Frequently Asked Questions
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"Do I have a case?"
This is almost always the first question someone asks when contacting an attorney or law firm. Or, if not the first question they ask, it's certainly the question that's in the back of their mind, that they're building up to ask. But, just like most questions when it comes to the practice of law, the answer is almost always: It depends.
In reality, it's more often the situation that a potential client isn't just inquiring about whether they "have a case", as the justice system is broad and open to everyone: Anyone can file a lawsuit against anyone else, for anything they like. Rather, the real question encompasses four different parts:
Taken all together, this analysis is what we call "case viability." Unfortunately, there's often no simple and easy formula to quickly determine case viability. The practice of law is not a cookie cutter-type endeavor. Instead, the viability of each potential case must be analyzed and evaluated based on a thorough review of the facts and circumstances specific to your given situation.
Thus, it's often that only thing that's very quick and easy to determine is if you in fact do not have a viable case, or one that we cannot potentially assist you with.
If you initially contact Parks Law Offices by phone, we're not initially able to provide you with any legal advice. We can't tell you what you should or shouldn't do, we can't provide a legal opinion on any matter for your to rely on, etc. Rather, we'll greet you, get some preliminary information, then listen to a brief synopsis of the legal issue you're facing to determine if your legal issue falls within our practice areas. If your issue(s) fall within our practice area and thus we could potentially assist you, we then generally direct you back to this website to formally contact us to provide written information and schedule an initial consultation.
In reality, it's more often the situation that a potential client isn't just inquiring about whether they "have a case", as the justice system is broad and open to everyone: Anyone can file a lawsuit against anyone else, for anything they like. Rather, the real question encompasses four different parts:
- How strong is my potential case, and can I win?
- If I win my case, what can I receive?
- Are you able to take my case and represent me?
- How much will representation cost?
Taken all together, this analysis is what we call "case viability." Unfortunately, there's often no simple and easy formula to quickly determine case viability. The practice of law is not a cookie cutter-type endeavor. Instead, the viability of each potential case must be analyzed and evaluated based on a thorough review of the facts and circumstances specific to your given situation.
Thus, it's often that only thing that's very quick and easy to determine is if you in fact do not have a viable case, or one that we cannot potentially assist you with.
If you initially contact Parks Law Offices by phone, we're not initially able to provide you with any legal advice. We can't tell you what you should or shouldn't do, we can't provide a legal opinion on any matter for your to rely on, etc. Rather, we'll greet you, get some preliminary information, then listen to a brief synopsis of the legal issue you're facing to determine if your legal issue falls within our practice areas. If your issue(s) fall within our practice area and thus we could potentially assist you, we then generally direct you back to this website to formally contact us to provide written information and schedule an initial consultation.
"Can you help me for free?"
Unfortunately, the answer may likely be "probably not." But, ultimately, the devil is in the details as to what you may mean by "help" and "free".
We are committed to providing pro bono representation whenever we can. However, we're the first to admit that our ability to provide pro bono representation doesn't even begin to meet the significantly large need of the unrepresented and under-served community throughout the Portland Metro Area.
There are a variety of circumstances when we're able to provide potential clients with a free 30 minute consultation, whether in person or over the phone, to evaluate their case and see if it might be one in which we can provide representation.
Generally, these types of situations are those that fit within all of the following categories:
Specifically, the most common situations in which we are often able to provide a free initial consultation are the following:
We occasionally are able to offer free consultations in areas other than those listed above; on the other hand, there are situations when even if the potential legal issue is one of those listed above, we may not be able to provide you with a free consultation. All told, if you're in want of a consultation, you're encouraged to Contact Us and provide us with information concerning your legal matter.
Just because we may be able to provide you with a free consultation does not mean that we're absolutely able to continue to help you for free and provide ongoing representation. Initial consultations primarily involve case and/or claim evaluation and analysis; they do not typically involve providing you with free advice, nor do they guarantee that we are able to take your case. (Thus, we're often not able to tell you what you "should" or "shouldn't" do.)
