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The right attorney makes all the difference. |
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Hours |
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A lawyer usually computes a fee based upon an hourly rate. The rate may range significantly depending upon the experience and expertise of the lawyer, the circumstances and complexity of the case and where you are located.
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Time |
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Time is the basic element in determining a fee, making a lawyer's time very valuable. While many lawyers spend more than eight to ten hours per day on legal matters, much of a lawyer's time is spent becoming familiar with new and changing laws, attending continuing legal education courses, performing administrative duties, participating in bar-related activities, and volunteering in legal and community service programs.
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Ability, Experience, and Reputation |
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Law school training, combined with professional legal experience, constitutes a lawyer's legal education. If your lawyer possesses stronger experience or skills in one area of the law, a higher fee may be charged because those specific services are in special demand.
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The Results Achieved |
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In some cases, the result itself may determine the fee. For example, a lawyer may be entitled to a bonus for a favorable solution to a legal matter.
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The Contingency Agreement |
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In personal injury cases, the lawyer receives no fee unless money is recovered for the client.
If money is recovered, the lawyer is paid a percentage of that amount. This percentage will vary depending upon the amount recovered, the area of practice and the complexity of the case.
Generally, contingency fees are charged for auto accidents, workers' compensation cases, and malpractice and general negligence cases. However, you may be responsible for all costs, depending on the terms of the fee agreement. When no contingency fee arrangement has been made, the lawyer will expect to be paid whether you win or lose the case.
Always keep in mind that your lawyer cannot guarantee the outcome of any court proceeding. You may also be required to reimburse the lawyer for any actual expenses paid from office funds for items such as long distance telephone calls, investigators, medical reports and depositions.
These matters should be detailed in a written fee agreement. |
You should discuss the cost of legal services during the first interview with the lawyer.
The lawyer may not be able to determine the exact amount of time and effort required to handle your case, but should be able to give you an estimate based upon past experience. Sometimes a lawyer may quote a total charge for the work for the estimated time required on a particular matter. You should never hesitate to discuss fees at any time while the lawyer is handling your legal matter.
If you receive a statement and believe the fee isn't appropriate, talk it over with your lawyer. Usually, misunderstandings about fees result because the client is unaware of the extent of the lawyer's work on the case. This is by no means the client's fault. Clients who do not regularly see a lawyer may understandably believe that the activities of the lawyer are limited only to those evident.
It is always a good idea to obtain copies of all documents and correspondence pertaining to your case. Then, if you have any questions about the fee, it is the lawyer's obligation to provide answers!
Once you decide to hire the attorney, ask that your arrangement be put in writing. The writing can be a letter or a formal contract. Most lawyers will require a written fee agreement.
It should spell out what services the attorney will perform for you and what the fee and expense arrangements will be.
REMEMBER, even if your agreement remains oral and is not put into writing, you have made a contract and are responsible for all charges for work done by the attorney and his/her staff.
The time for payment of legal fees depends upon the type of legal service provided.
In many cases, your lawyer may require an advance payment, frequently referred to as a retainer, before agreeing to undertake the work. Some retainers are required only to assure the lawyer's availability, but most are considered as credit against services to be performed or will be applied to costs incurred from your legal matter.
Charges for services rendered which aren't covered by the retainer should be paid upon receipt. If you believe that you will not be able to pay the legal fees promptly, discuss this with your lawyer. You may be able to arrange a payment schedule.
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Write down the names, addresses and telephone numbers of all persons involved in
your legal matter, as well as all the facts pertaining to your case. Doing this
yourself will reduce the amount of time the lawyer must spend gathering
information. |
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Take any papers relating to your legal matter to the first interview with the
lawyer. |
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Be as brief as possible in all interviews with the lawyer without leaving out
any of the facts. |
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Be as accurate as possible when relaying the facts of your legal matter to the
lawyer. |
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Consult your lawyer promptly, if you anticipate filing a civil claim, are facing
criminal charges, have a family legal matter, or are facing a trial for a
traffic violation. |
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