J. Burton Hunter, III and Associates, PLLC
One West Main Street
Buckhannon, West Virginia 26201
Telephone: (304) 472-7477
Fax: (304) 472-0641 Commonly Asked Questions and Answers Q. How much do you charge? A. Our fees are tailored to the type of case. Court-appointed criminal cases and certain other cases have a mandatory fee schedule. Domestic and certain civil cases require an advance retainer. Usually, the divorce retainers range between $1500 and $5000. Cases of a personal injury nature usually require a contingency fee. A contingency fee is based upon a percentage of any sum or thing of value actually obtained for the client. In auto accident cases where the liability is contested or suit is filed, the percentage is higher. Costs are deducted after the fee is calculated.
Q. What kind of cases do you handle? A. Our areas of interest are listed in the "Home" page section and "Areas of Practice" section of our Website.
Q. If I hire you, how often will I see you? A. That is a good question. Contrary to your doctor or your dentist, much of the work your attorney does for you is done outside of your presence. In most cases, you have an initial "fact finding" interview and a follow up interview a week or two later. Much of our communication can pass through my excellent staff. In most matters, you will meet with the attorney periodically.
Q. What if I am unhappy about your representation or the way my case is going? A. Tell us! There may be occasions where you have no choice but to change attorneys, but, in fairness, you should notify your attorney if you are unhappy. Give the attorney an opportunity to explain and improve his performance.
Q. Can you help me file for divorce, adoption, change of name, a modification of child support, a petition for contempt, assert a claim for injuries, defend myself in a serious criminal charge, communicate with me over the Internet, associate with a specialist if my case is "really large," help me become a "conservator" of my elderly grandmother, represent me in a boundary line dispute, or bring suit to set aside a will? A. Yes and more!
Q. Why does our legal system require someone to file a lawsuit to recover for injuries sustained in a clear fault situation? A. While filing the suit is the answer for many attorneys, I have found that a lawsuit is not necessary in 70% of the cases. Many insurance adjusters will evaluate a claim fairly, especially when you are represented by an attorney capable of taking your case to trial. In order to justify the cost and expense of litigation, you will need the jury to give you 50% more than an out of court settlement in order to keep the same amount of money for yourself. Let us negotiate top dollar and stay out of court.
Q. Why are there so many frivolous lawsuits? A. The persons and companies who get sued, especially insurance companies, would like you to believe that most lawsuits are frivolous. Most West Virginians do not know that Rule 11 of the West Virginia Rules of Civil Procedure prohibits frivolous lawsuits and allows sanctions against attorneys and parties who file claims without a basis in fact or law. The judges in this county and others diligently protect innocent parties and throw out frivolous suits without hesitation. So, when you hear about the avalanche of frivolous lawsuits, consider the source and check with your local court clerks. You may be pleasantly surprised.
Q. How can you charge a contingency fee of 20% or less when others charge so much more? A. When I began to practice law, lawyers could actually be punished for charging less than the minimum fee schedule published by our profession! One benefit to the public by attorneys advertising is that we are now free to compete for your business. In a case where liability is clear, my staff and I have approximately fifteen steps we follow to place your case in a "settlement posture." By completing those steps and submitting a well-documented claim, I am often able to avoid a lawsuit and save you the costs of a lawsuit.
Q. Why should I carry uninsured or underinsured auto insurance? A. You should carry uninsured or underinsured auto insurance because this is the coverage which protects you and your family from irresponsible drivers who carry little or no liability insurance. If one of these drivers, and there are thousands in West Virginia, seriously injures you or your family, you could be financially ruined or unable to care for your loved ones or your own needs. Please protect yourself and your family by purchasing this inexpensive but important insurance protection.
Q. What really happens when I hire you to handle my personal injury claim? A. A competent and experienced attorney gathers lots of information and immediately writes a number of letters to medical providers, the insurance company, the police department, and others. The lawyer and his staff handle dozens of details that you have no experience in handling. A competent attorney keeps the other party's insurance company carefully informed of your medical bills, your injury, and your progress, so that your chances of avoiding the courtroom are maximized. You should seek out someone with experience whom you trust and work with him or her in getting a just result.
