FAQ

Q: Is there a charge for an initial consultation?
A: There is no charge for an initial consultation involving a personal injury claim or a wrongful death claim.  There is an initial consultation fee for cases involving criminal or traffic defense and family law matters.

Q: How does the firm charge for handling personal injury or wrongful death cases?
A: The firm handles personal injury and wrongful death cases on a contingency fee basis. This means that if we do not succeed in collecting money for you, either by way of settlement or by way of trial, then we do not charge you any attorney’s fee.

Q: Does the firm charge a fee against amounts collected under medical payments or med pay coverage?
A: In many personal injury cases, the injured party will be entitled to collect funds under med pay or medical payments coverage as well as collecting funds from the liability insurance applicable to the person causing the injury. Unless we are required to file suit and go to Court to collect this money under the med pay coverage, it is our policy not to charge a fee for collecting med pay.  Because we have to assemble the same records and bills to handle the liability claim that are necessary to collect the medical payments money, we provide this service as a convenience to our clients.

Q: What are “costs” and am I responsible for costs incurred in handling my personal injury or wrongful death claim?
A: The Virginia State Bar requires lawyers to pass all costs of litigation along to clients. All Virginia lawyers are required to do this. This does not mean that there are not important differences in the way that different Virginia lawyers deal with costs. The first difference is in the way that the particular lawyer defines the term “costs.” For purposes of our personal injury and wrongful death cases, we at Phillips, Morrison, Johnson & Ferrell define costs as including only those amounts that we are required to pay out of pocket in handling your claim, such as charges for police reports, for medical records and reports, for court reporters and expert witness fees. Unlike many firms, we do not bill our personal injury or wrongful death clients for copies made, long distance phone calls, or postage. The second important difference among lawyers concerning costs is whether the firm is willing to advance costs to clients, that is, whether the firm will pay the costs as they are incurred and collect reimbursement for those costs from the client at the conclusion of the case, or whether the firm requires the client to pay each cost as it is incurred. Recognizing that many of our clients are unable to work and are burdened with medical and living expenses until their case can be resolved, it is our policy to advance costs during the litigation which we then will collect back from the client when the case is completed.

Q: How does the firm charge for family law services?
A: Mr. Morrison charges an hourly rate of $250 per hour. Mr. Moore’s rate is $150.00 per hour. Any time spent on the case is billed at these rates respectively. Mr. Morrison and Mr. Moore coordinate their work on each case in order to serve our clients as efficiently and cost-effectively as possible.

Q: How does the firm charge for mediation services?
A: Mr. Morrison through the Access Mediation Group charges an hourly rate of $200 per hour (or $100 per person per hour).

Q: How does the firm charge for criminal and traffic defense matters?
A: Thomas L. Phillips, Jr., Gentry R.P. Ferrell, and Brian R. Moore currently handle cases of this sort. Because these cases vary tremendously in complexity and the amount of time required to handle them, we will quote a fee for a particular case after meeting with the potential client and discussing the facts of the case and the issues involved.

More serious criminal cases are not only more complicated to handle, but they frequently involve multiple court appearances. Given this, the fee quoted is normally higher than the fee for a traffic case. How much higher will depend on the facts of each case.

As is the case with other types of cases, it is possible that certain costs may be incurred in handling a criminal or traffic defense matter, such as the cost of obtaining records or having a court reporter attend a hearing or prepare a transcript. As is true with other costs, the firm is required by the State Bar to pass these along to the client. Any costs incurred will be in addition to the attorney’s fee agreed upon.

Q: What is mediation?
A: Mediation is a voluntary process that involves all parties to a case sitting down with a neutral individual (the mediator) to see if they can discuss their issues and settle their cases with the mediator’s help.

Mediation is not counseling. The mediator does not give legal advice, and the mediator does not decide your case. The goal of mediation is to reach a binding, written agreement that settles the dispute. Each party is given the opportunity to have the written agreement reviewed by an attorney prior to signing. If a party has an attorney at the time of mediation, that party must have the agreement reviewed by their attorney before they sign it.

Q: How does mediation work?
A:

  • Set up an evaluation session: The parties contact the mediator and set up a session. The Clerk’s Office has a list of Supreme Court-Certified Mediators in your area.
  • Agree to Mediate: At the session, the mediator explains the ground rules and the process. If all parties want to continue to mediate, everyone signs an agreement to mediate
  • Clear the Air: Each side has a chance at the beginning to share where they are coming from, and state his/her concerns and goals.
  • Identify Issues: The mediator listens, summarizes and identifies the main issues.
  • Brainstorm and problem solve: The mediator will help generate options and will keep all sides focused. Parties may begin to compromise and bargain.
  • Agreement: Hopefully, an agreement is reached that can be put in writing and signed so that a court hearing is not necessary.

Q: Why mediate?
A:

  • It works! In most cases, people who try mediation are able to settle their problems with a binding agreement. The agreement can then be put into a court order and legally enforced.
  • Better results because it’s your solution and you agreed to it.
  • It’s usually faster than going to trial.
  • Preserve relationships by communicating instead of fighting in court.
  • Privacy. All communications except allegations of child abuse or neglect, threats of harm, and complaints against the mediator, are confidential and cannot be used in any legal proceeding.

Q: How is the mediator different from a lawyer?
A: The mediator is trained specifically to help people resolve a dispute without taking sides. On the other hand, a lawyer represents one side and advocates for them. The mediator assists both sides in working through their dispute so they can compromise and settle.

Q: What case won’t work in mediation?
A: The mediator is trained specifically to help people resolve a dispute without taking sides. On the other hand, a lawyer represents one side and advocates for them. The mediator assists both sides in working through their dispute so they can compromise and settle.

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