Q: Tell me about your fee structure.

A: The best way to describe our firm’s approach to fee structures is “open.” We do not believe in the one-size-fits-all approach that you see at so many other firms. Sure, sometimes a case screams for a standard hourly rate. But many of our matters are results-based, which we feel more appropriately aligns attorneys with clients, under the right conditions. Many of our cases are a blend of the two – for instance, a reduced hourly rate together with a success fee between 10-25%. We will also work on matters on a flat-fee basis, assuming the scope of work is clearly delineated. When we first meet, we are always happy to have a direct conversation with you about anticipated fees, costs, the likelihood of a successful outcome for your case and the potential recoveries involved.

Q: How would you describe your firm culture?

A: I once read that the best way to determine a firm culture is to examine what the firm rewards and punishes. Using that guidepost, our firm culture is premised on integrity: to our clients, each other and ourselves. What does this mean in practice? Well, it’s a longer conversation (which I’m happy to have), but mainly it means treating our clients honestly and fairly (especially in billing and communication); treating each other with respect and supporting each other unequivocally, even when we make mistakes; and allowing each of us to do whatever he/she needs to express his/her individuality in whatever way he/she wishes. We try to execute on this culture in every aspect of our life at the firm, whether it’s giving all employees a generous parental leave plan and flexibility to work from home, demanding efficient and high-quality legal work or a quarterly team outing (ranging from dominos, to pizza-making, to lunch at Joe’s).

Q: So am I obligated to just hang onto documents relating to work forever? Or can I destroy them eventually?

A: Sorry to be answer like an attorney, but it depends. Generally speaking, unless you work in a highly regulated industry like banking or health care or you have a specific document retention policy at your office, you do not have any obligation to preserve documents, text messages, WhatsApp communications, etc. in the regular course of business. BUT, if you are involved in a business relationship that may end up in some kind of business dispute, the moment you are aware of the potential for such a dispute, we always advise our clients to be diligent about preserving documents. Technically, this duty can arise as soon as litigation becomes likely. Many attorneys will send to both opposing parties and their own clients a letter called a “litigation hold” notice, which requires businesses and individuals to take all necessary steps to preserve documentation in anticipation of litigation. Once you get that letter, you can’t use the excuse of “sorry, our system automatically deletes these documents after a year” anymore.

Q: Can you please explain the attorney-client privilege to me as if I were a kindergartener?

A: Sure thing. When a mommy loves a daddy…I kid, I kid. Generally, there are two core criteria for the appropriate assertion of the attorney-client privilege. First, the communication must concern the rendition of legal advice. Second, the communication cannot be outside the bubble of the attorney and the client. Embedded in these two criteria are a million blurred lines. For example, what if someone inside a company is sharing legal advice to someone else inside the company without copying the attorney (usually privileged)? What if there is a mix of business and legal advice? (The legal advice part is usually privileged.) What if you send the legal advice to your brother-in-law who is also an attorney? (Probably a waiver of the privilege.) Can I copy my attorney on an internal email that deals with a business issue to prevent it from disclosure? (Probably not.) Here is some free (non-privileged) advice: if you’re not sure, pick up the phone and call your attorney!

Q: Do you think that your irreverent hilarity is a turn-off to some clients who want a boring attorney without a sense of humor?

A: There is not a doubt in my mind. But being effective does not mean being uninspired. In fact, we find that the opposite is true. Many of our clients like their attorneys like their music and their food: soulful. As it turns out, so do judges and juries.

Q: What does your engagement process look like?

A: Although each intake process is slightly different, usually it starts with a phone call. During that preliminary call, we learn the basics about the case and ascertain who the various potential parties will be. We then run a “conflict check” at our firm (asking everyone whether there is any problem with us representing you). Once that clears, we set up another call or meeting to do a much deeper dive. Following this second meeting, we are usually in a strong position to propose a fee structure that makes sense for everyone. Following the execution of that engagement, the litigation team works hard at preparing a litigation/trial plan which we use to lay out the strategy of the case through trial. In that litigation plan, we anticipate witnesses, experts, claims and defenses. Usually that litigation plan takes 1-2 weeks to complete, which we then use as an evolving blueprint for the remainder of the case.

FAQs