Cap & Kudler was established in 2004 by Allen A. Cap, Esq. and Donald C. Kudler, Esq. after the two had worked together several years for Albert D. Massi.
Since starting Cap & Kudler, we have continued to work in the personal injury field. We have also broadened our practice to include transactional issues such as contract interpretation, counseling clients, and non-personal injury litigation involving individuals and businesses.
I review documents for clients to give them a legal interpretation of those documents and how they may be affected. I have done more than 50 jury trials, as well as a few bench trials (trials where the judge is the finder of fact as well as the finder of the law). Most of these have been personal injury cases, a few have been business and other, non-personal injury cases. Of course, it is often better for the client to avoid trials, as they are costly and involve a certain amount of uncontrolled risk. In order to do so, I try and resolve cases either before or during the litigation process. When available I try to employ alternative dispute resolution methods, such as arbitrations, mediations, and short trials. These have the benefit of reducing costs and risks to the client. Sometimes, the best way to avoid litigation is to make sure that documents are properly drafted, set forth all of the necessary elements, such as what to do in case of a breach of contract, and require an alternative form of dispute resolution. I am here to help my clients with those issues.
We offer free consultations for personal injury cases for the time necessary to discuss the case with the clients, the issues involved in the case and any plan for representing them. Our fee for other clients starts at $200 for an initial consultation of up to an hour. Fees will be higher if there is a need for longer consultations and/or preparation time for more complex issues. Because we understand that our clients' time is as valuable to them as ours is to us, we may want time to review documents and the relevant prior to the consultation in order to conduct the consultation in a meaningful and efficient manner.
Our Personal Injury clients are represented on a contingency basis. They pay 33 1/3 percent of the gross recovery, plus costs, for cases that settle before the initiation of mediation, arbitration or lawsuit or 40% of the gross recovery, plus costs, for cases that settle after any form of litigation is initiated.
Our traffic citation clients pay a flat fee depending on the complexity of the case. The rest of our clients pay an hourly rate that varies dependent on the complexity of the case.
Monday through Friday
9:00 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m.
I just kind of fell into the personal injury area of law. Now, I am working more in the areas of business, transactional, and non-personal injury litigation by choice.
Because we think our clients should be educated, my partner, Allen A. Cap, Esq., each writes a Blawg (law blog). Allen's Blawg can be found at vegaspersonalinjurylawbog.com/blog and mine can be found at vegaslitigator.com/blog. We also include educational information on our website.
As far as self help goes, people should understand that it may not be current and that it may not be complete. I think it is a good idea for people, my clients included, to know the basics of law that might affect them. At the very least, they should understand some, if not all, of the issues that may arise out of various activities. I have done so in cases where I have helped clients, friends and family work in this and other countries. I have found that, whatever profession the other person I am dealing with is in, they respect my attempts to understand their field and their language. It also better prepares me to be precise and interact in a more meaningful manner.
I am always happy to take a look at documents prepared by clients. I have seen many situations where individuals decided to prepare their own contracts or other documents that were insufficient for their intended use. This is all well and fine if nothing goes wrong or no one has any issues with the document or the interactions between the parties. But, where a problem with the document or the interactions arises, a poorly written contract or other legal document could cause more trouble than if it had not existed. I do expect to be paid for my time in reviewing documents for clients in need of my services.
This question is very difficult for me to answer. As the saying goes, "A man who represents himself has a fool for a client." That being said, there are times, mostly outside of the courtroom, where self representation makes sense and I am willing to give clients advice on how to handle a situation. These are typically situations where a cost benefit evaluation shows that it is not worth retaining an attorney. I have had occasions where clients have called with issues in small claims court and the amount that they would have to pay me to make an appearance in court is more than the case is worth. In those cases, I advise the client on what will be needed in the court case and how best to proceed.
Albert D. Massi 11/94 - 4/04 as an associate in a firm practicing primarily personal injury.
Robert A. Massi 11/93 - 11/94 as an associate handling personal injury cases and various legal issues as a representative of Pre-Paid Legal Services
I think my history of working with people in sales and service, as well as my business education, helps me to understand the issues people face and how to talk with them on an appropriate level.
I speak plainly. I do my best to make sure that the clients understand what is going on in their case or other issue and what will happen in the future. I do the same with the jury. The person they meet is the person the client meets. I believe that talking to the client and/or jury, as opposed to talking down to them, is the best way to communicate.Personal interests:
I like to spend time with my wife, Ondine Darcyl. We met online, fell in love and got married eight months later. We travel to Argentina to see her side of the family and to Los Angeles to see mine. We go to New York to spend time listening to jazz and seeing her friends who I have come to like and admire. We like to spend time at home with our dogs. We like to take weekend trips to see different areas. My taste in music varies from classical and jazz (thanks to my wife), to blues and hard rock. I like to go into the mountains to be away from the city every now and again. I like to snow ski, bike, and swim for exercise.
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