Livinglies's Weblog

This is not a solicitation. The choice of an attorney is an important decision and you should choose based upon direct knowledge and consultation with other professionals. Do not rely on intermediaries. There is no assurance that I or any attorney will accept a specific case even if it complies with the following conditions. There is no guarantee of success or any specific result. Even if the court reverses the trial court it may issue instructions that are not favorable to your position. I am licensed only in the State of Florida with reciprocity only in Washington DC. I do not consider myself an expert in appellate practice and neither should you. This is a change in our procedure in that we are offering my appearance of record in appeals.

So in answer to too many requests, I am willing to consider engagements for researching and drafting the briefs for an appeal and appearance pro hac vice, including oral argument, if the following conditions are met:

1. A final decision has been rendered ending the case. This means an adverse final judgment or a final order of dismissal of a claim brought by the homeowner.

2. The decision has been issued and rendered by a state court, a Federal district court or a bankruptcy court.

3.  A proper notice of appeal has been filed. and there is at least thirty days left in which to draft and file the appeal.

4. Instructions and payments arrangements have already been made for the clerk of the court to forward the record on appeal to the appellate court.

5. Except in Florida State or Federal cases, a local attorney has been retained as local counsel for my pro hac vice motion. This is the attorney who signs anything filed with any court and who is in  essence vouching for me and guaranteeing that we follow local rules. 

6. Both the local attorney and the client agree that my decisions as to the focus of the appeals is final. The client may of course terminate and hire other counsel if he or she disagrees. 

7. The foreclosure case was initiated in the name of a securitization scheme such as “U.S. Bank, as trustee for the certificate holders of SASCO series 2007-1A.”

8. A complete certified transcript of the final hearing or trial is provided to me in digital form.

9. A COMPLETE copy of all pleadings and all exhibits to pleadings filed of record is provided to me in digital form.

10. After all of the above requirements have been satisfied, there is at least thirty days left in which to draft and file the appeal.

11. No prior motions for extension of time have been filed on behalf of the homeowner. 

12. Both the client and the local attorney understand and agree that an appeal is not an opportunity to retry the case, castigate the trial judge or impugn the integrity of opposing counsel. 

13. All project fees for my work and to any other vendors or clerks of the court are paid in full in advance and nonrefundable before work commences. 

14. Fees will vary depending upon the following factors:

• The number of times that a foreclosure case has been initiated against the homeowner.

• The number of times that the homeowner has been in bankruptcy court during the pendency of the claimed default

• The number of times any appellate review has occurred in which this case has been involved in a related decision. 

• Whether jurisdictional grounds in the trial court were properly raised on behalf of the homeowner. 

• Whether the homeowner was represented by counsel in the trial court.

• The number of other administrative or court proceedings in which the facts of this case were in issue. 

• The number of issues raised by discovery demanded on behalf of the homeowner.

• The number of objections raised on behalf of the homeowner. 

• The number of motions filed on behalf of any party in the trial court.

MY PROCEDURE: I get dozens of requests for service per day. I cannot do everything. I must select those cases in which I believe, for better or worse, that I can make a difference either as litigation consultant or as the actual attorney of record for an appellant on appeal. My belief is not a prediction or guarantee or assurance of success.

STEP ONE: Order a Preliminary Document Review PREMIUM. We review your case and decide on the scope and cost of the appeal ( in addition to the PDR PREMIUM) along with recommendations on specific issues for appeal, strategies and tactics that might be employed. This includes up to 60 minutes of consultation with me and hopefully your local attorney. the decisions of your local attorney on procedure are final and I defer to local counsel on such matters. At the phone conference I will provide a good faith estimate of the non-refundable project cost that must be paid up front, excluding any motions or filings by either side other than the initial brief, the response, and the reply brief.

STEP TWO: Homeowner and advisers make a decision as to whether I might be a useful or valuable addition to the defense team and then  decide whether or not to retain GTC Honors, Inc. and myself for services that will include a Motion for Pro hac Vice appearance, notice of appearance in the appellate court, preparation and signature of brief, and reply brief for homeowner.

STEP THREE: Payment of project fee in advance, non refundable. Execution of email retainer agreement after consultation with advisers.

STEP FOUR: Work commences.

PROJECT FEES: Upon completion of PDR PREMIUM our fees will vary from $3500 to $15,000. The average of such fees in simple cases with no ancillary or collateral proceedings is $3500. The average of all appellate cases is $5500. And the highest amount so far has been $15,000.

Any such engagement specifically excludes any action, pleading or filing in any court other than the appellate court in which the appeal is pending. I do not accept engagements to appear as trial counsel any more. Thus the case is remanded for further proceedings I can serve as litigation consultant but not as trial counsel.

The engagement fee also does not include any consultations with me or any member of my team that I select to work with me without advance payment at my hourly rate of $650 per hour or part thereof. After the work for the PDR PREMIUM has been completed any such consultation must be ordered separately. However, in the course of our work we will be periodically informing you of our progress and we will answer emails in which you request answers to specific questions. Those emails will in most cases come from me. In some cases I might find the need to contact you directly by phone to ask you questions. In such instances you will not be charged for the time spent on the phone as long as the call is less than 15 minutes.

Filed under: appeals, discovery, foreclosure |