|
What is Construction Law?
What is Real Estate Law?
What is Business and Corporate Law?
What is Home Improvement Law?
How are Fees Calculated?
What
is Construction Law?
The area of law referred to as “Construction Law” cuts
across a broad spectrum of laws, but is closely related with many
of the traditionally recognized principals and doctrines of the
law, including real property, contracts, torts (personal injury),
business organization, labor, and tax law. Construction projects
include private and public improvements of all sizes and complexity
from basic residential work, to enormous complex projects, city
planning, and mass transportation. Construction law focuses on
a range of issues including basic contracting principals and licensing
laws, the performance of, changes in, and abandonment of a work
of improvement, mechanic’s liens and stop notices, and dispute
resolution.
What
is Real Estate Law?
The
area of law referred to as “Real Estate Law” deals
principally with the possession, use, sale, and development of
real property. The law of real property encompasses anything permanently
affixed to land, such as buildings, fences, light fixtures, plumbing
fixtures, or other items that would be personal property if not
attached. Such attached personal property is referred to as a “fixture.” Real
estate transactions are governed by a large number of local, state,
and federal ordinances, statutes, and regulations. The laws pertaining
to the possession, use, sale and development of real property can
differ drastically from state to state. Such differences in state
laws are most commonly reflected in the characterization of real
property as "community" or "separate property" in connection with
the dissolution of marriage.
What
is Business and Corporate Law?
The reference to “Business and Corporate Law” encompasses
a vast area of the law including business startups, the formation
of business entities, and securities laws. The scope of business
and corporate law consists of those laws that govern business transactions,
the representation of individuals or companies in the management
and formation of business entities, including limited liability
business entities (such as corporations or limited liability companies),
and general and limited partnerships and sole proprietorships.
The area of business and corporate law may also include the sales
of goods (California Commercial Code), business and management
policies and procedures, employee policy and procedures, and the
maintenance of limited liability entities (such as corporations
and limited liability companies) to maximize liability protection.
What
is Home Improvement Law?
The area of law referred to as the “Home Improvement Law” is
set out under the California Business And Professions Code and
the California Code Of Civil Procedure and is intended to protect
the consumer homeowner and, in some cases, a leasehold tenant.
The Home Improvement Law is specifically focused on all issues
related to the work of “Home Improvements” pursuant
to a “Home Improvement Contract.” The Home Improvement
Law provides specific contractual requirements that contractors
must follow when performing a work of home improvement; civil and
criminal penalties are provided for those contractors who do not
follow the specific requirements.
How
are Fees Calculated?
Attorneys’ fees may be calculated in several ways. The
most common is the hourly fee for services performed. The hourly
fee is typically influenced by the experience of the attorney,
the complexity of the work, and client’s timeframe for performance
of the work. You can expect that the hourly rate will run between
$150 and $350 per hour. Attorneys frequently charge an initial
deposit, sometimes called a retainer, which is held in a special
trust account. Each month (or other agreed time period), the attorney
will subtract from the funds held in the trust account the fees
and costs earned by the attorney (as to each particular client)
for the agreed billing period. If and when the initial deposit
is consumed, or insufficient to pay expected fees and costs, you
may be asked to pay an additional deposit or increased deposit.
Certain types of cases lend themselves to a contingency fee arrangement
where the attorney receives, as compensation for the attorney’s
services, a percentage of the recovery. This arrangement is most
common in personal injury cases. Contingency fees are uncommon
in construction cases or cases involving general business or legal
issues.
In an hourly fee arrangement, you can expect to pay for the attorneys’ fees,
paralegals’ fees, experts’ fees, and other related
costs. In every transaction, Mr. Di Duca will provide you a written
fee agreement which identifies the scope of representation, the
deposit amount, hourly fees and other costs which you may charged
for during the course of representation.
|