Frequently Asked Questions
 

It depends. This is not the answer anyone wants to hear, but nevertheless it is the best descriptor for what you can expect with litigation.

Going to Court is an adversarial process, and what occurs therein depends largely on what your opponent decides to do in response to us, and vice versa. For example, if we file a lawsuit and your opponent decides to ignore it, the cost to you will be minimal because the Firm can seek a judgment against your opponent by default without a Court appearance, which is a relatively quick and easy process.

On the other hand, if your opponent is evasive, files numerous paper motions with the Court, acts aggressively throughout discovery, and/or insists upon appearing at trial, this can require substantial attorney time to respond, which proportionately increases the costs to you (but likely also for your opponent if they are using an attorney).

Additionally, some Courts may order the parties to engage in a good-faith mediation before trial, which means the parties will need to pay their attorneys and a mediator for the time spent preparing for and attending a mediation. Though most cases settle before trial, if the case does not settle and an appeal becomes necessary, the time spent preparing or defending the appeal can also become a significant source of attorney fees.

Ultimately, the circumstances of each case are different, and the Firm can give you a better rough estimate of cost after reviewing the facts of your case and discussing the issue with you. You should keep in mind that while a "total" estimate of cost is obviously desirable and important information, the more useful inquiry for you will likely be the estimate of monthly cost to you and whether any of it can be reimbursed by your opponent (or the probate estate) at the end of a case.

In litigation the difference between "expenses" (sometimes referred to as "costs") and "attorney fees" is important when determining what expenditures can be reimbursed.

Expenses are those expenditures that are necessary to effectively litigate that the Firm may advance on your behalf or that you must pay directly. Examples of expenses may include (but are not limited to) such things as court filing costs, process server costs, legal research subscription costs, money paid to expert witnesses, transcription costs, attorney travel costs, etc.

Attorney fees are what you pay the Firm for the time spent working on your case. A relatable comparison is in the construction context: attorney fees are like "labor" charges and expenses are like "material" costs.

Generally speaking, if you are the prevailing party in litigation, there is a very good chance that you will be able to recover most--if not all--of the "expenses" incurred in litigation. The question of whether you can recover your attorney fees is trickier.

In the context of commercial litigation, you are not entitled to recover your attorney fees by default, which is known as the "American Rule" where each party pays their own lawyer. Instead, you must typically prove an exception to the American Rule, which in practice means that there must be an "attorney's fees clause" in the contract at issue. If there is not a contractual term providing that the loser in litigation must pay the winner's attorney's fees, it is not likely that you will be able to recover your attorneys fees from your opponent unless you have sued under a legal statute that specifically calls for the prevailing party to be awarded attorney's fees. It is important to note, however, that if the parties have contractually agreed to override the American Rule or if the applicable legal statute awards attorney's fees, there is a risk that you may need to pay your opponent's attorney's fees if you lose. This issue of who pays attorney fees can be a significant motivation to induce a settlement if one party is clearly establishing a better case during litigation.

In the context of probate litigation, depending on the issues that are raised, a party who is successful in having an issue decided that is beneficial for the estate may apply to have their attorney's fees reimbursed by the estate. Ultimately, it is up to the Court to decide whether your efforts resulted in a benefit to the estate.

In all events, if attorney's fees are awarded, a Court will need to make a specific determination about how much attorney's fees are awarded, which may or may not be all of the fees you have paid.

Unfortunately, the Firm is no longer taking matters on pure contingency (also known as a "no-win, no-fee") basis unless the potential recovery is substantial with a reasonable chance of success. The Firm may be willing to offer a modified contingency arrangement depending on the circumstances. In a modified contingency arrangement the Firm agrees to charge a lesser hourly fee in exchange for a success fee owed only if you prevail in litigation that is based on a percentage of recovery or based on hours worked. If you would like to discuss a contingency or modified contingency, please inquire during your consultation.

In an hourly billing arrangement the Firm's attorneys and staff will record the time they spend working on your case to the nearest tenth of an hour using an electronic stopwatch and describe the tasks performed. These time entries are recorded for each day that work was performed on your case. Each time entry by each attorney or staff member is multiplied by that person's specific billing rate to come up with a charge for the day. At the end of the month all time entries are compiled into an invoice.

Once you engage the Firm, the Firm will invoice you monthly for services rendered in the previous month. The Firm will deduct the amount of the invoice from your retainer. The Firm will then ask you to pay any outstanding amount and/or replenish the retainer. It is expected that you will replenish the retainer promptly upon receipt of an invoice.

A retainer is typically a sum of money you provide to the Firm in advance that is held in the Firm's trust account and is used as security for the payment of invoices. The Firm's standard policy is to require an "evergreen" retainer, which means that you are required to replenish the retainer to its set amount after the payment of each invoice. For example, if your retainer is $3,000, and your invoice for the month is $1,800, the Firm will transfer $1,800 from its trust account to pay your invoice and will request that you deposit $1,800 in the Firm's trust account to replenish the retainer.

Yes! In fact, the Firm is offering a 10% discount for all attorney's fees paid with certain cryptocurrencies. Presently, the Firm is accepting payments in Bitcoin (BTC), XRP, and Cardano (ADA). If you wish to pay with BTC, XRP, ADA, or another cryptocurrency, please inquire so proper arrangements can be made.