FAQ attack!
I wrote a preliminary list of frequently asked questions for our website today. Lawyers: Let me know if I got anything wrong? Non-lawyers: are there any questions you'd frequently ask?
Confidentiality:
Are you a law firm?
No. The "Northwest Law Office" is merely the physical space. Each lawyer who works here is a solo practitioner (a sole proprietor or LLC). This means that we do not share client confidences, liability, or budgets.
However, sometimes we do collaborate on specific cases, if a client wishes to retain more than one of us. We will never do this without your explicit approval.
If you represent me, is there any chance you'll represent someone on the other side of the case later?
No. Once you have sought legal advice from a lawyer, that lawyer owes you a duty of confidentiality, forever. That duty prevents the lawyer from ever representing someone whose interests might be adverse to (against) yours, in the matter of representation, even if the lawyer stops working for you later. All lawyers keep lists of current and former clients, and check them before representing anyone, to prevent such conflicts. (A lawyer may still work against a former client in a matter that is totally unrelated to the subject that they represented that client on, but this is rare and most lawyers do not like to do it.) Lawyers also owe current clients a duty of loyalty as well, which prevents them from representing anyone who's adverse to you on any matter, as long as the lawyer is working for you.
Can I bring someone else to my appointment with you?
You can; however, you should be aware that you have a right to confidentiality. When you talk privately with a lawyer, your conversations are protected by an attorney-client privilege: neither of you can ever be asked to disclose what you talked about. If a third person is present, then that privilege is waived, and, in theory, you could be asked to disclose your conversation. So we advise you to speak to us in private.
If someone else is paying for my lawyer, do I have to tell them about my case?
No. Your conversations with your lawyer, as well as any documents your lawyer sends you or prepares for you, are all confidential, between the lawyer and you. This is true even if someone else is paying the lawyer's bill. If someone else has offered to help you pay your legal fees, that's a great kindness of them, and you owe them thanks - but you do not owe them your secrets, and we will not discuss your case with them unless you specifically tell us to do so.
Beginning and ending representation:
When does an attorney-client relationship begin?
In theory, an attorney-client relationship is formed whenever a lawyer gives you legal advice. No papers need to be signed and no money needs to change hands. This is why we insist that no information on this website is meant to be legal advice, and no attorney-client relationship is formed just by reading this site. However, in general, you retain a lawyer by signing a Retainer Agreement, and the lawyer keeps working for you until the case is over, you fire them, or they withdraw. Good legal practice requires all major decisions to be documented in writing.
Once I hire a lawyer, can I fire them?
Yes. You have the right to choose your own counsel, which includes the right to fire your lawyer at any time. This does not change any payment you already may owe to the lawyer for work already done. Under certain very rare and limited circumstances, a court may require a lawyer to keep representing a client for a short time after they've been asked to withdraw.
Can my lawyer stop working for me?
Yes, under certain circumstances. A lawyer has the right to withdraw from a case as long as doing so will not cause the client "substantial prejudice" (i.e., serious harm). A lawyer may be able to withdraw even if prejudice will result, if the client fails to keep the lawyer apprised of their situation, lies, fails to pay their bill, fails to follow the lawyer's advice, or insists upon breaking the law (ORPC 1.16). A lawyer must withdraw if their client insists upon lying to a court or tribunal (ORPC 3.3).
Going to court:
How should I dress if I'm going to appear in court?
Oregon law requires that all attorneys, when appearing in court, wear "appropriate attire" (UTCR 3.010(2)) - which means, jackets and ties for men, and the equivalent for women. Non-lawyers do not have this requirement, but they must "be dressed so as not to detract from the dignity of the court" (UTCR 3.010(1)). In practice, this means whatever the judge says it means. So we strongly advise you to dress formally. Men should wear jackets and ties; women, the equivalent. Subtle things like formality of dress can easily decide a case.
What kind of security is there at court?
Almost all courthouses today have similar levels of security to airports. You will need to pass through a metal detector, and your bags are subject to search. The courts may prohibit bottles of liquid or other items; any weapons including firearms and knives are all strictly prohibited. You should allow extra time when going to court to pass through security checks.
What else should I know about court etiquette?
Everyone in a courtroom must stand when the judge enters or exits (they usually tell you to sit down again right away). Lawyers also stand when they speak. Non-lawyers should speak only when asked to do so. If you want to say something, tell your lawyer and let them say it for you (except for when you're testifying). You should avoid calling people by their first names in court, except for children.
