LIBERMAN LAWFrequently Asked Questions
General Questions
-
We charge at the attorney’s hourly rate for consultations on most matters that we handle. We offer limited, 20-minute no-charge consultations for matters poised for appeal to the Georgia Court of Appeals, and for HOA Board representation with complex or multiple issues. Please contact the office for more information.
-
All the firm’s standard consultation types include a review of documents. During the first half of each consultation, Julie will read and analyze your documents on her own, to provide advice during the second half of the consultation. Document review may last either 30 minutes, 45 minutes, or a full hour, depending on the document volume and the needs of the client. Please contact the office for more information.
-
Groups of homeowners who have no conflicts among themselves can ask about a group consultation. All members of the group must be present for the consultation. Issues unique to individuals are not well-suited for group representation. Issues in common to all members of the group can be explored in a group consultation. Please contact the office for our group rates.
Civil Appeals
-
Generally, 30 days from the date of a final judgment, but deadlines vary based on the type of order. Some orders require taking action within 10 days. If you miss the applicable deadline, you will likely lose the right to appeal. When you contact our firm about an appeal, our first questions will be: Do you have the final judgment or other order you wish to appeal? What date was it filed?
-
Appellate courts do not take new evidence or call witnesses. Generally, the record at the trial court level is the record that the appellate court reviews. The appellate court determines whether the trial court committed legal errors that affected the outcome, warranting reversal. A motion for new trial asks the same court to try the case again because of errors, new evidence, or an unfair result. The best approach depends on your case’s posture and deadlines. We can help you determine which option preserves your rights and gives you the strongest path forward.
-
Each case is unique. Success depends on the strength of the legal issues preserved, the record, and the standard of review. We provide a candid evaluation before agreeing to represent clients on appeal. Whether that evaluation is performed as a courtesy or through a paid engagement depends on the complexity of the record. The firm is proud of its very strong success rate on appeal. There is also the possibility of penalties if an appeal is deemed frivolous, which we strive to avoid at all times. Thus, we won’t offer representation on an appeal unless we believe the chances of success are strong.
-
Costs depend on record size, issue complexity, and whether you are the appellant or appellee. Our firm offers flat fees for appellate briefs, the amount of which is set per case. The briefing costs do not include additional hard costs such as transcript preparation, record preparation and filing fees. You can help us determine the flat fee for your appeal by having all the trial court record documents complete, available and organized, and provide our office with an estimated page count.
Embedded Appellate Counsel
-
An embedded appellate lawyer works alongside lead trial counsel or the trial team to preserve legal issues, handle complex motions, and protect the record for appeal. Ideally, embedded appellate counsel gets involved well before trial begins, to assist with dispositive motions, motions in limine, proposed jury charges, and post-trial work. But embedded appellate counsel can also step in at the outset of a case to assist in the development of legal theories and issues likely to go up on appeal. When our firm serves as embedded appellate counsel, we collaborate with trial counsel and the represented party as part of the litigation team.
-
We collaborate behind the scenes, handling legal research, reviewing and assisting with key motions and advising on issues that require preservation for appeal. While embedded appellate counsel’s function is not to develop the factual record during the pre-trial phase of the litigation, we can assist and advise throughout the pre-trial phase as mutually beneficial to the client. Embedded counsel’s main objective is appellate issue preservation.
-
Yes. We assist trial attorneys in a consultative capacity through limited engagements or ongoing collaboration. Typically, we do not handle routine discovery matters as our function is not to develop the factual record, but to focus on the legal arguments, offering predictive, analytical and strategic advice as trial support for appellate issues. We are also not ghost writers. That said, we can assist and advise throughout the pre-trial phase as mutually beneficial to the client. Embedded counsel’s main objective is appellate issue preservation.
-
Depending on the case complexity, location and scope of engagement, we can be present in court or provide real-time remote support and analysis.
-
No. We defer to the lead trial counsel on client-facing communications unless trial counsel requests otherwise. Our role is to support your advocacy and strengthen your record.
-
Yes. Our firm will be engaged directly by the client for appellate briefing. If we have worked on the matter with trial counsel as embedded counsel, we are very familiar with the record and issues presented and can provide efficient representation on appeal. And if the appeal results in a remand for a new trial, the case is back in trial counsel’s hands.
HOA Disputes
-
We will recommend trying to resolve the dispute first. While homeowners often feel harassed by their HOA for various reasons, legal harassment is different from feeling harassed. Proving legal harassment is extremely fact specific, with a very high bar under Georgia law for the homeowner.
-
We will consult with you on the underlying issues, but if the matter is solely one of defamation, we will likely refer you to another law firm for that legal specialization. Often, if you can distance yourself from the concern about lies or rumors, you may learn that there are other legal issues at stake with which we can assist you which may give you peace of mind.
-
Possibly. If you have proof of payment (canceled checks or similar documents) and a full account ledger, we can review the accounting for errors. We also review for the statute of limitation on assessment collection, the legal rate of interest and other legally questionable fees and costs. That said, for homeowners who owe under $5,000, this is often not cost effective. If the HOA has a judgment against you and is collecting under a settlement agreement, garnishment or other post-judgment remedy, there is very little we can do to assist that will be economical.
-
No, it does not. Please contact the office to schedule a consultation to discuss your situation.
-
No, under Georgia law, you must pay regular, annual assessments levied by the HOA even if the HOA is not providing services. You can still demand the services. That said, there are some rare exceptions that justify withholding assessment payment based on the legal status of the HOA and the governing documents. Please contact the office to schedule a consultation to discuss your situation.
-
This depends on several factors, including how your governing documents are written and which covenants are not being enforced. Ultimately, it may require a court order. Please contact the office to schedule a consultation to discuss your situation.
-
No, what you learn at your consultation is privileged by the attorney-client privilege and should be kept confidential. If other homeowners would like information, they can contact the office to ask about their own consultation or you can consider a group representation.
-
This is unlikely, but in some cases the HOA or its governing documents may have lapsed or expired. Please contact the office to schedule a consultation to discuss your situation.
