Frequently Asked Questions


Jump to a section:

First call and first appointment

  • You will first speak to Sheila, his office assistant who will schedule an appointment time that is convenient for you. You will then meet with Attorney Burke.

  • It depends on the type of legal issue. However, if you have a hearing coming up or a deadline, please let Sheila know and we will make an appointment as soon as we need to.

  • It lasts as long as it takes for us to understand your situation. However, it is generally 30 to 60 minutes.

  • Any paperwork that would help the attorney understand the case. This would include text messages, pictures, decisions from a Court or Social Security.

  • Yes, it is your information and you can bring anyone to hear what is going on IF YOU FEEL COMFORTABLE with them hearing about your personal life.

  • Yes it is.

  • Unfortunately, no. Most if not all questions take some time to research and for the attorney to ask you questions about the situation. That is not possible with spontaneous calls.

  • We will get back to you within one business day. If you call on a Friday, you will hear back from us on Friday or Monday. If you call on a Monday, you will hear from us on Monday or Tuesday.

  • Not until you are a client. Once you become a client, we have many options for communication including texting. You can email us at kevin@kevinmburkelaw.com before you are a client and to set up a consultation.

  • There is off street parking on the Walnut side of the building. Walnut Street is a one-way street. There is an elevator that people can use to get to my office once inside the building. Please let us know of any accommodation that you need when you make your first appointment and we will make whatever arrangements are necessary.

  • Possibly, it would depend on the situation. Some legal issues such as Social Security and no-fault divorces and Bankruptcy can be handled without having to go to the location in person.

  • If we can not help you with your case, we will do our best to refer you to someone who can.

Fees and payment

  • Yes.

  • For Social Security and personal injury cases, we charge a percentage of any benefits or settlement we obtain for you. For most cases, we generally charge a set price based on the amount of time and work the case will take. We do sometimes charge an hourly fee. This is all explained and agreed upon with a signed Retainer Agreement.

  • Yes and it will be in writing.

  • Yes, we will agree to an amount that is needed to be paid before the attorney can start working on the case.

  • Yes we do. Payments must be made monthly or you will be charged an added fee of 1% of your balance.

  • We accept cash, check, debit or credit card, Cash App and PayPal.

  • The client would be responsible for any court filing fees as well as any expenses such as Appraisals, Court Reporter fees and other expenses. We will not incur any of these fees without the client agreeing ahead of time.

  • No, unless it is a case charged by the hour.

  • When a client pays a Retainer, it is placed into an Escrow Account. If the client does not require our services before the case is completed, any unused part of the Retainer is returned to the client. However, we do keep any funds for expenses we incurred and time spent on the case.

Working with the office during your case

  • Copies are usually fine. Also, documents can be sent via email or by text and screen shots.

  • Yes. Please tell us about the deadline when you make your appointment.

  • Yes.

Social Security Disability and SSI

  • We charge 25% percent of back benefits. That amount is paid to us by Social Security when they send you your back benefits.

  • Yes, we can help you apply for insurance and help you get appointments for health care.

  • Yes.

  • Yes we do.

  • We can help with that but if it is a situation where there will not be back benefits, we may ask you to pay us an hourly rate.

  • If you can come to our office that is the best method. If you cannot come to our office, we can arrange for you to do the hearing on video from your home.

Bankruptcy

  • We will discuss your financial situation and decide what is the best course of action for making your financial situation better.

  • It depends on whether it is a Chapter 7 or Chapter 13 Bankruptcy. We would discuss and agree on a fee before we started work.

  • Any papers that would involve your finances. If we decide you should file for Bankruptcy, we will give you a list of documents that we and the Court need.

  • We can file as soon as you need us to if there are deadlines such as a sale of your house or other Court deadlines.

  • Yes. We will discuss what the likely outcome of your situation is BEFORE we file any paperwork with any Court.

  • Yes.

  • Yes.

  • Generally, only for individuals.

  • Yes. There are often ways to deal with debts that are simpler and less expensive than Bankruptcy.

Credit Card Defense

  • The sooner you call us, the sooner we can begin working on your case and make sure that you do not miss important deadlines.

  • Every case is different. We will talk about fees and agree to fees before we start working on your case.

  • Any papers you received from the Credit Card company or their attorney or the Court.

  • Yes.