Above all, do not whine, rant, or interrupt. The courts are full of people who sound angry, entitled, and self-righteous, and judges get sick of it. You will always do better to sound humble. Your lawyer can help you practice how to speak in court.
What if I'm in another state, or unable to attend a court date for some other reason?
Most courts today allow parties to appear telephonically. You provide a number for the clerk to call you, and the judge puts you on speakerphone. You must request permission from the court and/or the other parties to do this 30 days or more before you mean to appear, and if the other parties object, you must show good cause why you cannot appear in person. Witnesses can also appear in this way.
Payment:
How are legal fees paid?
Lawyers will typically accept payment in one of three ways:
1) Flat fees: You pay a certain amount up front, regardless of how long or complex the case may be. Your lawyer then works on the case until it is completed. You may still need to pay other costs, such as court filing fees or discovery costs. Your lawyer is not legally permitted to bear these costs for you (ORPC 1.8(e)).
2) Hourly fees: Your lawyer keeps track of the hours they spend working on your case, and bills you only for time they spend on you alone. When you have an hourly fee arrangement, you will provide the lawyer with a certain amount of money up front, known as a retainer. This money is deposited into a Lawyer's Trust Account on your behalf, and is withdrawn only as it is earned or used on your case.
3) Contingent fees: In cases when you expect to win a money award, you may agree to give your lawyer a percentage of that award, if any. Your lawyer does not collect any payment unless you win. You do not need to pay your lawyer anything initially, though you may still be responsible for the costs of litigation. Contingent fee agreements are not allowed in criminal or domestic relations (family) cases (ORPC 1.5(c)).
What is a Lawyer's Trust Account?
A Lawyer's Trust Account is a special type of bank account, operated by a lawyer on your behalf. Money you have deposited into a trust account is still your money; however, your lawyer has access to it, to pay court costs, their own fees, and other litigation expenses. When a lawyer is working for an hourly fee, once a certain time has passed (typically a month) or when the lawyer has worked a certain amount of time, they send you a bill, and deduct the billed amount from the trust account. When the trust account is empty, if your case is ongoing, you must replenish it; if any money is left in it when the case is ended, it is refunded to you. You may request your unearned money back from trust at any time. Lawyers also use trust accounts to hold money received on your behalf.
Any interest earned on money held in a lawyer's trust account in the State of Oregon is paid to the Oregon Law Foundation, to help provide legal representation to low-income persons.
What forms of payment do you accept?
We accept cash, personal checks, traveler's checks, and money orders. We do not accept credit or debit cards at this time, but we are working on this.
What hourly rate do you charge?
This varies, depending upon the attorney and the type of case. However, many of us are participants in the Oregon State Bar's Modest Means Program. This limits fees to $60 to $100 per hour, depending upon your income, for clients who qualify. You can contact the Oregon State Bar (click here, or call 503-684-3763) to see if you meet the criteria.
How much will my case cost?
Unfortunately, at the onset of a case, it is almost impossible to know this, because we do not know all the facts or what anyone else involved in the case will do. If you want to be sure of what a case will cost, you should request a flat fee. However, these can be unfair if a case ends up being very short or very long.
I can't afford to hire you. Can you represent me for free?
Many of us do take some clients on a pro bono publico ("for the public good") basis. However, even if we agree to work for no pay (which most of us cannot afford to do very much), your case is unlikely to be entirely free, because there are expenses which must be paid that have nothing to do with us: court filing fees, costs for depositions and other discovery, expert witnesses' fees, &c. Some of these can be waived on a showing of financial hardship - but not all of them. Litigation is, unfortunately, an expensive process.
Abstract questions:
What is the difference between a 'lawyer' and an 'attorney'?
There's been a lot of debate about this. Our current understanding is that a lawyer is anyone who's graduated from law school and has a Juris Doctor degree; an attorney is someone who's also passed a Bar examination and been admitted to the practice of law. Most of the time, the terms are used interchangeably.
Does hiring a lawyer guarantee that I'll win my case?
No. (Often both sides in a case have lawyers.) There are never any guarantees. Nor does not hiring a lawyer guarantee that you'll lose. But being represented does improve your chances.
Why did the court not respect my rights?
There could be any number of reasons. But it bears remembering that, while you do have important rights and interests, so do the other parties to your case. The purpose of the court is to mediate between people's conflicting rights and interests.
