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Frequently Asked Questions —
What are "civil court cases"? [Top]
In the broadest terms, civil court cases are all court cases that do not involve a
violation of criminal law. When one has been injured, financially or physically, he files
his lawsuit, or "action," in civil court. One can bring any such type of claim
in a civil court, including, for example, claims for injuries stemming from breach of an
agreement, dishonesty, fraud, unlawful acts, defective construction, wrongful termination,
breach of a lease, property damage, etc. A civil case plaintiff may obtain both
compensatory and punitive damages.
Civil court cases are brought in either the Small Claims, Limited, or Unlimited division
of a California Superior Court. Some civil cases can also be brought in federal courts. If
his damages are less than $5,000.00, the injured person may file his lawsuit in Small
Claims Court, in which case he cannot use an attorney. And, costs in Small Claims Court
are much lower than they are in the other divisions of the Superior Court. If the damages
are between $5,000.00 and $25,000.00, the injured person is required to file his action in
the Limited Jurisdiction division of the Superior Court. Cases worth more than $25,000.00
are filed in either the Unlimited Jurisdiction division of the Superior Court or in
federal court.
Does it make sense for me to hire a lawyer? [Top]
If you have a legal problem, or a problem that a court of law would address, one of the
first issues to consider is whether you would benefit by retaining an attorney. The answer
is different in each case, and it depends on a number of factors.
The first issue to consider in determining whether to retain a lawyer is whether you have
a claim, or whether someone else has a claim against you. If you have a claim for money
(whether it's based on a debt, or damages caused by another person for which compensation
would be just) then you should evaluate whether there's a possibility of recovery without
an attorney. Will the debtor voluntarily pay, or does the debtor have to be compelled to
pay by a court or by the threat of litigation hanging over his head? If there is a
potential for recovery without an attorney, then you may ultimately net more money by
resolving the issue on your own, depending on how much you are owed. However, if more than
$5,000 is involved, and you don't think you can get substantially all of the money on your
own, you may wish to contact an attorney to find out how much you could expect to spend in
legal fees. If less than $5,000 is involved, you might try to recover your money in Small
Claims Court instead of contacting an attorney.
Any time that you believe the person who owes you money may "counterclaim"
against you, you should contact an attorney if informal negotiations break down, unless
the amount at issue is certainly below $5,000. A potential counterlcaim for $5,000 turns a
matter in which your claim is $5,000 into a $10,000 matter. When that type of money is
involved, it often makes sense to get an evaluation from an attorney as to your rights and
the strengths of the respective claims.
If someone else has a claim against you, the first issue to evaluate is whether you owe
the money. If you know that you do, you can save attorneys' fees by negotiating a
resolution on your own. However, an attorney might be able to inform you of valid defenses
of which you were previously unaware, even if you believe that you owe the money. For
example, a "statute of limitations" bars the prosecution of claims if not made
within a certain period of time. If a significant amount of money is involved, it usually
makes sense to retain an attorney regardless. Attorneys can often negotiate more favorable
resolutions or a payout over time.
If the claim against you is less than $5,000, you should try to resolve the matter without
an attorney. However, if you are actually sued in any court (whether it's Small Claims or
higher level court), you may want to talk to an attorney about potential defenses. Even a
Small Claims Court judgment will adversely affect your credit rating, so you should
present every defense available to you.
If I retain an attorney to help me collect money someone owes
me, how long should I expect to wait before getting any recovery? [Top]
Most creditors turn to an attorney after their own efforts to recover hit a dead end. In
many cases, a letter from an attorney is enough to shake up an obstinate debtor and cause
him to immediately pay at least part of his debt. If the debtor doesn't pay in response to
the "demand letter," then the only recourse may be to file a legal action, or a
lawsuit. Almost all collection cases are set for trial within a year of filing, and over
95% of cases either settle or otherwise get resolved before trial within that year. If
your case settles, you should expect some payment at that time, unless the debtor has no
money. If the case goes to trial, you can usually expect payment soon after a favorable
verdict if the debtor has insurance. If not, you will have to initiate judgment
enforcement efforts to get some payment, in which case you will get payment sooner or
later depending on the amount of money the judgment debtor has.
I've been named as a defendant in a lawsuit. What happens
if a judgment is entered against me? [Top]
A plaintiff can get a judgment either by default (if, for example, you fail to respond to
the Complaint within the requisite time period), stipulation (your agreement), or trial
decision. The "judgment" itself is no more than a judge's decision on a piece of
paper, but it can have serious negative consequences. First, the person who obtained the
judgment against you has the right to use the judicial system to compel you, the judgment
debtor, to give up money or property to satisfy the judgment. Although there are
significant protections for judgment debtors, the process is uncomfortable, to say the
least. Further, even a small judgment negatively affects your credit. And, a judgment will
often stay on your credit record for up to seven years. Although you can always get a
judgment removed by filing a bankruptcy proceeding, in general, you should do everything
within your financial means to avoid entry of a judgment against you.
What is "lawyer-client confidence," or the
"attorney-client privilege?" [Top]
Simply stated, an attorney cannot ethically divulge any information or communication made
to him in confidence. The rationale for this rule, called the "attorney-client
privilege," is that clients or prospective clients will likely be more open in their
communications with attorneys if they know that the attorney will not divulge potentially
harmful information.
How much does it cost to hire an attorney? [Top]
Experienced attorneys in the San Francisco Bay Area generally charge anywhere from $130 an
hour up to even $600 an hour. The attorneys at Redenbacher & Brown, LLP,
may charge anywhere from $150 an hour up to $250 an hour. However, the fee might be reduced in some cases if the
attorney is willing to take the case on a full or part contingency basis. Attorneys will
often take personal injury, collection, or wrongful termination cases on a contingency
basis. The firm's partners will frequently provide an initial free consultation, at which
they will discuss fees. Each partner also does reduced fee work for specific clients,
depending on the situation.
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