Frequently Asked Questions
What is a Consultation?
A consultation is a meeting between you and your prospective attorney. Generally, this meeting is necessary to determine whether the attorney will accept the case. There are exceptions such as: the attorney may have a conflict of interest or does not practice a particular area of law, does not have the time to adequately dedicate to your case given his/her current caseload, or believes another attorney may be better suited to handle your situation and individual case.
Regardless of the outcome of the first meeting, you will receive a letter describing the reasons why or why not the attorney can or cannot accept your case. This letter will describe to you the extent and scope of the attorney-client relationship. If the attorney accepts your case, then your time was well spent and there will likely be subsequent meetings with your attorney to discuss the case further. If the attorney does not accept the case, then our time was not wasted, but rather you will likely have learned more about your particular legal issue and how to seek a solution. You can expect to pay the consultation fee even if the lawyer tells you that you have no case. You are paying for the information and advice you get, and it can be very valuable to hear this early before you spend a lot of time, money, and energy on a case you are not likely to win.
Why is a consultation required?
The vast majority of the wisdom and advice that you will be seeking from an attorney cannot be provided over the telephone. In almost all situations, it will necessary for you to schedule an appointment to meet face to face with the prospective attorney.
Meeting with an attorney does not create any obligation on your part, nor does it mean that you must hire the attorney. In fact, many times it is the attorney who can put you in touch with the individuals that may assist you and/or begin a dialogue that leads to a reconciliation. Nonetheless, it will be necessary for you to make a trip to the prospective attorney’s office.
What does it cost and why?
The consult fee is a reduced rate from the attorney's usual hourly rate of $200.00. The consult is only $100 although it may last a full hour. To secure a consultation appointment, the fee must be paid at least 2 hours prior to the appointment time and may be paid via credit card on this website via the payment tab.
Why do I have to pay a consultation fee?
Consultations are not always free. Sometimes the attorney charges for their time and sometimes the attorney is hired for an outcome. For cases that the attorney charges the client for on an hourly basis, then the attorney requires a consultation fee because the attorney is charging the client for his/her time, not for results. For example, in a divorce, the client is paying for the attorney's time to draft the documents necessary for submission to the Judge to issue a court order divorcing the client from his/her spouse. However, in a personal injury case - the client is paying for an outcome - to win an amount of money. The client is going to pay to the attorney - but on the "back end" with the money at the end of the case (usually a much higher rate than if the attorney billed by the hour) so the attorney doesn't charge upfront.
What to Expect When You Arrive for Your First Meeting:
Provide important identifying information, complete forms, provide your ID, and talk to the attorney. The reality is that attorneys understand that your visit to their office is strictly confidential. Rarely will anyone be kept waiting for more than a few minutes in the lobby, as attorneys try to prevent two clients, especially new clients, from being present in the lobby at the same time, whenever possible.
What to Expect from Your First Meeting:
During your initial consultation with an attorney, expect the attorney to provide you with an overview of what to anticipate. For example, if you’re meeting the attorney about a family law matter, expect the following five issues to be discussed: (1) the divorce process, (2) matters pertaining to any minor children of the marriage, (3) division of your assets and liabilities, (4) support (both child support and spousal support), and (5) the related attorneys’ fees and costs. In order to be able to address these five primary issues for you and provide you with a potential gameplan, it be will necessary for the attorney to make a substantial inquiry into all sorts of matters.
Some of the questions will be name, rank, and serial number types of questions; other questions will pertain to minor children; additional questions will be related to financial matters; and other questions will be of a more personal nature in terms of any precipitating events and “who did what to whom.” Know that when answering these questions the attorney-client privilege is in effect, meaning anything you tell to the attorney will not, and cannot, be repeated to anyone without your permission.
With that understanding, it is imperative that you tell the attorney the truth and provide all of the related details. The quality of the advice you receive will be directly proportional to the candor with which you answer the attorney’s questions.
Types of Questions:
The first series of questions usually pertains to name, address(es), phone numbers, dates of birth, and social security numbers for you and your spouse. The reason this information is needed is so that the attorney can be prepared to file a case, if necessary, on short notice should you call back in two days, two months, or two years. What you do not want to occur is for you to call the attorney back several weeks down the road, if and when you need immediate action, and have the attorney not be in possession of the basic information to proceed with filing papers with a court on your behalf. It is okay to provide address and telephone contact information; no one is going to call you at any telephone number or send you any mail at any address without your express permission.
How will I be kept informed of my case?
We understand the importance of communication and transparency between attorney and client. In order to keep the cost of legal services down while maximizing communications, we will strive to keep you informed when anything important happens and to respond to your questions in a reasonable time. In addition, we will inform you when your presence is required, either in our office or in court.
What do you get for your attorney’s fee?
Simply stated, the attorney's time. You will receive superior service through careful consideration, confident counsel and exceptional knowledge that is both efficient and effective.
What do I do when I have a question?
We are interested in your questions and we want you to ask them. We generally respond to all calls and emails within 24 hours. We even allow you to email the attorney directly. For the most efficient and quickest response please contact one of our legal assistants, as they have a working knowledge of all aspects of your case. If the assistant cannot answer your question, every attempt will be made get the answer for you, or arrange to have your attorney contact you as quickly as possible as we understand your concerns and issues. If you do that, we will always try to get an answer back to you even if your attorney is out of the office when you call.
