The Law Offices of Doug White, P.C., L.L.O.

"Where law ends, there tyranny begins" --William Pitt

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Frequently Asked Questions

Do I Need a Lawyer?

That is difficult to answer as every situation is different.  However, that being said, ask yourself if a situation has arisen in which you could benefit from legal advice.  Some of these situation are buying and selling real estate, being involved in a vehicle accident, being hurt on the job or at someone's business, planning the distribution of your property after death, when your family status has changed (such as through divorce or marriage), or if you have been sued.  These are examples and are not all-inclusive.  In all of these situations, events could lead to the loss of your assets. 

One very important thing to keep in mind is that, if at all possible, you should not wait until you are in legal trouble to contact an attorney.  An attorney should not be your last resort.  First, an attorney can advise you if you even need his or her assistance at this time.  Second, an attorney is most effective when he or she has time to evaluate your situation.  Like most things in life, quick decisions are often not the best decisions.

What will I be charged by your firm?

Your initial consultation is free, unless you have reached us through the Lawyer Referral Service.  The Lawyer Referral Service often mandates an initial consultation fee.  As is the same with nearly every other attorney in the area, what you are charged and how your fee is assessed is based on the type of case you have.  Most accidents, such as slip and falls and automobile accidents, typically charged on a contingency fee basis.  This is also true for most collection cases.  You've heard the adage in some television advertisements "We don't get paid unless you get paid".  That's essentially true of contingency fee cases.  Your fee will be based on a percentage of the amount received through settlement or trial verdict.  If there is no settlement or verdict in your favor, than there is no attorney fee.

For some other cases, an hourly fee is charged.  This would include some general civil litigation cases involving contract enforcement and the like.  Some cases are charged a flat fee.  For example, drawing up a simple will or trust, or representing an estate during the probate process, will often be charged a fixed fee.

There is no harm in asking about the fee.  We will not be offended if the fee is brought up and, in all actuality, no attorney should be offended by questions about fees. 

Can I Handle My Own Legal Matters?

You do have the right to represent yourself in court.  There are even do-it-yourself kits available covering a range of topics from divorce to bankruptcy.  However, you should be prepared to suffer the consequences if a mistake is made.  Often, these mistakes cannot be undone.  Lawyers are trained to find the small errors that can cost you great losses in the future.  These losses can erase any money you may have saved by doing it yourself.

Many people have come through our doors who have tried to represent themselves in a legal matter.  Sometimes we can fix these mistakes.  However, many times we cannot overcome the errors that were made earlier.  It is best to hire someone so these errors are never made in the first place.

This is especially true if a person tries to represent himself or herself in court.  You may insist on representing yourself but don't expect your opponent to play by these rules.  If he or she hires an attorney, and you don't, expect to lose.  You will have to follow the same rules and procedures in court that an attorney must follow and, believe this statement, the attorney knows these rules and procedures much better than you do.  At The Law Offices of Doug White, we have never lost a case to a non-attorney and I'm sure most attorneys will tell you the same.  Even attorneys who are parties to a lawsuit hire another attorney to represent them.

-"He that is his own lawyer has a fool for a client"  --Author unknown.

 

What should I do if I am involved in an automobile accident?

First, stop your car, give aid to the injured, and notify the police or sheriff.

Second, do not admit to being at fault.  Do not apologize in any way for something you did or might have done or failed to do.  If there is any chance that you may be hurt, immediately seek medical attention.  If a medical problem arises some time after the accident, again, immediately seek medical attention.  If you are able, get the relevant information from the other driver(s), including names, addresses, telephone numbers and insurance information.  Get the names, addresses and telephone numbers of any witnesses.  Get the license plate numbers of any vehicles involved in the accident or of vehicles that may contain witnesses.  Document everything.  Remember, as far as insurance companies and the court system are concerned, if it's not on paper or somehow documented, it doesn't exist.

Can An Attorney Represent Me In Small Claims Court?

The short answer is no.  However, if you are sued in small claims court, you can request that the case be removed to County Court and then hire an attorney to represent you.

These are just a few of the most common questions we receive.  If you have any other questions please don't hesitate to contact us.  We'll be happy to answer your questions and talk to you about any legal issues you may have.