Frequently Asked Questions
How do I submit my case for consideration?
Do you take cases from all states?
On out of state cases, how is local counsel paid?
Are free consultations provided?
Are pre-representation communications confidential?
What type of cases does Farber take?
How is it decided what the lawyer will do during the representation?
What can I expect from the attorney during the attorney-client relationship?
May the client terminate the attorney-client relationship at any time?
May the attorney terminate the representation?
What is required of the client?
How are charges assessed?
What is Farber’s hourly fee?
Is it desirable to hire a lawyer even if one does not want to file a lawsuit?
Does the Law Officer of Donald J. Farber have professional liability (“malpractice”) insurance?
Does a contingent fee arrangements include costs?
What type of control does the client have in a case?
Q: How do I submit my case for consideration?
A: By Email or telephone. Report the facts you think are relevant, and state the legal relief you desire. Potential clients in the San Rafael area may make an appointment to discuss their situation.
Q: Do you take cases from all states?
A: Yes, I have represented clients from most of the 50 states, and have litigated cases in about 15 states.
Q: On out of state cases, how is local counsel paid?
A: I pay local counsel out of my fee. The client pays nothing extra from that agreed to in our original attorney-client contract. Keep in mind, however, that the client’s responsibility for costs per the contract will be applicable regardless of how they are incurred.
Q: Are free consultations provided?
A: No. Communications exchanged pre-representation, while they could be extensive, do not entail legal advice or legal services of any nature.
Q: Are pre-representation communications confidential?
A. Yes, if the communications is by a person seeking representation on the issue. This “attorney client” privilege applies even though the person never retained the attorney or the attorney turned down the case.
Q: What type of cases does Farber take?
A: Generally, any civil case is considered. A majority of my practice has been in personal injury, particularly involving harm from psychotropic medications and medical malpractice. Military law has also been part of my practice.
Q: How is it decided what the lawyer will do during the representation?
A: The scope of representation is mutually decided at the beginning of the attorney-client relationship. It can range from a full blown lawsuit, and appeal, down to a short consultation where there is no legal opponent. The lawyer’s job is to tailor the specific legal service to the client’s needs.
Q: What can I expect from the attorney during the attorney-client relationship?
A: Good communications and feedback are desired by every client. I keep the client informed on all major developments in the case.
Q: May the client terminate the attorney-client relationship at any time?
A: Yes. If that occurs, the attorney is entitled to recover costs expended and a fair value of whatever recovery may later be forthcoming if the attorney’s earlier efforts contributed to that recovery.
Q: May the attorney terminate the representation?
A: Yes, except that the attorney may not withdraw if do so would prejudice the client’s rights.
Q: What is required of the client?
A: Honesty and responsiveness. The attorney expects the client to do his/her part of the “bargain.” That sometimes entails filling out forms, making evidence available, and attending legal events such as depositions.
Q: How are charges assessed?
A: A “fee” is what the attorney receives for his labors. Depending on the type of case, either a contingent fee, fixed fee, or hourly fee is assessed. A “cost” (or “expense”) is paid for specific expenditures to pursue the case, such as payments for experts, filing fees, postage, travel, etc. For many “contingent fee” cases, in which the attorney normally gets paid for his labors only if settlement or a trial verdict is attained, the “costs” are often absorbed by the attorney until settlement or verdict is achieved, whereupon the attorney will then obtain reimbursement. All terms are outlined in the attorney-client contracts which is executed at the beginning of the attorney-client relationship.
Q: What is Farber’s hourly fee?
A: $500 per hour, on those cases where an hourly fee is applicable. Where an extended time is required, a lower fee may be negotiated.
Q: Is it desirable to hire a lawyer even if one does not want to file a lawsuit?
A: Hiring an attorney need not and usually does not equate to filing a lawsuit. A lawsuit is usually the last resort in settling a civil dispute.
Q: Does the Law Officer of Donald J. Farber have professional liability (“malpractice”) insurance?
Q: Does a contingent fee arrangements include costs?
A: As stated above, it depends on the case. Sometimes costs are absorbed by the attorney, and sometimes costs are chargeable to the client even if no recovery ensues.
Q: What type of control does the client have in a case?
A: The client determines ultimate settlement terms. The attorney is obliged to convey all settlement offers back to the client for a decision. Most litigation details, however, are determined by the attorney. Some clients wish to inject themselves in this process; however I do not allow the client to encroach into the lawyer’s prerogatives of handling the case. Where the decision to sue a particular party is in issue, this will be discussed with the client. If the client rejects suing a party that the attorney deems essential for success in litigation, this is usually grounds for the attorney to withdraw from the case. Such issues should be resolved at the beginning of the attorney-client relationship.
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