MIME-Version: 1.0 Content-Location: file:///C:/26849293/faqs.htm Content-Transfer-Encoding: quoted-printable Content-Type: text/html; charset="us-ascii" FREQUENTLY ASKED QUESTIONS

FREQUENTLY ASKED QUESTIONS

 

We ho= pe that this website has answered most of your questions, however, there are some questions that we are asked on a regular basis that this website may not cover.  W= e have listed some of the most asked questions with some possible answers here.

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Q.   &n= bsp;    Do I have a case?

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A.   &n= bsp;    Maybe. We cannot determine from a phone call whether an individual has a case worth pursuing.  We prefer to meet w= ith a potential client face to face so we can discuss the issues of your situation and for you, the client, to determine whether you want to hire our firm. We sometimes compare our practice to doctors.=   You wouldn’t call a doctor and describe your symptoms and allow him/her to diagnose you on the phone, you would rather meet with him/her in order to get a complete evaluation.

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Q.   &n= bsp;    How do I know if my case is worth pursuing?

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A.   &n= bsp;    Basically, you look at your damages, or what is out of your pocket.  For instance, if you are injured a= nd your medical bills are $1,000.00, then your damages are $1,000.00.  You can sue for a million dollars = with $1,000.00 in damages, but you probably won’t get it.  Punitive damages are only awarded = in limited circumstances and can only be awarded if real damages are proved. <= /p>

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Q.   &n= bsp;    Do you take payments?

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A.   &n= bsp;    This is determined on a case by case basis as well.  We will look at all of the circums= tances and evaluate how much time will be involved initially.

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Q.   &n= bsp;    Is there a consultation fee?

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A.   &n= bsp;    Yes.  The consultation fee is $100.00.  That is for approximately one hour= .

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  &nb= sp;         Q.        Why do you charge a consultation fee?

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A.   &n= bsp;    There are thousands of attorneys that will take a car wreck case, but very few wi= ll take on the police in civil rights violations. I have practiced in the civil rights law area for 25 years, therefore, you are paying for my 25 years experience.  And like you, I work for a living and also like you, when I work, I expect to get paid. I sell information, so when someone asks me for legal advice, then I should get paid.

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  &nb= sp;         Q.        When can I get an appointment?

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A.   &n= bsp;    Normally, when you call, we can get you in within a week.  However, depending upon our trial schedule, it might be as far out as a month.  The only way to know for sure is t= o call and see what we have available. 

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Q.   &n= bsp;    My one year statute is almost up.  Do I still have time to file suit?

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A.   &n= bsp;    Generally speaking, in most cases, there is a one year statute of limitations in whic= h to file suit, meaning, you have one year from the date of the incident in whic= h to file suit. There are some exceptions to that with some areas of the law, but usually, it is one year. We usually require at least six months before a statute runs before we would consider taking a case.  We are a small firm and do not hav= e the resources to drop everything and work on a case within a short time period.  Six months give us en= ough time to research the issues, interview witnesses, prepare the file, contact experts, etc. As much as we dislike telling people to call someone else, in these circumstances, it would probably be best to find a large firm who has= a multitude of staff available to dedicate to short notice cases.

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Q.   &n= bsp;    Do you give legal advice over the phone or through email?

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A.   &n= bsp;    Absolutely not.  I do not represent telep= hones, computers or letters.  I repre= sent people. Cell phones, email and other forms of me= dia, can be monitored by third parties and I simply do not take the chance of someone else listening in to a confidential conversation. If you want legal advice, make an appointment and hire me.

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Q.   &n= bsp;    Can you give me an estimate on how much it would cost to litigate a case?

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A.   &n= bsp;    No. All I can tell you is how much my retainer would be for me to get into a ca= se.

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  &nb= sp;         Q.        Can you guarantee we will prevail in a case?

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A.   &n= bsp;    Again, absolutely not.   You can= pay me lots of money to sue the sheriff, for example, and the only thing I can guarantee you is that I will have a good time. You’ll never hear me s= ay “its an open and shut case” because = those cases don’t exist. The only guarantees in a lawsuit are my fees.

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Q.   &n= bsp;    How long will a lawsuit take from start to finish?

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A.   &n= bsp;    Anywhere from one year to ten years.  T= here is no way to estimate the time involved.&n= bsp; The courts are back logged with thousands and thousands of cases.  Once a complaint is filed in Feder= al Court, it takes about 2 years until the trial date.  However, if the outcome is appeale= d by either side, it generally takes another 1 to 2 years for the final outcome.  I’ve actually = had a case in state court go on for 10 years. So the answer is, it depends.

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Q.   &n= bsp;    Can I have a case in State and Federal Court at the same time?

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A.   &n= bsp;    Yes.

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Q.   &n= bsp;    Can you terminate the attorney/client relationship before the case is over?

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A.   &n= bsp;    Yes. I will fire a client if (1) a client lies to me, or (2) I’m not paid.=

Q.   &n= bsp;    I can’t make it to my appointment, can my fr= iends or family members come and talk to you about my case?

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A.   &n= bsp;    No. If you want to discuss your case, you better be here yourself. The reason f= or this is if I told your friends about what you need to do and they don’= ;t relay the message correctly and you screw up a vital part of your case, the= n I can be sued for malpractice, right?

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Q.   &n= bsp;    What is a paralegal and what are they allowed to do? =

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A.   &n= bsp;    A paralegal to an attorney is what a nurse is to a doctor.  They are to assist the attorney in= every aspect of the law office.  The= y are not allowed to give legal advice or tell someone what the law is. Even thou= gh the paralegal may know the answer to your legal question, he/she cannot tell you without the supervising attorney advising him/her on what to say.  They cannot practice law or repres= ent clients in court.  Basically, a paralegal drafts documents, prepares files for trial, files documents with court, performs legal research, interviews potential clients, among many ot= her tasks that are common in office work in general. Overall, all actions of a paralegal must be supervised by an attorney with an attorney’s authorization. 

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Q.   &n= bsp;    Do you make house calls?

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A.   &n= bsp;    No.  My schedule does not allow me to t= ravel all over the state of Tenness= ee.

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