No one really likes the idea of hiring a lawyer. Most people want to take care of their lives and their problems without having to share the details with someone else. A lawyer himself, Abraham Lincoln once viewed a headstone that said "Here lies a lawyer and a good man" and commented that he did not know that the economy had gotten so bad that they were burying two to a grave.

All kidding aside, the popular opinion of attorneys leaves much to be desired. Who wants to have someone they don't know prying into "private" matters? No one. That's why Cox and Cox has remained a general practice law firm. We feel that it is important to develop a relationship of mutual respect and understanding between client and attorney. And the more we know about your family or your business, the more "pieces of the puzzle" we can put in place before we give advice on a specific topic.

Still, many people are hesitant to go to a lawyer's office. We are often asked, "Can't I just tell you my problem over the phone and then you can let me know if you can help me or not?" While this seems like an effective use of time, it really isn't. In most cases, we handle initial consultations in person. The reasons are more than that we like to meet you and for you to meet us. In the office setting we have the opportunity to review any documents with you and provide copies of relevant statutes for your review. The distractions of your family and your day to day work are eliminated so that you can put your entire attention on the matter at hand. That meeting gives both of us a chance to get to know each other, and to discuss the problem, the possible solution and the appropriate fee in an efficient manner.

This is just one of many Frequently Asked Questions. Some of the others are listed below. Should you have a question of a general nature which is not covered here, please contact us. If you have a specific legal question, please call to set an appointment with one of our attorneys.

1. How much will it cost me to...?

2. Why do I need a will?

3. How do I choose a lawyer for personal injury?

4. Why haven't I heard about your firm?

5. Do you handle special needs trusts for the disabled?

6. Do you handle bankruptcy?

7. How long do I have to wait before I can get divorced?

8. I'm in the military, can I still get a divorce in Virginia?

9. My wife and I want to adopt the baby of a friend. Can we do that?

10. My ex-wife won't pay her child support, so I stopped letting her see the kids. Now she's trying to put me in jail for failing to comply with the visitation order. Can she do that?

11. I already have a lawyer, but I don't think he really cares about my case. Will you look it over and see what you think?

12. I lost my license and now I want to get it back. What do I have to do?

13. I'm 27, unmarried, and don't own anything but a beat up car. Why should I make a will?

14. I'm getting ready to have surgery and if anything happens to me, I don't want the doctors to save me if it means I have to stay on life support to stay alive. What can I do?

15. I'm getting older. I have a will. What else do I need?

16. How do I give my girlfriend permission to handle my son's educational and medical needs?

17. My daughter was playing at a neighbor's house and the neighbor's dog bit her. I don't have medical insurance and now my neighbor won't pay the doctor bill. What can I do?

18. Why should I hire a lawyer to be the settlement agent when I buy real estate?

1. How much will it cost me to...?

Our fees are charged hourly, or in appropriate cases, on a contingency basis; that is, a percentage of your recovery from the other party. Many services are provided for a flat fee. Because no two cases are ever the same, we do not quote fees until we have had a chance to speak directly with you and to evaluate your case. For domestic matters, a modest consultation fee of $35.00 is charged. There is no fee for the initial consultation in most other matters, unless we can provide you with the legal service during your first visit to our office.

2. Why do I need a will?

Everyone over 18 should have a will, and those under 18 who own considerable tangible property should also have wills. A will is the only way you can state with authority the way you wish your property to be handled and distributed after your death. Parents of young children should name the person who should control the money that their estate will provide for education and care o their children. Questions about possible taxes that might be charged against your estate or about the relative merits of living trusts and family partnerships and how to structure your business so that your family is protected are best answered by a discussion of your assets, your future expectations and your family situation with an experienced estate planning attorney. As our office manager says, "A will is your voice after death."

3. How should I choose a lawyer for personal injury?

There are many ads for lawyers who handle personal injury litigation. This firm has been extremely successful in obtaining compensation for persons injured or killed in accidents. Like most other lawyers, we only accept a percentage of what you receive as a result of our work. That means that if the insurance company has already offered you a certain amount that you fell is lower than what you should receive, we will only accept a percentage of the amount we are able to get for you above what was initially offered.

The most important element in a personal injury case is the preparation. It is our careful investigation and preparation of pictures, doctor's evaluations, expert testimony of loss of earning power, and witness statements that has won large settlements for our clients over the years.

4. Why haven't I heard about your firm?

You haven't met one of our clients! We don't advertise on TV or in the newspaper. We find that person to person referrals and our listing in Martindale-Hubble and West's Lawyers are the best source of continuing business for our firm.

5. Do you handle special needs trusts for the disabled?

Yes we do handle special needs trusts for the disabled. We also draft OBRA trusts which protect against loss of certain assets to Medicaid. Mrs. Cox was one of the authors of the Virginia Beach Community Trust for the Developmentally Disabled. Special Needs Trusts can also be effective vehicles for providing comfort items for elderly persons in nursing homes.

6. Do you handle Bankruptcy?

As a general rule, we no longer handle personal Bankruptcies. We do have experience in representing creditors in Bankruptcy.