Will going to court restore my self-esteem or validate my lifelong struggle against a cold and unjust world?
No.
Confidentiality:
Are you a law firm?
No. The "Northwest Law Office" is merely the physical space. Each lawyer who works here is a solo practitioner (a sole proprietor or LLC). This means that we do not share client confidences, liability, or budgets.
However, sometimes we do collaborate on specific cases, if a client wishes to retain more than one of us. We will never do this without your explicit approval.
If you represent me, is there any chance you'll represent someone on the other side of the case later?
No. Once you have sought legal advice from a lawyer, that lawyer owes you a duty of confidentiality, forever. That duty prevents the lawyer from ever representing someone whose interests might be adverse to (against) yours, in the matter of representation, even if the lawyer stops working for you later. All lawyers keep lists of current and former clients, and check them before representing anyone, to prevent such conflicts. (A lawyer may still work against a former client in a matter that is totally unrelated to the subject that they represented that client on, but this is rare and most lawyers do not like to do it.) Lawyers also owe current clients a duty of loyalty as well, which prevents them from representing anyone who's adverse to you on any matter, as long as the lawyer is working for you.
Can I bring someone else to my appointment with you?
You can; however, you should be aware that you have a right to confidentiality. When you talk privately with a lawyer, your conversations are protected by an attorney-client privilege: neither of you can ever be asked to disclose what you talked about. If a third person is present, then that privilege is waived, and, in theory, you could be asked to disclose your conversation. So we advise you to speak to us in private.
If someone else is paying for my lawyer, do I have to tell them about my case?
No. Your conversations with your lawyer, as well as any documents your lawyer sends you or prepares for you, are all confidential, between the lawyer and you. This is true even if someone else is paying the lawyer's bill. If someone else has offered to help you pay your legal fees, that's a great kindness of them, and you owe them thanks - but you do not owe them your secrets, and we will not discuss your case with them unless you specifically tell us to do so.
Beginning and ending representation:
When does an attorney-client relationship begin?
In theory, an attorney-client relationship is formed whenever a lawyer gives you legal advice. No papers need to be signed and no money needs to change hands. This is why we insist that no information on this website is meant to be legal advice, and no attorney-client relationship is formed just by reading this site. However, in general, you retain a lawyer by signing a Retainer Agreement, and the lawyer keeps working for you until the case is over, you fire them, or they withdraw. Good legal practice requires all major decisions to be documented in writing.
Once I hire a lawyer, can I fire them?
Yes. You have the right to choose your own counsel, which includes the right to fire your lawyer at any time. This does not change any payment you already may owe to the lawyer for work already done. Under certain very rare and limited circumstances, a court may require a lawyer to keep representing a client for a short time after they've been asked to withdraw.
Can my lawyer stop working for me?
Yes, under certain circumstances. A lawyer has the right to withdraw from a case as long as doing so will not cause the client "substantial prejudice" (i.e., serious harm). A lawyer may be able to withdraw even if prejudice will result, if the client fails to keep the lawyer apprised of their situation, lies, fails to pay their bill, fails to follow the lawyer's advice, or insists upon breaking the law (ORPC 1.16). A lawyer must withdraw if their client insists upon lying to a court or tribunal (ORPC 3.3).
Going to court:
How should I dress if I'm going to appear in court?
Oregon law requires that all attorneys, when appearing in court, wear "appropriate attire" (UTCR 3.010(2)) - which means, jackets and ties for men, and the equivalent for women. Non-lawyers do not have this requirement, but they must "be dressed so as not to detract from the dignity of the court" (UTCR 3.010(1)). In practice, this means whatever the judge says it means. So we strongly advise you to dress formally. Men should wear jackets and ties; women, the equivalent. Subtle things like formality of dress can easily decide a case.
What kind of security is there at court?
Almost all courthouses today have similar levels of security to airports. You will need to pass through a metal detector, and your bags are subject to search. The courts may prohibit bottles of liquid or other items; any weapons including firearms and knives are all strictly prohibited. You should allow extra time when going to court to pass through security checks.
What else should I know about court etiquette?
Everyone in a courtroom must stand when the judge enters or exits (they usually tell you to sit down again right away). Lawyers also stand when they speak. Non-lawyers should speak only when asked to do so. If you want to say something, tell your lawyer and let them say it for you (except for when you're testifying). You should avoid calling people by their first names in court, except for children.
