Common Questions

General Civil Matters

Q: I have been sued and am required to appear before the court. What is the timeline for me to respond?

You have until approximately twenty days (the number of days varies) from the date you were served with a citation and petition in which to answer a lawsuit in state court.

Q: Do you have any billing arrangements or fee agreements other than purely hourly or contingency?

Yes. Depending on the circumstances of your case, there are many different ways to structure a fee agreement, including blending a discounted hourly rate with a discounted contingency fee, billing a flat fee, or setting a threshold for hourly billing and then proceeding with a contingency fee. Please call us to discuss different ways that we can structure our fee agreements to suit your situation.

Q: What is a TRO?

A TRO is a temporary restraining order issued by the Court restraining (or in rare cases, mandating) certain activity on the part of the person being enjoined. TRO's are often used in partnership or corporate disputes to prevent one partner or owner from taking actions adverse to another when certain prerequisites under the law are met.

Q: I received a TRO and a citation but was never given the opportunity to appear before the court to tell my side of the story? What are my rights?

You are entitled to file responsive papers with the Court and have your side heard within 14 days from the issuance of the TRO.

Q: What is Mediation?

Mediation is typically a confidential, non-binding alternative dispute resolution proceeding used to resolve conflicts between parties prior to a trial or other legal action. An impartial mediator who is either appointed by the Court or chosen by an agreement of the parties, presides over the mediation and facilitates the communication between the parties in order to attempt to achieve resolution of the dispute.

Q: What happens in a mediation?

Typically, a general session is held where all parties are provided the opportunity to state their position in the dispute. During this general session, the mediator should explain the mediation process, the mediator's role in the process, and the rules of mediation. Then, the participants and/or their attorneys present the issues they are seeking to resolve. Oftentimes, the mediator will ask the parties to go to separate rooms and will begin communicating back and forth between them exploring settlement options and, ultimately, offers. If the parties reach a settlement agreement, the mediator typically asks the parties to reduce the agreement to writing which then becomes a binding settlement agreement.

Q: What is the mediator's role?

Mediators are often experienced attorneys or judges who have received extensive training in mediation techniques. Please remember, the mediator is a neutral party and is not there as an advocate for any party. However, the mediator may provide valuable insight into the litigation process and may also have valuable perspective on assessing the risk/reward of proceeding with the litigation process.


Criminal Matters

Q: What is a "grand jury"?

A grand jury is a group of people called together by the prosecutor to gather information about suspected criminal activity by listening to testimony from witnesses and examining documents and other evidence. The prosecutor acts as legal advisor to the grand jury and directs the flow of witnesses and evidence. At the end of the proceeding, the grand jury decides whether there is enough evidence to put the defendant on trial for the crime.

Q: What is the difference between parole and probation?

Parole and probation are employed in the punishment phase of the criminal justice process. Parole comes into play after a person has been imprisoned and is released subject to supervision by an officer of the court. Probation, by contrast, refers to a criminal sentence separate and distinct from incarceration. Probation is the most frequent sentence imposed for less serious or first offenses and typically involves releasing the convicted offender into the community subject to a list of terms and conditions.

Q: What is "white collar crime"?

White collar crime is a term originally used to describe criminal activity by members of the upper classes in connection with their professions. Today, the most common definition of white collar crime no longer focuses on the social status of the offender but rather on the type of conduct involved: illegal acts using deceit and concealment to obtain money, property, or services, or to secure a business or professional advantage. White collar crimes are usually less violent than other crimes, but their effects can be just as devastating, such as in the recent Enron case.

Q: Are children charged with committing crimes prosecuted in the same manner as adults?

Children are subject to a separate judicial system called the juvenile court system. Generally, the focus of the juvenile court system is more on rehabilitation than on punishment. In some cases, however, older juveniles who commit more serious crimes will be charged as adults and tried in the regular criminal courts. In such cases, their sentence, too, will be more in accord with adult punishment, whereas in juvenile court any incarceration is usually in a more rehabilitative setting and generally ends when the juvenile attains the age of majority.

Q: Do I need a lawyer to represent me even if I am innocent?

Every criminal defendant needs an attorney. Innocent defendants are perhaps in even greater need of zealous representation throughout the criminal process to ensure that their rights are protected and that the truth prevails. Even innocent people end up in jail, so the best way to prevent that miscarriage of justice is to employ the services of a seasoned veteran of criminal defense law.

Q: If I simply intend to plead guilty, why do I need a lawyer?

Even if you are guilty of the crime with which you are charged, it is imperative that you seek the advice of experienced counsel so that you can minimize your sentence and maximize your opportunities to move ahead toward a brighter future. Criminal defense attorneys are needed to equalize the balance of power between the defendant and the prosecution and to ensure that the constitutional rights that are guaranteed to all criminal defendants, whether guilty or not, are preserved.

Q: What should I do if a police officer pulls me over?

Remain as calm as possible, and pull over to the side of the road as quickly and safely as you can. Roll down your window, but stay in the car -- don't get out unless the officer directs you to do so. It's a good idea to turn on the interior light, turn off the engine, put your keys on the dash and place your hands on top of the steering wheel. In short, make yourself visible and do nothing that can be mistaken for a dangerous move. For example, don't reach for a purse or backpack or open the glove box unless you've asked the officer's permission, even if you are just looking for your license and registration card. The officer may think you're reaching for a weapon. When the officer approaches your window, you may want to ask (with all the politeness you can muster) why you were stopped. If you are at all concerned that the person who stopped you is not actually a police officer (for example, if the car that pulled you over is unmarked), you should ask to see the officer's photo identification along with her badge. If you still have doubts, you can ask that the officer call a supervisor to the scene or you can request that you be allowed to follow the officer to a police station.


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