FAQ
Frequently Asked Questions
If you want to find out more about lawyers and how the law works, see the list below for answers to frequently asked questions. The next logical step is to contact us right now.
Is there a magical formula to determine the type of lawyer needed in any case?
Absolutely not. Lawyers come in all variations. They each have different strengths and weaknesses.
What are the three most important factors in determining the type of lawyer needed?
Experience. Experience. Experience. Talent and hard work can make up for a lack of experience, but both are difficult to evaluate when trying to select a lawyer. Lawyers get good by practicing, and not just practicing law, but also practicing a certain type of law in a certain location.
If experience is so important, why shouldn’t I just hire the oldest lawyer?
Just like an NFL quarterback, there is a learning curve. Fortunately, lawyers are given more time to get experienced. Once the lawyer has 7 to 10 years of experience in a certain area of law, there is not a tremendous benefit to waiting another 30 years for the lawyer to get gray. Just ask a successful 65-year-old lawyer; he was probably pretty good in his 30s and 40s.
What are the benefits of a large firm over a small firm?
Not much. Whether you hire a law firm with 600 lawyers or with only two, only one or two lawyers will be working on your case. Before the technology age, large firms probably had some advantage because they could justify buying more books. Now that legal research is computerized, small firms have just as much access to legal resources. Small firms tend to be more personable and less formal. When you talk to a lawyer in a small firm, you are probably talking to one of the decision-makers of the firm instead of one set of ears in a bureaucracy.
Are the most obnoxious lawyers the best?
Some people think so. (Probably the same people who think the most vicious dog is the best pet.) Being comfortable with your lawyer is important and if having a lawyer who is obnoxious makes you happy, hire one. Some other qualities that you might consider are hard working, prepared, diplomatic, and experienced. Lawyers with these qualities toy with obnoxious lawyers.
What are the different forms of payment for a lawyer?
Lawyers are usually compensated in four different ways: (1) a fixed fee for a particular service; (2) an hourly fee; (3) a contingency fee; or (4) a combination of any two or more of these different ways.
What is a typical hourly rate?
Location, experience, and type of case determine the hourly rate of a lawyer. Compare the rates of several lawyers to get an idea of the amount customarily charged. Find out from the lawyer how many hours a day billed compared to the number of hours worked. Very seldom will a lawyer bill for every hour worked. Find out how he determines whether or not to bill an hour worked. Obviously, stay away from a lawyer who bills more hours than worked. Just remember — the cheapest rate is not always to best. You usually get what you pay for and lawyers are no exception. In other words, quality is not cheap.
Why does a lawyer want to be paid a retainer fee?
A retainer fee is the payment made to the lawyer before it is earned. Lawyers normally request retainer fees from clients to ensure payment. (If you cannot pay the retainer fee, chances are you’re not going to be able to pay the lawyer after the work is done.) The retainer fee is kept in the lawyer’s trust account in the name of the client. It is not the lawyer’s money until it is earned, unless another arrangement has been made. If the matter costs less than the retainer fee, the difference is refunded to the client.
How does a contingency fee work?
In some cases, such as injury cases, a lawyer is paid only if the case has resulted in a monetary recovery to you. The lawyer is paid a percentage of the recovery (usually 33-1/3% or 40%). The reason for contingency fees is so that injured people can hire qualified, experienced lawyers even though they cannot afford to pay a lawyer at an hourly rate. Just remember, that the clients may still be responsible for any expenses that may be incurred whether the client wins the case or not.
What if I cannot afford a lawyer?
Talk to a lawyer before deciding whether you can afford a lawyer. You may be surprised. Some cases, like injury cases, do not require any money for lawyer fees at the outset. If you truly cannot afford a lawyer, you may qualify for low-income assistance from your local legal aid or other legal service provider. Contact your local bar association for assistance. If you are in need of a criminal attorney to defend serious charges, the court will appoint you an attorney if you are financially unable to hire one.
When should I be my own lawyer?
In small legal matters, such as in small claims court. But talk to a lawyer before going it alone.
