FAQs


Potential clients often ask what information I need to review to decide whether to take a particular case, how I am compensated for my work, whether I become their attorney from the time they contact me, whether the information they provide me is confidential, and whether there is a federal court in their area. These questions are addressed below.

What does James L. Johnson need to review to decide whether to take an ERISA case?

In order for me to determine whether I could represent you, I would want to review the following:

  • Any denial letter(s).
  • Any letter(s) that you submitted to appeal or otherwise challenge a denial of benefits.
  • The summary plan description ("SPD") that applies to the benefits in question.

The SPD is often available from your employer's human resources department, or on your employer's website. It is often available in electronic form, in which case it could more easily be sent by email.

These documents might be enough, or they may help me identify other documents to request, such as medical records.

What does James L. Johnson need to review to decide whether to take an insurance case that is not governed by ERISA?

In order for me to determine whether I could represent you, I would want to review the following:

  • Any denial letter(s).
  • Any letter(s) that you submitted to appeal or otherwise challenge a denial of benefits.
  • The insurance policy or certificate of coverage that applies to the benefits in question.

These documents might be enough, or they may help me identify other documents to request, such as medical records.

What does James L. Johnson need to review to decide whether to take a consumer-protection or warranty case?

How is James L. Johnson compensated for his work?

My typical contract is known as a "contingency fee" agreement: no fee is payable unless and until there is a recovery. My fee is typically calculated as a percentage of the net proceeds from any benefits, settlement, judgment or other recovery without any deduction for any taxes that may be payable on such proceeds. The net proceeds are the gross proceeds minus certain expenses I incur in pursuing your claim, such as court costs, expenses for court reporters, travel, expert witnesses, copying and postage. If no proceeds are obtained, I am not reimbursed for such expenses, and I receive no fee.

My typical contract includes terms to account for any separate payment of attorney's fees, since many of the types of claims I handle can include an award of attorney's fees. A separate payment of attorney's fees would reduce, or if large enough could eliminate, the fee I would otherwise retain from the remainder of the recovery.

I occasionally handle matters on the basis of an hourly fee. A sum is deposited in my trust account as a retainer. My fees and expenses are paid from the retainer. More funds can be added to the retainer if further work is anticipated. Any funds remaining after the work is completed are returned to the client.

Is an attorney-client relationship formed by contacting The Johnson Law firm?

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Contacting The Johnson Law firm (by telephone, internet, mail or other means) will not establish an attorney-client relationship.

An attorney-client relationship will be formed only when I agree to take your case and the terms of our agreement are expressed in a written, signed contract.

Are communications with The Johnson Law firm confidential?

Although contacting The Johnson Law firm (by telephone, internet, mail or other means) will not establish an attorney-client relationship, confidential communications with an attorney for the purpose of obtaining professional legal services from the attorney are considered, by law, to be privileged. Such confidential information provided to me, therefore, remains confidential even if I do not take your case and a formal attorney-client relationship is not formed.

Where are the federal courts in Texas located?

The federal courts in Texas are organized into four districts. Each district is organized into several divisions.

The Northern District consists of divisions in Dallas, Fort Worth, Abilene, San Angelo, Amarillo, Wichita Falls and Lubbock. The Southern District consists of divisions in Galveston, Houston, Laredo, Brownsville, Victoria, Corpus Christi and McAllen. The Eastern District consists of divisions in Tyler, Beaumont, Sherman, Marshall, Texarkana and Lufkin. The Western District consists of divisions in Austin, Waco, El Paso, San Antonio, Del Rio, Pecos and Midland-Odessa.