Flat-Fee Consultation FAQs

FAQs about our flat fee consultations

Hersh Law Firm, PC provides flat fee consultations to individuals in connection with employment agreements, severance agreements, release agreements, covenants not to compete, non-solicitation agreements, terminations, and similar issues. We do this because we want our clients focused on obtaining the answers they need, not the time on their watch. Below, we have assembled answers to some of the more frequently asked questions about our flat fee consultations.

1. How do I schedule a flat fee consultation?

The first step is to submit your information through the law firm’s Contact Us page. If your issue concerns the review of an employment agreement, severance agreement, non- compete agreement, etc. and we think that we may be able to assist you, the law firm will e-mail you our intake form and additional information about of flat fee consultations. This includes the fee, what other information we need, etc. If we are not able to assist you, we are happy to provide you with resources to locate other counsel. Be sure to complete and return the law firm’s intake information along with your agreement to start the process.

2. What can I expect from the flat fee consultation?

Before the consultation, the law firm will analyze your documents and intake form, and perform legal research, if research is necessary. During the consultation, we will discuss your employment situation, review the agreement, and discuss its enforceability and strategies on how to improve your position or leverage. You should come away with a strong sense of the pros and cons of any potential claims as well as potential defenses/strategies you may face from your employer.

3. What does the flat fee cover? How long does a consultation last?

The flat fee covers the law firm’s review and analysis of your agreement performed before the consultation and the time during the consultation. With limited exceptions, consultations generally continue until all of our client’s questions are answered. Sometimes, this means a consultation runs 45 minutes long. But more commonly, consultations run between one hour and two hours. We’ve had consultations run as long as three hours or more. It really depends on the client’s issues. What’s most important is that our client comes away from the consultation with the understanding that he/she needs to move forward. The fee does not include an opinion letter or any other written work product. It also does not cover the law firm communicating with your employer.  We strongly encourage individuals to take notes during the consultation.

4. Will you communicate with my employer or others as part of a flat-fee consultation?

No. The flat fee does not include the law firm communicating or negotiating with your employer or others, writing letters on your behalf, etc. If the law firm is able to assist you after the consultation ends, the law firm and you will have to enter into a separate, signed representation agreement. If that is appropriate, the terms of a representation agreement will be discussed during the consultation or afterwards.

5. When will my flat fee consultation take place?

The law firm does not schedule consultations until after we receive a completed intake form, the agreement, and payment is received via Zelle, credit card, or otherwise. Consultations are scheduled based on the law firm’s availability and your deadline(s). All consultations are conducted by Barry Hersh. So, more specifically, consultations are based on his availability and the client’s. In most cases, consultations occur within seven days of when the law firm receives a client’s information – most often sooner but sometimes longer depending on a number of factors. If your situation is time-sensitive, please be sure to notify the law firm of your deadline.  We will try to accommodate your schedule.

6. Where/how will the consultation take place?

All consultations are either at the offices of Hersh Law Firm PC, or by telephone or video conference. Since COVID 19, all or most consultations have been conducted via telephone or video conference. However, we will entertain in-office consultations depending on the circumstances.

7. How do I pay for the flat fee consultation?

Payment is due before the consultation and it is earned upon receipt. Your payment enables the law firm to begin analyzing your agreement and taking other steps to prepare for the consultation. Right now, all payments are made via credit card or Zelle. If you are paying by credit card, the law firm will e-mail you a link for payment after the consultation is scheduled.  Credit card consultations are subject to a 3.33% administrative fee.  If you prefer to mail a check as payment, we can do that also but this affects how soon we can schedule a consultation with you.

8. I just have a quick question about my situation. Can I get your quick opinion?

No. Most workplace issues are complex. They require an understanding of the relevant documents and law, your relationship with your employer, past practice, and more. That’s why the law firm offers consultations. Please refer to the information above.

9. What can I do to prepare for my consultation?

The best way to prepare for your consultation is to create a list of questions you want the law firm to answer during the consultation. It’s helpful to provide this list to the law firm before the consultation and for you to have it available during the consultation.  Also, be sure to have a copy of your agreement with you during the consultation. Finally, to get the most out of the consultation, be sure that you have some way to take notes.