Jump to a section:
- First call and first appointment
- Fees and payment
- Working with the office during your case
- Social Security Disability and SSI
- Bankruptcy
- Credit Card Defense
- Landlord and Tenant
- Divorce
- Custody
- Protection From Abuse (PFA)
- Criminal Defense
- Wills and Estates
- Real Estate Deeds
- Gun Rights
First call and first appointment
- What happens when I call the office for the first time? Who will I talk to?
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.
- How soon can I usually get an appointment?
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.
- How long does a first consultation usually last?
It lasts as long as it takes for us to understand your situation. However, it is generally 30 to 60 minutes.
- What should I bring to the first appointment, no matter what kind of case it is?
Any paperwork that would help the attorney understand the case. This would include text messages, pictures, decisions from a Court or Social Security.
- Can I bring a family member or a friend with me?
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.
- Is what I tell you confidential, even if I decide not to hire you?
Yes it is.
- Can I get a quick answer to a legal question over the phone without making an appointment?
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.
- If I leave a message, how soon should I expect a call back?
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.
- Can I text the office?
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.
- Where do I park, and is the office easy to get into for someone who uses a wheelchair or has trouble with stairs?
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.
- My case is in a county that is not on your list. Can you still help me?
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.
- Are there kinds of cases you do not take? If you cannot help me, can you point me to someone who can?
If we can not help you with your case, we will do our best to refer you to someone who can.
Fees and payment
- If I hire you, does the $50 consultation fee go toward my bill?
Yes.
- How do you charge for most cases: one set price, by the hour, or some other way?
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.
- Will you tell me the cost before you start, and will it be in writing?
Yes and it will be in writing.
- For cases other than Social Security, do I have to pay anything up front?
Yes, we will agree to an amount that is needed to be paid before the attorney can start working on the case.
- Do you offer payment plans?
Yes we do. Payments must be made monthly or you will be charged an added fee of 1% of your balance.
- How can I pay: cash, check, or card?
We accept cash, check, debit or credit card, Cash App and PayPal.
- Besides your fee, what other costs might I have to pay, such as court filing fees?
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.
- Do you charge for phone calls, emails, and questions during my case?
No, unless it is a case charged by the hour.
- What happens with the money I have paid if my case ends early or I decide to stop?
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
- Do you need my original papers, or can I send copies or photos from my phone?
Copies are usually fine. Also, documents can be sent via email or by text and screen shots.
- I have a hearing or a deadline in just a few days. Can you still take my case?
Yes. Please tell us about the deadline when you make your appointment.
- I already have a lawyer. Can I switch to your office?
Yes.
Social Security Disability and SSI
- If I win, how much is your fee, and how does it get paid?
We charge 25% percent of back benefits. That amount is paid to us by Social Security when they send you your back benefits.
- I do not have a regular doctor or health insurance. Can you still take my case?
Yes, we can help you apply for insurance and help you get appointments for health care.
- I am still working part time. Can you still help me?
Yes.
- Do you help with disability benefits for children?
Yes we do.
- Social Security stopped my benefits, or says I was paid too much. Can you help with that?
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.
- For the video hearing, where will I be: at home, or at your office with you?
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
- What happens at the free bankruptcy consultation?
We will discuss your financial situation and decide what is the best course of action for making your financial situation better.
- What does it cost to file bankruptcy through your office, including the court’s filing fee?
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.
- What papers should I bring?
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.
- Once I bring in my papers, how soon can you file my bankruptcy?
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.
- Will you tell me before I file whether I can keep my house and my car?
Yes. We will discuss what the likely outcome of your situation is BEFORE we file any paperwork with any Court.
- I have a sheriff’s sale or a repossession coming up, or my bank account was frozen. Can you file sooner to stop it?
Yes.
- Do you help me with the required credit counseling classes?
Yes.
- Do you handle bankruptcy for small businesses and farms, or only for individuals?
Generally, only for individuals.
- Can you help me deal with my debts without filing bankruptcy?
Yes. There are often ways to deal with debts that are simpler and less expensive than Bankruptcy.
Credit Card Defense
- I was served with a lawsuit from a credit card company or a debt collector. How soon do I need to call you?
The sooner you call us, the sooner we can begin working on your case and make sure that you do not miss important deadlines.
- What does it cost to have you defend the lawsuit?
Every case is different. We will talk about fees and agree to fees before we start working on your case.
- What should I bring to my first appointment?
Any papers you received from the Credit Card company or their attorney or the Court.
- There is already a judgment against me, or my bank account was frozen. Can you still help?
Yes.
- Do you help with collectors who are calling or sending letters before there is a lawsuit?
We can discuss options with you and help you settle your debt for a lot less than you owe.
- Will I have to go to the hearing, or can you go for me?
We will represent you at the hearing. You may have to attend the hearing, but that is different for each situation.
