- Do I need an Attorney to represent me for my case?
- What types of fee arrangements are possible?
- What is a retainer?
- If I win my case, does the losing side have to pay my attorneys’ fees?
- What is discovery?
- What is mediation?
- What is arbitration?
- What areas of practice does the Kopp McKichan, LLP cover?
- Where is Kopp McKichan, LLP and what are the hours of business?
Frequently Asked Questions
It is not required that you have an attorney represent you. You have a constitutional right to represent yourself in court, however, self-representation is usually not recommended. The attorneys at Kopp McKichan are experienced and trained in the law and can provide you with an honest assessment of your case and the advantages and disadvantages of representation on that case.
The three most common payment arrangements are the hourly rate, contingency rate and the flat fee. With the hourly rate, the attorney tracks time spent on your case and you are billed monthly. Contingency rate fees are a percentage of the amount recovered in a case; these types of fees are most common in personal injury cases. Under a flat fee, the attorney charges a predetermined amount for a type of case or service. The most common type of fee arrangement is the hourly rate.
A retainer is a down payment on legal fees and costs at the beginning of an attorney’s representation. The retainer deposit is held in the attorney’s trust account and is applied towards future fees and expenses in cases that are billed at an hourly rate. At Kopp McKichan, LLP, retainers are required for all hourly rate cases, however, those retainers are refundable meaning that any amount of the retainer that goes unused will be returned to you after the case is over. Retainers may be paid by cash, check, money order or credit card.
Not usually. In most cases, each party is responsible for payment of their own attorney fees. There are a small amount of cases that do allow for fee shifting where the losing party must pay the winning party’s attorney fees. The attorneys at Kopp McKichan, LLP will be able to discuss with you at the time of the initial consultation as to whether or not there is a possibility of fee shifting in your case.
Discovery generally means the exchange of information between the parties in a case. In Wisconsin, each side upon the request of the other side must disclose relevant evidence to the case. Formal discovery includes interrogatories, request for documents, request for admissions and depositions.
Mediation involves a neutral third party who helps the parties negotiate a settlement. Mediation is not binding and the parties must agree to a resolution. In family law cases, mediation is used to attempt to resolve issues pertaining to custody and placement and is required to be attempted if either of those issues are in dispute.
Arbitration is a legal technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons, by whose decision they agree to be bound. It is a settlement technique in which a third party reviews the case and imposes a decision that is legally binding for both sides.
Our office hours are between 8:00 a.m. and 5:00 p.m., Monday through Friday. The office is closed during the lunch hour from 12:00 p.m. until 1:00 p.m. After hours, messages may be left in our voice-mail system.