| Frequently Asked Questions |
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| Home > FAQs |
Personal Injury & Malpractice |
Q: I'm not sure I can afford a lawyer to represent me. What can I do?
A: All personal injury and professional malpractice claims are handled by our law firm on a contingent fee basis. This means that we take a percentage of your recovery in a personal injury or malpractice case - you pay no fee if there is no recovery. All legal consultations on injury and malpractice cases are entirely free - it costs you nothing to meet with a lawyer who will advise you on the merits of your personal injury or malpractice case. In other words, you really can't afford not to at least consult with a lawyer if you've been injured or been in an accident or believe you are a victim or professional malpractice.
Q: I was in a car accident. It was not my fault. The other driver's insurance company wants to take my statement. What's wrong with that?
A: If you've been involved in an accident or injured in an accident, you should have someone familiar with the law looking out for your best interests and protecting your rights. When the insurance company representative questions you, they do so with the advice of their lawyers. You should make sure you have a personal injury lawyer advising you before you give any information to an insurance company. The lawyers at Fives & Duchene have years of experience working with insurance companies and we can make sure there is someone there for you.
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Real Estate |
Q: Do I really need a lawyer when I sell (or buy) my real estate?
A: Your home is probably the single most valuable asset you will ever buy, own or sell. Real estate documents such as the Agreement of Sale, Settlement Sheet and Mortgage Documents are usually long and complicated. When you sign these legal documents, you are bound by their terms, just like any other contract. Having those real estate documents reviewed by an experienced real estate attorney with your interests in mind prior to your signature and being represented at the closing by that attorney is relatively inexpensive and can save you money and major problems later. Most real estate law matters are handled on an economical flat fee basis.
Q: What are the fees involved?
A: Most real estate transactions - from real estate document review, drafting of agreements, deeds, and leases, to closing attendance can almost always be done for a flat fee- for example most Agreements of Sale or Deeds can be drafted for under to $150.00. Title insurance - for the buyer - is based on the selling price of the house. All of these fees are explained up front, by a real estate attorney prior to any work being performed by this firm so there are no surprises. Please contact us for more information on real estate law by calling or contacting us through our contact form or call us toll-free at 866-745-0200.
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Business & Corporate |
Q: I'm starting a business. What's the best way to set it up - as a corporation, partnership, sole proprietorship, or limited liability company?
A: As you know, there are many choices. The best answer is that you should meet with an experienced attorney who can advise you as to what type of entity is best for your business. For a very small fee, an attorney with business and corporate experience can explain the benefits and drawbacks of each type of business structure. How you establish your business can have significant consequences so you should avail yourself of an attorney's advice before making a decision.
Q: Why can't I just buy a do-it-yourself-kit at a local office supply store and save some money?
A: The fees involved in setting up a business or corporation with the assistance of a lawyer are not as great as people imagine. For a reasonable transaction fee, a business owner can be assured that everything necessary has been done and all required documentation filed. Additionally, by utilizing an experienced attorney to set up your business, your have the opportunity to make sure that attorney has an understanding of the business you are in so he has more opportunities to advise you of considerations of which you may not be aware. |
Criminal Defense/DUI |
Q: I've been charged with a DUI. It's my first arrest and I don't know what to do. Do I really need a lawyer?
A: The cost of hiring a criminal lawyer to represent you in a criminal matter is much less than most people think. The fact that you face a loss of your freedom, the loss of your license to drive, and the threat of a permanent criminal record makes it imperative that you have a competent criminal lawyer advocating on your behalf. Please contact us for more assistance. Protect your rights under the law. Call us toll-free at 866-745-0200.
Q: My son was arrested for underage drinking. Shouldn't he just plead guilty and get it over with?
A: Drunken driving and underage drinking laws have gotten more stringent as society has become less tolerant of this type of behavior. You should always, at least, have a criminal attorney review the circumstances of the arrest and charges filed before determining how to proceed. There may be room to negotiate the criminal charges or there may be alternative forms of rehabilitation of which an attorney will be aware. It may be possible to avoid a criminal record altogether. A criminal record can have an effect on college admittance, scholarships, jobs and other opportunities.
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Bankruptcy |
Q: Do I need a lawyer to file bankruptcy?
A: There is no legal requirement that you be represented by a bankruptcy lawyer in bankruptcy court. However, filing bankruptcy is a step which has serious implications. An attorney experienced in bankruptcy representation can help determine if it is the right course for you, and make sure that you are able to retain the assets that the exemption laws allow and make sure that your rights are protected. Bankruptcy laws were revised in 2005 and are more complicated than the former Bankruptcy Code; a lawyer experienced with the new Bankruptcy Code can help make sure that Bankruptcy is the right decision and will provide you with a fresh start, save your home and give you peace of mind.
Q: I feel terrible that by filing bankruptcy I will be reneging on my debt. Isn't there another way?
A: Prior to filing, you must have an evaluation an approved non-profit consumer credit counseling agency to see if they can work with your creditors or if there is another alternative to a Bankruptcy filing. Sometimes this is impossible due to the amount of debt or other situations beyond your control, such as injury, job loss, divorce, or illness. No one wants to turn their back on their obligations, but sometimes life does not go as we plan. That is why the Bankruptcy Code was enacted - to give people a fresh start. Contact us for assistance. Consultations are free and confidential. Our Bankruptcy lawyers will always treat you with dignity and can help make your decision as stress free as possible. Contact us for more information and for a free list of approved credit counseling agencies.
Q: I have heard there are a lot of debt consolidation companies that can help with debt. Shouldn't I try that first?
A: It is admirable to want to repay your debts, but there are many so-called "non-profit" agencies that prey on folks in financial trouble. You are safer by consulting with an experienced bankruptcy lawyer - at no cost - who can direct you to an agency approved by the U.S. Trustee's office and who can help you understand the effects of filing or not filing for bankruptcy.
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Liquor Licensing: Text to come, please check back soon.
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