The information given here is provided for informational purposes only and is not intended to be legal advice. Your circumstances can greatly affect the law applicable to your case. Seek competent legal advice on any legal matter.
- General Questions
- Family Law
- High-Tech Litigation
- Real Estate Litigation
- Business Litigation
- Employment Law
General:
1. Will you talk to me for free? Yes, we commonly evaluate cases with no charge to you for an initial consultation. If you would like to talk to one of our attorneys, please call our office at (662) 281-0001 or email us at info@dunbardavis.com. If none of our attorneys are available to talk to you immediately, ask any member of our staff to set up an appointment at your convenience.
2. How much do you charge for your attorney's fee? In many cases, we charge a contingency fee, which means you don't pay an attorney's fee at all unless we obtain a recovery for you through a settlement or a favorable verdict. The rules of ethics forbid us to accept contingency cases in divorce or child custody cases, and there are other matters where contingency fees are simply not practical. If workable, we will charge a one time payment "flat" fee for our services. Where both contingency fees or flat fees are not permitted or are not workable, we charge an hourly rate for our services, which typically ranges from $150.00 to $200.00 per hour but can vary depending upon the attorney involved and the nature of the case.
Dunbar Davis, PLLC accepts most major credit cards:
Family Law:
1. Can my spouse obtain a divorce when I don't want one? Possibly. Under Mississippi law, one spouse can sue for divorce under several grounds, including adultery, habitual drunkenness or drug use, or even less common situations such as the other spouse being sentenced to a year or more in prison. Whether your case presents sufficient grounds for divorce is a matter to be analyzed by an attorney.
2. My spouse and I agree that we both want a divorce, but we can't agree on dividing up our property and money. Can we still get a divorce? Yes. Mississippi law provides that where spouses have "irreconcilable differences," they can agree to a divorce. Any remaining disputes about the division of property, money or debt can then be decided by the Judge.
3. If I divorce, will my spouse get any of my retirement funds? Possibly. When resolving divorce cases in Mississippi, the Judge will make an "equitable distribution" of the property of the marriage. Under certain circumstances, retirement funds can be property of the marriage even if the other spouse never contributed to them.
4. How much will a divorce cost? While the amount of work required for any particular divorce varies from case to case, it is not ususual for a divorce case to take quite some time to resolve. Many clients simply cannot afford to pay hourly rates in a lengthy divorce. Because of this, we strive to charge a single, flat fee for divorce cases that covers all of our work. Please call us to obtain a fee quote for your particular circumstances.
If you have a family law problem in Mississippi, please contact us for a free initial consultation.
High-Tech Litigation:
1. I've gotten a letter from DirecTV/Dish Network/RIAA demanding money from me. They say that if I don't pay by their deadline, they will sue me. Help! Over the past several years, many large satellite and recording industry companies have filed lawsuits against individuals who are accused of "stealing" television signals, movies or music. Our attorneys have successfully represented many people who have been sued in this fashion. Before you pay money, seek competent legal advice on your rights.
2. My identity has been stolen. Can you help? Our attorneys have experience representing individuals whose identities have been stolen or who have had others incur debt in their name without permission. Getting your life and credit back in order can be a tough task, but the assistance of an attorney can help you get back on track.
Real Estate Litigation:
1. My neighbor claims that he has the right to cross over my land, but there's nothing in my deed that gives him the right to do so. Does he have the right to cross my land? An "easement" can provide people with the right to cross another's land, as well as give them other rights. There are certain conditions that have to be met to create an easement, but there is no absolute requirement that they be contained in deeds or land records always.
2. I've been told that my neighborhood has rules about running a business out your house, keeping boats and trailers in the yard, and other restrictions on how we can use our property. What is this? Many neighborhoods have "covenants," which are agreements by property owners about how their land and houses will be used. Many times, it is up to the neighbors themselves to file lawsuits to enforce those covenants. Whether your neighborhood has covenants, and whether they are enforceable, are questions to be analyzed by an attorney.
3. There's construction going on next door to me and every time it rains I get a lot of mud, silt and runoff on my property. Can I do anything about this? Yes. While the law permits some amount of runoff as a natural part of the construction process, a property owner has the obligation to prevent excessive runoff to adjoining properties.
Business Litigation:
1. I have a lot of customers who won't pay me and I've even turned them over to collection agencies without a whole lot of success. Do you do collection work? Yes. We have represented many companies and have collected many of their outstanding accounts receivable. In most situations, we accept collection work on a contingency basis, meaning you don't pay an attorney's fee unless we collect for you. In other cases, we are also able to get an attorney's fee award along with collecting the amount owed to you. If you have accounts that need collecting, please don't hesitate to call.
2. One of my competitors has been telling my customers and suppliers false things about my business. Is there a chance they can be found liable for that? Yes. In addition to potential claims for defamation, Mississippi law prohibits intentionally interfering with the business relations of others. You should have an attorney evaluate whether its appropriate to pursue legal action.
3. I have a small business and would like to incorporate. Can you help? Yes. Our attorneys have formed corporations, limited liability companies and other businesses and stand ready to help you. However, before jumping into forming a corporation, you should seek legal advice on what kind of legal entity would best suit your business needs.
Employment Law:
1. What is employment "at will?" Mississippi is an "at will" employee state, meaning that as a general rule, an employer is free to fire its employees at any time with or without a reason - or even for a bad reason. Like many legal rules, there are exceptions to the "at will" employment doctrine and there are several ways in which an employer can be found liable for wrongfully terminating an employee. For example, in addition to many federal laws which make firing certain employees illegal, a Mississippi employer cannot fire an employee for refusing to commit an illegal act.
2. I am returning from military service. Can I have my old job back? The Uniformed Services Employment and Re-employment Rights Act ("USERRA") provides job protection to Veterans and also makes discrimination against Veterans illegal in many circumstances. Part of the purpose of USERRA is to ensure that Veterans are permitted to return to their old jobs without any loss of seniority, status or pay. If your former employer has refused to give you your job back, seek legal advice on your rights under USERRA.
3. I've been let go from my job and have been offered a "severance package" that my former employer wants me to sign. What is this? While it can come under many names, a "severance" package usually involves the employer giving a certain amount of money to the former employee in exchange for a release from all potential claims or lawsuits that the employee could file because of the job loss. They can be legally binding and if you sign one, you could forever lose your right to file a lawsuit. You should seek legal advice to discuss precisely what rights you are giving up so that you can make a fully informed decision about whether to accept a severance package.
