A.
First
and foremost if you are in litigation, your attorney should be experienced
in
court. To properly analyze and handle your case, a lawyer needs to draw upon results from other cases. Your lawyer should be able to communicate effectively to juries, to judges and with other counsel. He or she should also be able to guide you through the various procedural steps in any lawsuit or criminal charge.
Second,
your attorney should be an effective listener. An attorney’s primary job
is
to ascertain your legal concerns and to develop an effective course of action to maximize the likelihood of a favorable outcome.
Mr.
Baber has more than fifteen years of trial experience
in
civil and criminal cases in Maine. That experience enables me to predict a probable outcome in your case with a range of possible damage awards. I use these predictions to assess your case and to develop a settlement and trial strategy to achieve a result that is consistent with your goals.
I
have both handled numerous cases for insurance companies. This background
provides
me with important insight into how an insurance company approaches your
case and some of the techniques that may be used to pay you less than
the full value of your claim.
I
also utilize the most modern forms of alternative dispute resolution
approaches to minimize expenses and to expedite the resolution of your case.
A.
Alternative
dispute resolution or “ADR” are nonjudicial methods for case
resolution.
These methods include mediation and arbitration. Mediation is a nonbonding
settlement conference facilitated by a neutral third party, often another
attorney, who develops the interests of the parties and pursues negotiations
consistent with those interests. Arbitration is usually a binding process
in which a neutral third party is hired as a “judge” and who will reach
a decision that is as enforceable as a court decision or jury verdict.
I
believe that ADR methods are an important adjunct to the judicial process.
As
trial
attorneys, Iam always ready to take the case to trial. I find, however,
that our clients can benefit greatly by these less expensive and less
time consuming alternatives. Decisions can be reached within months, as
opposed to years in the judicial system, and at a fraction of the cost.
ADR also gives our clients an opportunity to air their grievances while
avoiding the emotional turmoil associated with a trial.
Discovery
consists of several court-authorized methods by which one party may
obtain
information from another party in a civil suit. These methods include
interrogatories (written questions answered by the other party), document
requests, depositions (live question and answer sessions), requests for
admissions and independent medical examinations. Each side to a lawsuit
may use one or more of these methods to obtain information from the other
side.
Discovery
is time consuming and expensive. Courts typically allow six to nine
months
of discovery after a case is filed before the case is eligible for placement
on a trial list. I perform only the discovery that is essential to our
client’s case. I will discuss with you a discovery plan and provide you
with estimates of the associated expenses. When the other side seeks discovery
from you, I will assist you in answering the interrogatories, I will
help you assemble your documents and we will fully prepare you for your
deposition.
In
personal injury cases, a fair settlement should reflect your financial
damages
(past
and future medical expenses, past and future loss of income etc.), plus
an amount to compensate you for pain and suffering and loss of enjoyment
of life. To achieve a settlement, this amount is discounted to reflect
the percentage likelihood that you will recover at trial and to give the
other side an incentive to settle (no one pays 100% voluntarily).
The
decision to settle is made by the client after advice and consultation.
I
will endeavor to obtain the maximum settlement offers possible for your
consideration. If an acceptable offer is not forthcoming, I have the
experience and resolve to seek fair and reasonable compensation from a
judge or jury.
Attorneys
generally bill for services in one of three ways: (1) hourly rates; (2)
flat
fees;
or (3) contingent fees. Hourly rates are exactly that - a rate you will
pay for each hour of service. Flat fees are a set figure for some or all
of the services in a case. Contingent fees are based on a percentage of
recovery and are payable only if you settle or recover at trial; if you
do not recover, you do not have to pay the attorney’s fees but you may
be required to pay expenses (Note: contingent fees are not available
in certain types of cases including criminal and divorce). In all cases,
you are generally required to pay expenses including court filing fees,
fees for service of process, copying, postage, deposition expenses, expert
fees, telephone charges and other costs associated with your case.
At
I attempt to structure a fee agreement that is best suited
to
the
client’s particular needs. I look for the approach that is most likely
to save you expenses in the long run while compensating us with a reasonable
fee for services.
You
should understand that attorney’s fees are negotiable. You should
also
compare
the fee proposals of one firm with those of other firms before you sign
a fee agreement. Please call us before hiring an attorney to determine
if we have a fee structure that is right for you.
1.
Do not talk to the police! Contrary to what they might say, the police
are “not
there
to help you” and what you might say is not a chance to prove your innocence.
Many people think they can talk their way out of a charge, only to find
that they have supplied vital information to the police which assists
in a conviction. Discuss with your attorney whether and under what circumstances
you will speak with the police.
2.
Arrange bail. If you are arrested, bail will be set. You should attempt
to
obtain
the necessary cash and sureties (people who provide “mortgage-like” deeds
to secure your appearance). Please call us during normal business hours
if you need assistance.
3.
Consult with counsel. Speak to an attorney as soon as possible. Sometimes
we
are
able to persuade the police that charges should not be brought or less
serious alternatives can be explored. We also need to begin collecting
important evidence immediately and to interview witnesses while their
memories are fresh.
4.
Attend all court appearances. Failure to do so (unless arranged by
your
attorney)
may result in you being arrested again and the loss of your original bail.
Facing
a criminal charge may be one of the most serious problems in your life.
I
understand your concerns. I will investigate your case thoroughly, advise
you of your options, engage in negotiations at your request, and try the
case to a conclusion if necessary.
I
usually recommend trial by jury. Unlike having a case heard by a single
judge,
a jury of twelve men and women provides the best opportunity to obtain
a favorable result. You should understand that jury trials are more expensive
than trials before a judge. Please be sure to discuss your constitutional
right to a trial by jury with your attorney.
If
you cannot afford an attorney, please request the court to appoint counsel
for
you if you are facing a charge with a potential for a jail sentence.
However, I do not accept State court appointments; I will
accept court appointments if you are facing federal charges.
These
answers are for your general guidance only in selecting an attorney.
You
should contact an attorney if you have potential legal concerns or issues.
Only then can an attorney-client relationship be established.
Please
contact Brett D. Baber to discuss whether he can assist
you.
I are ready to vigorously advocate on your behalf. I have the knowledge,
experience, understanding and compassion that is essential to maximizing
a favorable outcome while minimizing the impact that litigation may have
on you.
Photographs
© 2000 - Photos-to-Go™
© 2000-2002 The Law Office of Brett D. Baber, P.A.- Brett D. Baber, esq.
Five Masks Multimedia
© 2000-2002 The Law Office of Brett D. Baber, P.A.- Brett D. Baber, esq.
Five Masks Multimedia