Above all, do not whine, rant, or interrupt. The courts are full of people who sound angry, entitled, and self-righteous, and judges get sick of it. You will always do better to sound humble. Your lawyer can help you practice how to speak in court.
What if I'm in another state, or unable to attend a court date for some other reason?
Most courts today allow parties to appear telephonically. You provide a number for the clerk to call you, and the judge puts you on speakerphone. You must request permission from the court and/or the other parties to do this 30 days or more before you mean to appear, and if the other parties object, you must show good cause why you cannot appear in person. Witnesses can also appear in this way.
Payment:
How are legal fees paid?
Lawyers will typically accept payment in one of three ways:
1) Flat fees: You pay a certain amount up front, regardless of how long or complex the case may be. Your lawyer then works on the case until it is completed. You may still need to pay other costs, such as court filing fees or discovery costs. Your lawyer is not legally permitted to bear these costs for you (ORPC 1.8(e)).
2) Hourly fees: Your lawyer keeps track of the hours they spend working on your case, and bills you only for time they spend on you alone. When you have an hourly fee arrangement, you will provide the lawyer with a certain amount of money up front, known as a retainer. This money is deposited into a Lawyer's Trust Account on your behalf, and is withdrawn only as it is earned or used on your case.
3) Contingent fees: In cases when you expect to win a money award, you may agree to give your lawyer a percentage of that award, if any. Your lawyer does not collect any payment unless you win. You do not need to pay your lawyer anything initially, though you may still be responsible for the costs of litigation. Contingent fee agreements are not allowed in criminal or domestic relations (family) cases (ORPC 1.5(c)).
What is a Lawyer's Trust Account?
A Lawyer's Trust Account is a special type of bank account, operated by a lawyer on your behalf. Money you have deposited into a trust account is still your money; however, your lawyer has access to it, to pay court costs, their own fees, and other litigation expenses. When a lawyer is working for an hourly fee, once a certain time has passed (typically a month) or when the lawyer has worked a certain amount of time, they send you a bill, and deduct the billed amount from the trust account. When the trust account is empty, if your case is ongoing, you must replenish it; if any money is left in it when the case is ended, it is refunded to you. You may request your unearned money back from trust at any time. Lawyers also use trust accounts to hold money received on your behalf.
Any interest earned on money held in a lawyer's trust account in the State of Oregon is paid to the Oregon Law Foundation, to help provide legal representation to low-income persons.
What forms of payment do you accept?
We accept cash, personal checks, traveler's checks, and money orders. We do not accept credit or debit cards at this time, but we are working on this.
What hourly rate do you charge?
This varies, depending upon the attorney and the type of case. However, many of us are participants in the Oregon State Bar's Modest Means Program. This limits fees to $60 to $100 per hour, depending upon your income, for clients who qualify. You can contact the Oregon State Bar (click here, or call 503-684-3763) to see if you meet the criteria.
How much will my case cost?
Unfortunately, at the onset of a case, it is almost impossible to know this, because we do not know all the facts or what anyone else involved in the case will do. If you want to be sure of what a case will cost, you should request a flat fee. However, these can be unfair if a case ends up being very short or very long.
I can't afford to hire you. Can you represent me for free?
Many of us do take some clients on a pro bono publico ("for the public good") basis. However, even if we agree to work for no pay (which most of us cannot afford to do very much), your case is unlikely to be entirely free, because there are expenses which must be paid that have nothing to do with us: court filing fees, costs for depositions and other discovery, expert witnesses' fees, &c. Some of these can be waived on a showing of financial hardship - but not all of them. Litigation is, unfortunately, an expensive process.
Abstract questions:
What is the difference between a 'lawyer' and an 'attorney'?
There's been a lot of debate about this. Our current understanding is that a lawyer is anyone who's graduated from law school and has a Juris Doctor degree; an attorney is someone who's also passed a Bar examination and been admitted to the practice of law. Most of the time, the terms are used interchangeably.
Does hiring a lawyer guarantee that I'll win my case?
No. (Often both sides in a case have lawyers.) There are never any guarantees. Nor does not hiring a lawyer guarantee that you'll lose. But being represented does improve your chances.
Why did the court not respect my rights?
There could be any number of reasons. But it bears remembering that, while you do have important rights and interests, so do the other parties to your case. The purpose of the court is to mediate between people's conflicting rights and interests.
Will going to court restore my self-esteem or validate my lifelong struggle against a cold and unjust world?
No.