Frequently Asked Questions - Litigation

I understand that litigation can be expensive - how much do you charge?

It is impossible to say what any given matter will cost in attorneys’ fees because each matter is different. For most of our matters, we charge by the hour, although there are some cases for which we will agree to accept a flat fee. The hourly rate differs, depending upon whether a partner, associate or legal assistant renders the services. As required by New York law, prior to working on your case, we will give you a letter of engagement to insure that you fully understand how you will be charged and when you will be billed. We understand that litigation can be costly, and that is why we feel it is important to discuss with our clients in advance of any lawsuit their objectives in engaging an attorney so that we can determine the most cost- effective way to proceed.

In addition to fees for your time, are there any other expenses associated with litigation ?

Yes, there can be. Disbursements can include court filing fees, charges for court reporters or stenographers, and fees for non-attorney expert services, such as appraisers and surveyors. In most cases, unless the disbursement is substantial, we advance such expenses on your behalf and bill you for those expenses at the time that we bill you for our legal fees.

If I win, does the other side have to pay for my legal fees and expenses?

Generally, no. In the absence of an agreement between the parties to a lawsuit, each side must pay for their own attorneys’ fees and expenses, whether they win or lose.

If I hire you, will you tell me what my chances are of winning?

It is impossible for an attorney to put a numerical value on your chances to succeed in any lawsuit and we cannot guarantee results. We can, however, explain the law to you as it applies to the facts of your case, recommend options as to how you can proceed, and help you to determine whether to move forward with your claim.

How long will my case take to resolve?

It is impossible to determine how long a litigation will take to resolve. Some matters can last for years, while other matters can be settled and resolved relatively quickly. The court system, while designed to be fair, is generally slow in rendering decisions. There are, however, special procedures for different types of cases in which you can obtain immediate court intervention if your case meets certain criteria.

What should I do if I am served with legal papers?

You should immediately contact an attorney If you are named as a defendant in a law suit, you must respond within a certain period of time after you are served with any papers. If you do not respond within the required time frame, you could lose the case, even if you did not do anything wrong. If you are a defendant, we can help you avoid a default and protect your interests.

PLEASE NOTE THAT THE ABOVE QUESTIONS AND ANSWERS ARE FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE ADVICE. EVERY SITUATION IS UNIQUE AND IF YOU ARE CONFRONTED WITH AN ELDER LAW ISSUE, WE ENCOURAGE YOU TO MEET WITH US SO THAT WE CAN GIVE YOU ADVICE SPECIFICALLY TAILORED TO YOUR NEEDS.