The answer is overwhelmingly yes. Statistics show that aliens that represent themselves or have a non-attorney assisting them have a very low success rate in court. Only an experienced attorney will help you through the process and make sure that all of the decisions you make are done so intelligently and knowingly. An experience attorney will keep up with new statutes or cases that affect your situation.

Yes. In California all attorneys that charge $1,000 or more must have a written contract with the client.

Yes. For example, Alex Gortinsky speaks Spanish and Russian. He has staff that speaks Armenian and Ukrainian. Mr. Gortinsky also has arrangements with several interpreters to help him communicate with clients that speak Chinese, Moldovan, Uzbek, Mongolian and many other languages.

No. What type of representation and advice you receive depends on the attorney’s experience, available resources, education, training and reputation. Always ask the attorney you consult with about his background.

No, only an experienced attorney can best represent your interests and obtain the best results. Non-attorneys often charge comparable rates to attorneys, if not more, and have no accountability to you if they give you wrong advice. If the matter is referred to immigration court, the non-attorney cannot help you. Non-attorneys do not have the legal training needed and do not keep up with changes in the law which may affect your case.

If you are not represented by an attorney, the immigration judge has to allow you time to obtain one. How much time you are allowed depends on the judge, but at a minimum you should be given thirty days. If the case is ready to proceed, you have the option to have the government’s allegations, which are contained in the Notice to Appear (NTA), read to you. The judge will ask you to designate a country of removal, should that become necessary. You will be asked to plead to the charges or allegations. Whether to designate a county, what country you should designate, and how to plead depends on many factors. The court will also want to know what relief you are seeking. The date and time of the merits or individual hearing will be set at the master hearing.

In asylum cases, the notice of referral letter that you received with the Notice to Appear explains when you can apply for work authorization (EAD). The government maintains a “clock” of the days your case is pending. Currently the law says that 150 days you can request work authorization by filing form I-765, Application for Work Authorization. The work authorization will not be given to you unless your case is pending 180 days. You should note that your clock may stop running in your case if you fail to attend court, you request a continuance, and several other reasons. Certain applications such as cancellation for non-lawful permanent residents, allow you to file for work authorization while your case is pending.

Yes, it is risky to apply for cancellation of removal because it can be requested only in a deportation case. In other words, you will have to turn yourself in to the INS and request cancellation of removal from the immigration judge. This is very risky because if the judge denies the case, you will have to leave the country. Therefore, generally it is not in someone’s interest to turn himself or herself in to the INS to request cancellation of removal. If you believe you qualify for cancellation of removal, you should seek immediate legal assistance.

The Law Offices of Alex Gortinsky has fully implemented many of the latest available tools to help maintain contact with clients such as e-mail, IM messenger, and SKYPE. We also have a bilingual receptionist to take your calls during regular business hours. For after hour emergencies, you may reach us via the e-mail listed in the “Emergency” tab.

Yes, a car accident is a personal injury claim. There are, however, other types of injury claims.

In short, you are entitled to be compensated for all the damages caused by the accident. Your damages can include incurred medical bills, medication costs, lost wages, loss of earning capacity, travel expenses to medical facilities, pain and suffering compensation, future medical bills, future pain and suffering, etc.

Yes. An attorney can sign an agreement, called a lien, with a medical provider. Under the agreement, the medical provider will treat you and wait to be paid until your case resolves. The medical provider’s bills will be paid out of the settlement.

Yes, some providers will accept Medi-Cal and/or Medicare. You can also be treated on a lien basis. Please note that if Medi-Cal or Medicare paid for medical bills you incurred because of the accident you are obligated to contact these government agencies and determine if you must reimburse them - which is another reason to hire an attorney.

If you or your passenger was injured and/or a vehicle involved sustained damage in excess of $750 in the accident, yes.

Under California law, the driver or owner of a vehicle that is injured must prove that he or she carried automobile liability insurance. If you did not carry insurance the law says that you cannot receive pain and suffering damages, except in a very limited circumstance. If you have medical bills, wage loss or property damage, you are entitled to be paid for these damages whether you had insurance or not.

If you carry uninsured motorist coverage, your insurance company will step in and pay for your damages up to the policy limits you purchased.

Medical payment coverage will pay you or your medical provider for reasonable and customary medical bills incurred. The coverage is available to you even if you were the party at fault for the accident. Keep in mind that most policies will only cover bills incurred within one year of the accident. Most insurance companies will ask you to reimburse the medical payment benefits you received if the other party’s insurance compensates you for damages incurred. Whether to use the medical payment coverage depends on many factors, but an experienced attorney such as Alex Gortinsky can assist you to decide what is best for you.

An experienced personal injury attorney can help you with this situation. Do not sign any documents closing your case, also known as a “release,” until you speak with an attorney. You may be able to obtain additional money from the party directly or make an underinsured motorist claim. Most policy declarations only mention the term “uninsured” motorist. In California, when you purchase uninsured coverage, this also includes underinsured coverage. As long as your policy is greater than the other party’s limited coverage, you can make the claim and receive additional compensation.

You are obligated to cooperate with your insurance company. You do not have to speak with the insurance company of the other party or parties involved. Whether it’s your insurance or the other person’s insurance, you have to be given an opportunity to consult with an attorney before speaking with them. In general, it is better to communicate with insurance companies in writing to avoid misunderstandings.

No. The California Department of Insurance makes public all registered complaints against insurance companies. The complaint records will tell you not only the number of complaints filed against a particular company, but also the complaints investigated by the Department of Insurance that turned out to be justified. You will be surprised at the number of justified complaints.

