff can ask that a "default judgment" be entered against you. If a default judgment is entered, you have lost the case and a judgment will be entered in the amount of damages that the Plaintiff is able to prove to the Court that he or she has sustained. A default judgment prevents you from disputing anything the Plaintiff is alleging, and you are not permitted to participate in the proceeding where the Plaintiff proves up his or her damages to the Court.
There are forms available which can be utilized to file an Answer to a Complaint. However, if your Answer is deficient, or if it is not properly filed/served, you may very well lose your case without having an opportunity to be heard. You should always consult with an attorney as soon as possible after having received a Summons and Complaint.
13. I have been notified that Default Judgment has been entered against me; what can I do?
If you have ignored a Summons and Complaint served upon you or your business, and have now received a (Notice of Default) do not ignore it. There are literally dozens of situations where a Default Judgment has been improperly obtained and can be "set aside" by the Court as though it was never entered. Setting aside a Default Judgment allows the Defendant then to proceed with answering the complaint and moving forward with the litigation and having an opportunity to defend against the Plaintiff's allegations through trial. There are strict time limits involved with setting aside a Default Judgment. Therefore, if you receive notice of one you should consult an attorney as soon as possible. Whether a particular Default Judgment can be set aside will depend upon the unique set of facts in each case.
14. How do I know if your firm is right for my particular legal needs?
Perhaps there is no better way than to contact us and schedule a consultation. We have a wide range of expertise, but we do not handle all types of legal matters. If we are unable or willing to handle your claim, we will not hesitate to let you know. Neither the client nor the attorney is well-served by matching your legal needs with the wrong attorney.
15. I just have a simple question. Can I call and get some quickly advice over the phone?
As professionals, attorneys are in the business of selling access to our expertise. Just as you would expect to be charged for medical advice from a doctor, you should expect to be charged for legal advice rendered.
The foregoing has been an attempt to address some of the more frequently asked questions we receive. If you are in need of legal services, you will undoubtedly have more questions. Be prepared to ask us anything you need to know during the initial consultation.
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