FAQ 

In New York and New Jersey, civil and commercial litigation typically begins with the filing of a complaint and service of process on the defendant, followed by the defendant filing an answer or a motion to dismiss. The next stage is discovery, where both parties exchange evidence and conduct witness deposition. Parties can also file various motions (such as a motion for summary judgment) to resolve the dispute without going to trial. If the case remains unresolved, it proceeds to trial, where a judge or jury makes a verdict. The losing party can appeal; if the judgment is not enforced, the winning party can pursue enforcement measures. Specialized courts, such as the Commercial Division in New York and the Complex Business Litigation Program in New Jersey, have jurisdiction over high-value or complex commercial disputes.

In the U.S. common law system, lawyers are required to conduct legal research for each case because the system is based on precedent; previous judicial decisions (case law) influence the outcome of current cases. Each case has a unique factual background, legal issues, and applicable jurisdiction. Therefore, lawyers must identify the relevant legal provisions, regulations, and binding precedents applicable to their clients' specific circumstances. This helps ensure that their legal arguments are grounded in applicable law, comply with procedural rules, and are persuasive to the court. Failure to conduct adequate legal research can weaken a case, lead to adverse outcomes, or even constitute legal malpractice.

An IOLA account (Interest on Lawyer Account) is a special trust account used by lawyers to hold client funds that are small or short-term in nature and not suitable for a separate interest-bearing account. The interest generated in this account does not belong to the client or the lawyer; instead, it is deposited into an IOLA fund managed by the state government to support legal aid services for low-income individuals. In states like New York, IOLA accounts are typically mandatory for eligible funds and must be opened at designated participating banks. Lawyers must maintain accurate records of each client's funds, and misuse of such accounts may result in disciplinary action.

At Trexler & Zhang LLP, we require a retainer for every case. If it only involves sending letters and does not go to court, the retainer is typically a few thousand dollars ($2,000 to $4,000). If the case goes to court, the retainer will be higher ($7,000 to $15,000), depending on the specific circumstances.

A demand letter is a letter sent to the other party before formally entering court proceedings. A demand letter serves several functions, including: informing the other party that we have been retained as their representative, listing the alleged misconduct, stating our specific claims, providing relevant legal basis, and giving the other party the opportunity to resolve the dispute without going to court. Judges generally prefer to see the parties attempt to resolve their differences themselves without consuming court resources. Furthermore, in some cases (such as shareholder derivative suits), sending a demand letter is a legally required prerequisite for filing a lawsuit. Generally, legal fees typically range from a few hours to over ten hours, depending on the complexity of the case.

In most cases (plaintiff's side), we first comprehensively review all the details of the case: starting with what initially happened, what each party said, constructing a complete timeline of events, and collecting relevant supporting evidence. Because in litigation, "details determine success or failure," these details have a significant impact on the case. Subsequently, we usually send a demand letter.

Whether a case is worth pursuing litigation falls under the category of "business judgment." As lawyers, we cannot intervene in this "business judgment"; that should be decided by the potential client. Only after being engaged can we make a legal judgment regarding the legal basis of the case (the likelihood of winning).

At Trexler & Zhang LLP, we maintain detailed records of every task we undertake, including who completed what task, when, and the time spent. We regularly send you detailed timesheets along with your invoices.

At Trexler & Zhang LLP, we charge by the hour, with rates ranging from $300 to $375 per hour, depending on the type of case and the court in which it is filed (state or federal). The minimum time unit for billing is 0.1 hours (for example, if we spend 6 minutes drafting and sending an email to the other party, it will be billed as 0.1 hours).

We cannot predict how long a case will take, especially after it has entered court proceedings. Its progress depends on many factors, such as the circumstances of the parties involved and the judge's schedule.

Contingency fee arrangements are common in personal injury cases because these cases usually stem from a single, well-defined event (e.g., a car accident), and the resulting damages (e.g., fractures) are relatively clear from the outset, with insurance companies typically covering the damages. In contrast, commercial disputes often involve years of accumulated events and communications, with both parties potentially having conflicting claims, and lawyers cannot be certain whether a final judgment will be enforced. Because lawyers often lack a comprehensive understanding of the entire historical context when taking on a case, predicting its development is difficult, making contingency fee arrangements very rare in commercial disputes.

In civil and commercial cases, especially once a case enters the court process, we cannot predict the time required. If the case can be resolved relatively quickly, the fees (usually calculated as a percentage rather than a contingency fee) may be relatively low. However, if the case goes all the way to a jury trial, it could take months or even years before a verdict is reached.

When seeking a reliable litigation attorney in the New York and New Jersey areas, the first step should be to determine the importance of your case. Subsequently, you should examine the attorney's area of expertise, qualifications, courtroom experience, and further understand their capabilities through communication. Many clients believe their cases are relatively simple when contacting an attorney, but in reality, after professional analysis by the attorney, the case is often not as simple as the client perceives.

Attorney fees in civil and commercial litigation vary considerably, depending on factors such as the complexity of the case, the history of transactions, the cooperation of the opposing party, and how quickly the case can be resolved. A small number of cases can be resolved with just a lawyer's letter, but if the case goes to court, the costs increase significantly over time. At De Zhang Law Firm, attorney fees typically range from several thousand to tens of thousands of US dollars, while a few complex and difficult commercial litigation cases may cost hundreds of thousands of US dollars.