Where possible, we offer fixed or “flat” fees for a particular service, including many court cases. We do this to help clients control their costs and to provide realistic, upfront expectations about charges for legal advice and services. These fees depend upon the circumstances of the case and the amount of work that needs to be done. Many lawyers simply charge an hourly rate for their services and in some cases (such as where the amount of work cannot be controlled) this is, indeed, the most appropriate fee arrangement. You should consider these points in evaluating any proposed fee arrangement:

1. Time. The most important variable is the amount of time the lawyer and firm employees spend on your case. This factor is significant in developing flat fees. For hourly fee arrangements, most lawyers who charge by the hour have a minimum billing increment of 1/10 of an hour. In an hourly fee arrangement, you will be charged for all the time the lawyer actually spends working on your case, including research, writing, and phone calls made to discuss you legal matter. Many lawyers will charge a separate hourly rate for work performed by the lawyer’s staff. A lawyer’s ability, experience and reputation are central to determining a fee or hourly rate. Expect to pay a rates that are commensurate with the market for a lawyer with specialized experience in particular area of the law.

2. When to Discuss Fees. You should do so at the start. For hourly fees, the lawyer may not be able to forecast the exact amount of time and effort required, but will be able to give you an estimate based upon past experience. Often, neither the lawyer nor the client can tell at first how much work will be involved or what result is likely. You should not hesitate to discuss fees at any time during the handling of your legal matter.

3. Responsibility for Attorney’s Fees. The client must pay the fee and expenses. In some cases that go to court, a judge may award a partial or full fee to be paid by the other side, but this does not release the client from the obligation to pay his or her lawyer. Some fee judgments are not collectable and others cover only a part of the services rendered.

4. When Fees Are Paid. Many lawyers will require a retainer fee, or advance deposit, to apply against expenses and fees that are incurred. You should expect to pay this when you ask your lawyer to represent you. In hourly fee cases, you should ask the lawyer for a monthly billing with an itemized account of services performed and expenses paid. Any questions you have about the billing should be made as you receive the monthly statements.

5. Ways to Limit Legal Fees. Helping to gather and organize factual information will maximize your chance for a successful outcome and also help you limit your expenses. Write down the names, addresses and telephone numbers of all persons involved and all facts you can recall that pertain to your case. Doing this yourself will cut down on the time the lawyer will have to spend gathering the information. Other ways to limit your fees include the following: (1) Take any papers relating to the case to the first interview; (2) Be as brief as possible in all interviews with the lawyer; (3) Do not allow emotion to color the facts you provide; be as accurate as you can; (4) Make a full and honest disclosure to the lawyer of all the facts…good or bad. The lawyer will keep all facts in strictest confidence; (5) Avoid unnecessary telephone calls to the lawyer; and (6) Get legal advice before signing documents or taking legal action.

In general, you should consider the financial advantages or disadvantages of a proposed legal action by discussing it with the lawyer. For example, would the court costs and legal fees be more than the amount of a bad debt you would like to recover?