During my representation, will I be able to contact timely my lawyer at Howard B. D’Amico, PC?

Communication with your lawyer and a comfort level with your lawyer are absolutely critical to the attorney-client relationship. If you are in litigation, you will have questions and concerns -- some of which may come up after hours. If you are a "transactional" client, you also will have questions and concerns -- and time-sensitive issues to discuss.

Our commitment to you as our valued client will include timely and easy access to and communication with your lawyer. Clients who retain the firm receive a mobile phone number -- providing direct access and communication with the lawyer primarily responsible for the matter.

In a litigation matter, will a fee deposit be required?

Litigation attorneys who know what they are doing and understand the process always require an initial deposit toward attorney fees, and often several deposits thereafter through the life of the case. The deposits, which amount to credit balances, are paid by the client to the firm trust account; with payments made from the trust account after presentation of monthly invoice. If the case or the representation ends and the client has a credit balance on account, that balance is refunded immediately.

There are several reasons for such deposits. First, there is always a flurry of activity at the beginning of a case, requiring substantial time and energy devoted to the matter.

Second, once an attorney appears as attorney "of record", he or she can only withdraw with either client permission or after a "motion" to withdraw made to the Court -- requiring both written papers and a personal appearance at the Courthouse.

Third, the litigation process can be expensive and, to some extent, unpredictable. The cost is in part dictated by the activity or inactivity of the opposing side. For example, an opposing side that conducts a lot of discovery (e.g. depositions, document requests, interrogatories, requests for admission) will force the expenditure of fees that, generally, are impossible to avoid.

For all of these reasons, a minimum deposit, before work begins, is required. Remember that the deposit is an advance toward attorney fees -- not a fixed fee or estimate of total fees. If you have any questions, feel free to ask. We work with our clients to make the necessary fees affordable; including splitting up the time of payment of minimum retainer, payments over time, and on occasion a fixed or capped fee.

Why Should I Worry About Business Litigation?

If you own or manage a business, chances are you either already are confronted with business litigation or will be in the near future. Almost all business people confront litigation or the threat of litigation in the course of their business, whether they are Fortune 500, small or medium size companies, closely-held or family owned businesses, internet start-ups or individual entrepreneurs.

If your business has suffered damage as a result of the conduct of another, then taking legal action may be your only remedy. Often times, securing compensation can mean life or death for a fledgling or well-established business as well as the individuals who own or manage it. Failing to promptly address your legal rights may result in the loss of those rights or, even worse, may cripple or destroy your business.

When you are threatened with litigation, it will probably cost you money to solve the problem, even if you are right. Ignoring the problem won’t make it go away, especially if you have been served with court papers or a notice or demand pursuant to a contract. And, failure to respond in a timely manner may cause you to lose your legal rights.

What should I look for when consulting an attorney?

Some attorneys offer free initial consultations. Howard B. D’Amico, PC offers a free consultation to any individual or business. Don't be afraid to ask the attorney questions and get a cost estimate. Remember that litigation costs fluctuate and are very difficult to estimate. Keep the following questions in mind when selecting an attorney:

• Is the attorney qualified in the field of law you will be litigating?
• Is the attorney an experienced trial lawyer?
• Are you comfortable with the attorney's approach?
• Does he or she consider solutions without resorting to litigation such as mediation or arbitration?
• Does the attorney handle trial and appellate work, or will you have to hire additional counsel for an appeal?
• How is the attorney's fee structured?

We are available to provide a consultation by phone at no charge. Feel free to call and talk with us about your case at (508) 793-1606.