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FAQs

FREQUENTLY ASKED QUESTIONS - McCoy & McCoy, Attorneys at Law

How much does it cost to hire a lawyer?

We realize that everyone's situation is different and every case is unique. Therefore Carl McCoy does not have a standard or pre-determined retainer fee. We will attempt to set a retainer fee that you can afford and work out a payment schedule as your case progresses.

What is a retainer fee?

A retainer fee is a deposit of money that the client gives the lawyer to be held in the lawyer's trust account. This financial account is required by statute and kept separate from the office operating funds. As our office works and spends time on your case, we bill against these funds. Your rates are defined in the fee agreement.

Does Attorney Carl McCoy offer lump sum fee arrangements?

Yes, in some cases a flat fee or lump sum may be offered. A lump sum fee is an agreement to complete a divorce, dissolution or other legal matter for a specific amount paid in advance.

FAMILY LAW

How long does it take to get a divorce?

A divorce can be completed in as little as three months after the initial filing if an agreement is reached promptly. However, if no agreement is reached and the matter must be tried before the Court, the case may take in excess of one year to complete. By law, a dissolution is must be finalized no sooner than 30 days nor later than 90 days after it is filed with the court.

What is the difference between a divorce and a dissolution of marriage?

A divorce is an adversary proceeding that is initiated by one spouse (the Plaintiff) filing a complaint against the other (the Defendant). A divorce can become contested when the Defendant files an answer to the complaint. A dissolution is a more amicable means of terminating a marriage where both parties petition the court to dissolve the marriage. An agreement must be filed with the court in the form of a Separation Agreement, which is a contract between the spouses to provide for a division of all assets and liabilities, custody, parenting time, child support and other issues.

CRIMINAL LAW

Should we talk to a lawyer before we talk to the detective?

What you tell the police is generally admissible in Court against you. Anything you say, whether it is exactly what you intended to say or how the police interpret what you say can be used. Talking to a police detective can be a very unnerving experience where your words may not come out as you intend. It is wise to consult an experienced criminal lawyer like Attorney Carl McCoy prior to any communication with the police if you may be charged with a crime.

Does the police officer have to read me our rights?

One of the biggest misconceptions of the public is the understanding that a police officer must read you your rights. The law is basically that what you say in response to a detective's interrogation cannot be used against you in Court if you are in police custody and the police do not read your rights to you. There are exceptions to this rule as well. It is in your best interest to consult an attorney before you talk to the police investigator.

PROBATE ESTATE ADMINISTRATION AND ESTATE PLANNING

My deceased spouse had children from a previous marriage. Do they get part of his estate?

This depends on several factors, including but not limited to whether there is a valid will and the directions in that will, whether there are probate assets, and the size of the estate. This matter is governed by the Ohio Revised Code and Probate Law. For a more definitive answer to your probate issue, contact our office, Carl McCoy, Attorney-at-Law.

Can we use the Power of Attorney that we had when a person was living to access financial accounts after the person's death?

In general, a Power of Attorney (POA) is not legally effective after the death of the principal (the person who made the POA). There are certain exceptions under the complex probate laws of Ohio. Should you need legal assistance with an estate and estate planning, contact Attorney Carl McCoy.

PERSONAL INJURY

Do we have a case?

Only an experienced attorney like Carl McCoy can properly advise you concerning the value of your case. Generally, there must be some injury that was caused by another's negligence or intentional action. The value of the case will depend upon may factors, including but not limited to the severity and the permanency of the injury. Loss of past, present and future income are also factors. For a proper evaluation of your personal injury case, contact our office at Carl McCoy, Attorney-at-Law.

Carl McCoy Joe McCoy
McCoy & McCoy Attorneys At Law

McCoy & McCoy, Attorneys at Law
57 East Main Street
Newark, OH 43055

Phone: 740-345-4545
Fax: 740-345-3644
Newark Law Office Map

The office of McCoy & McCoy, Attorneys at Law, in Newark, Ohio, serves residents throughout central Ohio, including residents of Alexandria, Pataskala, Etna Township, Buckeye Lake, Johnstown, St. Louisville, Coshocton, Granville, Heath, Hebron, Kirkersville, Hanover, New Albany, Reynoldsburg and Zanesville. We assist residents of all cities and towns in Licking County, Coshocton County, Knox County, Perry County and Muskingum County.