Knowing and Understanding Attorneys Fees and Costs 

Frequently fees are not discussed early enough, candidly enough, or in enough detail even though fees are an important part of the attorney-client relationship. Often, attorneys spend the least amount of time with their clients discussing fees. Why? Generally, because the discussion can be uncomfortable for both the client and the attorney.

What are attorneys fees? 

Simply, attorneys fees is the money paid to the attorney or the law firm for time spent working on a client's case. It is important to remember that attorneys? fees are not the same as costs associated with a case. The best way to think about costs is to assume that a cost is anything we have to write a check for. This might include expert witness fees, medical records fees, copying costs, mail, telephone, runner?s fees, notary fees, etc. Costs are calculated separately and are in addition to fees.

For example, an Attorney A representing Mr. Smith prepares a letter on Mr. Smith's behalf. Attorney A spends a total of two hours writing the letter at an hourly fee of $150.00 per hour. The attorneys' fees for preparing the letter are $300.00. In addition, Attorney A photocopies the 10 page letter 3 times at a cost of $.25 per page. Mr. Smith's costs for Attorney A preparing the letter are $7.50 or 10 pages multiplied by 3 at a cost of $.25 per page. The total expense to Mr. Smith is $307.50.

How are attorney's fees decided?

Most lawyers will ask every client to sign a written agreement (a.k.a. fee agreement, fee contract) that describes how the attorneys' fees will be determined. Depending on the type of case you have, the fee may be calculated on a contingency basis, an hourly basis, a flat fee or some combination thereof.

What is a contingency fee and what will you charge me?

A true contingency fee means that attorneys' fees are not paid until you win your case or your case settles. If there is no recovery, there are no attorneys' fees. If there is a recovery, the attorneys' fees are a percentage of the amount recovered on the case. Please note that costs are different than fees and costs are usually compensated after the total award is reduced by the contingency fee. Contingency fees are usually offered in cases involving accidents, personal injury, wrongful death or a collection case. Some states prohibit attorneys from charging contingency fee in criminal cases, divorces and bankruptcy cases.

 Fees are very difficult to predict and often depend on the facts of the case, the cooperation of the other side, the cooperation of the client, the availability and type of experts required, the speed with which the matter may move through the judicial system, and a number of other factors. The contingent percentage will vary depending upon specifics of your legal matter.

What is a flat fee? 

A flat fee is when the lawyer charges you a specific total fee for your case. Often the total bill is the flat fee plus costs or out-of-pocket expenses. Typical flat fees include $25.00 for a traffic ticket or $300.00 flat fee for representation on a misdemeanor criminal charge like shop-lifting or $150.00 for a divorce. Again, fees are very difficult to predict and must be determined on a case-by-case basis.

How do I avoid "sticker shock" when I talk to an attorney about fees? 

A free lawyer for everyone would be great. Unfortunately, most attorneys have bills to pay like everyone else. While attorneys would love to provide free advice to everyone, you should expect to pay an attorney something for their time and professional service.

To prepare yourself for that initial quote for legal representation, ask yourself the following questions before you meet with an attorney: (1) How much can you afford? (2) Is it a routine matter or does it require special expertise? (3) What is the range of attorney rates for this type of case in your area? (4) How much work can you do on the case? Once you have answered these questions for yourself, you should have a pretty good idea about what you are willing to pay an attorney for legal services. If the attorney is significantly more expensive than you expected, you may be able to negotiate the fee, if the attorney is willing to do so.

What if I find out I cannot afford an attorney? 

If you are concerned that you may not be able to afford an attorney, there are several options available to you. If you met with an attorney you liked and trusted, talk to the attorney to see if they will negotiate their fee. Some attorneys will agree to reduce their fee or allow you to make payments if you cannot afford the attorneys' services up-front.  If you cannot find an attorney, call your state bar and ask if they have a reduced fee attorney-referral service. These services can match attorneys to clients who qualify for reduced fee attorneys. You can also contact your local pro bono project or legal aid center to see if your case qualifies for assistance from these attorneys.

