Frequently Asked Questions
The TBD uses a refundable retainer. Clients place funds into a trust account held by the firm on behalf of the client. Any interest that accrues on the account is transferred to the State Bar Fund (according to statute). As attorneys perform tasks for the client, the trust account is reduced according to the actual time spent on the case. When additional funds are needed, the client replenishes the trust account, when the case is over, the remaining funds are returned to the client.
We believe in cost containment. Therefore, the TBD does not use non-refundable retainers or flat fees since both mechanisms involve charging the client irrespective of the work actually put into the project. We bill in increments of .1 (six minutes) to ensure our clients receive full value from the services we perform.
In some instances, where a client prefers not to shoulder the cost of prosecuting a litigation claim, the firm may agree to accept a fee contingent upon recovery. In some cases, we offer contingency fee agreements in plaintiffs’ cases.
Contingency fee agreements can’t be offered for defense litigation causes, criminal cases, or transactional work since there is no recovery anticipated.
Contact us. Strict time limits apply that can seriously affect your rights. Additionally, if insurance coverage or other indemnification is available, you may need to take action to trigger coverage or indemnification.
Litigation can be costly and time consuming. We always suggest considering alternate dispute resolution (ADR) mechanisms as well as early settlement discussions.
Contact us. Statutes place strict time limits on the bringing of lawsuits and claims, in addition to procedural requirements in bringing claims and suits. Exceeding time limits, or ignoring procedural requirements may drastically affect your rights.
Contact us. The range of intellectual property protections is massive. In general, patents protect ideas, copyrights protect expressions, trade secret law protects company secrets that have value, trademarks and servicemarks protect names and identities of products and services. Each of these and other mechanisms require strict compliance with statutory and case law requirements in order to avoid losing I.P. protections.
Additional mechanisms such as the Digital Millenium Copyright Act, Audio Home Recording Act, Anti Cyber-squatting laws, Anti-trust laws, and Unfair Business Practices acts provide both protections and defenses in appropriate cases.
In each instance, an attorney can help you better understand the action you are taking, ensure that your wishes are carried out in the transaction, and make you aware of regulatory requirements or potential pitfalls.
In many cases, an attorney provides the proverbial "ounce of prevention"
Contact us. Criminal charges can involve serious fines, immigration entanglements, life-long penalties, and a deprivation of one’s freedom. Never take a criminal investigation or arrest lightly.
One of the most powerful rights an individual holds is the Fifth Amendment right to remain silent. The right to remain silent may be invoked anywhere, anytime, when someone thinks they may be in jeopardy of any type of criminal action by a governmental entity. For more information, see our RESOURCES section on personal rights.
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