  • We can discuss options with you and help you settle your debt for a lot less than you owe.

  • We will represent you at the hearing. You may have to attend the hearing, but that is different for each situation.

  • Yes.

Landlord and Tenant

  • Eviction hearings are scheduled extremely fast, so calling us as soon as you can helps us to represent you better.

  • Yes, we would help you provide the tenant with the proper notice, file at the District Judge’s office and represent you through the entire process until you have possession of your rental unit back.

  • Each case is different. We will discuss and agree on fees before we start working on the case.

  • You should bring the lease and any other papers that would help prove that you are entitled to get your rental unit back.

  • Yes.

  • We help with security deposit problems and there is a specific law meant to protect tenants in this situation. We assist with other issues but we do charge by the hour for those situations.

  • Yes and tenants may be able to stay in their unit while the appeal goes through the legal system.

Divorce

  • Each case is different. However, the more you and your spouse agree on will help minimize attorney fees for you both.

  • Yes we can prepare papers that would finalize the divorce.

  • Yes.

Custody

  • We can assist any person that wants to obtain custody of a child. There are different rules and laws for who is allowed to ask for custody so the first step would be a consultation to see if that person can ask for custody under Pennsylvania law.

  • If depends on how many steps the case goes through such as Mediation, Conciliation and a full trial before a Judge.

  • Yes.

  • Yes.

  • We can help very quickly but the first call you should make if a child is in physical danger is to the local child protective services.

  • We can but you should be aware that if you have to go to Court involving Children and Youth Services, the Court will appoint you an attorney that you do not have to pay for.

  • Yes.

Protection From Abuse (PFA)

  • Your first step is to go to the Courthouse if it is open or call the police if you are in immediate danger. We can represent in your hearing to obtain a Final PFA Order.

  • You should call as soon as you can because the hearing dates for these cases are scheduled very quickly. Please tell us when your hearing is scheduled when you contact us.

  • It depends on how complicated the case is.

  • Bring the paperwork from the Court and any other pictures, text messages or documents that would prove your side of the case.

  • Yes.

  • Yes we can defend you in that situation.

Criminal Defense

  • We handle most summary, misdemeanor and felony cases.

  • If you contact us by email at night, kevin@kevinmburkelaw.com or phone, 814-807-0972, we will contact you first thing the next morning.

  • Yes and you should hire a criminal law attorney. It is almost never a good idea to talk to the police about possible criminal charges.

  • It depends on the seriousness of the case and whether the case goes to trial or not.

  • Yes.

  • Yes.

  • Yes.

  • Yes except we do not handle pardon cases.

  • Yes.

Wills and Estates

  • Generally, a Will costs Two Hundred Dollars. We have a notary so we can draft the will and have it witnessed and Notarized all in one place at one time.

  • Yes

  • Generally, it takes 2 appointments and the time to complete it depends on the schedule of the client and attorney. We are flexible about having appointments in the evening or Saturday morning if that is necessary.

  • The legal names and addresses of any relative or people who will be inheriting items. Also, we would need photo ID for the person who is making the Will when it is signed.

  • We can make arrangements to do that.

  • If there was a Will bring that. You would want to bring the death certificate and any information about assets the person had, such as Deeds, bank account information and car titles if you have access to them. However, we can start helping you before you have all of the documentation.

  • It depends on the amount of the Estate, how complicated the Estate is and if there is any disagreement about the Estate.

  • Yes. We have helped many people with Estates that were “too small” for other attorneys to assist with.

  • This is not an area of practice we have experience with.

Real Estate Deeds

  • Just the address of the property and if you have the current Deed you can bring that. If you do not the current Deed, we are able to obtain if from the Recorder of Deeds in whatever County the real estate is in.

  • Generally, Three Hundred Dollars plus the Recording fees and possibly transfer tax. We do have a notary, so we can have it drafted, signed, Notarized and recorded in a timely manner.

  • Yes.

  • Yes.

  • Yes.

Gun Rights

  • Yes. You can schedule a consultation and we can review the law and your particular situation. If I have all the information, I can tell you whether you can possess a gun under Pennsylvania Law and Federal Law.

  • Yes.

  • Yes.

  • It depends on the circumstances.

  • Yes, bring any paperwork denying your request to purchase a gun as well as any records from criminal cases or mental health commitments.