Arranging an Appearance
I try to be flexible. So, if you are looking for an attorney to help you with appearances, but the procedures or the fees set forth in this website are not quite what you are looking for, call me. Tell me what you are looking for. I am sure there is a good chance that we can work something out.
But generally . . . . .
If you would like to have me cover an appearance for you, the first step is to contact me by telephone, fax, text or email. This page’s footer contains my contact information. You can also use the form at the Contact page.
Emailing me is probably best way to contact me initially, especially if there is more than 24 hours before the appearance. If you’re not into emailing, you can fax me. A fax is just as good for me because faxes come to me as emails.
If you’re starting to worry about getting coverage for something scheduled for the next morning, I suggest that you call me. I’ll be able to give you an immediate answer concerning my availability.
If you’re looking to set up a last minute appearance, maybe, for example, later on the same day, or that morning, call, text, or call and text. I rarely shut down my phone entirely. So, even if I’m in a courtroom, I’ll at least get your text, and will probably get back to you within minutes. I don’t need much advance notice of an appearance, and I will handle an appearance on the basis of minimal information. I have appeared in cases knowing little more than the location and the case name.
The purpose of the initial contact is just to see if I am available. If you want a quick answer and are emailing me, please give me your name and the name of your firm, and the date, time and location of the appearance with a general but short description of the appearance (for example, “PC,” or “2-party deposition”).
If I am available, then I need you to confirm the appearance in some way. I just need a couple of words assuring me that you fully intend to have me cover this appearance. Once you confirm, then you have my commitment that I will appear for you.
You don’t have to confirm at the time you ask about availability, but, if you are not confirmed, I need to consider myself to be available for any other assignment that may come along in the interim. In other words, if you need to delay confirmation, when you finally call to confirm, I may tell you that I’ve taken an assignment which makes it impossible for me to take yours. Basically, for economic reason, I have to be “first come, first serve.”
Just to be Clear
Our Relationship: The arrangement between us is “As Needed/As Available.” In other words, I am not expecting to get a regular or minimum number of appearances from you, and I am not guaranteeing that I will always be available when you call about an appearance, though I hope I am.
Calendaring: Once you have confirmed an appearance with me, I list it in my calendar. In performing this act, I am committing to appear for that assignment, and I will not cancel it except in extraordinary circumstances.
Sometimes, I might tell you I am available only to find, when I go to put your assignment in my calendar, that I have already committed to make another appearance. In such a situation, I will contact you as soon as possible, usually within a few minutes, and never more than a couple of hours, to notify you of my mistake.
The reason for my committing to your appearance is simple: it is easier this way. It also fosters good will between us. I am sure it is important to you that I be reliable. And I will be reliable. I won’t throw over your appearance because another appearance subsequently comes in that might pay a little more, or be a bit more convenient for me.
Cancellations: When I commit to making an appearance for you, I am, of course, foregoing the opportunity to take other appearances in other courts. (I will, however, probably take additional appearances from other attorneys in the same courthouse.) So, if you cancel on me, there is a cost to me. But, I’m not looking to be too much of a pain about it.
If you cancel an appearance by 3:30 PM of the day before the scheduled date of the appearance, there is no cancellation fee. If you cancel after 3:30 PM of the day before, the cancellation fee is $75.00 for conferences, and $125.00 for depositions, regardless of whether the conference was expected to be a complex one, or whether the appearance involved a premium for distance. So, for example, if I agreed to do a complex appearance for you at $350.00, the cancellation fee, if applicable at all, will be $75.00.
If you have assigned me two or more matters at the same courthouse at the same time, and not all of those multiple appearances cancels, there is no cancellation fee for the cancelled assignments as long as at least one conference goes forward.
If a deposition initially involved multiple witnesses, and some but not all witnesses cancel, there is no cancellation fee for the reduced number of witnesses. You will be billed for the number of witnesses who actually testify. If I appear for a deposition of one or more witnesses, and none of the witnesses appear, you will be billed for one witness, and, if appropriate, I will note the default on the record for you.
Generally, I prepare no appearance reports for cancellations that I am aware of in advance. If I appear but the assignment fails to go forward (like none of the witnesses scheduled for deposition appear), there will be a short appearance report describing the circumstances to the degree appropriate. I prepare bills only if a cancellation fee applies.
Court Closings: This usually involves closings due to inclement whether. If the Office of Court Administration issues a notice of a court closing, there is no charge for any appearance you have scheduled with me in that court that day.
Some courts are notoriously slow about closing on bad weather days (most notably state courts in New York City). So, if I think roadways are too hazardous to venture out, I will cancel the appearance(s) without charge to you. In most cases like this, courts in neighboring counties outside of New York City will have closed, adding some level of assurance to my decision to cancel. My experience is that, even if the court technically stays open, if the weather is bad, the court will not penalize a missing party, and will simply reschedule the matter.
In situations like those above, I will prepare a short appearance report, but no bill.
I have sometimes traveled to court only to find that the court part is closed, more often than not because the judge had an unexpected problem that morning. Despite the cancellation, I need to bill for that appearance, though it will be for a simple conference. Premiums for distance will still apply. When a part unexpectedly closes, the court will often post a copy of the day’s calendar with adjourned dates. My appearance report will contain the adjourned date for the matter for which I was appearing.