Further, even if we are able to take your case and provide you with representation, that doesn't necessarily mean that we're able to do so without your providing some financial funding. Yes, often we are able to take cases on a contingency fee, and yes, if we can take a case on a contingency fee basis then you're not paying us any attorneys fees upfront. However, there often are a variety of other costs and expenses (as opposed to attorneys fees) that must be paid in order to progress your case forward, and rarely do we front these costs on behalf of clients. These types of costs and expenses may include: court costs (filing fees, arbitrator's deposits, etc.), process service costs, document production costs, private investigation costs/fees, discovery costs, postage and mailing, travel expenses, and the like.
Finally, many potential clients often inquire about whether we provide pro bono services. While we attempt to do so as often as possible, the unfortunate reality is that there is a far greater demand for pro bono services than there is availability. Typically, if we are able to provide pro bono services or representation, it's most often to cultural, social, educational, and/or political groups and non-profits who are able to effectively pool resources and provide services to a broader range of people within the community. Rarely are we able to take on litigation matters on behalf of individual litigants on a pro bono basis.
We are committed to providing pro bono representation whenever we can. However, we're the first to admit that our ability to provide pro bono representation doesn't even begin to meet the significantly large need of the unrepresented and under-served community throughout the Portland Metro Area.
There are a variety of circumstances when we're able to provide potential clients with a free 30 minute consultation, whether in person or over the phone, to evaluate their case and see if it might be one in which we can provide representation.
Generally, these types of situations are those that fit within all of the following categories:
- primarily involves a legal subject matter in which we have a particular depth of experience;
- is ripe for commencing representation and proceeding with litigation; and
- concerns significant monetary damages and/or a right to attorneys fees that might provide for a contingency-fee based representation.
Specifically, the most common situations in which we are often able to provide a free initial consultation are the following:
- Tenants having received a Summons and Complaint from a landlord for an eviction (FED).
- Tenants not having received a written accounting and/or a return of their security deposit.
- Portland Tenants not having been timely paid proper Relocation Expenses.
- Employees not timely being paid their proper employment wages.
- Employees facing wrongful termination from unlawful discrimination, whistle blowing, and/or retaliation.
- Victims of sexual harassment in the workplace.
- Veterans denied V.A. benefits.
We occasionally are able to offer free consultations in areas other than those listed above; on the other hand, there are situations when even if the potential legal issue is one of those listed above, we may not be able to provide you with a free consultation. All told, if you're in want of a consultation, you're encouraged to Contact Us and provide us with information concerning your legal matter.
Just because we may be able to provide you with a free consultation does not mean that we're absolutely able to continue to help you for free and provide ongoing representation. Initial consultations primarily involve case and/or claim evaluation and analysis; they do not typically involve providing you with free advice, nor do they guarantee that we are able to take your case. (Thus, we're often not able to tell you what you "should" or "shouldn't" do.)
Further, even if we are able to take your case and provide you with representation, that doesn't necessarily mean that we're able to do so without your providing some financial funding. Yes, often we are able to take cases on a contingency fee, and yes, if we can take a case on a contingency fee basis then you're not paying us any attorneys fees upfront. However, there often are a variety of other costs and expenses (as opposed to attorneys fees) that must be paid in order to progress your case forward, and rarely do we front these costs on behalf of clients. These types of costs and expenses may include: court costs (filing fees, arbitrator's deposits, etc.), process service costs, document production costs, private investigation costs/fees, discovery costs, postage and mailing, travel expenses, and the like.
Finally, many potential clients often inquire about whether we provide pro bono services. While we attempt to do so as often as possible, the unfortunate reality is that there is a far greater demand for pro bono services than there is availability. Typically, if we are able to provide pro bono services or representation, it's most often to cultural, social, educational, and/or political groups and non-profits who are able to effectively pool resources and provide services to a broader range of people within the community. Rarely are we able to take on litigation matters on behalf of individual litigants on a pro bono basis.
MORE FREQUENTLY ASKED QUESTIONS TO COME...
