Henderson & Henderson Law Firm FAQ
Charleston Business & Personal LawyersGeneral FAQ
If you are facing a legal issue involving your family, business, finances, or personal rights, it may be beneficial to speak with an attorney. Early legal guidance can help you understand your options, avoid costly mistakes, and protect your interests. Even if you are unsure whether you have a case, a consultation can provide clarity and help you determine the best path forward.
The cost of legal representation depends on the type of case and the services needed. During your consultation, we can discuss your situation, explain our fee structure, and answer any questions you may have about costs. Most litigation cases start with a retainer of at least $6,000 and often more.
The deadline for filing a legal claim, known as the statute of limitations, depends on the type of case involved. Different deadlines may apply to personal injury claims, contract disputes, family law matters, probate issues, and other legal actions. Missing a filing deadline can result in the loss of your right to pursue a claim. Because these deadlines vary and certain exceptions may apply, it is important to speak with an attorney as soon as possible to understand the time limits that may affect your case.
Bring any documents related to your legal matter, such as contracts, court papers, medical records, correspondence, photographs, or financial records. It is also helpful to prepare a timeline of important events and a list of questions you would like answered. The more information we have, the better we can evaluate your situation and discuss potential next steps.
Most legal disputes are resolved before trial through negotiation, mediation, or settlement. However, every case is different. If a fair resolution cannot be reached, we are prepared to advocate for our clients in court.
Every case is different. The timeline depends on factors such as the complexity of the issues, the number of parties involved, and whether the case settles or goes to court. While some matters can be resolved relatively quickly, others may take several months or longer.
In most situations, communications between you and your attorney are protected by attorney-client privilege. This means your attorney cannot disclose confidential information without your permission, except in limited circumstances required by law. Open and honest communication allows us to better represent your interests.
A criminal case is brought by the government and involves alleged violations of criminal law. A civil case typically involves disputes between individuals, businesses, or other entities and usually seeks monetary damages or other legal remedies.
Possibly. South Carolina follows a modified comparative negligence rule, which means you may still recover damages if you were partially responsible for the incident. The amount you recover may be reduced based on your percentage of fault. An attorney can help evaluate how these rules apply to your case.
Business Law FAQ
While an attorney is not required to form a business, legal guidance can help you choose the right entity and avoid problems down the road. An attorney can also assist with operating agreements, contracts, ownership issues, and other important legal documents. Taking the proper steps at the beginning can help protect your business as it grows.
The right business structure depends on your goals, ownership arrangement, liability concerns, and tax considerations. Common options include LLCs, corporations, partnerships, and sole proprietorships. We can help you understand the advantages and disadvantages of each so you can make an informed decision.
While you are not required to hire an attorney to draft a business contract, having an attorney review or prepare contracts can help ensure that your interests are protected and that the agreement clearly reflects the parties’ intentions. Well-drafted contracts can also reduce the risk of future disputes.
If your business becomes involved in a dispute, it is important to gather relevant documents and avoid making decisions without understanding your legal rights. Early legal guidance can help preserve evidence, evaluate your options, and potentially resolve the matter before it escalates. The best approach will depend on the facts of the dispute.
Business partner disputes may be resolved through negotiation, mediation, arbitration, or litigation. The process often depends on the terms of any governing agreements and the nature of the disagreement. An attorney can help evaluate the dispute and work toward a resolution that protects your interests.
Do not ignore the lawsuit. There are strict deadlines for responding, and failing to act could result in a default judgment. Contact an attorney as soon as possible so your rights can be protected and an appropriate response can be filed.
Many business disputes can be avoided through clear contracts, proper recordkeeping, strong internal policies, and proactive legal planning. Regularly reviewing your business practices and legal documents can help identify potential issues before they become costly problems. Preventative legal guidance is often one of the best investments a business can make.
Family Law FAQ
The divorce process begins by filing the appropriate paperwork with the court and serving your spouse. Depending on your circumstances, issues such as property division, custody, child support, and alimony may also need to be addressed. An attorney can help ensure the process is handled properly and protect your interests throughout the case.
