A big question on everyone’s mind is how much is this going to cost?  This is a fair question and one that your lawyer should address with you at your initial meeting.  In litigation and similar type of cases you may find that the lawyer is hesitant to discuss the estimated total cost of the case.  This is largely due to the unknown problems that an attorney may encounter in your case that are not foreseeable at the time.  Generally you will be required to pay an advance on costs (retainer) anywhere from $2,000-$5,000 or more.  The amount of the retainer will be varied depending on the type of case and the anticipated amount of work that will be required.  It is also important to realize that the retainer is not an estimate of what the total legal fee will be but is merely a deposit to get work started on the case.  There will likely be additional costs.

     Once an attorney receives a retainer from you, it will be placed in the attorney’s trust account.  All time spent on your case will be billed against this amount and then deducted from the trust account after you have been invoiced for it at the end of the month.  While each case is different it is important that it is communicated that going to court is not an inexpensive process.  It is also important to know that generally you are going to be responsible for your own attorney’s fees even if you prevail at court.  There are exceptions to this general rule, but all parties should plan on paying their own attorney’s fees in the case.  An important exception to this rule in Arizona is found at A.R.S. 12-341.01.  This statute permits the prevailing party in a lawsuit stemming from a contract, written or implied, to recover the attorney’s fees incurred in the matter.  However, for this statute to apply a judgment must be entered in your favor.  Specifically, if you settle the case, even if you get what you want, you will not be entitled to an award of attorney’s fees.

     I often get the question from people that come in for a consultation whether they actually need a lawyer or if it is something they can handle themselves.  This is always a tough question to answer because naturally my occupation makes me biased.  If you are in a situation where you feel it is necessary to bring suit against someone or if you have been served with a lawsuit I would always recommend consulting with an attorney.  You need to understand that if you decide to proceed and represent yourself that the court will hold you to the same standards as they do attorneys.  Specifically it will be assumed that you know the Arizona Rules of Civil Procedure and that you will abide by them.  If you fail to abide by these rules you risk having your case delayed or even dismissed.  It is also important to note that a business entity cannot represent itself in the Superior Court in Arizona.

     An important consideration is how much your case is worth.  Most attorneys bill by the hour with hourly rates in Arizona ranging anywhere from $150 per hour up to $360 per hour.  Further, most attorneys require an advance on costs (retainer) in the range of $2,500-$5,000.  If the most you are seeking in your case is relatively small it may not be cost effective to pursue the matter with an attorney.  The same goes if you are being sued for a relatively small amount.  If the amount being sought is $2,500 or less the case should more often than not be handled in small claims court where attorneys are not allowed.

     In addition to the above, if you are seeking something other than a money judgment (i.e., an injunction, specific performance, etc.) you will need the assitance of counsel.  In short there are a lot of pitfalls in the law where you can really mess up your case if you do not know what you are doing.  If the case is not cost prohibitive, and if you can afford it, I almost always recommend that you use a lawyer.  While many things seem very intuitive, the lawyer has been trained to handle these matters and it will almost always result in a better overall outcome.

     In hopes of better serving my current clients and those who would like a reliable source in obtaining legal information I have decided to start this blog focusing on legal matters.  As I meet with people to discuss their legal issues I get many of the same questions.  While each case is different there are basic questions that I hope to answer with this blog that help people and businesses decide which path is the best to take when deciding whether to pursue a remedy through the court system.

    My main areas of practice consist of commercial/civil litigation, bankruptcy law and family law.  The posts to this blog will be focused on those areas of law.  If you would like additional information about a topic posted on the blog or if you would like a free evaluation of your case, please do not hesitate to contact me at my e-mail address (jskiba@skibalaw.com) or contact my office at (480) 361-5643.  Additional information can be obatained at the firm website, www.skibalaw.com.