FAQs
Frequently Asked Questions
ANSWERS TO FREQUENTLY ASKED QUESTIONS
General
Q: What areas of law does the Law Offices of Peter J. Lamont handle?
A: Our firm practices in various legal areas, including Real Estate, Business, Litigation, Contracts, Intellectual Property, and Bankruptcy law. If your matter involves an area of law related to one of our practice areas and you would like to discuss it with us, please call us at (201) 904-2211.
Q: What can I expect during an initial consultation?
A: During an initial consultation, you can expect to discuss the details of your legal matter, receive an evaluation of your case, and learn about the potential courses of action. This is also an opportunity for you to ask questions and get to know the attorney. About Peter J. Lamont, Esq.
Q: How do you charge for your legal services?
A: Our fees depend on the nature and complexity of the case. We may charge hourly rates, block hours, or flat fees based on specific circumstances. You can expect to be charged a flat fee for real estate closings and some contracts. For litigation matters, we take a retainer and bill hourly against it. Block hours can be used for special circumstances, business contracts, or projects. We will discuss our fee structure with you during the initial consultation.
Q: Who will I speak with during my initial call?
A: Usually, you will speak with our senior paralegal and case manager. She can answer many of your questions and provide you with initial guidance. Depending upon the circumstances, you may also have the opportunity to speak with Peter J. Lamont, Esq.
Q: Can you guarantee a specific outcome for my case?
A: While we cannot guarantee a specific outcome, our team of experienced attorneys and paralegals will work diligently to provide the best possible representation and strive for a favorable resolution in your case. Keep in mind that no attorney can guarantee an outcome, as legal matters are often unpredictable and subject to many variables. However, our commitment to thorough preparation, strong advocacy, and open communication ensures that we will explore every avenue and utilize our extensive resources to increase the likelihood of a successful outcome. Rest assured that our primary goal is to protect your interests and rights, and we will work tirelessly on your behalf to achieve the most favorable result, given the unique circumstances of your case.
Q: How are Paid Consultations Conducted?
A: Consultations at our firm can be conducted in a variety of ways to accommodate your needs and preferences. We offer consultations via phone, Zoom, and in-person meetings.
Phone consultations provide a convenient and efficient way to discuss your legal matter without the need for travel. This option allows for a quick exchange of information and helps us assess your situation more promptly.
Zoom consultations offer a virtual face-to-face experience, which can be particularly helpful when discussing complex matters or when a more personal connection is desired. This option allows for a more interactive experience, as we can share documents and visual aids during the conversation.
In-person consultations are also available for those who prefer face-to-face meetings. Conducting consultations in person allows for a more comprehensive discussion and the opportunity to review any physical documents or evidence you may have.
Regardless of your chosen method, our priority is to ensure that your consultation is informative, comfortable, and tailored to your needs. Please feel free to let us know which option works best for you, and we will gladly accommodate your request.
Q: Is your law firm selective about the cases you accept?
A: Yes, our law firm is selective about the cases we accept. We carefully review each case to determine whether it aligns with our areas of expertise and if we can provide the best possible representation for the client. This selective approach allows us to dedicate the necessary time, resources, and attention to each client's case.
Q: Will my case go to trial?
A: The outcome of each case is unique and depends on various factors. While we always strive to resolve disputes as efficiently as possible, sometimes going to trial is necessary to protect your interests. Our attorneys are experienced in negotiation and litigation and will advise you on your case's best course of action.
Q: How do you protect my privacy and confidentiality?
A: We adhere to strict professional standards and guidelines to protect our clients' privacy and confidentiality. All information shared with our firm is treated with the utmost care and discretion.
Q: How much experience do you have?
A: Peter J. Lamont, Esq. has been practicing law for over 20 years and is admitted to the New Jersey State and Federal Courts, the US Bankruptcy Court, and the Third Circuit Court of Appeals. In addition, Mr. Lamont has represented clients throughout the country via pro hac vice admission. Mr. Lamont's wealth of experience and dedication to providing personalized and effective legal solutions have made the Law Offices of Peter J. Lamont a trusted choice for clients seeking legal counsel in various areas of law. To learn more about our attorneys' specific experience and qualifications, please visit the "Our Team" section on our website. For more information about Mr. Lamont.
Q: What Are The Firm's Business Hours?
A: In general, we are open Monday through Friday from 9am to 5pm EST. However, we understand that legal matters sometimes require attention outside regular business hours. To accommodate our clients' needs, our attorneys may be available for consultations and meetings by appointment outside of these hours, including early mornings and evenings. If you need to schedule a meeting outside of our standard business hours, don't hesitate to get in touch with our office to discuss your specific needs, and we will do our best to accommodate your request.
Business
Q: What is a Limited Liability Company (LLC)?
A: A Limited Liability Company (LLC) is a legal entity that combines the limited liability protection of a corporation with the flexibility and simplicity of a sole proprietorship or partnership. LLCs are a popular choice for small businesses due to their ease of management and tax advantages.
Q: What are the benefits of forming an LLC?
A: Some of the benefits of forming an LLC include limited liability protection for owners, flexibility in management and taxation, pass-through taxation (avoiding double taxation), and credibility among customers, suppliers, and partners.
Q: What is an Operating Agreement?
A: An Operating Agreement is a legal document that outlines the ownership, management structure, and operating procedures of an LLC. While not always required by state law, it is highly recommended to create one to clarify the roles and responsibilities of LLC members and reduce potential disputes.
