Legal FAQ


  • Q:How do I know if I have a medical malpractice case?

    A:“Among most frequent calls we receive here are from clients who believe a victim of medical malpractice. Medical malpractice is simply negligence by medical professional — Carelessness by a doctor, nurse or medical professional. How do you know whether you have a case? Well it requires us to meet with you to review all the relevant medical records and eventually to consult with a medical expert in the particular area of medicine that is involved.” —E. Stewart Jones
    Contact us now to discuss your case with one of our experienced attorneys.

  • Q:How do I choose a lawyer?

    A:“When choosing a lawyer you need to look at the lawyers history, the lawyers experience, your particular case, the expertise of that lawyer in that field, the reputation within the community of that lawyer the respect that that lawyer has within that community both with lawyers and with judges the reputation that the lawyer has outside of the community with other lawyers that are removed from the community. You need to know how long that lawyer has been doing what he does, how well he does it and what is the lawyers track record and how deeply does he care about his clients, how personal is the service you are going to receive.” –E. Stewart Jones
    Contact us now to discuss your case with one of our experienced attorneys.

  • Q:I’ve been arrested, do I need a lawyer?

    A:“If you are arrested it’s a serious situation. You need to call a lawyer immediately we are available 24/7. You will always speak with a lawyer.” — E. Stewart Jones
    Contact us now to discuss your case with one of our experienced attorneys.

  • Q:How do I hire the right lawyer?

    A:“Every attorney at E. Stewart Jones Hacker Murphy has a passion for justice and everyday we translate that passion into action for our clients in courts throughout NYS. We have a core value that underlies every representation – We never let anyone out work us and we never let anyone out think us.” – James C. Knox
    Contact us now to discuss your case with one of our experienced attorneys.

  • Q:How do I know if I should file an appeal?

    A:“Filing an appeal is a complicated, time sensitive process. It’s not the kind of thing you need to undertake lightly. It means you’ve already lost in a lower court and you are asking a higher court to reverse that result. In many ways it’s your last chance to get the result you want. A lot of other firms might expect you to pay up front for the entire cost of an appeal. At E. Stewart Jones Hacker Murphy, what we do is we charge an initially retainer that’s a fraction of the entire appellate retainer cost in order to analyze your case and properly advise you about your chances of success on appeal. We’ll give you our best guess as to whether or not you should go forward. But we leave it up to you whether at that point you want to undertake the entire expense of an appeal and you want to go forward with it. We’ll never ask you to pay for something that we think has no chance of success.” – James C. Knox
    Contact us now to discuss your case with one of our experienced attorneys.

  • Q:I’ve been injured on a construction site, do I have a case?

    A:“If you’ve been injured on a construction site chances are not only has that injury impacted your ability to do your own job it has also impacted your ability to provide for your family. Call us for a free consultation. We’ve handle all types of construction site accidents and we know how to protect your rights.” — James C. Knox
    Contact us now to discuss your case with one of our experienced attorneys.

  • Q:How much is a lawyer going to cost?

    A:“How much do we charge? Every case is different and every client is different the only way to know what the appropriate fee is, is to talk to you. We’ll learn what you’ve been charged with, where you’ve been charged and we’ll learn about all the facts and circumstances that surround the crisis that you’re in. Facing criminal charges is one of the most scary times in a persons life and the last thing they want to worry about is can I afford to hire a competent attorney to defend my case. Call us we’ll be able to tell you right from the outset what the price will be if you choose to retain us and every time you call like that it will be free. Our reputation precedes us but just because you think we are an elite law firm doesn’t mean that you can’t afford us we have very competitive fees.”
    Contact us now to discuss your case with one of our experienced attorneys.

  • Q:I have been arrested for DWI, what do I do now

    A:“I’ve been arrested for DWI, what do I do now? If you’ve been arrested and charged with DWI, you’ve been charged with a serious offense. Most people don’t realize driving while intoxicated is a crime and a conviction for driving while intoxicated can follow you for the rest of your life. Our attorneys are available 24 hours a day 7 days a week and the sooner you involve us in the process the more helpful we can be for you. DWI is serious and we take DWI defense seriously.” – James C. Knox
    Contact us now to discuss your case with one of our experienced attorneys.

  • Q:Do I have to answer police questioning?

    A:If you are a suspect or think you could become a suspect, you are within your rights to request an attorney before speaking with any law enforcement officer. By law, everything you say to your attorney is protected by the client-attorney privilege. Anything you say to law enforcement officers can be held against you.
    Contact us now to discuss your case with one of our experienced attorneys.

