Kiernan & Strenk

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•Does Kiernan & Strenk offer representation on a contingent fee basis? 

The firm will represent clients who are plaintiffs in personal injury claims on a contingent fee basis--that is, no attorney’s fee is paid unless and until there is a settlement or judgment obtained.  Contingent fee arrangements are generally not available for other types of cases.

 Under a contingent fee arrangement, the firm's fee, as set by court rule, would be one-third of the net amount recovered up to $500,000.00, with a lesser percentage on a sliding scale for greater recoveries.  The attorney’s fee is computed after reimbursement to the firm of any costs of the litigation which the firm may advance for the client.

 What is involved in a civil lawsuit?

Generally, there are three phases to a lawsuit, the initial phase where pleadings are served and exchanged, the discovery phase and the resolution.  The initial exchange of pleadings serves to generally outline the issues in dispute, such as the assertion that a defendant was negligent in operation of a motor vehicle, or that he did not perform duties required under a contract.  In the discovery phase, the parties seek to determine the facts underlying the general allegations of the pleadings through the service and answering of written questions (called interrogatories), the exchange of documents, the depositions of the parties and witnesses, the medical examinations of claimants and the inspection of places and instruments germane to the controversy.  In many cases, consultation with an expert witness who will testify at trial is necessary.  After the completion of discovery, the matter is resolved, either by way of Court-required arbitration, mediation or trial.  Of course, a settlement may be negotiated at any time.

 

The lawyers at Kiernan & Strenk advise and consult with the client throughout all phases of the litigation, offering their expertise in the drafting of pleadings, preparing the client for discovery and trial, and making arguments on issues of law on the client's behalf to the Court.  Of course, the cooperation of the client is also necessary for a successful resolution of any matter.

•If my matter is not eligible for a contingency arrangement, how is the fee determined?

Except for real estate transactions, which are usually handled on an agreed flat fee basis, the client pays an hourly fee for the services of the Kiernan & Strenk attorney and any expense incidental to the matter as they are incurred.  Expenses may include filing fees, expert witness fees, postage, photocopying, telephone charges and the like.  Detailed time records are kept by the attorneys and the client is provided with bills, which are due upon presentation, on a periodic basis.  The terms of the representation are set out explicitly in an agreement signed when the firm is retained and are explained to the client.

•How can I get more information?

Either call the office at 973-898-9191 or send an e-mail to mail@kiernanstrenk.com and request a consultation.  Of course, no legal advice will be given unless and until the firm and the client agree that the firm will represent the client.

 


 

The information you obtain at this site is not, nor is it intended to be, legal advice.  You should consult an attorney for individual advice regarding your own situation.

 

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