Real Estate
Q: What is a real estate closing?
A: A real estate closing, or a settlement, is the final step in a real estate transaction where the property's ownership is transferred from the seller to the buyer. The closing process typically involves signing legal documents, exchanging funds, and recording the deed with the appropriate county office.
Q: What documents are involved in a real estate closing?
A: Some key documents involved in a real estate closing include the Closing Disclosure, the Promissory Note, the Mortgage or Deed of Trust, the Deed, and the Affidavit of Title. Other documents may be required depending on the transaction's specifics and the property's location.
Q: Should I handle a real estate closing without an attorney?
A: It is generally not recommended. Real estate transactions involve complex legal documents, and navigating the process without professional guidance can lead to costly mistakes and potential disputes. An experienced real estate attorney can help protect your interests, resolve any title issues, and facilitate a smooth closing process. If you are unsure whether to hire an attorney for your real estate closing, consider the potential risks and consult a legal professional to determine the best course of action for your situation.
Litigation
Q: What is litigation?
A: Litigation is the process of resolving disputes through the court system. It involves filing a lawsuit, conducting discovery, engaging in pretrial proceedings, and potentially going to trial. The litigation process can be complex and time-consuming, often involving negotiation, settlement discussions, and various court appearances. A successful outcome often depends on the skill and experience of the attorney representing your interests.
Q: How long does the litigation process typically take?
A: The duration of the litigation process can vary significantly, depending on factors such as the complexity of the case, the number of parties involved, the court's schedule, and the strategies of the parties involved. Some cases may be resolved within a few months, while others may take years to reach a conclusion. Your attorney can provide you with a more accurate estimate based on the specifics of your case.
Q: What is the difference between mediation, arbitration, and litigation?
A: Mediation, arbitration, and litigation are all methods of dispute resolution but differ in their processes and outcomes. Mediation is a voluntary, informal process where a neutral third-party mediator helps disputing parties reach a mutually agreeable resolution. Mediation is non-binding, meaning the parties are not required to abide by the mediator's recommendations. Arbitration is a more formal process where a neutral arbitrator (or panel of arbitrators) hears the evidence and arguments presented by both parties and makes a binding decision.
Bankruptcy
Q: What is Chapter 7 Bankruptcy?
A: Chapter 7 bankruptcy, also known as liquidation bankruptcy, is a legal process that allows individuals facing financial difficulties to discharge most of their unsecured debts. When a person files for Chapter 7 bankruptcy, a bankruptcy trustee is appointed to administer the case. The trustee will evaluate the debtor's assets and sell any non-exempt assets to repay creditors. Once this process is complete, most of the debtor's remaining unsecured debts, such as credit card debt and medical bills, are discharged, meaning the debtor is no longer legally obligated to repay them.
It's important to note that not all debts can be discharged through Chapter 7 bankruptcy. Debts like student loans, child support, alimony, and certain taxes typically cannot be discharged. Additionally, to qualify for Chapter 7 bankruptcy, a debtor must pass a means test, which evaluates their income and financial resources to determine if they have the ability to repay a portion of their debts through a Chapter 13 repayment plan instead.
Q: Should I hire an attorney to file my Chapter 7 bankruptcy?
A: Hiring an experienced bankruptcy attorney to guide you through the process is generally recommended. Bankruptcy law can be complex, and filing without professional assistance can lead to mistakes, delays, or even the dismissal of your case.
Q: Can I keep my house and cars if I file Chapter 7 bankruptcy?
A: Whether you can keep your house and cars when filing for Chapter 7 bankruptcy depends on your specific circumstances, such as the amount of equity in your assets and the available exemptions under your state or federal bankruptcy laws. In Chapter 7 bankruptcy, a bankruptcy trustee is appointed to administer your case and liquidate non-exempt assets to repay your creditors. However, certain assets can be protected using exemptions, which vary by state and depend on whether you apply state or federal exemptions. It is essential to consult with a bankruptcy attorney who can evaluate your situation, help you understand the available exemptions, and guide you through protecting your assets during a Chapter 7 bankruptcy.
Contracts
Q: What is a breach of contract, and what remedies are available?
A: A breach of contract occurs when one party fails to fulfill their obligations under the agreement, either by not performing as promised, interfering with the other party's performance, or expressly stating that they will not perform their duties.
Q: Why should I hire a lawyer to draft my contract?
A: Hiring a lawyer to draft your contract offers several benefits, including: (1) Expertise: Our experienced lawyers have extensive knowledge of contract law and can create agreements tailored to your specific needs and circumstances. (2) Clarity: We ensure your contract is clear, concise, and legally enforceable, minimizing the risk of misunderstandings or disputes. (3) Risk Mitigation: Our lawyers can identify and address potential legal risks, helping to protect your interests and avoid costly litigation. (4) Customization: We can draft contracts that are customized to your particular industry, business, or transaction, ensuring that all relevant issues are addressed.
Q: What types of contracts can your lawyers draft?
A: Our lawyers have experience drafting a wide range of contracts, including but not limited to: Business contracts (e.g., partnership agreements, shareholder agreements, operating agreements); Sales and purchase agreements (e.g., real estate contracts, goods, and services contracts); Employment contracts (e.g., employment agreements, non-compete agreements, confidentiality agreements); Lease agreements (e.g., commercial and residential leases); Intellectual property agreements (e.g., licensing agreements, assignment agreements). If you need assistance with a contract not listed here, please get in touch with our office to discuss your specific requirements.
