FAQs
How do we bill for legal services?
Fee structures differ based on the type of case. Employment law matters are typically billed at an hourly rate of $350 per hour with a flat fee retainer up
front and the balance contingent on recovery. Personal Injury cases are billed on a 1/3 contingency basis, whereas some matters such as wills and estate
planning are typically based on a flat fee. It’s important to discuss billing arrangements up front to make sure that the fee agreement works for both the client and the firm.
Will there be more than one attorney working on my case?
Paul Cummings Law is a solo practice. Although there will be times when a staff member handles some aspects of your case, attorney functions will be handled exclusively by me.
What should I bring to the consultation or first meeting?
The paperwork or documents you need vary depending on the specific claim or case you have, but generally, you should bring any relevant paperwork, your ID, any existing legal documentation, and so forth. If you are not certain as to the relevancy of a document, bring it!
What is the typical legal process like?
No legal process is “typical”. While proceedings can be similar, and while case lengths can have a limited range in some instances, every single case is different. For employment cases, we often must file an EEOC charge first. As a rule, federal litigation moves more quickly than state law claims.
What types of cases does your law firm handle?
Paul Cummings Law has a strong focus on labor and employment issues. However, there are many other matters that we can handle quite capably, including personal injury, estate planning, or even defending you from other types of lawsuits filed against you.
How much experience do you have?
I have been a lawyer for more than 23 years, and most of my experience has focused on employment law. However, over the years I have handled many different types of cases including personal injury, real estate matters, business matters, estate planning and probate law.
Will I have to go to court?
Every case is different depending on the type of case. Most of the practice areas I handle are typically resolved without a trial. That does not mean that you can sit back and wait for a recovery. Clients are expected to participate in discovery, communicate with their attorneys, attend depositions, and participate in mediations and settlement conferences.
How long do I have to file a lawsuit?
The statute of limitations varies on the type of claim you have. In Indiana, ADEA claims must be filed with the EEOC within 180 days while other discrimination claims may allow 300 days. Once the EEOC dismisses a case, it must be filed in court within 90 days. Certain employment law claims allow for a 2-year statute of limitations and some even longer.
How much is my claim worth?
This too is dependent on the type of case you have. Under many of the federal employment statutes, prevailing plaintiffs are entitled to lost wages and
actual damages. Many of the federal statutes also have fee-shifting provisions that allow for the recovery of attorney fees and other damages. For example,
Title VII and The Americans with Disability Act allow for compensatory damages, whereas the ADEA and FMLA provide for liquidated damages in some circumstances. State law actions vary as well. Personal injury claims on the other hand can vary based on nature of injury, the cost of the treatment, apportionment of liability and any lingering effects that you may have.
