The Initial Consultation
August 24, 2010 by: Admin
To schedule your initial consultation, call 856-983-0406. There is no charge for the initial consultation. In cases where you are outside of the geographical area, initial consultations can be done via telephone or Skype with emailing, faxing and/or mailing of documents. However, it is preferred that we meet in person when possible.
What Happens in the Initial Consultation
1. You will fill out a client intake form with information about yourself and your situation.
2. You will discuss the case with me and I will ask questions, take notes, and listen. You will show me documents related to the case if any.
3. I will discuss with you what I think can be done or can’t be done.
4. We will discuss fees, and if you are ready to proceed we will sign two copies of an engagement letter (one for you and one for me).
5. I will collect payment, unless we make other arrangements. Our office does not commence work on a project until some payment is made, but I will hold a file. We take Visa, Mastercard and Discover as well as cash and checks. There is no charge for the initial consultation.
6. We will discuss next steps, and I will photocopy any documents we need to proceed.
The Purpose of the Initial Consultation
In the initial consultation, we discuss your case and it’s background and the lawyer determines if it is a case appropriate for their office, what an appropriate strategy is if so, and what the costs and fee arrangements will be. The initial consultation is also like a job interview for both sides. Can we work together? That’s a question that both you and I have to determine.
Some factors that would lead to my determination that your case is not appropriate for my office:
1. Your case needs to be brought outside of New Jersey. I do not handle cases outside of New Jersey, but I can possibly offer you a referral to attorneys in the area you need to file in.
2. Your case requires specialized expertise that I do not have. For example, bankruptcy is a highly specialized area of law that I do not practice. If you are in need of a bankruptcy attorney, I can possibly refer you to some good ones in the area.
3. Your case lacks merit. This isn’t a personal judgment on the struggles you are having, but in legal terms the idea of merit means that the case can be brought and heard before a court because some law or contract has been violated. If your case lacks legal merit, I will tell you honestly why I think this is so. Some lawyers may try to engage you anyway, and go through the motions just to obtain their fee. You have my commitment that I will not do that. Another possibility is that your case has merit but you cannot obtain the outcome you desire at a price you can afford or would want to afford. I will also tell you if this is the case and let you make your own decision if you wish to pursue it anyway.
4. I have a conflict. Some possible conflicts of interest are that I have already met with or represented the opposing party (even on another type of matter), or that I am conflicted out of a type of representation. For example, because I am on the roster for the Office of the Public Defender for Law Guardian cases representing children, I cannot currently represent parents in abuse and neglect cases.
5. You have not explored your options for free or reduced price legal services and you are an appropriate candidate for them. Although our office does some pro bono work, we do not take pro bono cases except through agencies at this time.
Some factors that might lead to your determination that your case is not appropriate for my office:
1. You can’t afford my services. Most of the work I do is on an hourly basis, although there are some cases that I take on a flat fee basis, such as estate planning. I have determined that in order to provide the best services to the client, an hourly rate allows for clients who have smaller, easier to manage cases not to pay more than they ought to by paying a larger flat fee. I do require a retainer when we begin working together, although I am willing to negotiate the amount and method of payment. My hourly rates are reasonable, and I do as much as I can to keep costs to my clients down. My philosophy is that I treat clients the way I would want to be treated if I were hiring me, and I wouldn’t want to be nickled and dimed! I frequently do not charge for quick calls, emails, texts or other communications (most lawyers will bill a minimum of 6 minutes for every one of those no matter how quick). I do not ever charge for leaving voicemail. Good clients who pay their bills on time often find that I drop an hour here and there as a gift for their patronage. Nevertheless, perhaps you cannot really afford a lawyer at this time. Keep my card, and if that time comes up…I’d be happy to meet with you again.
2. You don’t like what I have to say. This may be because I didn’t say it well, in which case ask me for clarification, or it may be because I don’t have the answer you want to hear. I will be happy to refer you out for a second opinion.
3. You aren’t sure you want to do this. I have on occasion had consultations with people regarding divorce where it seemed they weren’t quite sure they were ready to take that step. I strongly urge you to seek counseling, talk to family members, and think it through. You will get no pressure from me to proceed if you aren’t ready! I hope your situation can be resolved without legal involvement.
