Where are your offices and how do I get help?
The law offices of Carla Faith Kithcart
and Charles H. Staples are at 144 Business Park Drive,
Ste. 107, in Virginia Beach, Virginia.
From I-64 in
Hampton Roads: go east on I-264 to Exit 15A-Newtown
Road South; go through the intersection, onto Greenwich
Road. Go one-half mile and take
a left on Business Park Drive. Our office is the
third on the right, in the 144 Building.
Your call will most likely be taken by a trained paralegal, who will evaluate
your situation initially, and will consult with the appropriate attorney, for
follow-up.
- Carla Faith Kithcart's office number
is 757.473.5705
Fax 757.473.5755
- Charles
H. Staples' office number is 757.497.2485
Fax 757.473-5755
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How do lawyer's set their fees?
Lawyer's set their fees first from their "overhead" or
their fixed monthly expenses such as rent, office staff
payroll, etc, and compare their rates to other lawyers
with similar experience and expertise in a given area
of the law.
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What is a Retainer?
The word "Retainer" is often incorrectly used,
even by lawyers. A true retainer is a sum of money agreed
on between lawyer and client that binds a lawyer's loyalty
to the client, such that he or she cannot take other
legal work from anyone with an adverse interest to that
client.
Most often, when a lawyer asks for a retainer, it means an "Advance payment
of fees to be earned in the future". This "retainer" should
be put in the lawyer's escrow account, and should be kept separate from the
firm's operating account until earned and the client is billed.
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Do I have a right to an itemized bill?
Yes, in certain types of cases, chiefly where the
Legal Services Agreement (the contract between lawyer
and
client) sets forth an hourly fee for the lawyer's services.
There is no right to an itemized fee generally in cases
where a preset, or flat fee has been agreed to, or
a set percentage (contingency fee) has been agreed
to in writing.
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Can I pay my legal fees by credit card?
Sorry, but none of the lawyers under Faithinthelaw are
set up for credit card payments. There are several
banks and credit unions nearby to handle cash advances,
for payment of legal fees.
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What happens if there is a dispute over the fee or the
bill?
The first thing that happens is that the lawyer and client
talk in a friendly and relaxed manner where the client's
concerns are heard and the lawyer's position is explained.
If the issue cannot be resolved in this fashion, which
is seldom the case, there is a mediation service run
by the Virginia Bar to assist clients and lawyers in
these rare situations.
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What is the difference between "costs" and "fees"?
"
Fees" means legal fees chargeable against a client,
per the Legal Services Agreement. "Costs" are
the expenses of running the case. It includes, but is
not limited to the cost of filing suit, sheriff's service
of process expenses, subpoena costs, court reporter charges,
costs for photographs, exhibits, copies, etc. Another
major difference is that when fees are paid, it is the
lawyer's earned compensation, and is immediately available
for business or personal purposes. Costs are "client
monies," and go into a special trust fund for client
funds, until paid to the third-party such as the court
clerk, sheriff, special process server, or the like.
We never mix costs with fees, or borrow from cost account
to pay office overhead expenses.
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Does the lawyer have to pay my medical bills from the
settlement, or can I pay them on my own, in order to
get a bigger check upon settlement?
In general, any report, treatment, examination or medical
service the lawyers in our practice group initiate to
properly handle your case must be paid directly from
settlement funds by the lawyer to the service provider.
Some other service providers have a lien on your settlement,
by law, and must be paid by the lawyer from your settlement,
before you get your net settlement. You can pay some
medical service providers, whose services we did not
initiate as you see fit, when you decide. Ask your lawyer
any questions you have before your case settles, so there
are no surprises.
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If my lawyer takes my case on a "percentage" does
that percentage apply to recovered medical expenses also,
or only upon the money received for the injury itself?
If your Legal Services Agreement provides for lawyer
compensation based upon a percentage, there is a clause
which states "upon all sums collected by way or
lawsuit or settlement," or similar wording. Because
a lawyer "sells" time,
talent and expertise and the recovery of medical expenses
in a contested case is not automatic, the fee percentage
applies to all sums collected on the client's behalf,
whether the case settles, or goes to trial.
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When the case is over, or if I decide to change attorneys,
do I have a right to obtain the office file on my case?
As a client, you have the right to recover at any time
any documents or records you provided your attorney.
Regarding other documents generated by the lawyer, or
any other party which involves your case, you have the
right to obtain copies, at a reasonable cost, as determined
by your attorney. Your attorney may require that you
pick up these documents, if voluminous, unless you pay
the cost of mailing them. The lawyer is required to keep
a representative file for many years, in the event you
have future questions about the case, or if you lose
case documents. This is for the mutual protection of
the lawyer and the client and is mandated by the Bar.
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Will I be charged by my lawyer for telephone calls and
letters?
Yes. However, you will not be charged for a lawyer's
time on the phone with you, or with others, if you have
a flat fee contract, or a percentage (contingency) fee
contract. You may be charged for long distances phone
charges and postage, at the lawyer's discretion. The
LSA makes these expenses a cost to you, for reimbursement
to the lawyer.
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