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FAQ about our law firm
FREQUENTLY ASKED QUESTIONS
The answers to the questions below are given to provide general information only and not as specific legal advice. If you need legal advice upon which to rely for your specific matter you should contact one of our attorneys directly.
- If I call your office, will I be able to speak to an attorney?
Many times the answer is yes. We pride ourselves on being accessible and strive to have an attorney available to take your call during normal business hours. There are times, however, when an attorney may not be available and you will be routed to a paralegal or legal secretary who will take your name and number so that an attorney can call you back. You should expect to hear back from one of attorneys within 24 hours, usually on the same day of your call.
- Will I be billed if I call one of the attorneys to ask a question?
Not if it is your first call and you are simply exploring whether you need legal help. Our attorneys are available to spend a few minutes talking to you about your matter and determining whether we can help or whether a referral may be in order.
- Do you provide a free consultation?
No. We charge for our consultations at the hourly rate of the attorney with whom you consult for the amount of time you spend with that attorney. If your matter can be handled on a fixed fee, then the initial consultation is included in that fee.
- I have never hired an attorney before, how do I do that?
Hiring an attorney at McFerran, Burns & Stovall, P.S. is a simple process that involves your completing a client information form, signing a contract to hire our firm and making a fee deposit. That contract is called a Professional Fee Agreement and outlines the terms of the fee deposit that will be required for your matter in addition to the other terms and conditions of the representation. When you meet with your attorney that Professional Fee Agreement will be reviewed and negotiated with you.
- How does your firm charge for its services?
One of two ways, generally. We take on many matters on a fixed fee basis. Some matters, especially contested matters such as litigation, require us to charge on an hourly basis at the rate of the person working on your matter. Generally speaking you will be responsible for costs in addition to the fee charged. The fee is the hourly rate or the fixed fee established by the Professional Fee Agreement and costs include, but are not limited to, items such as filing costs, copy costs, Process service costs, publication costs, etc.
- I have limited resources but I need legal help, can you help?
There are several high quality legal service providers available to those with limited financial resources. We can provide information about those when contacted.
- Can you just give or sell me a form so I can handle my matter myself?
No. We are not in the business of selling forms. We recognize that there are a host of form providers out there, but we have faced too many situations where clients have gotten themselves or others into trouble unwittingly because they bought an inexpensive form and discovered later that the costs to address the legal problems caused by the use of such forms far outweighed what the charge would have been had they hired an attorney to deal with the matter initially.
- How much does it cost to sue?
Unfortunately there is no set answer to that question. There will certainly be a financial, emotional and time “cost” to any lawsuit, but the amount of each is unpredictable. Factors that affect the total cost include, but are not limited to the complexity of your matter and the actions of the opposing party in the litigation. Lawsuits can be very expensive, regardless of whether you win or lose and attorneys fees and costs are not always awarded, if at all, in the full amount of the costs you might incur.
- I would like to sell my house, what do I need?
From a legal perspective, you need at least a legally enforceable purchase and sale agreement and certain statutorily required disclosures at a minimum. You may also need to consider the tax consequence of your sale. Our firm can certainly develop those documents with you and provide counseling on the use and completion of them and advice on the tax consequences of the sale. As a practical matter, you might need the help of a real estate agent for such things as help in determining a price, staging the property, marketing and showing the property and other sales services. Should you elect to use a real estate agent, he or she has the ability under their license to provide you with the legally required documentation to pursue your sale. Should you hire an agent, you may also wish to have an attorney, tax and accounting counsel work with you throughout the matter and before signing any documents.
- I would like to sell my business, what do I need?
From a legal perspective, you need at least a legally enforceable purchase and sale agreement. Our firm can certainly develop that document with you and provide counseling on the use and completion of it. In addition we can help in evaluating the host of other issues that come up in a business sale including but not limited to issues involving employees, taxes, service contracts, etc. As a practical matter, you might need the help of a business broker or real estate agent for such things as help in determining a price, staging the property, marketing and showing the property and other sales services. Even if you elect to use a business broker or real estate agent you are encouraged to have your attorney, tax and accounting counsel work with you throughout the matter and definitely before signing anything.
- I loaned some money to a friend who isn’t paying as agreed and now I want to lien their property, can you help me?
Regrettably, we hear this question all too often and have seen too many friendships destroyed over situations such as this. The best time to secure any loan is at the time the loan is made as that is when the borrower is motivated to work with the lender. We likely can help with obtaining some form of relief, but it may or may not include getting a lien on your friend’s property. This is an area where you definitely need to hire an attorney to help you.
- Is it better to do a short sale than go through a foreclosure?
This is a deceptively simple question for which there is not a simple answer. A non-judicial foreclosure has a significant impact on the credit score of the foreclosed party the degree and term of impact are impossible to predict with accuracy but the general consensus among the lenders we have dealt with is that the impact is more severe, in credit score terms, than a short sale. Under Washington law, a non-judicial foreclosure prevents the foreclosing party from seeking a judgment for the difference between what is owed and what the foreclosing party gets at a foreclosure sale. That same relief does not extend to the holder of a junior, foreclosed debt however. Worse, in some cases, there may still be a federal tax consequence to any debt “forgiven”, including any debt forgiveness of non-foreclosing lenders.
A short sale avoids the foreclosure sale by the foreclosing lender and the credit impact is generally believed to not be as severe as that of a foreclosure. A surprise to many short sellers is that the amount of debt still owed after the payment to the lender of the net sale proceeds may still be the liability of the borrower. If that deficiency is forgiven then, in some cases, there may be a federal tax consequence to any “forgiven” debt, including any debt forgiveness of non-foreclosing lenders.
In either instance, you should consult with legal and tax counsel as soon as possible to properly evaluate these and other potential alternatives.
- I have been served with a lawsuit, what do I do?
The first thing you must do is read the paperwork served upon you as it will, if properly prepared, tell you what you need to do next; typically that means you need to answer the lawsuit. Before you answer, you will then to immediately decide whether you will represent yourself (called “pro se” in the legal world) or whether you will want an attorney to represent you. We believe that you should never represent yourself and should hire an attorney to represent you. If you elect to hire an attorney, do so as quickly as possible and tell that attorney at the time you first speak with him or her that you have been served. That attorney should understand the urgency of your matter and arrange to meet with you as soon as possible so that the attorney can answer on your behalf. There are critical timelines that must be adhered to when you are served with a lawsuit. Failing to meet those deadlines can severely damage your case, including the possibility of losing without ever having had a chance to fight it. A pro se answer could result in strategic errors in the handling of your case; if you elect to hire an attorney, that attorney will likely prefer to prepare the answer.
- I am a party to a purchase and sale agreement and now I don’t want to go through with it, can I get it out of it?
Maybe. We have seen some instances where it is possible and others where doing so would have raised the possibility of a lawsuit. Contracts are generally entered into with the intent to bind all the parties to the contract and getting out of the contract is not something to undertake lightly as the other party to the contract, at a minimum has an expectation of performance, and may have an investment of their own performance. That said, sometimes contracts are not drafted as well as they should be and there may be a way to get out of it. This is a determination that can only be made upon a review of the contract and all related documentation and a consultation with the client. We evaluate these matters on a case by case basis.
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