FREQUENTLY ASKED QUESTIONS
Representation Generally | Security Clearances | VA Disability Claims | Right to Self-Determination in End-of-Life Decision-making
Leanne M. Innet, Esquire, strives to deliver quality service to her clients in a professional manner at an affordable price. Some services are provided on a flat rate basis, while others are billed on an hourly rate. In some circumstances, a combination of billing methods may be appropriate. Ms. Innet does not believe in doing anything by half, so she takes a personal approach to her practice and enjoys spending time communicating with her clients about their legal situation, their options, and how they feel about it.
Questions on Representation Generally
May I call for an appointment even if I don't have a national security clearance or a VA disability claim?
Yes, you may. I am a general practitioner and enjoy diverse cases. When appropriate, I will associate with a more experienced attorney in a particular practice area if I accept your case. If I chose to decline your case and I believe the case has merit, I will provide you with a referral. There are certain types of cases that I do not handle at all, which are listed below under, “What type cases do you not handle at all?”
Is there a fee for an initial consultation?
Yes, there is. Depending upon the facts of your case, however, it may be waived. There is no consultation fee if you are a veteran with a claim for U.S. Department of Veterans Affairs disability compensation benefits.
What happens during the initial consultation?
First, I will determine whether there would be any conflicts of interest if I took the case. We will ask each other questions and share information, and I will review any documents that you bring with you. I will ask you many detailed questions about what you believe your legal issue is, the backstory to your legal problem, and the result you desire. Once I identify the controlling area of law, we will discuss the strengths and weaknesses of your case and your options. I will ask you about the results you would like obtained.
Do I have to pay the initial consultation fee if I do not hire you or you do not accept my case?
Yes, you do. Outcomes in the law depend upon the facts of each case, but often it is just a single fact that will make the difference in the outcome between two very similar cases. Therefore, the work done during the initial consultation becomes the foundation of your case. As we discuss the facts of your case during the initial consultation, I will share with you the options available to you, both legal and otherwise, and their strengths and weaknesses. I believe that counseling a client includes educating the client so that he or she can make well-informed decisions. You will be taking away that benefit regardless of whether or not you chose to hire me, or I choose to accept or decline your case. If I decline your case, and I believe it has merit, I will provide you with a referral to another attorney.
What forms of payment do you accept, and do you accept credit cards?
The Law Office of Leanne M. Innet, LLC, accepts all forms of payment, including Visa and MasterCard. If there is an instance of a payment being dishonored, the form of acceptable payment from a particular client may be restricted. For all non-cash payments, no disbursements will occur against any client's retainer deposited into the Office's Client Trust Account for a minimum of ten (10) calendar days after deposit. Although it may be inconvenient, this policy is one of the Office's reasonable measures to respond to the epidemic of fraudulent negotiable instruments.
Are the attorney's fees and costs I pay deductible from my income taxes?
Maybe. This is a gray area of the law, but for certain clients the attorney's fee and costs directly incurred on their case may be tax-deductible. This can be discussed during consultation, and all clients are advised to discuss this with their tax return preparation specialists.
Why don’t you do phone consultations?
First, it is more difficult to adequately gather the pertinent information required to do a conflicts of interest check, and to simultaneously perform the check, while on the telephone.
Second, I believe that my client and I are a team. Hiring an attorney is a very important decision for the client, and accepting or declining a case is a very important decision for the attorney. Such important decisions should not be based upon the impression made during a telephone call when neither side may be at their best. Additionally, in many instances documents must be reviewed before there can be a meaningful dialog about the client’s situation.
Can I get the same information from the Internet?
No, you cannot. The Internet provides a wealth of valuable information, and I highly encourage all my clients to do their own research so that they can appreciate broad legal concepts. However, laws and rules are jurisdiction specific, and the facts of your case can be analyzed only under the laws and rules of the appropriate jurisdiction. Additionally, while the Internet may provide you with raw information about your situation, it cannot provide you with an analysis of it.
Will I deal directly with you during my case or one of your support staff?
You will deal directly with me. My business goal is to develop relationships with my clients while providing the best professional counsel and representation that I can, rather than processing as many cases as come to the door; therefore, I limit my case load appropriately.
Do you charge by the hour for all work or are there other fee options?
Fees may be based upon a flat-fee, an hourly fee, or a combination of the two depending upon the work being performed. Many factors go into how much the total cost to the client will be for a particular matter, and that will be discussed during the initial consultation. Additionally, work that I do that ordinarily would be performed by a paralegal, a secretary, or a clerk, are charged at a rate as if performed by such paraprofessionals.