What will the legal service cost?
To the extent that we can reasonably inform you at your first visit, what your fee will be, we will do so. We encourage a frank, open discussion about our fees with each client at the time of the first interview.
Hourly fee:
On an hourly fee basis, fees are based on an hourly rate for services rendered. A detailed, itemized bill will be given to you showing all work done on your case. This explanation may come monthly or at the end of your case. Unless otherwise agreed, the hourly fee basis will be the presumed fee arrangement.
Flat fee:
On a flat fee basis, your legal fee is a stated sum for agreed upon services. No accounting will be made. We almost never enter into these type of agreements with clients.
Contingency fee:
On a contingency fee basis, your legal fees will be based on the amount of recovery we get for you; no recovery, no fee. You may have the option of choosing this plan in lieu of hourly charges. Not all cases qualify for the contingency basis; we will tell you if yours does. In either case, we will prepare for you an employment agreement setting forth the fee arrangement. Our contingency fee ranges from 33-39%.
Other potential fees:
A pre-payment (also called a deposit or a retainer) will often be required in order to begin to process your matter and you will be kept advised as to how that pre-payment is being used. Bills will be sent to you periodically showing your charges and payments.
We try to keep legal fees as reasonable as possible. The amount of services required, however, is not fully within our control. We discuss with our client options for services and the benefits of services. Sometimes, however, services are directly related to an opposing party’s action or inaction. Please feel free to discuss fees with your lawyer.
What about litigation costs or out-of-pocket expenses?
In addition to legal fees, there are various expenses that must be paid to others in order to prepare your legal matter. For example, payments must be made to obtain necessary reports or copies of necessary documents, to employ court reporters to take depositions, to obtain licenses or permits from governmental authorities, to file suits in courts of law, in addition to other outside entities that are necessary to help your cause. Generally, the amounts of these charges will be in direct proportion to the complexity of the matter involved. The easier your matter is to solve, the less these costs will ordinarily be. At the start of your legal matter, we will try to estimate for you the amount of out-of-pocket expenses which may be incurred on your behalf. We will discuss with you whether or when you will be required to reimburse us for these expenditures which are made on your behalf to further your legal cause.
What do I do if I have a legal question on a different matter than any pending case?
A phone call to our office will direct you to the person who can best answer your question. Remember, no questions as to your rights, duties or obligations should go unanswered because you did not know which lawyer to call. Fees for these different matters will be charged in accordance with our regular practice.
What about special office hours?
All office visits are by appointment only. From time to time you may request that we meet you in the evening if the matter cannot wait. While we do not encourage these “special visits,” we may arrange them where necessary. If we must meet with you in the evening, we must reserve the right to add a surcharge to our regular fee for the appointment. You will be advised, in advance, of the decision concerning the surcharge.
Will the Gregory Law Firm, charge me for an initial consultation? If so, how much?
The Gregory Law Firm charges a $100 consultation fee for all cases besides a personal injury. The fee needs to be paid at the time of the consultation (prior to meeting the lawyer) and may be paid in cash, certified check, or credit card. It's also considered money well spent because you will have an attorney review the case, determine the facts, and give you an opinion and legal analysis.
Do I still have to pay the consultation fee if the attorney tells me I don't have a case?
You can expect to pay the consultation fee even if the lawyer tells you that you have no case. Again, you are paying for the information and advice you get, and it can be very valuable to hear this early, before you spend a lot of time, money, and energy on a case you are not likely to win. If the attorney cannot take your particular case because she believes another attorney would be better qualified, then you will be refunded in full and given a legal directory of attorneys that can help you with that type of case.
How does paying my attorney by the hour work?
The attorney asks for a retainer fee upfront, which represents an advance against expected fees and costs. Depending on what the attorney is retained to do and how much it is expected to cost, the retainer fee maybe a few hundred dollars or it may be much larger, in the thousands.
Suppose my law firm cannot represent me?
We are careful to indicate conflicts of interest right away. But, from time to time, a potential conflict of interest may arise due to our representation of other clients or governmental bodies in the community. When this occurs, we will immediately withdraw from the matter, if it is already underway. You can be assured that at no time will we knowingly take part in a conflict of interest. If a potential conflict arises, we will fully disclose the facts to you, and remove ourselves from the matter and await further instructions concerning the transfer of your file to another attorney. We may even be able to recommend one or find one willing to take over the case.
What about money to be held “in trust” by my attorney?
Certain legal matters require that monies be held “in trust” or “in escrow” for a client for weeks or months at a time. Plainly, this means the lawyer cannot spend the money as he desires but must use the funds only if he earns the fee by working on the client's case. For example, a damage suit settlement may require us to hold the settlement proceeds “in escrow” until the settlement check had been cleared through normal banking procedures. We maintain a separate escrow account, and at no time is money from that account co-mingled with general funds. This is your money held in trust by your attorneys. Separate, detailed records are kept in connection with this account on your behalf. We cannot spend the money as we please and we cannot collect interest as profit on your money.
