COMMON QUESTIONS




Do I need an attorney? Ironically, the best way to get that question answered is by meeting with an attorney! We can tell you that Mr. Sutton has handled many cases over the years, which would have been solved early on, and much less expensively had the parties sought legal advice.

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How will I be charged for an appointment with Mr. Sutton? Mr. Sutton does not charge for the initial appointment which is used to determine whether he can assist you with your collection matter. Any follow up work would be on a pro bono or contingent fee basis. Most frequently, Mr. Sutton’s fees are paid by the opposing party when consumer protection laws are violated.

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Why can’t I get legal advice as a new client without an appointment? There are a series of procedures that must take place before Mr. Sutton can talk to a new client. Primarily, this includes checking to make sure that our office does not have a conflict of interest involving your dispute.

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What is a conflict of interest? This would typically be a situation in which your attorney was representing the party on the other side of your dispute. It could also be a situation where the attorney had rendered legal advice to this person regarding the same matter. In certain circumstances, it could also include a situation where the attorney had previously represented this person on a different matter. Attorneys are prohibited by ethical rules from handling cases in which they would have a conflict of interest, although in some situations this can be waived by consent of both parties after full disclosure by the attorney.

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What is ADR and arbitration? “ADR” is an acronym for alternative dispute resolution. The most common form of this is “arbitration” in which another attorney is selected to act as the judge for a case. The case is then decided at a hearing in a private office or other location rather than the courtroom. Both parties still get the chance to present their case and witnesses, but the idea is that arbitration is often a faster and less expensive process. Mediation is another form of ADR in which a neutral third party tries to work out a settlement agreement between the parties. In Jackson County, ADR is mandatory for all monetary cases in which there is less than $50,000 in dispute.

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Is Mr. Sutton an aggressive attorney? Some litigants are looking for the meanest, nastiest gun-slinging attorney who will go out of his way to make life miserable for the opposing party and the other attorney. However, Mr. Sutton does not believe that is the model for effective or ethical legal representation. So if that is the type of attorney you are looking for, you should probably look elsewhere. With that said, Mr. Sutton does have a reputation as an aggressive attorney who actively seeks to enforce the rights of his clients. But he strives to accomplish this in a way he hopes is both ethical and professional. He has found this to be very effective.

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DISCLAIMER: Use of this website signifies your acceptance of the following terms of use:
The materials contained on this website are provided for your general information only and should not be construed as legal advice.
This website is not a solicitation of legal business. Mr. Sutton is one of a number of qualified attorneys in this area and we would be more than happy to provide a referral to you of a different attorney.
You may also find an attorney by contacting the Oregon State Bar's Lawyer Referral Service at 1.800.452.7636.