How much you are paid depends on many factors. The factors include the type of injury, whether you are expected to recover or not, permanent scar, ambulance assist you, emergency room visit, evaluation by a medical doctor (s), length of treatment, necessity and reasonableness of the incurred medical bills, wage loss, type of care received, future damages, the amount of damage to the vehicles involved, the reputation of your medical providers, how well your damages are documented, and the reputation of your attorney.

Insurance companies saw an opportunity to lower their payouts to owners “cashing out” on property damage claims. That is, an owner would obtain an estimate, get paid, and then find a shop that would repair the vehicle for less than the estimate. So now property damage adjusters are directed to write estimates only for damage that is visible, significantly lowering the “cash out” opportunity. There are several strategies that an experienced attorney has at his or her disposal to make sure that you are fairly compensated for the damages to your vehicle.

A branded or salvage title typically becomes an issue if the repairs will be at or above the value of the vehicle. Salvage title vehicles have a lower resale or fair market value than a clean title vehicle. If you cannot agree on the fair value of your vehicle, an attorney can refer you to a vehicle appraiser.

Adjusters handle many many cases at the same time. The adjuster’s primary motivation is to get your claim resolved as soon as possible. Claims departments attempt to settle claims within a range of values and not to tie up money held in reserves to pay for your claim. To an insurance company you are a claim number and another file. Most insurance companies use computer programs which will assist them to evaluate your case (such as Colossus and TEACH). The computer program relies on input from the adjuster and you to come up with the value of your case. Unless you have experience in handling injury cases, you will never know if the offer given to you by the adjuster is fair compensation for your damages.

If you or your loved one was injured, you should hire an attorney. Insurance companies spend allot of resources training and managing the representatives that handle your case. Only an experienced attorney will help you through the process and make sure that all of the decisions you make are done so intelligently and knowingly.

No, most attorneys charge you varying percentages of fees, which can range from 25% to 45%. Our office offers competitive legal fees, which are often lower that the cookie-cutter law firms that prominently advertise.

Only for the claim of a minor. For cases involving adults, the fees are negotiable between the attorney and client.

Yes. In California all contingency fees must be in writing.

Yes. For example, Alex Gortinsky is a personal injury lawyer that speaks Spanish and Russian. He has staff that speaks Armenian, Ukrainian and Russian. Mr. Gortinsky also has arrangements with several interpreters to help him communicate with clients that speak Chinese, Vietnamese, Korean, Hmong, Filipino, Mongolian, Uzbek, Moldovan and several other languages.

No. What type of representation and compensation you receive depends on the attorney’s experience, available resources, education, training and reputation. Always ask the attorney you consult with about his background.

No. Only an experienced personal injury lawyer/attorney can best represent your interests and obtain the maximum compensation. Consider that insurance companies know that the non-attorney helping you can not represent you in court. They know that to avoid losing money the person or agency helping you will likely get you to settle your case well-below the case value. If you do not settle and have to go to court, you will need an attorney. Unfortunately, non-attorneys will not adequately prepare your case if you must go to litigation.

The answer to this is almost always no.

This is a complicated question that involves an analysis of many factors. Overall, public defenders are very knowledgeable of the law, experienced in criminal trials, and know the ins and outs of the court they practice in. Unfortunately, the demand for public defenders outweighs their resources and time. Another factor to consider is your financial situation. You should be aware that depending on your financial situation, the court may require that you pay for part of the public defender’s fee. Another factor is accessibility of the attorney. Private attorneys depend on you, the client, and therefore tend to be more accessible and willing to spend as much time as possible in working your case and meeting your needs. Research the private attorney carefully. We can assist you in providing a referral.

Keep in mind that you have the Constitutional rights to remain silent and be represented by an attorney at all stages of proceedings – from questioning to post sentencing. If you are not a citizen of the United States, certain criminal convictions will make you deportable or inadmissible. Clients that had a prior conviction should consult an experienced immigration attorney before traveling outside the country.

The law requires that you be truthful, however, you are not obligated to speak with any government agency without an attorney present. If a government agency requests to speak with you about a wrongdoing in which you are in any way involved, we strongly urge you to speak with an attorney.

A criminal attorney can represent you in juvenile proceedings. There are, however, some important differences between juvenile and adult cases. The court will also appoint an attorney for your son or daughter, if you cannot afford one. Most juvenile cases will not result in convictions, for purposes of immigration consequences.

Yes. The juvenile court has authority to help, but you must file a petition. Some of the remedies available to clear the record of a minor are reducing a charge from a felony to misdemeanor and sealing the records.

An experienced attorney will evaluate your case and the strength of the District Attorney’s case. This includes reviewing the case for possible Constitutional violation issues, such as illegal searches and seizures. An attorney can determine if the tests done by law enforcement were done correctly. In certain circumstances, you may be able to plead to a lesser offense which does not have all of the consequences of a DUI. If need be, a knowledgeable attorney will obtain forensic analysis and hire an expert.

In California, a DUI can remain on your driving record for 10 years.

No. Not all criminal convictions can be expunged. Most misdemeanors and some felonies qualify for expungement. Under California law, felony convictions can be expunged as long as the defendant did not serve a state prison sentence and successfully completed the terms of probation. Once processed, an expunged criminal record cannot be reversed. Keep in mind that, if after your record has been expunged, you have additional criminal charges, the expunged convictions can be used against you. Also, on all government-related forms, upon request you must reveal the expunged criminal convictions.

We will assist your criminal attorney, whether privately retained or appointed/public defender. There are often ways to structure your plea to avoid or minimize the immigration consequences. We also offer referrals to attorneys that handle post-conviction relief.

Some pleas and convictions can be reduced from a felony to misdemeanor. In addition, if there were procedural or constitutional irregularities in your plea and conviction, you may be able to have that conviction overturned.