Q. I hear that under the new divorce law, the husband and the wife share custody at 50%-50%. Is this true? A. The divorce law has changed dramatically; however, that is not true. Competent parents will generally be entitled to share important decisions and time with the children in a manner similar to what they did prior to their separation. The courts now expect the parties to be well prepared, to negotiate in good faith, and to go to mediation in an effort to avoid a contested trial. These changes can benefit you and your children, but only if you are properly represented. Q. My spouse and I are divorcing, and there is a great difference in our respective incomes. What does that mean for me and my future? A. Alimony will usually be awarded in a case such as this, but the amount paid, frequency of payments, and the length of the alimony must be negotiated by you or resolved by the Family Court. Often, thousands of dollars are at stake. You can protect your interests and enforce your rights by consulting experienced, competent counsel. Please call if you have any questions.
Q. What type of support staff do you have? A. In my practice there are five highly competent staff persons, two of whom are paralegals. They assist our clients by gathering information, completing complicated forms, communicating with the attorney, and preparing the legal documents. They are supported by a sophisticated computer network, which permits instant communication from office to office and the outside world. They maintain our computerized calendar and perform computer research. They are committed to serving you efficiently.
Q. How has divorce mediation been working in central West Virginia? A. "The jury" is still out, but for those persons who go to mediation with a lawyer, I believe the results have been excellent. A trained mediator is there to help you and the other person in your dispute identify facts and options and solve your own problems through agreement. The rules and laws of divorce are changing almost weekly. With the help of a competent attorney, you can use mediation and other techniques to solve your problems without a trial. Of course, if a trial becomes necessary, then you will be happy to have that attorney at your side. Please do not hesitate to call, write, or e mail us if you have questions.
Q. How can you represent a guilty person? A. The truth is, sometimes it is hard, but sometimes a person who appears at first to be guilty is innocent. Every person, even those who make mistakes, is entitled to legal representation. Many cases are negotiated with fair results for the State and the accused. I think being an attorney is a great job. Good attorneys help our legal system work properly.
Q. Have you heard the latest lawyer joke? A. I sure have by e mail, telephone, fax, and face to face. I try to laugh them off, but sometimes it is hard. The truth is there are superlative, mediocre, and poor lawyers just as there are doctors or auto mechanics. But when you need help, having a strong, honest, and competent attorney to represent you is nothing to laugh about.
Q. How does it feel to be a member of one of the least respected professions? A. Bashing attorneys is a common pastime, but for me it is a great privilege to be an attorney. The hours are long, but I am never bored. I have fought many battles, but I now prefer compromise and negotiation. I love protecting the person in the weaker position, and I like to stand up to bullies. Of course, there are attorneys on the "bad side" of every legal issue, so we will never be as beloved as doctors, but as long as I have the love of my family and respect of friends and clients, I will be happy.
Q. I hear there is such a thing as a "do it yourself divorce." What do you think of it? A. Yes, there are lots of things you can do yourself, and few things you can screw up as badly as your own divorce. With your emotions "off the scale", why not spend an hour with an experienced attorney finding out about your rights and your children's? The cost of professional legal services cannot compare to the importance of these services for you and your children. The cost of a divorce lawyer is small compared to what is at stake. Why don't you give me a call before you decide to "do it yourself?"
Q. Does your firm have a mission statement? A. Yes, we do. Our mission statement is to provide superlative legal services through diligence, high ethical standards, effective professional training, technology, and friendliness. We come to work every day with that mission in mind. Please do not hesitate to call, write, or e mail us if you have any questions.
CONTINGENT FEES Have you ever wondered why personal injury attorneys charge 1/4th, or even 1/3rd, contingent fee where the fault is clear or the insurance coverage limited? I have too, and I decided that for an experienced attorney with an excellent system and staff, such fees are not warranted. Depending on the circumstances, our fees can be 1/10th to 1/5th of the settlement, and it will not cost you anything to talk it over with me to decide the best fee arrangement for you. | 
