Attorney consults (n/a)

[Matthew]

When an attorney says, "free consultation", just what does that mean? Do they just tell you the pros and cons of the situation or is there actual advice?

No - this time it isn't for me...really.

I was asked for some advice on a small matter, but I'm over my head. It's one of those things that seems pretty simple, but has the potential to escalate. My only recommendation was to check with an attorney. But - the matter is small enough (around $250), that attorney fees will probably outweigh that pretty quickly. Small claims court might be an option - Can small claims court fees be added into the amount you are seeking? $250 might be just an hour or two of flying for us, but for some people it's real money.

 

[John221us]

Unless there is something else besides the $250 involved, small claims is definitely your best bet. We use it now and again for our business, for anything under $5,000 or so. An attorney is not going to solve the problem for you in a consultation. They will just tell you the next step and a good attorney may not even be offering free consultations, often they want a retainer.

 

[Gerhardt]

Yeah, they'll just give you the pros and cons w/o billing you for that time.

 

[Matthew]

Yeah, they'll just give you the pros and cons w/o billing you for that time.

Thanks - that's what I figured. There's no free lunch, and all that.

Unless there is something else besides the $250 involved, small claims is definitely your best bet. We use it now and again for our business, for anything under $5,000 or so. An attorney is not going to solve the problem for you in a consultation. They will just tell you the next step and a good attorney may not even be offering free consultations, often they want a retainer.

I did check with our county for small claims court fees. I think it's about $50 for a claim that's < $500. Can that fee normally be added to the claim ( $250 + $50 )?

 

[flyingron]

Usually, it's a sales tactic. He won't do anything but give you the 30 minutes of phone or personal visit where he'll let you know if he can help you further an how much he's going to charge.

 

[JoseCuervo]

Thanks - that's what I figured. There's no free lunch, and all that.




I did check with our county for small claims court fees. I think it's about $50 for a claim that's < $500. Can that fee normally be added to the claim ( $250 + $50 )?

Yes, most small claims courts will allow you the $250 for damages, the $50 filing fee, and, if needed, the $75 fee (or whatever they charge) to serve the papers on the other party. Usually you can go to the Courthouse and they have a "Small Claims Court for Dummies" pamphlet that walks you thru the process and shows you where to fill in the blanks.



As for the "free consulation", I am not sure you will get past the receptionist when you explain that you have a $250 matter you are considering. They want the "free consultation" to be on issues where the attorney will make revenue. Good stuff like car wrecks, slip and falls, worker's comp, etc....

 

[Henning]

Thanks - that's what I figured. There's no free lunch, and all that.

It's really hit and miss depending on the attorney, what his mood is, and what mood his wife is in. There is no set standard, if the guy just got a BJ, he may be in a good mood.

 

[Matthew]

It's really hit and miss depending on the attorney, what his mood is, and what mood his wife is in. There is no set standard, if the guy just got a BJ, he may be in a good mood.

Well, I hope he's not expecting me to set the mood.

 

[ja_user]

For $250, I don't know if I would file the small claims paperwork. Fees will get put on top of the judgement, but then you have to figure out how to collect. Add up the costs, and the number of trips to the courthouse.

 

[Henning]

Well, I hope he's not expecting me to set the mood.

Backpage.com you can contract it out.

 

[Matthew]

For $250, I don't know if I would file the small claims paperwork. Fees will get put on top of the judgement, but then you have to figure out how to collect. Add up the costs, and the number of trips to the courthouse.

That's what sucks. It's a lot of money to some people, but not enough that it's really worth too much trouble to get back.

 

[Matthew]

Backpage.com you can contract it out.

Sometimes you really scare me.

 

[John221us]

For $250, I don't know if I would file the small claims paperwork. Fees will get put on top of the judgement, but then you have to figure out how to collect. Add up the costs, and the number of trips to the courthouse.

$250 wouldn't be worth the effort for me, but he said it was a lot of money to this person. You end up making the effort to file and then you spend half a day at the court house defending it. It all depends on what your time is worth. Sometimes it about the principle, though and I have stepped up a little just on that (if someone is trying to get away with not paying a legitimate bill for work performed).

 

[comanchepilot]

Usually, it's a sales tactic. He won't do anything but give you the 30 minutes of phone or personal visit where he'll let you know if he can help you further an how much he's going to charge.

Yah, but knowing that you HAVE a case or not is certainly worth free . . .

 

[comanchepilot]

It's really hit and miss depending on the attorney, what his mood is, and what mood his wife is in. There is no set standard, if the guy just got a BJ, he may be in a good mood.

Then its not likely his wife is around to worry about . . .