7. How long do I have to wait before I can get divorced?

In Virginia, there are mandatory waiting periods in divorces. Although a divorce on the grounds of proven adultery may be obtained without a waiting period, in any other case, if there are children under the age of 18, a couple may not receive a final divorce until they have been separated for at least one year. If a couple has no minor children of the marriage and they have entered into an agreement regarding equitable distribution and spousal support, the waiting period is six months. Divorce is the most complicated legal procedure that most people will ever face. It requires a skilled attorney licensed to practice law in Virginia.

8. I'm in the military, can I still get a divorce in Virginia?

Yes, even though you are in the military, you can still get a divorce in Virginia if you are stationed here. One requirement of Virginia law is that you live with your spouse in the State pursuant to military orders for at least six months consecutively prior to filing for divorce. There are many requirements for a divorce in Virginia. If you are contemplating a divorce, you should seek the advice of an attorney licensed to practice law in Virginia. 

9. My wife and I want to adopt the baby of a friend. Can we do that?

Yes, as long as everyone is in agreement, and provided that all of the adoption requirements are met. Adoptions are the most joyous work we do, even though they are intricately complex. If all parties are in agreement, please be certain to seek the advice of an attorney licensed to practice law in Virginia before you do anything else.

10. My ex-wife won't pay her child support, so I stopped letting her see the kids. Now she's trying to put me in jail for failing to comply with the visitation order. Can she do that?

In Virginia, child support and visitation are two separate matters. The failure of one party to follow the court order does not allow the other party to disobey the order. It's like that saying your mom used to say, "Two wrongs don't make a right." You should seek the advice of an attorney licensed to practice in Virginia before you do anything else.  

11. I already have a lawyer, but I don't think he cares about my case. Will you look it over and see what you think?

In Virginia, it is a violation of the code of ethics for one attorney to knowingly give advice to someone who is already represented by counsel. You and your attorney should be able to work well together. You should have a relationship of mutual trust. The first thing you should do is sit down and speak with your attorney about your concerns. If you are unsure about how to do this, contact the local or state bar association for guidance. Too often, what is perceived as a lack of care is really a lack of communication.

12. I lost my license and now I want to get it back. What do I have to do?

As easy as the question may seem, it isn't as straight forward as all that. The answer depends entirely on the circumstances surrounding the loss of your license. There are certain basic steps to take to have your license reinstated, but those basic steps must be customized for each individual case. The first step is to obtain a copy of your driving record from the Department of Motor Vehicles. The second step is to seek the advice of an attorney licensed to practice law in Virginia. When you go for that appointment, make sure you take the copy of your driving record and any paperwork you still have from when you lost your license.

13. I'm 27, unmarried, and don't own anything but a beat up car. Why should I make a will?

Why should anyone make a will? Because it is your contract with the state telling them you care what happens to you and your things after you are gone. No matter how old or how young, no matter how rich or how poor, your Will is the most important document you will ever have. It is your voice. It is your instructions to those who follow. Please don't delay any longer. Seek the advice of an attorney licensed to practice law in Virginia  

14. I'm getting ready to have surgery and if anything happens to me, I don't want the doctors to save me if it means I have to stay on life support to stay alive. What can I do?

Virginia Law provides for the advance execution (signing) of what is often called a "living will." This document states your wishes regarding the use of artificial means to sustain life. In addition to signing this important statement, you should probably execute an Advance Medical Directive, which appoints an agent to make medical decisions for you in the event you are not able to make the decision yourself. You should seek the advice of an attorney licensed to practice law in Virginia in order to answer all of your questions.

15. I'm getting older. I have a will. What else do I need?

A living will, an advance medical directive and probably a durable power of attorney at the very least. Properly drafted, these documents usually prevent a lapse in your financial and business dealings during an illness or period of incapacity, and even in the event of a long vacation. In addition, having taken these steps for yourself can eliminate the need for a court appointed guardian or conservator. A review of your will and overall estate plan is also recommended if your planning documents are more than 5 years old.

16. How do I give my girlfriend permission to handle my son's educational and medical needs?

I presume you have custody of your son and that your girlfriend is not his mother. You can execute a power of attorney giving your girlfriend the power to act as you for your son. You can make the power of attorney as broad or as limited as you like. You should speak with an attorney licensed to practice law in Virginia to answer all of your questions. 

17. My daughter was playing at a neighbor's house and the neighbor's dog bit her. I don't have medical insurance and now my neighbor won't pay the doctor bill. What can I do?

You may want to inquire about the neighbor's homeowner's or renter's insurance company. If the policy covers the liability, it becomes a matter between you and the insurance company instead of between you and your neighbor. Before you do anything, you should seek the advice of an attorney licensed to practice law in Virginia. 

18. Why should I hire a lawyer to be the settlement agent when I buy real estate?

The law recently changed in Virginia allowing non-lawyers to handle real estate closings. This has brought the price of services down, but, as the old adage goes, you get what you pay for. Non-lawyers cannot give legal advice. They cannot explain the legal significance of the documents you will be signing. They cannot represent you should a dispute arise. You should make your own decision, based on your knowledge of real estate, as to whether you want to hire a non-lawyer as your settlement agent. You should shop around. Speak with at least one attorney, one realtor, one loan officer and one non-lawyer settlement agent.

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