What is a retainer, and do you require a retainer?
I use the term “retainer” in the classic sense. It is not “pre-paid” fees, but essentially a fee that is paid to my firm for establishing you or your business as a client, which also recognizes that by accepting you as a client I forego the opportunity to represent others. Generally, a retainer is required.
Do you also require pre-payment of fees?
There is no pat answer to that question. Our fee arrangement is unique, and can only be formed after we have gotten to know each other, any matter in which you are involved, and the shape of my representation of you or your business.
Do you offer any flat fee arrangements?
Yes. Some types of family law matters, probate, simple bankruptcy, business organization services, and trusts and wills are subject to a flat fee arrangement. But it is always understood that a “simple” matter can become very contentious and complex, and that a flat fee agreement will go out the window in those circumstances.
Do you ever offer a payment plan?
Again, there is no pat answer. My impulse is to help people who need an attorney. But I am also a good business person, and I know I have to make a living. I do accept credit cards. I will sometimes enter a security agreement with a client who has assets but is short of cash, assuring that I will be paid eventually. Often, however, the natural course of my representation will spread your costs out over a period of time.
Do you take any cases on contingency?
Very seldom, and only in certain types of cases, will I offer a contingency arrangement. It is considered unethical to take certain types of cases on a contingency basis. The answer to the question is only possible after we discuss your case together.
How much would my contested divorce or litigation cost me?
Litigation is an expensive process. Recognizing that, I try to conduct litigation as economically as it can be, consistent with effective representation. I understand the difference between “cheap” and “least cost”. I also fight to obtain reimbursement of attorney fees from opponents where that is provided by either the law or equity.
Before I file a lawsuit or divorce petition, what else should I consider?
The emotional drain and loss of privacy are very real and important considerations. When you open the door of a lawsuit, you begin a protracted conflict and you lose the right to withhold private information to some extent. It is in my nature to be a fighter, but I know that many of my clients are averse to conflict. It is common for one side to cynically try to wear the other down. Often, the side that cares the most…especially where children are involved…is actually at a disadvantage against an opponent who will use “scorched earth” to win. One attribute I offer my clients in such a situation is that I am tenacious and unflagging. One opponent complimented me by calling me, “…a raptor with a bar card”.
Can you guarantee an outcome in litigation?
Certainly not; and no attorney with any integrity can offer any such guarantee. I can and will candidly assess the strengths and weaknesses of your matter, and advise you as to various options that you might wish to consider. You will always make the final decision, as it is always your case.
Do you always take a lawsuit to trial?
No, and for the very simple reason that I understand game-theory. I will not expose a client to the great uncertainties I know face them in the courtroom unless there is no acceptable alternative. On the other hand, I am not afraid to try a case, as are so many attorneys. But, generally speaking, taking a matter to trial means that the people involved have failed to deal with the matter in the least expensive and most rational way—the way that involves mature judgment from the parties. That way is via settlement. But please note: a bad settlement is not an acceptable outcome, and some opponents are not reasonable people. Trial is sometimes the only alternative to simply giving up. But that is always your decision.
Do you have a “special” relationship with judges in any court?
No, indeed; I am a small fish in a big pond, and I am not a political animal. Some people believe that judges can be influenced in a case by who represents a party. Nobody could say that never happens, but most judges are truly independent and impartial in my experience, and the out-come of a case depends on the law, the facts, and various other factors.
How many litigation cases do you handle at one time?
Two considerations limit my litigation practice; one is my quality-of-life choice to have a life. The second is my decision to limit the number of cases I attempt to handle for the sake of high-quality representation. I have a specific number of active litigation matters that I do not exceed.
Why should I choose you over one of the “big boys” downtown?
One reason you may wish to consider is that I have beaten the “big boys” in the courtroom. Another is that I am much more accessible, both in terms of being your neighbor and because of how I choose to practice. You or your business would be one of a few very important people in my professional world. Would that be true at one of the big firms downtown?
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