Do you accept cases on a contingency fee basis?
VA disability claims cases are handled on a contingent fee basis once a Notice of Disagreement is filed.
Do you require the payment of a retainer fee prior to starting work on my case?
Yes, in most cases. The creation of our attorney-client relationship will occur with the execution of an Engagement Letter along with a Fee Agreement. The Agreement will be tailored to your case, and that agreement will control your obligations as to attorney’s fees and case costs. The retainer fee will be due before I start work.
How do you handle the money that I pay you?
If the fee is based upon a flat fee, the retainer fee will be deposited into either the Office’s Client Trust Account or the General Operating Account, depending upon whether the fee is considered earned at the time of receipt. You will receive a detailed accounting of all fees and case costs paid to the Office.
If the fee is based upon an hourly rate, the initial retainer will be deposited into the Office’s Client Trust Account and will be drawn against as work progresses. As work progresses, earned fees will be transferred from the Client Trust Account to the Office’s General Operating Account. When the initial retainer is depleted, in most cases, you will be obligated to pay another retainer to be billed against. You will receive a detailed account of all fees and case costs paid and owed. At the end of representation, any unearned balance will be refunded to you.
Alternatively, we may agree that after the initial retainer is depleted, you will be billed for work as it is performed. Since these fees will be already earned fees at the time you are billed, your payment will be deposited directly into the Office’s General Operating Account.
ALL BILLS ARE DUE UPON RECEIPT. If you do not meet your financial obligations to the Law Office of Leanne M. Innet, LLC, in a timely manner, or your payment proves not to be good funds, Leanne M. Innet, Esquire, will stop work on your matter and will withdraw from representation as lawfully permitted.
Do I have to pay for costs in addition to your fee, and if so, what type of costs?
Yes, you do. In addition to my attorney's fee, you must pay all costs directly related to your case. The following are examples of what some costs might be: filing fees, court or agency costs, postage and courier service, fee-for-service Internet database usage, service of process, private investigation, court reporter, transcripts, clerk's certification of official documents, photocopies, facsimile transmission charges, long distance telephone charges, and recording fees. This is not an exclusive list.
Once I have hired you, is there anything else I have to do, or is it all up to you?
We are a team. Throughout the representation you have a duty to cooperate fully, including being truthful at all times and informing me of any changes to your situation. I believe the more a client is engaged in his or her matter, the more satisfied he or she is in the process and the outcome of the case. This can be discussed during the initial consultation.
What type cases do you not handle at all?
I do not handle bankruptcy and taxation matters, commercial transactions or litigation, real estate, securities matters, personal injury and class actions. Although I am a registered patent attorney, I do not prosecute patent applications.
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Leanne M. Innet, Esquire, understands the challenges and emotions associated with being intensely scrutinized by a governmental agency. Each time she applied for admission to a state bar to be licensed to practice law, she had to undergo a determination that she had the requisite character and fitness to be a lawyer in that state, which is not unlike applying for a security clearance. Ms. Innet has empathy for your situation, and she will work with you to stay focused on the big picture while paying attention to the details.
Questions on Security Clearances
How long will it take for my security clearance application to be processed?
It depends, because each case is different. In part, the number of levels of review during the adjudication determines how long it will take. Therefore, the applicant should strive to anticipate and address any potential issues from the outset during the initial level of review rather than waiting for them to be raised by the government, which will require additional levels of review and time.
Can I work while my application for a security clearance is pending?
It depends upon whether it is an initial application or a mandatory periodic re-investigation as well as the type employment and level of clearance and access at issue. For a first time applicant, it may be possible to work under an interim clearance while your background investigation is ongoing. If derogatory information surfaces thereafter, the interim clearance may be withdrawn, and you will not be able to work in any capacity that requires access to classified information until final adjudication of your application. Likewise, if a Letter of Intent to Revoke a clearance is issued during a mandatory periodic re-investigation, you may not work in any capacity that requires access to classified information until a final determination is made.
By hiring you, will the time for adjudication be shortened so that I can start working sooner in the capacity for which I was hired?
Maybe. My goal in counseling you prior to starting the application process is to calm anxiety that occurs naturally from such intense scrutiny so you will be able to do your best at preparing your application, to help you catalog all the pertinent facts and any supporting material needed for your application, and to anticipate issues that might trigger an additional round of examination. By including on your application all evidence of mitigation to any derogatory information, you will be showing your “whole person” from the outset, which comports with your duty to answer all questions honestly and completely.
