FAQ
- How much does a lawyer cost?
- What about phone calls?
- How much experience does Kurt have in the practice of law?
- What is an associate?
- What is a legal assistant?
- What is a deposition?
- How do you measure damages in a personal injury case?
- What is a guardian?
- What is mediation?
- What is arbitration?
- What is a preliminary hearing?
- What is collaborative law practice?
- How do you determine child support?
- When may a child determine with whom which parent he/she will reside?
- Does Oklahoma recognize common law marriages?
1. How much does a lawyer cost?
We do not charge for initial office consultations. There are three kinds of attorney fee agreements: Contingent fees, fixed flat fees and, an hourly rate. Contingent fees are used primarily in personal injury cases. Fixed flat fees are used in criminal and specific one time matters. Hourly rate cases are usually general civil and divorce matters.
No one has attorney fees in their monthly budget. We try to work with our clients to fashion a payment schedule they can afford and we can operate the office with on a monthly basis. For your convenience, we accept Visa and Master Charge credit cards.
We try to return phone calls within 24 hours of receiving your call. Many times when the attorney is in trial or otherwise unavailable we will have the office staff return the phone call and try to assist you with the inquiry. Kurt keeps a published home telephone number in case of emergencies. If it is an emergency to you, then it's an emergency to us!
3. How much experience do most have in the practice of law?
Most lawyerscan practice in all state, federal and municipal courts in Oklahoma andwill have represented clients in in many areas. Tulsa ttorneys should have tried multiple jury trials consisting of civil and criminal matters as well as non jury trials.
A licensed attorney engaged in the practice of law with another attorney or firm who is not a partner or member of the firm.
A person who is not an attorney but have significant education, training and experience to assist a licensed attorney with the care and management of a legal representation. They cannot give legal advice.
A statement under oath before a person who is authorized to administer oaths, usually in a civil case, which is considered testimony and can be later used at trial. Such testimony is subject to cross-examination during the deposition by opposing counsel.
7. How do you measure damages in a personal injury case?
Oklahoma law provides that the following may be taken into consideration by a judge or jury in determining the damages which may be awarded to an injured adult. They are:
a. his/her physical pain and suffering, past and future;
b. his/her mental pain and suffering, past and future;
c. his/her age.
d. his/her physical condition immediately before and after the accident;
e. the nature and extent of his/her injuries;
f. whether the injuries are permanent;
g. the physical impairment;
h. the disfigurement;
i. loss of earnings/time;
j. impairment of earning capacity;
k. the reasonable expenses of the necessary medical care, treatment, and services, past and future.
There are additional damages which may be available depending on the nature of the cause of action or lawsuit. In Oklahoma, a parent can receive damages for the loss of love and affection from an adult child.
8. What is a preliminary hearing?
In a criminal case it is a hearing where the government has to prove three things before a special district judge. They are:
a. elements of the crime;
b. jurisdiction;
c. probable or reasonable cause to believe that the defendant committed the offense.
The preliminary hearing is not a trial and you do not automatically have the right to present evidence. You do have the right to have legal counsel at the hearing and the counsel may cross-examine the witnesses. If the judge finds that the above elements are present you will be sent to appear before an elected judge for trial. If the judge finds that the elements are not met, the case is dismissed.
9. What is a guardian?
A person to whom the law has intrusted the custody and control of the person, or estate, or both, of a minor or incapacitated person. The subject of the guardianship is called the "ward" whom the law regards as incapable of managing his/her own affairs.
The informal settlement of disputes between parties through the use of a trained, independent third-party.
A formal method of settling disputes between parties through the use of a trained, neutral and detached arbitrator who acts as a private, independent judge. The end result is almost always binding between the parties.
12. How do you determine child support?
Under present Oklahoma law, 43 O. S. § 118, child support is determined from child support guidelines and is based on the percentage of the combined gross income of both parents.
Then the trial court will use the child support guideline schedule as found in § 119, to determine the amount of child support each parent would be responsible on a monthly basis. Thereafter the court would make the award of child support based upon the amount of time each parent has the physical custody of the child/children.
13. What is collaborative law practice?
Collaborative Practice is a way for spouses to resolve their divorce respectfully, without going to court. The Collaborative Law model was developed in Minnesota in the 1980s. Each client has the support, protection and guidance of his or her own lawyer. While Collaborative lawyers are always a part of the process, sometimes child specialists, financial specialists and divorce coaches become involved as part of the clients' team. Clients choose professionals as needed and benefit from their expertise and support throughout the process.
Collaborative Practice is distinguished from traditional litigation by these core elements:
a. Professionals are hired to negotiate a mutually acceptable settlement without using court to decide any issues
b. The professionals must withdraw if either client goes to court
c. Clients and professionals engage in open communication and information sharing, and
d. Everyone creates shared solutions that take into account the highest priorities of both spouses
14. When may a child determine with whom which parent he/she will reside?
The short answer is never. The courts are never willing to empower a child to make such an important decision. That issue will always be left to the discretion of the judge. However, Oklahoma law does allow a child, more than 12 years of age, to state a preference as to custody, limits or periods of visitation. The final decision rests with the judge who must make their determination on what is in the best interest of the child.
15. Does Oklahoma recognize common law marriages?
Yes.