Frequently Asked Questions
Learn About Your Business's Rights & Options
For many years, the Irvine attorneys at Berger Harrison, APC have handled
a wide variety of
business law matters, as well as issues involving
construction law, transactions, and litigation. These areas of the law can be especially
complex and confusing, which is why our firm has created a list of some
of the most commonly asked questions made by clients and provided the
What is a tentative ruling?
Before a motion is heard, some judges will issue a tentative ruling, which
sets forth the judge's analysis and intended ruling, based upon his
review of the briefs that were submitted in support of the parties'
positions. A tentative ruling narrows the issues to be argued at the time
of the hearing and even eliminates the need for a hearing if all parties
agree to allow the tentative ruling to become the final ruling. Of those
judges who issue tenative rulings, some provide them in written form at
the time of the hearing but it is becoming more popular for judges to
post them on the court's website a day or two before the hearing.
Parties can learn a great deal about the law and about their particular
judge by researching tentative rulings. An archive of tentative rulings
can be found at
www.benchreporter.com. Bench Reporter is a searchable database of tentative rulings from Superior
Courts all over Calfornia.
How much does a lawsuit cost?
Assuming you are paying your lawyer an hourly fee, this question is impossible
to answer because litigation is always, at least partially, a function
of what your opposition does. An attorney can give you an estimated litigation
budget but it will always be somewhat speculative as nobody can predict
what the other side will do. Because there are often several parties and
several attorneys involved in each case, there are too many variables
to allow a reliable prediction of how long the litigation last or how
much it will cost. If, however, your attorney agrees to take your case
on a contingency fee, it is a little easier to predict what the cost will
be. Typically, a firm will take between 33% and 45% of any recovery. The
percentage may fluctuate, depending on when the case settles. Be sure
to discuss the fee schedule with your attorney.
Above and beyond the amount of money paid to your attorney for his or her
time, a client is typically responsible to pay costs. Costs may be advanced
by your attorney, but they should ultimately be your responsibility. Costs
usually include court filing fees, messenger fees, travel expenses, court
reporter fees, postage, copy / fax charges, and other things related to
the handling of your matter.
What is discovery?
Discovery is a phase of litigation during which the parties are entitled
to employ various methods for obtaining information, documents, and things
from each other as well as from non-parties. During discovery, the parties
can also require each other to commit to a position on various factual
and / or legal matters. Discovery enables the parties to learn about the
facts of the case and perform an evaluation of strengths and weaknesses
of the arguments and claims at issue. Discovery prepares the parties for
trial and can also reveal things about the case that can bring the parties
closer together with respect to their expectations and corresponding settlement demands.
What if a party refuses to cooperate in the discovery process?
It is not uncommon for the parties to have a dispute regarding discovery.
When this happens, the attorneys are required to make good faith efforts
to discuss and resolve their disputes. If this does not work, either party
may file a motion seeking intervention from the court. It is widely believed
that almost any discovery dispute can be resolved by reasonable and fair
attorneys. Accordingly, the filing of a discovery motion typically causes
the court to detest some or all of the attorneys involved. Many discovery
disputes are resolved after a discovery motion is filed, but before the
hearing takes place. If a discovery motion actually goes all the way to
hearing, the court can order one or more parties to pay monetary sanctions.
Should I form a corporation or an LLC?
For most businesses, the distinction between operating as one or the other
is minimal. The factors which are most likely to impact such a decision
are record keeping requirements, tax consequences, and the need for flexibility
in both ownership and profit allocation. You should consult with an attorney
to make a proper determination in light of your specific circumstances.
We have formed hundreds of entities for all kinds of business ventures.
Click here for more information about our business law practice.
Why should I hire your firm to represent me?
Our legal team has more than two decades of collective experience, which
has given us extensive legal insight and seasoned litigation skills. We
pride ourselves in offering efficient and personalized solutions for our
clients that are also conscious of their pocketbooks. Should you choose
to hire our firm, you can rest assured in knowing that we will do everything
possible to help secure a positive outcome for your case. For more reasons
why you should consider working with our firm,
Call Our Irvine Attorneys at Berger Harrison, APC Today
If you would like to discuss your case or have your questions answered,
we are here to equip you and your business with the reliable counsel and
guidance you need. At Berger Harrison, APC your legal matter will be handled
with the utmost care and professionalism.
Please don’t hesitate to
call our office for more information about your rights and options.