- Do you defend other debt lawsuits too, such as medical bills, car loans, or personal loans?
Yes.
Landlord and Tenant
- I am a tenant and I got an eviction notice or a hearing date. How fast do I need to call you?
Eviction hearings are scheduled extremely fast, so calling us as soon as you can helps us to represent you better.
- I am a landlord. What do you handle in an eviction: the notice, the hearing, getting the property back?
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.
- What do you charge for a landlord-tenant case?
Each case is different. We will discuss and agree on fees before we start working on the case.
- What should I bring, such as the lease, notices, photos, and rent records?
You should bring the lease and any other papers that would help prove that you are entitled to get your rental unit back.
- Do you write or review leases?
Yes.
- Do you help with security deposit problems, or repairs that are not being made?
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.
- Can you appeal a decision made by the district judge?
Yes and tenants may be able to stay in their unit while the appeal goes through the legal system.
Divorce
- What does a divorce cost through your office? Is it less if my spouse and I agree on everything?
Each case is different. However, the more you and your spouse agree on will help minimize attorney fees for you both.
- If my spouse and I agree, can you prepare the papers for both of us, or do we each need a lawyer?
Yes we can prepare papers that would finalize the divorce.
- Besides the divorce itself, do you handle dividing property, alimony, child support, and spousal support?
Yes.
Custody
- Besides parents, who can you help with custody, such as grandparents or other relatives?
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.
- What does a custody case cost, and what does the cost depend on?
If depends on how many steps the case goes through such as Mediation, Conciliation and a full trial before a Judge.
- Can you help me change a custody order that is already in place?
Yes.
- The other parent is not following the custody order. Can you help me enforce it?
Yes.
- I am worried about my child’s safety right now. How quickly can you help?
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.
- Children and Youth Services is involved with my family. Can you represent me in that case?
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.
- The other parent lives in another county or another state. Can you still handle my case?
Yes.
Protection From Abuse (PFA)
- I need protection now. How quickly can you help me get a PFA order?
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.
- I was served with a PFA. How soon should I call you?
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.
- What do you charge for a PFA case?
It depends on how complicated the case is.
- What should I bring to my first appointment about a PFA?
Bring the paperwork from the Court and any other pictures, text messages or documents that would prove your side of the case.
- Can you help change, extend, or end a PFA order?
Yes.
- Can you help someone who is accused of violating a PFA order?
Yes we can defend you in that situation.
Criminal Defense
- What kinds of charges do you handle, such as DUI, drug charges, theft, assault, and traffic citations?
We handle most summary, misdemeanor and felony cases.
- My family member was arrested at night or on a weekend. Can I reach you then?
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.
- The police want to talk to me, but I have not been charged. Can I hire you now?
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.
- What do you charge for a criminal case, and does it depend on how far the case goes?
It depends on the seriousness of the case and whether the case goes to trial or not.
- Can you help me get into ARD or another first-time offender program?
Yes.
- Do you represent juveniles?
Yes.
- Can you help with a probation or parole violation?
Yes.
- Can you help clear my record with an expungement, record sealing, or a pardon?
Yes except we do not handle pardon cases.
- Do you help with driver’s license suspensions?
Yes.
Wills and Estates
- What does a will cost?
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.
- Do you also prepare powers of attorney and living wills?
Yes
- How many visits does it take to get a will done, and how long does it take?
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.
- What should I bring to make a will?
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.
- Can you come to a home, hospital, or nursing home for someone who cannot travel?
We can make arrangements to do that.
- A family member has died. What should I bring to my first appointment about the estate?
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.
- How do you charge for handling an estate?
It depends on the amount of the Estate, how complicated the Estate is and if there is any disagreement about the Estate.
- Can you help if there is no will, or if the estate is small?
Yes. We have helped many people with Estates that were “too small” for other attorneys to assist with.
- Do you set up trusts, or help with planning for nursing home costs?
This is not an area of practice we have experience with.
Real Estate Deeds
- What do you need from me to prepare a deed?
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.
- What does it cost to have a deed prepared and recorded, and how long does it take?
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.
- Do you record the deed at the courthouse for me?
Yes.
- Can you add or remove a name on a deed, for example after a marriage, a divorce, or a death, or to give property to my children?
Yes.
- Will you tell me the transfer tax and recording costs before I sign?
Yes.
Gun Rights
- I am not sure if I am allowed to own a gun. Can you check my record and tell me?
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.
- I was denied when I tried to buy a gun or get a license to carry. Can you help me challenge that?
Yes.
- Can you help restore gun rights after a conviction, a PFA, or an involuntary mental health commitment (a “302”)?
Yes.
- What does a gun rights case cost?
It depends on the circumstances.
- What papers should I bring, such as a denial letter or court records?
Yes, bring any paperwork denying your request to purchase a gun as well as any records from criminal cases or mental health commitments.
