Frequently Asked Questions
| NOTE: This website is not intended to give legal advice, or to substitute for advice given after a meeting with an attorney. The advice given here is general in nature and may not apply to your situation. |
Question: Do you charge for initial consultations?
Answer: Generally not, although we typically charge for initial consultations for cases that we decide to accept.
Question: Should I get an attorney if I have been arrested?
Answer: If you are charged with a crime, including all misdemeanors and felonies, you should always be represented by counsel. If you only receive a citation for a minor traffic offense, however, you may under some circumstances be able to resolve this on your own. However, some agencies, including the New York State Police, refuse to deal directly with individual defendants or to offer any sort of reduction from the original charge.
Question: Can your office represent both sides in a real estate transaction?
Answer: We are ethically prohibited from representing both the buyer and the seller in a real estate transaction, unless both parties consent. Each client is generally required to have his or her own attorney to give independent advice. Even in real estate transactions, conflicts often arise and an attorney representing both parties is unable to give effective advice. When that situation arises, an attorney who attempted to represent both parties has divided loyalties and cannot continue. In any event, the ethical rules governing our profession prohibit us from representing both sides in these types of situations.
Question: Can you represent two people who are contemplating forming a business or a partnership?
Answer: Yes, as long as both parties are informed of their right to independent counsel and are fully aware that their interests may at some point begin to differ.
Question: What about co-defendants in a criminal matter?
Answer: Typically we refuse to represent co-defendants for all of the reasons set forth above. However, with proper waivers and full disclosure, both parties can hire the same attorney (as long as they are willing to equally share responsibility for the underlying charge).
Question: Do I need a will?
Answer: If you die without a will, New York state law stipulates who will handle your estate and how your property will be distributed. Most people would prefer to make their own designation of who will handle their estate and decide what will happen to their property when they die. A will permits you to control these factors.
Question: How much does it cost to draft a simple will?
Answer: Even for a husband and a wife, it is much less than you would perhaps expect. Please call our office for current rate information. We find it interesting that clients who will spend hundreds of dollars on automobile repairs will try to avoid spending what is often a lower amount for appropriate estate planning, health care proxies, etc.
Question: What is a health care proxy and why do I need it?
Answer: A health care proxy under New York law allows a person to designate in advance who will make his or her health care decisions for him if he or she becomes too ill to make those decisions on his own. These are often but not necessarily end of life health care decisions, including the use of artificial nutrition, hydration, or respiration. In the process of designating a health care proxy, an individual can also give specific limitations to the proxy about what kind of care he or she wants.
Question: What happens if there is a disagreement between attorney and client?
Answer: Our retainer agreements always permit either the attorney or the client to terminate the relationship if for some reason either party feels it should not go forward.
Question: What if my case becomes too complicated or difficult for your firm to handle? Can you find another attorney to represent me?
Answer: If we feel that we cannot handle a matter that you discuss with us, or if the matter has become too complicated for the resources that we can bring to bear upon it, we will find someone who specializes in your particular matter and refer you to him or her.
Do you still have questions? Contact Brautigam and Brautigam today.
Bookmark this site