By hiring you, do I have an improved chance of getting or keeping a security clearance?
Maybe; however, the Law Office of Leanne M. Innet, LLC, and Leanne M. Innet, Esquire, do not and cannot guarantee any result. The facts of your life are unalterable, but the appearance of the application may make a difference. You must disclose all material facts, so the more attention to detail and precision put into the application at the beginning of the process may negate the need for subsequent levels of review. This may shorten the amount of time that you and your employer have to wait for final adjudication. Additionally, if there is additional review of the application, it is easier to respond to the government’s issues if the initial application is well-prepared.
One significant benefit to hiring legal counsel is reduced anxiety during the process because there is someone on your side looking for gaps in answers and checking the details prior to making submissions.
A second significant benefit to hiring legal counsel is that a lawyer has professional writing skills and understands the procedures of the adjudicative process. If you are at the stage where a written response to a Letter of Intent to Revoke/Deny or Letter of Revocation/Denial is involved, an attorney’s skill at identifying, organizing, and responding to the government’s issues in an appellate-style written format makes the tribunal’s review of the response more efficient than if it has to sift through a lay person’s generalized argument.
Additionally, it is imperative that the written response address every single issue raised by the government. The government needs only one reason to revoke or deny a clearance, so if you fail to address an issue—even if you could have successfully shown mitigation—the government will prevail on the issue not addressed.
How can you help me before I fill out the Standard Form questionnaire, and how much will it cost?
Whether it is an initial application or a mandatory periodic re-investigation, the first stage of review is comprised of filling out a Standard Form questionnaire and a personal interview with an examiner. I charge a flat fee to counsel you during this stage, which is payable before work begins.
Prior to you filling out the Standard Form questionnaire, we will meet to go through each question and create a mock-up of your answers. This process will identify where your information is incomplete or missing. We will devise a plan for how you can remedy any deficiencies in your initial responses such as, for example, requesting certified copies of documents. We will work on this mock-up until it is as complete as you are able to produce. We will build a file containing all the material that supports your answers, and you can use the mock-up as a template when you enter the answers electronically and file your application.
Prior to your personal interview, we will meet again to review the file that we built while preparing the mock-up of the questionnaire answers. We will identify and prepare copies of and a receipt for any documents or other evidence that we agree should be given to the interviewer for inclusion in your file.
How can you help me after I receive a Letter of Intent to Revoke/ Deny or a Letter of Revocation/Denial, and how much will it cost?
At this stage I charge an hourly rate, and the total cost to you will depend upon the number of issues raised and the options you choose on how to proceed. If you hire me at this stage of adjudication rather than prior to filling out your questionnaire, there will be increased expense because I will have to become familiar with your history and to work at assembling material that we might have been able to present from the onset.
I need to make a self-report of adverse information, will you advise me?
Yes, I will meet with and advise individuals who are faced with making a self-report of adverse information, although the permissible level of my involvement will depend upon numerous factors specific to your situation. Regardless of the level of advocacy I can engage in on your behalf at the self-report stage, by consulting with me early, you will be better positioned in the event you must respond to a Letter of Intent to Revoke your eligibility for access to classified information.
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Leanne M. Innet, Esquire, thanks all who have served our country. In return, she will provide you the service you need to obtain recognition of your service connected disability. Navigating the U.S. Department of Veterans Affairs [VA] is not easy, and you do not need to do it alone.
Questions on VA Disability Claims
Who, besides you, can help me with my claim for VA disability compensation benefits?
Generally speaking, an individual must be accredited by the U.S. Department of Veterans Affairs as an agent, attorney, or representative of a VA-recognized veterans service organization (VSO).
Do you charge a consultation fee?
No, I do not charge a consultation fee for VA disability claims.
Do you charge a fee for assisting me in preparing and presenting my claim?
Federal law prohibits anyone from charging a fee for assisting a veteran to file a claim for disability compensation benefits. It is lawful, however, to charge a reasonable fee after a veteran receives the VA's determination on his claim and the veteran decides to file a Notice of Disagreement.
How much do you charge after I decide to file a Notice of Disagreement?
I utilize the contingent fee scheme that the VA has determined to be presumptively reasonable.
How are costs associated with my disability claim handled?
Although there is no fee for assisting with the claim itself, you are responsible for the payment of all costs incurred in preparing the claim. (See above for examples of what may be a direct cost.) I may require the payment of a cost retainer prior to beginning work.
If you aren't getting paid for it, why will you assist me in the preparation and presentation of my claim?
