Frequently Asked Questions
- How much do you charge for your legal services?
- I am a subcontractor and my general contractor or owner of the property I performed work for, will not pay me. What should I do?
- I have an investment home in South Carolina. I cannot make my primary home mortgage payments as well as the payments on my investment home. What do I need to do?
- I am a lender, a financial institution and/or an individual who just lent someone money and now they are not making payments, what are my options?
- My partner and myself have had a falling out and I am not sure if I want to stay in this partnership with him, what do I do?
- What to Expect?
How much do you charge for your legal services?
- Litigation: This is by far the most frequently asked question for prospective clients inquiring about our services, and it should be. Bill DesChamps charges at an hourly rate of $300 per hour. His associates' time is charged at $200 per hour and his paralegal's time is charged at $95 per hour. The firm usually charges a retainer fee, which ranges from $2,500 to $25,000 depending the anticipated time to be spent on the case. As is evidenced by the fact that over 80% of our business is the result of repeat and satisfied clients, many of whom have come back many times for over a thirty-five (35) year period of time, the fee arrangements have been and are reasonable and satisfactory or out client(s). Very rarely does the firm take a case based on a contingency fee, as most of our work does not encompass as a remedy funds from which a contingency fee could be paid; however, if you feel your case may contain such an available source of monies, please feel free to call and inquire. Contact either Bill DesChamps at his email address of firstname.lastname@example.org or Trey DesChamps at his email address of email@example.com with specific information of the fee requirements required for your particular situation.
- Real Estate
- Residential: Fixed quoted fees can be obtained by contacting Peggy DesChamps at her email address of firstname.lastname@example.org and include in the request the legal description of the real property, contract sales price or mortgage amount, lender's name and address and anticipated closing date.
- Commercial: Fees are generally charged at the same hourly rate as litigation matters. Estimates may be obtained by contacting DesChamps Law Firm.
- Contract and Business Matters - Similar Fee arrangement as Commercial real estate.
I am a subcontractor and my general contractor or owner of the property I performed work for, will not pay me. What should I do?
First, you need to make sure you have done work on the property in the past 90 days. If 90 days have passed when you last provided labor, services or material on the property, then you may not be able to file a mechanic's lien, but may have other avenues such as suing for a breach of contract (assuming you have a valid contract with either the general contractor or the owner). If 90 days have not passed, contact an attorney immediately and tell the attorney you need a mechanic's lien filed on the property you have provided labor, services or material for, immediately. Once the mechanic's lien is filed, you will have 6 months from the date work was last performed or materials were provided to file a lawsuit against the general contractor and/or owner for your damages.
I have an investment home in South Carolina. I cannot make my primary home mortgage payments as well as the payments on my investment home. What do I need to do?
First, see if your loan is eligible for modification under the Making Home Affordable Program. Second, communicate with your lender to see if your loan may be eligible for modification under the Making Home Affordable Program; 3) speak to an attorney to determine your options.
I am a lender, a financial institution and/or an individual who just lent someone money and now they are not making payments, what are my options?
Your options are as follows: 1) determine if the mortgage securing repayment of the loan is eligible under the Making Home Affordable Program, 2) enter into a work out agreement between the debtor and the creditor, 3) bring a lawsuit against the debtor for payment under the note and possible foreclosure under the mortgage (if you have secured collateral for the note). If the collateral is a piece of personal property instead of real property, you can bring a cause of action to retrieve those items upon default. Our firm represents many prominent lenders in the Grand Strand area to help them get the highest return from their debtors.
My partner and I have had a falling out and I am not sure if I want to stay in this partnership with him, what do I do?
As Bill DesChamps is a certified mediator and arbitrator, we advise our clients to "work out" their problems to avoid the cost of extensive legal fees to both parties when the cost of settling is substantially less. We can either represent you in the dissolution of a partnership or corporation in the most amicable way possible prior to litigation or we can litigate the issue on your behalf if negotiation does not resolve the differences.
What to Expect?
- A prospective client who wishes to retain our Firm should contact us soon after a legal issue arises. The prospective client must provide his or her contact information, the names of all parties involved in the matter, and a brief summary of the facts giving rise to the legal issue.
- Our Firm will perform a conflict check to verify that no conflict would arise if we were to represent a prospective client. In the event we discover a conflict that prohibits us from agreeing to represent a prospective client, we will refer the prospective client to another reputable attorney. All information provided to us by a prospective client will remain confidential even though a conflict may prohibit us accepting the representation.
- The prospective client must schedule a conference with one of our attorneys to discuss the legal issue before retaining our services.
- We will require the prospective client to sign a retainer agreement that sets out the scope and cost of our representation if he or she elects to retain Deschamps Law Firm.
- During the course of our representation of a client:
- We will periodically inform the client of the status of the case;
- The client will actively participate in the litigation process by assisting with discovery, depositions, court hearings, mediation, trial preparation, and evaluating settlement proposals;
- The client will review all documents, pleadings, and motions, to the extent necessary, before they are filed with the Court or served;
- Any acceptance or offer of settlement will be reviewed and approved by the client before it is provided to any other party;
- Any decision relating to the settlement of a case must be made by the client;
- All phone calls from a client will be promptly returned within 24 hours.