Frequently Asked Questions:

How Do I Get To Your Office?

What Cities Are You Near?

Wilkesboro is situated approximately 50 miles West of Winston-Salem. From Winston-Salem you take Hwy. 421 North to get here. We are about 30 miles East of Boone (Appalachian State Univ). You would take 421 South to get here from Boone. Charlotte is approximately 90 miles South of Wilkesboro. From Charlotte you would probably want to take I-77 North to Hwy 421, and then follow 421 North to Wilkesboro.

How Much Do You Charge?

That depends on the type of case and the amount of time devoted to same. For instance, cases involving personal injury, malpractice, social security, and worker's compensation are typically done on a contingent fee basis. A contingent fee is normally a percentage of the gross recovery from either settlement or trial, and is only paid to us if we are successful. Percentages will vary with the complexity of the case. Our clients are also usually responsible for any costs incurred in such actions, i.e., medical reports, filing costs, transcripts. We are prohibited by our ethics code from taking most domestic cases and all criminal cases on a contingent fee basis.

On the other hand, bankruptcy, divorces, traffic tickets, DWI's, and most criminal offenses normally involve representation for a flat fee, regardless of the amount of time or number of continuances involved.

Business litigation, land disputes, estates, and domestic litigation such as custody disputes, equitable distribution and alimony are normally performed at an agreed hourly rate. The fee will then depend on the number of hours and whether the time was "in court" or "out of court". However, in some instances, if a marital estate is large enough, we may consider taking an equitable distribution case on a contingent fee basis.

Do You Take Credit Cards?

Absolutely! We accept BOTH Mastercard and VISA, but not any others. We can take your credit card information over the phone and process it electronically. We will need your name as it appears on the card, the card number, expiration date, and your mailing address. There is NO additional fee to you for use of your credit card to pay our bill. Many of our traffic clients pay this way, and then fax us their other information. We prefer that you NOT send credit card information over the internet.

Can I Make Payments?

We have many clients that are making weekly or monthly payments to settle their accounts with us. However, we do this on a case-by-case basis. For traffic tickets, DWI's and criminal offenses, we generally require that all fees be paid in prior to the final date of disposition. We can usually get TWO continuances for traffic cases, and this helps give our clients extra time to make proper arrangements when necessary. In most domestic cases we require the same thing, i.e., payment before the case is finally disposed of. However, if adequate collateral exists, we will consider a secured note or deed of trust to guarantee payments over extended periods of time for almost any type of case.

Can You Guarantee The Outcome of My Case?

No. If we could do that we would probably be on the psychic network. Our ethics code prohibits guaranteeing the outcome of cases. However, we can discuss the merits, pro's and con's of your particular situation and advise you on the realistic probable results. Chances are, we have probably done many many cases similar to yours.

How Far Will You Travel To Do A Case?

For simple things like speeding tickets, we usually prefer to stay within our 23rd Judicial District, i.e., Alleghany, Ashe, Wilkes and Yadkin counties. However, if you are willing to pay extra, we will go just about anywhere. In more complex cases we often travel all over the state, i.e., Raleigh, Charlotte, Winston-Salem, Greensboro, Statesville, Boone, Lenoir, Taylorsville, etc. If the case involves personal injury, wrongful death, malpractice or some other significant matter, we may travel out of state to Tennessee, Virginia, South Carolina, etc. for depositions or other proceedings of a court.

What is the 23rd Judicial District?

The 23rd District is comprised of four counties, Alleghany, Ashe, Wilkes and Yadkin. Wilkes County (where we are) is the headquarters for the 23rd District. The District Court Judges, Chief Superior Court Judge, and the District Attorney's Office are all headquartered here in Wilkes. There are several Judicial Districts in North Carolina. The judges and district attorney are elected officials in our state.

Do I Have To Come To Court?

If your case is only a speeding ticket, no operator's license, or some other infraction, then we are normally able to waive your presence and dispose of the case without your appearance. However, for more serious offenses such as DWI's, very high speeds, driving while license revoked, and other criminal matters, you will have to be present for final disposition. We generally never have our clients come to District Court if we are only going to continue the case. If the case is in Superior Court, then you must appear.

Am I Legally Separated?

If you are living separate and apart from your spouse, and you do not intend to resume marital cohabitation, then you are legally separated for most purposes. You do NOT need some document to establish this. However, if you intend to stay separate and apart, we strongly recommend a Separation Agreement and Property Settlement which will resolve issues peacefully between the parties, avoid expensive litigation, and protect both parties pending a final divorce. A typical separation agreement will take care of custody issues, child support, personal and real property distribution, debts, etc. These agreements also normally allow both parties to live their respective lives as if they were each single even though they are not yet divorced. Please be aware that if you are dating someone else but still married, and do NOT have a separation agreement with such a clause, then you may expose yourself to claims for alimony, divorce from bed and board, etc. A Separation Agreement typically costs about 1/4 to 1/6 less than what a legal action for custody/support would cost. However, Separation Agreements are also voluntary, and must be agreed to and signed by BOTH parties.

I'm Separated But Not Divorced Yet, Can I Date?

When Can I Get My Divorce?

As long as you have been separated continuously for one year from your spouse, and have not resumed the marital relationship during that time, then you can file for a divorce. This is called a "no contest" or "no fault" divorce. It means that you can get it without blaming one side or the other. After we serve the Complaint on your spouse, he/she has 30 days to respond. Most do not respond at all. However, others will file a simple answer in order to expedite the divorce.