Home / FAQ

FAQ

Q: Do I really need to hire an attorney?

A: Clarence Darrow is widely regarded as one of the most capable and accomplished trial lawyers in our nation’s history.  When he was charged with a crime in California, one of the first things Darrow did was hire a lawyer.  He understood the adage that “a man who represents himself in court has a fool for a client.”  Darrow was acquitted.  While there are exceptions to every rule, most people are likely to find themselves at a disadvantage when they attempt to navigate legal situations without the assistance of legal counsel.  This is especially true with respect to matters involving active litigation (both civil and criminal), but it also applies to a variety of other contexts (such as reviewing or preparing leases and other contracts) where the experience and trained eye of a legal professional can help you avoid mistakes that can result in costly and time-consuming litigation later on.

Q: How long will my case take?

A: There is no “one size fits all” answer to this question.  With respect to matters pending in court, the length of time before any case is resolved (whether at trial, by settlement, or otherwise) will depend on a variety of factors, including:

  • The particular court in which the case is pending.  The Small Claims Division of state court, which handles summary ejectment (i.e., eviction) and other civil disputes in which the amount at stake is $5,000 or less, is designed to resolve cases within a matter of weeks.  More significant matters filed in the Superior Court Division of state court or in federal court may take as long as a year, or more, to reach trial.
  • The parties’ willingness to settle. The vast majority of civil cases filed in North Carolina and across the United States – over 90 percent – are resolved by some means other than a courtroom trial.  Most often, this occurs through a settlement reached by the parties and their attorneys.  How soon – or late – in the litigation process this takes place depends on each side’s willingness to compromise.
  • Appeals.  In those cases that do get resolved by trial or by court rulings, the losing party typically has a right to appeal.  The appeals process – while an important right and a protection against incorrect outcomes – will further delay the ultimate resolution of a contested legal matter.

 

Q: Attorneys’ fees, court costs, and other expenses – how much will this cost?

A: We offer clients a variety of fee arrangements that vary based upon the nature and complexity of the particular matter that we are asked to handle.  Certain types of matters, such as the preparation of estate plans and minor traffic law infractions, are typically handled on a fixed fee basis.  Other kinds of cases, including most civil litigation matters, normally are undertaken based on an hourly fee.  Still other kinds of cases – including but not limited to personal injury matters – may be handled on the basis of a contingent fee arrangement.  Regardless of the particular kind of legal need you may have and the fee arrangement that is most suited to it, we understand that hiring an attorney is an important investment, and we treat it that way.

 

Q: What are “mediation” and “arbitration?”

A: Mediation is an informal and confidential way for people to resolve disputes with the help of a neutral third party – a “mediator” – who is trained to help people discuss their differences. The mediator (who often is an attorney or a retired judge) has no power to decide or rule on the dispute.  Instead, the mediator’s goal is to help the parties themselves find the common ground necessary to reach a settlement.  Most civil actions filed in the Superior Court Division of state court or in federal court in North Carolina are subject to court-ordered mediation, which means that the parties are required to attend, pay for, and participate in good faith in a mediation conference with a mediator and the opposing party (and usually their counsel).

Like mediation, arbitration is not a formal judicial proceeding.  Yet, while the goal of mediation is for the parties to reach common ground, arbitration is similar to a court proceeding in that it involves the hearing and determination of the dispute by a neutral third party called an “arbitrator.”  The arbitrator is selected by the parties to review the case and impose a decision that is legally binding on both sides.  Arbitration is less formal than court proceedings, and it likewise may be more flexible, quicker, and less costly than traditional judicial processes.  In some instances, arbitration is required by law or court rules.  Most often, however, it is the result of the parties’ own choice, usually in the form of a provision in a contract entered into by the parties.  (Many people do not realize that the “fine print” contained in agreements they regularly sign  for a host of goods and services often includes provisions mandating the use arbitration instead of traditional court proceedings to resolve disputes that may arise between the parties.)

 

How do I determine the county average wage or the state average wage?

The county average wage and statewide average wage is calculated by the Department of Economic Development and can be found at www.missourieconomy.org/indicators/countywage.stm. The statewide average wage is listed last on the table.

Where can I get my corporate kit or corporate seal?

Corporate kits may be purchased from a legal stationery store. A corporate kit usually contains a corporate seal, blank stock certificates and forms for the adoption of by-laws and recording the minutes of meetings. Rather than composing their own forms, some may find it easier to use the preprinted forms provided in a corporate kit. Please note that New York State law does not require a corporation to have a seal. Your telephone book’s yellow pages or a yellow pages information operator (your area code + 555-1212) may be helpful in locating a legal stationery store.

Does Missouri require depreciation to be added back?

No. The provision requiring the adding back of bonus depreciation includes property purchased on or after July 1, 2002 but before July 1, 2003, in determining if the bonus depreciation must be used as a Missouri modification. Property purchased before July 1, 2002 and after June 30, 2003, does not qualify for the modification.

What if my Missouri due date falls before the federal due date?

You must file and pay an estimated return by the original Missouri due date and when the federal return is completed, file an amended Missouri return.

How does a foreign corporation apply for authority to conduct business in New York State?

A foreign business corporation may apply for authority to do business in the State of New York by filing an Application for Authority pursuant to Section 1304 of the Business Corporation Law.

How do I obtain a license or permit for my business entity?

Once the business entity is formed or registered with the California Secretary of State it must obtain the necessary licenses and/or permits. The Secretary of State does not issue licenses or permits for business entities. Please refer to the CalGold (California Government: On–Line to Desktops) website for information about business license/permit requirements. CalGold’s online database provides links and contact information to agencies that administer and issue business licenses, permits and registration requirements from all levels of government.

What is a Professional Service Corporation?

One or more professionals may form, or cause to be formed, a professional service corporation (P.C.) for pecuniary profit for the purpose of rendering the professional service or services that the professionals are authorized to practice. A P.C. is formed by filing a Certificate of Incorporation pursuant to Section 1503 of the Business Corporation Law. “Profession,” as defined in Section 1501(b) of the Business Corporation Law, includes the occupations regulated by Title VIII of the Education Law plus any practice as an attorney and counselor-at-law, or as a licensed physician.

How do I form a business corporation?

A business corporation may be formed by filing a Certificate of Incorporation pursuant to Section 402 of the Business Corporation Law. The Department of State has prepared instructions intended for use by first-time domestic incorporation. It includes answers to commonly asked questions, names and addresses of other government agencies that a corporation may need to contact, instructions for completing a Certificate of Incorporation, tax information, and fee information.

What is a business corporation?

A business corporation is a legal entity separate and distinct from the individual(s) who compose the business. It has rights and abilities similar to those of a natural person. Principal features are perpetual duration, limited liability and easy transferability of interests. A corporation may be formed for any lawful business purpose or purposes. The Department of State cannot offer advice about the choice of business formation and strongly recommends consulting with legal and financial advisors before making the decision.

What types of businesses operate in New York State?

Types of businesses that operate in New York State are:

  • Business Corporation
  • Not-for-Profit Corporation
  • Limited Liability Company
  • General Partnership
  • Limited Partnership
  • Sole Proprietorship
Top