Frequently Asked Questions

Our attorneys are experienced in a diverse range of practice areas including appellate law, class actions, commercial law, employment law, entertainment and intellectual property law, personal injury, and sports law. To view a complete list of our practice areas, visit our Practice Areas page.

Combined, our attorneys have many decades worth of experience in handling litigation and transactional matters in their areas of practice. To learn more about our attorneys, please visit our Attorneys page.

The fee structure for our firm varies based on the area with which you need legal assistance and the extent of the services we are providing. Various fee structures we consider when opening a matter with a new client are contingency, hourly, flat fee, or a combination of fee types. Let us work with you to determine a reasonable payment plan for your case.

• Contingency fee A contingency fee is a payment arrangement where the attorney's fee is contingent upon the successful outcome of the case. In other words, we typically only receive payment if we reach a favorable settlement or jury verdict for you, the client. The fee is typically calculated as a percentage of the final settlement or award. If the case is unsuccessful, you generally do not owe any attorney fees, although, depending on the fee arrangement, may still be responsible for other expenses incurred during the legal process. This fee structure is most common when representing plaintiffs in Personal Injury, Employment, or Class Action cases.

• Hourly fees An hourly fee structure involves clients being billed based on the amount of time attorneys and legal staff spend working on their case. Each attorney and staff member has an hourly rate, and clients are billed for the actual hours worked, including meetings, research, drafting documents, and court appearances. With this fee structure, you will receive a monthly bill detailing the time and expenses for your matter.

• Flat fee A flat fee refers to a fixed, predetermined amount that a client pays for specific legal services, regardless of the time or resources expended by the attorney. This type of fee structure provides clarity and predictability to clients, as they know upfront the total cost of the legal representation they will receive for their case.

The initial intake consultations we provide to potential clients are free. They give us an opportunity to get to know you and assess your case, and they allow you to ask questions and assess whether we are the best fit for handling your legal matter.

At Phillips, Erlewine, Given & Carlin, each case is managed by a team of professionals, usually a firm partner and an associate attorney, as well as a staff legal assistant. Our firm partners each have multiple decades of experience in their various practice areas in all facets of litigation or transactional matters.

At Phillips, Erlewine, Given & Carlin, our clients are our main priority. We understand that navigating the legal realm can be daunting, complicated, and emotionally taxing. As a boutique firm, we carefully select which cases to take on and strive to get to know our clients on a more personal level. Thus, we are always available, whether by phone, email, or in person at our office, to help you understand how the process works and to answer any questions that you might have. We want to ensure you feel confident in knowing that we have all aspects of your case covered.

Every case is different and presents its own unique facts and circumstances. As such, it is difficult to determine whether any one specific matter will settle or proceed to trial at its outset. Generally, the majority of cases settle before trial, as trials are very expensive and time-consuming for all involved parties, and the outcome is uncertain. If both sides are willing to participate in mediation or other settlement negotiations we will work to help you reach a favorable settlement. However, if a trial becomes necessary, our experienced litigators will work to protect your rights in the courtroom.

Depending on the circumstances surrounding the matter, some cases can settle within a matter of months. If your case goes all the way to trial or even further into an appeal, it may take a number of years to conclude.

Prior to taking on your case, our firm will conduct a conflict check to help ensure that there will be no conflict of interest in our representation of you.

During an initial consultation, our attorneys will want to understand the general timeline of your case and any other facts that might be relevant. They will also ask about whatever damages you might have suffered in relation to your claims. If you have a written timeline, records, or other supporting documents that our attorneys can review to help assess your case, we might ask you to send those to us so that we can conduct a more thorough review of your case.

When discussing your case, our attorneys will gather information from you in order to try and assess whether you might have a claim for liability and how much you might be able to recover from that claim. While we cannot guarantee any outcome, our attorneys can give you an opinion based on their experience and the facts of your case as to what your case might be worth.

The time limit (statute of limitations) to file a lawsuit varies based on the facts of the individual case and can range from six months to a number of years. It is always best to contact an attorney as soon as possible if you believe you have a claim to determine what the statute of limitations might be for your particular situation.

Our general practice focuses on claims arising in both the state and federal jurisdictions in California. We also have attorneys licensed to practice in New York and France.

For a new matter, please submit a written description of your legal issue through our Contact page. These form submissions will be sent directly to our attorneys for review. If you have any further questions, please call our office at 415-398-0900.