Serving Southwest Kansas Since 1907.
Frequently Asked Questions
"I own my own business and I want to sue someone. Can I represent myself?"
If you own/represent a business and are needing to initiate or respond to litigation in a Kansas court, Kansas Courts only recognize natural persons as having the right of self representation, unless the matter is filed as a Small Claim (under KSA 61-2701 et seq.). In all other litigation, the court may disregard any or all of your filings if you are attempting to act on behalf of your company without counsel. Contact us and we can help you determine if you need attorney representation or not.
"How much does an attorney cost?"
Cost varies based on the attorney, the type of issue, the complexity of the issue, the length of engagement the attorney anticipates, and, yes, the market. Generally, you can expect to pay in one of three ways: Flat Fee, Hourly Rate, or a Contingency Rate.
A Flat Fee is appropriate when the issue is a standard matter which generally does not vary in complexity or duration.
An Hourly Rate is appropriate when the length of the engagement, the complexity of the matter, or the client's needs determine it is so. A case with many variables and unknowns could take 1 month or 18+ months. (NOTE: With the arrival of the COVID-19 virus and its variants, such timelines are even more uncertain.)
Occasionally, a Contingency Rate is appropriate. This may be the case in a collections matter where recovery for the client is directly proportional to the efforts of the attorney and subsequent issues with recovery would be anticipated and covered by the contingency fee.
Typically, HMBCR and its client agree to an hourly rate basis, which itself can vary by attorney, client, matter, or even task. Talk to your attorney for more specific terms and rates.
"What is a Fee Deposit?"
A fee deposit is a sum of money, decided by your attorney, which is required to be placed in the law firm's trust account as a prerequisite to engaging an attorney and commencing work on your matter. The fee deposit remains the property of the client while in the law firm's trust account. Once the attorney has performed work on your matter, the attorney will transfer to the firm's operating account only that amount needed to pay for those services. If the matter is concluded for an amount less than the fee deposit, the remainder is returned to you. If the fee deposit becomes depleted during representation, the attorney may ask you to replenish it prior to continuing work.
A fee deposit may be required by either the attorney or by firm policy and varies based on circumstances.
"Do you accept Credit/Debit Cards?"
Yes, we accept Visa and MasterCard credit and debit cards. For more information about how to pay your bill online or to make payment arrangements please contact our offices. Under certain circumstances fee deposits may also be paid by credit or debit card (contact us for more information). We also accept cash and checks.
"Do I REALLY need to talk to an attorney?"
If you're asking that question then the answer is most definitely YES!
It is a widely held but seldom spoken belief in every legal field that people often talk to an attorney later than they should have. If you have to talk to an attorney now because someone didn’t keep a promise, breached a contract, or got injured on your property you may be starting very late. Even so, seeking legal advice is a wise decision. Knowing your rights, obligations or liability will help you make an informed decision.
Too many people think they won’t need an attorney or a contract because ‘Joe is my buddy, he wouldn’t break our deal!’ but what if you’re wrong? Few friendships last forever without hardship. Protecting yourself by having an attorney help you think ahead can help you avoid issues and help friendships weather even the most tumultuous challenges.
Talking to an attorney early and often can also help you avoid large litigation costs down the road.
We can help get you on the right path to protecting your interests but you need to decide to step on that path.
"What kind of criminal law cases do you take?"
UPDATE: We are currently not accepting new non-appointed clients with criminal matters.