  • Q:What is a contingency fee?

    A:A contingency fee means that your personal injury attorney receives a legal fee only if a financial reward is obtained for you. At the law firm of E. Stewart Jones, our fee is based on a percentage of what we are able to obtain for you. In short, we don’t get paid a legal fee unless we win your case.
    Contact us now to discuss your case with one of our experienced attorneys.


  • Q:Can I switch personal injury attorneys in the middle of a case?

    A:Yes. You can fire or switch personal injury attorneys at any time, for any reason.
    Finding the right personal injury attorney for you in Albany can be difficult – and sometimes, you simply don’t get it right the first time. If you are in the middle of a personal injury claim and you have realized that your attorney is not the best choice for you or your case, you should know that you can look for a better lawyer for your needs and switch attorneys, or law firms, at any time and at no extra cost to you.

  • Q:How do I switch personal injury attorneys in New York?

    A:You can change personal injury attorneys during any phase of your case. The new lawyer notifies your former attorney in writing that you have switched attorneys. At that point, your former attorney will forward your file to your new attorney. The court and judge will be notified accordingly. You will not need to talk to you old lawyer.

  • Q:What are good reasons to switch personal injury attorneys?

    A:You may switch personal injury attorneys for any reason. However, there are a few common reasons that individuals choose to end their relationship with.

    - The lawyer was not responsive to your questions, needs, or concerns.
    - The lawyer did not respect your wishes.
    - The lawyer did not have the experience needed to take on your case.
    - The lawyer made a serious mistake while working on your case.
    - The lawyer was discourteous or disrespectful.
    - The lawyer was moving your claim forward too slowly.
    - The lawyer is ill or has passed away.
    It is important to note that it is okay to switch attorneys even if a large mistake was not made – you may switch attorneys simply because you feel that your current attorney is not a good fit for you, or simply because you’d like someone more thoughtful, thorough, efficient, or compassionate.

  • Q:Will switching personal injury attorneys result in higher fees or cost more money?

    A:No. You will pay only one attorney fee in your personal injury case and only if you win compensation. It is the responsibility of your former attorney and your current attorney to split the fee in a way that is fair, based on the percentage of work that each did on the case.

  • Q:Will changing personal injury attorneys delay my case or compensation?

    A:No. As long as you pick a new attorney for your case in good time, your case should not be stalled in any significant way. Your former attorney will simply deliver your case information to your new attorney and your claim will move forward as usual after the court is notified.

  • Q:How can I find an Albany personal injury attorney who is right for me?

    A:It is not too late to find a new attorney who meets your needs, listens to your concerns, and fights for your rights with passion and knowledge. If you are looking to switch Albany, Schenectady, Troy or Saratoga personal injury attorneys, our best advice is to simply connect with a few alternative choices to tell your story and ask all of your questions. Base your choice both on each attorney’s answers, as well as whether you feel comfortable and confident while talking to the attorney. At E. Stewart Jones Macker Murphy, we offer personal attention and passionately believe that each of our clients are far more than just a number. If you would like to speak to us about your case, switching attorneys, or our legal experience, please call us today at 518-730-7270 to schedule a free confidential informational consultation or fill out our electronic contact form.


  • Q:What is the difference between criminal procedure and civil procedure?

    A:When a crime has been committed, action is taken by a government agency against the person, persons, organization or other entity that violated the law. The first purpose of a criminal prosecution is punishment, which frequently consists of a fine or jail time. In a civil matter, the dispute is between two or more individuals or entities. The first purpose of a civil prosecution is obtaining compensation for the wronged person or entity. Settlement in a civil matter is generally an award of a money judgment. A criminal sentence is not imposed in a civil matter.
    Contact us now to discuss your case with one of our experienced attorneys.

  • Q:If arrested, what steps can I take on my behalf?

    A:1. Do not discuss your situation with anyone except your attorney.

    2. Unless your attorney says otherwise, do not discuss your case with law enforcement.
    3. Request to have your attorney present if you are to be put in a lineup or subjected to testing.
    4. Remain calm and courteous. Allow your attorney to speak for you to ensure that your rights are protected and you are given all the benefits afforded to you under the law.
    Contact us now to discuss your case with one of our experienced attorneys.

  • Q:If I hire an attorney but do not want to go to trial, can I settle?

    A:In the course of preparing a case for trial, your personal injury attorney will work with the defense attorneys and insurance companies in an effort to secure a fair settlement for you and your family. The final decision to accept an offer of settlement or go to trial is yours alone to make.
    Contact us now to discuss your case with one of our experienced attorneys.

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