Even when both spouses agree on the major issues, it is often beneficial to have an attorney review the agreement and ensure all legal requirements are met. Small mistakes can create problems later, particularly when property, debts, or children are involved. An attorney can help ensure your rights are protected before the divorce is finalized.
Possibly. South Carolina courts consider several factors when determining whether alimony is appropriate, including the length of the marriage, the parties’ financial circumstances, and their earning capacities. Every situation is unique, and the outcome depends on the specific facts of the case.
South Carolina follows the principle of equitable distribution. This means marital property and debts are divided fairly, though not necessarily equally. Courts consider a variety of factors when determining what constitutes a fair division.
South Carolina courts determine custody based on the best interests of the child. The court considers factors such as each parent’s relationship with the child, the child’s needs, and each parent’s ability to provide a stable environment. Every family is different, and custody decisions are made based on the specific facts of each case.
A child support order may be modified if there has been a substantial change in circumstances, such as a significant change in income or the needs of the child. The court will review the circumstances and determine whether a modification is appropriate. An attorney can help you evaluate whether you qualify for a change.
Visitation arrangements may be modified when circumstances have changed and the requested modification is in the child’s best interests. The court will review the facts and determine whether a change is warranted. An attorney can help you navigate the process and present your case effectively.
Legal custody refers to the authority to make major decisions regarding a child’s upbringing, such as education and healthcare. Physical custody refers to where the child primarily resides and the parenting schedule. A parent may share legal custody, physical custody, or both.
If you are in immediate danger, call 911. South Carolina law provides legal protections for victims of domestic abuse, including orders of protection and other remedies. An attorney can help you understand your rights and take steps to protect yourself and your family.
Many family law disputes can be resolved through negotiation or mediation rather than a contested court hearing. Reaching an agreement outside of court can often save time, money, and emotional stress. However, when an agreement cannot be reached, litigation may be necessary.
Estates & Probate FAQ
Probate is the legal process of administering a deceased person’s estate. This may involve identifying assets, paying debts, and distributing property to heirs or beneficiaries. The process helps ensure that an estate is handled according to the law and the wishes of the deceased when a valid will exists.
No. Whether probate is required depends on the type and value of the assets involved. Certain assets may pass directly to beneficiaries outside of probate, such as life insurance policies with designated beneficiaries or jointly owned property, while others may require court involvement. An attorney can help determine what process applies to a particular estate.
It is often beneficial to contact a probate attorney shortly after the death of a loved one, especially if the estate is complex or disputes are anticipated. Early guidance can help avoid delays and ensure legal requirements are met.
When a person dies without a valid will, South Carolina law determines how the estate will be distributed. Assets generally pass to surviving family members according to the state’s intestacy laws. The specific distribution depends on the individual’s family circumstances.
Yes. A will may be challenged if there are concerns about how it was created or whether it reflects the true wishes of the person who signed it. These cases can be complicated, so it is important to speak with an attorney if you believe a will may be invalid.
In many cases, probate disputes can be resolved through negotiation, mediation, or settlement discussions. Resolving disagreements outside of court can often save time, expense, and stress for everyone involved. However, some disputes cannot be resolved informally and may require a judge to make a decision. An attorney can help evaluate the dispute and determine the most effective path forward.
Disputes can arise for many reasons, including disagreements about the validity of a will, the distribution of assets, or the actions of an executor or personal representative. These disagreements can delay the administration of the estate and increase costs if not addressed promptly. Depending on the circumstances, disputes may be resolved through negotiation, mediation, or litigation. An attorney can help protect your interests and work toward an appropriate resolution.
The length of probate depends on several factors, including the size and complexity of the estate, the types of assets involved, whether creditors submit claims, and whether disputes arise among beneficiaries or family members. Some estates can be administered in a matter of months, while others may take significantly longer. The probate court process also includes mandatory waiting periods and procedural requirements that can affect the timeline.
Executors and personal representatives have a legal duty to act in the best interests of the estate and its beneficiaries. If you believe an executor is mismanaging assets, failing to provide information, engaging in self-dealing, or otherwise failing to fulfill their responsibilities, you may have legal options available. It is important to document your concerns and speak with an attorney promptly. In some situations, the probate court may intervene or remove an executor who is not properly performing their duties.