It is my way of thanking you for your sacrifices, and it is an investment in my law practice. It is more efficient for me to address an adverse VA determination on a claim that I prepared than when I have to sift through someone else's claim file mid-stream.
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Leanne M. Innet, Esquire, passionately supports each individual’s right to self-determination in end-of-life decision-making, and she will gladly prepare a Health Care Power of Attorney and a Declaration of a Desire for a Natural Death [Living Will] for you. Although Ms. Innet is not an estate planner, for those clients with estates that can be addressed in a simple Will, she will also prepare a simple Last Will and Testament and Durable Power of Attorney.
Questions on Right to Self-Determination in End-of-Life Decision-Making
What documents should I have in case I become incapacitated, ill, or die?
Everyone over the age of eighteen (18) years should execute a Health Care Power of Attorney, a Last Will and Testament, a Durable Power of Attorney, and if desired, a Declaration of a Desire for a Natural Death.
In the event that you should become incapacitated, ill, or die, it is a heavy burden to place on your loved ones to expect them to handle the situation without some guidance as to your wishes. By executing certain documents in advance of needing them, you can share the responsibility of decision-making with your loved ones, which will avoid the need for judicial intervention in what is otherwise a private matter, minimize in-fighting amongst family and friends, and ease the sense of guilt that some may feel over decisions made. It is a compassionate act, not a selfish one, to communicate to your loved ones through properly executed legal documents your wishes for the future in the event you are not able to act on your own.
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• Health Care Power of Attorney
A Health Care Power of Attorney is a statutory form on which you designate someone else to make health care decisions on your behalf when you are unable to make those decisions yourself. This document is operative in all medical situations. Within the document, you state how you want your healthcare agent to go about making those decisions.
• Declaration of a Desire for a Natural Death [Living Will]
A Declaration of a Desire for a Natural Death is also a statutory form, which works alone or in conjunction with a Health Care Power of Attorney. Like the Health Care Power of Attorney, it operates only when you become unable to make your own decisions. But unlike the Health Care Power of Attorney, this document is effective in only two medical situations: 1) having a terminal condition that can result in death within a reasonably short time, and 2) being in a persistent vegetative state or other condition of permanent unconsciousness.
• Last Will and Testament
A Last Will and Testament is operative only after you die, and it directs the disposition of your worldly assets. If you do not have a Will, your assets will be distributed by the probate court in accordance to South Carolina’s intestacy statutes, which may not produce the result that you would have wanted. If you have minor children, a Will is extremely important because you can create a testamentary guardianship that will assist the court in determining what is in the best interest of your surviving minor children.
• Durable Power of Attorney
A Durable Power of Attorney is a very powerful document in which you authorize someone else to act on your behalf in your business matters to the same extent as if you were acting yourself. It is effective immediately, and it remains effective even if you become incompetent. This document is effective without judicial oversight, and you can define how incompetence is to be determined.
You may choose to execute any number and combination of these four documents, but most likely that would not be advisable if you wish to have maximum protection under the law. This is a decision that should be made only after adequate consultation with an attorney.
How much do you charge for these documents?
I charge a flat-fee for the consultation, preparation, and execution of the health-related advance directive statutory forms and an hourly fee for a Last Will and Testament and Durable Power of Attorney.
- • Health-related Statutory Advance Directive Forms
Although the language of the Health Care Power of Attorney and the Declaration of a Desire for a Natural Death [Living Will] is defined by the South Carolina Code and take little time to prepare, I believe it is imperative that the client fully understand the importance of the document and how it will work in a variety of circumstances. I draw upon my experiences working in cardiac surgery to illustrate with hypothetical scenarios of how your choices may play out. I cannot tell you what choices to make or make the choices for you, but I will spend the time you need to understand the choices you have.
• Last Will and Testament and Durable Power of Attorney
Although a Last Will and Testament follows a standard pattern for provisions, each one is drafted individually for the client because each client has a unique history and needs. Likewise, each Durable Power of Attorney is drafted to meet the client’s personal specifications.
Yes, I will. Upon your request and in my discretion, the Law Office of Leanne M. Innet, LLC, will exercise reasonable care in the safekeeping of certain documents.
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Disclaimer: The InnetLawOffice.com website provides general information only. It does not provide, nor should it be considered, a source of legal advice. No attorney-client relationship will form between you and the Law Office of Leanne M. Innet, LLC, until you speak personally with Leanne M. Innet, Esquire, and she has expressly agreed in writing to represent you and you have paid an agreed upon retainer fee.