Where are your offices and how do I get help?
The law offices of Carla Faith Kithcart, Charles H. Staples, and Cassandra F. McLauchlin are located 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
- Cassandra F. McLauchlin's office number is 757.473.5705
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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