Divorce In Nevada: Top 4 Questions Answered

Divorce is the final termination of a marital union. A divorce cancels the legal duties and responsibilities of marriage between the parties. Divorce laws in the state of Nevada require a court order, also known as a Decree of Divorce, for the divorce to be considered final and the marriage dissolved. If you are considering a divorce you may also need to consider spousal support, child support, child custody and visitation and distribution of division of your marital assets and debts.

 How Do I Get Divorced In Nevada? 

The first thing the Court will consider when you file for divorce in Nevada is your residency in the State. You must have resided in Nevada for at least 6 weeks before you file or the Court will not take jurisdiction over you case because you do not meet the State's residency requirements for divorce. The Court will grant a divorce if you are incompatible in marriage with your spouse. The Court may, in its discretion grant a divorce if, the parties have lived separate, without cohabitation, for over 1 year. Finally, the Court may grant a divorce if one of the parties is insane and the insanity existed for 2 years after the commencement of the action.

A divorce usually begins with one party filing a Complaint for Divorce against the other, or if the parties agree to the divorce, with the parties filing a Joint Petition for Divorce. Depending on whether the parties agree to the divorce, or whether the divorce is contested, there may be additional documents or even a trial before the divorce is finalized. All divorces in Nevada require a Decree of Divorce to be signed by a judge and filed with the court before the divorce is final.

How Long Will It Take?

Unlike most states, there is not a waiting period before you can get a divorce in the state of Nevada. A joint (uncontested) divorce can be finalized in 2-3 weeks, once the petition is filed. However, there are no guarantees about how long the process will take and if the divorce is contested, it could take several months, or even years, to finalize.

Will A Nevada Court Honor My Separation Agreement or Pre-Nuptial Agreement? 

The short answer is yes. Many couples enter into contracts, or written agreements, detailing how matters should be handled if the marriage ends. The agreements can be written before or the marriage or during the marriage. Separation agreements and pre-nups are legally-binding contracts detailing the parties' decisions about ownership and division of property, support and, if children are involved, even issues of custody and parenting time. There may be some circumstances where a Court will not enforce such an agreement. Under these circumstances, you should consult with an attorney to discuss the validity and enforceability of such agreements.

Can I Get Alimony? 

The short answer is it depends. Nevada statutes provide that a judge can order alimony, or spousal support, in an amount that the judge deems reasonable, to either party in Nevada. Alimony is not based upon any alleged fault on the part of either the husband or the wife. Instead the Court will consider the following factors in determining whether either party should receive spousal support: (1) the ages and health of the spouses; (2) the relative earnings and earning capacities of each spouse; (3) the length of the marriage; (4) whether one spouse has been out of work or left the work force for a long period of time; (5) the education of the parties and the time required for the person asking for support to acquire sufficient education or training to find appropriate employment; (6) the assets and liabilities of each party; and (7) the needs, including any special needs, of each party. How much spousal support you receive and over what period of time will depend on the Court's consideration of these factors.

If you or someone you know needs help with a divorce, contact us today at (702) 433-2889. We can help for as little as $25 down.

Auto Accident Tips from a Las Vegas Attorney

Auto accidents are unexpected and stressful. Even the most careful drivers may be involved. We have posted this blog to provide some tips and tricks in the event you are in an auto accident.

 

Why Are There So Many Auto Accidents in Las Vegas?

 

According to a recent report Las Vegas ranked 144 out of 200 cities for driver safety. Las Vegas drivers are 21% more likely to have an accident than the national average and are estimated to have one accident every 8 years. A leading cause of automobile accidents in Las Vegas is driver distraction/inattention. Reasons for driver inattention/distraction include: cell phone usage, eating while driving, passenger distractions and driving with pets in the car. Another leading cause of accidents in the Las Vegas valley is drunk drivers. With over 8,000 arrests for DUI every year, Las Vegas leads the nation for DUI related accidents. Finally, Las Vegas is arranged in square mile blocks with 6 lane streets at square mile intervals. As a result, Las Vegas has gridlocked streets with stoplights posted every mile which  equates to negligent driving resulting in a lot of car accidents. It is easy to see how an accident can happen in Las Vegas. While you may not be able to avoid an accident there are some things you can do if you are in an automobile accident including:

