General FAQs
1. How much do you charge per hour?
My rates are adjusted annually. I currently charge $250 an hour for litigation in Kentucky, and $300 an hour for litigation in Texas, New York, or any other states.
2. How much is the initial retainer?
The initial retainer varies depending upon the issues presented and the complexity of the case. I do not have a standard initial retainer. Typically, my retainers can be as low as $2,500 or as high as $20,000. I assess each case individually in order to determine what I perceive as a fair retainer for the amount of work required to get started. The initial retainer is not intended and does not always cover all cost associated with the case.
3. How much will the case ultimately cost?
This is one of the most frequently asked questions from clients. Unfortunately, it is impossible to determine the total cost of a case up-front. The total cost of a case is directly correlated to the amount of time spent on the case, the reasonableness of both opposing counsel and the other side, and your willingness to settle or need to litigate your case. Some cases must be litigated because there are legitimate difficult questions that despite everyone's best efforts must be heard before a Court.
4. How long will the case take?
This is another impossible question to answer up-front. If you and the other said are able to act in a reasonable manner the case can be settled quickly. In a divorce case the Commonwealth of Kentucky requires you to be separated from your spouse for 60 days before the Court can divorce you. This does not mean that on the 61st day you will be divorced. However, if you case is settled, an Agreement can be submitted to a Judge and that Judge can review the Agreement once you have been separated for 60 days.
In New York State a case can be submitted to a Judge after 60 days, but most cases take much longer.
In Texas the Courts require a 60 day waiting period before a divorce can be submitted to a Judge.
5. Will you personally handle my case?
Yes, I will handle the majority if not all of your case. However, on occasion Courts will "double book" attorneys and I will utilize one of my associates to assist me with your case. My firm currently has 30 highly qualified attorneys. On occasion I also associate with local counsel in another State in order to lower the cost of litigation.
6. What areas of law do you practice?
The majority of my practice is focused on family law. Additionally, because of my background in uncovering fraud, I have extensive experience in general complex litigation. I have litigated complex issues related to fraud in the healthcare industry, and I have litigated intellectual property issues specifically related to the areas of entertainment, copyright, trademark, and domain name issues.
7. I cannot afford your rates. Will you take my case for free?
I wish that I could help everyone who contacted me at no charge. The reality is that I charge for my services in the same manner as any other professional. If you cannot afford my rates I may be able to recommend someone who charges less, but I cannot take your case for free.
8. Will you "win" my case?
No attorney can guarantee you that he or she will win the case. If anyone makes you a guarantee, I recommend you find a new attorney. However, what I promise is that I will be well prepared for your case, and will present your case with passion and in the best manner possible.
9. What is your record?
It is hard to gauge an attorney's "record' in family law. First, the majority of my cases settle, which I perceive as a good thing. Second, in most divorce cases, the longer the case goes on the more both sides lose. Please review my results section to view actual results from cases.
10. I don't like my current attorney, will you take over my case?
I review other attorney's work on a regular basis. In numerous cases I review another's attorney's work, and inform you that the attorney has done a good job, and sometimes the system just does not work as well as it should. In other cases, I will frankly inform you that your attorney has not done everything that he or she could have done to protect your rights. I often take over cases from other attorneys, but the client must have reasonable expectations.
11. My spouse is very well connected and I am fearful that she will have an advantage, what can be done?
If your spouse knows the Judge and there are grounds to remove theJudge from the case, we would file a motion to "recuse" the Judge from the case. However, in most situations a spouse has simply used his/her influence as a fear tactic in order to scare the other side into settling the case. Typically, a Judge will not care if your spouse is a politician, attorney, physician, local celebrity, or sports figure. I have represented spouses of high profile sports figures, physicians, and local celebrities with a great deal of success.
For more information regarding our practice, contact Louisville Family Law™ attorneys at the Law Office of Louis P. Winner today.