Why not be my own lawyer in large matters?
98% of the people who have considered being their own lawyer would not roof their own house. When asked why, their response is that it is too complicated. Keep in mind that even if you are prepared to give up what you normally do and spend an enormous amount of time learning how to be a lawyer, being both the lawyer and the client is difficult because of the emotions involved. Smart lawyers don’t even represent themselves. Remember the old adage: “A lawyer who represents himself has a fool for a client.”
Why is it okay to be my own lawyer in small matters?
There are several reasons. First, the risk involved will not profoundly affect the rest of your life. If you think it will, it is no longer a small matter and you need a lawyer. Second, the systems for small matters are set up so that people can represent themselves. In fact, sometimes lawyers are not allowed. There are no complicated rules of procedure and evidence, which require a law degree and 5 or more years of experience to understand. Third, it is financially impractical to hire a lawyer in small matters.
I think I have a legal case. What do I do now?
If you think you have a legal case, your first step is finding a lawyer to represent you. You can contact us to discuss your case, call us at 1-888-99-KEMPALI or 404-942-3858, or email us at info (at) kempali.com. A staff member will evaluate your case and get back to you as soon as possible.
How do I know which lawyer to use?
When you’re filing a lawsuit or need a lawyer to represent you, you want to use an attorney who has experience dealing with your type of matter and a proven track record of success. Ask your attorney what kind of experience he has, how long he has been practicing, how much time he spend on cases like yours, and any other questions you may have. It is important that you are comfortable with and confident about your attorney, and you should never be afraid to ask questions.
I don’t see Kemp Ali offices in my state. Can you represent me?
Kemp Ali represents clients in many states, as well as international clients. If we do not have an office near where you live, and you become a client of ours, we will come to you to assist you with all aspects of your matter.
Kemp Ali has taken my case, what now?
The first part of the lawsuit process is called “discovery.” In this phase, the lawyers for the plaintiff (the one bringing the lawsuit) and the lawyers for the defendant (the one fighting the lawsuit) try to discover what evident exists and how this evidence proves or disproves your case.
What do I have to do during discovery?
As your lawyer, we have to get as much information from you as possible to prove your side of the case. The lawyers for each side will supply each other with written questions regarding your business and/or personal information, the names and addresses of witnesses, your side of the case, and any experts each side intends to call to present your case. These questions are called interrogatories. During this time, you may be contacted by your lawyer or paralegal who will ask you for more information on the case. We will use your answers to strengthen your case.
What if I have to give a deposition?
A deposition is testimony given under oath that is recorded for use in court at a later date. During your deposition, the opposing lawyer will ask you questions, one of our lawyers will be present to make sure all questions are appropriate. A certified court reporter will be there to record everyone’s testimony. We will prepare you for your deposition so that you will be familiar with the process and know what to expect, and one of our lawyers will be by your side the entire time to make sure the deposition is fair and proper.
What if my case settles?
Once the discovery process is over, your case will either settle or go to trial. If your case settles, your lawyer and the opposing lawyer will tell the judge and prepare documents to record the settlement. Don’t worry, we will never settle your case without you being well informed, and we will never settle it without your permission.
What if my case goes to trial?
If your case goes to trial, a judge or jury will determine whether you or the other side wins, and if any money will be paid to either party or some other resolution.
What do I have to do if my case goes to trial?
If your case does go to trial, one of our lawyers will be with you every step of the way. First, the lawyers on both sides will review preliminary matters such as what evidence can be used and which witnesses will testify. Once these issues have been decided, a jury will be selected. When the trial begins, both sides give their opening statements to the jury. Witnesses are then called and questioned by lawyers on both sides. The lawyers then give their closing statements, summarizing the case as they see it for the jury. The judge presiding over the case then issues instructions to the jury. The jury then goes into a jury room to deliberate (decide) the case. Once the jury has reached a decision, they return to the courtroom and inform the judge of their decision. The judge then announces the jury’s decision in open court, and that decision becomes the ruling of the court.
If you feel you have a potential legal claim, find out by contacting us today.