Be prepared

•     Have emergency flares, warning triangles or a set of cones in your trunk to help alert traffic
•     Keep a disposable camera in your car
•     It also helps to have a pen and a card with any relevant medical information for you and your family
•     Keep a list of contact numbers for law enforcement agencies handy
•     Keep an Accident Kit including flashlights, reusable cameras, and accident documentation instructions
•     Know what your insurance covers. Don?t wait until after an accident to find out your insurance will   not cover the cost of repair, towing or not cover the cost of repair, towing or rental cars

 

Immediately after an accident

•     Keep safety first and only exit your vehicle if it is safe to do so
•     Check for injuries; call an ambulance when in doubt
•     Turn on your vehicle's hazard lights and use cones, warning triangles or flares for safety
•     Call the police, even if the accident is minor
•     Take photographs of the accident scene, your vehicle and the if possible, any other vehicles involved in the accident
•     If there were any witnesses to the accident, get their information (name, phone number &  address)

Other important tips

•     Don't sign any document unless it's for the police or your insurance agent
•     Make immediate notes about the accident, including witness information, weather conditions, signal conditions (green light, stop sign, yield, etc.) and any other information you can think of
•     Be polite, but don't tell anyone the accident was your fault, even if you think it was
•     We recommend that you refrain from giving recorded statements without consulting an attorney first
•     If possible, don't leave the accident scene before the police and other drivers do 

Auto accidents are difficult for everyone involved both emotionally and financially. The easiest way to avoid a serious accident is to drive safely. If you happen to have an accident, personal injury attorneys can help.We have over ten (10) years of experience in assisting accident victims and trying personal injury cases. Contact us today at (702) 433-2889. 

Bicycle Safety In Nevada

With the upcoming Labor Day Holiday, the Ironman 70.3 and the RTC ride, as well as cooler weather, you are bound to see more cyclists on the road. Driving around cyclists can be frustrating and confusing. However, it is important to share the road and know the laws to avoid a traffic citation or even an accident.

Nevada law requires that a driver of a motor vehicle shall not (a) Intentionally interfere with the movement of a person lawfully riding a bicycle; or (b) Overtake and pass a person riding a bicycle unless he can do so safely without endangering the person riding the bicycle. NRS 484.324. Likewise, the driver of a motor vehicle must yield the right of way to any person riding a bicycle on the pathway or lane and shall not enter, stop, stand, park or drive within a pathway or lane provided for bicycles except: (a) When entering or exiting an alley or driveway; (b) When operating or parking a disabled vehicle; (c) To avoid conflict with other traffic; (d) In the performance of official duties; (e) In compliance with the directions of a police officer; or (f) In an emergency. Drivers of motor vehicle must also (a) Exercise due care to avoid a collision with a person riding a bicycle; and (b) Give an audible warning with the horn of the vehicle if appropriate and when necessary to avoid such a collision. 


The laws do not just apply to motor vehicle operators but also require that cyclists not (a) Intentionally interfere with the movement of a motor vehicle; or (b) Overtake and pass a motor vehicle unless he can do so safely without endangering himself or the occupants of the motor vehicle.

Whether you are a driver or cyclist, be safe and know the laws. Being aware of your surroundings and sharing the road will help you to avoid tickets and collisions.

School's Back In Session - Tips for Avoiding Accidents & Tickets

As many of you know, it's that time of year again. Children are back in school and school zones are being enforced throughout Clark County. Speeding in a school zone is not only dangerous, but it can be costly. In Clark County, if you are caught speeding in a school zone, your fine could exceed well over $500.00. If you have an accident as a result of speeding in a school zone, your fine could exceed over $800.00. In addition to a ticket, you may also face points against your driving record which can lead to increased insurance rates or even the suspension of your driver's license. The easiest way to avoid an accident or speeding ticket is to slow down, especially when children are present. Obey the traffic safety laws and keep Nevada's children safe.