It depends on the attorney. Most attorneys that I know do not charge mileage and they simply deduct mileage off of their taxes or have their firm reimburse them for their mileage. Some attorneys charge for travel time and some do not. Some reduce the fee for travel time versus their normal hourly rate (because it is less laborious).
Jan 03, 2020 · Moreover, many courts do not permit block billing because it hinders effective reimbursement of attorney fees following a judgment. A more effective way of billing is to itemize each independent activity and its corresponding time. Record Time Promptly Recording your time immediately after you complete a task is the best way to ensure accuracy.
Aug 09, 2017 · Time and Travel. For the most part, attorneys won't bill you at their hourly rate while they are traveling. But that doesn't mean you won't end up paying for that time, in a way. Lawyers on hourly fee arrangements may ask to be reimbursed for travel costs, just as they would for other legal costs like filing fees and court costs. While you might not be paying for the 30 …
U.S. perspective. If a lawyer is billing based on time rather than a fixed fee, then yes, s/he can bill for travel time to and from a meeting location (whether the client’s office or otherwise) because that is part of the time incurred to render services to the client. If the client does not want to pay for the lawyer’s travel time, then the client should come to the lawyer’s office.
Jul 31, 2018 · To be sure, a lawyer and client can negotiate a fee agreement that provides for travel time billed at less than the lawyer's full rate, but simply imposing that requirement arbitrarily, whether done by a court sua sponte or in response to a trustee's objection to a fee, is nonsensical. Reply November 14, 2008 at 12:20 PM David Hricik said... John,
Minutes | Time |
---|---|
31-36 | .6 |
37-42 | .7 |
43-48 | .8 |
49-54 | .9 |
Before signing any fee agreement with an attorney, make sure you are clear on exactly what costs and fees are included and who is responsible for which.
Aside from an initial consultation or contingency fee arrangement, most lawyers aren't in the business of giving their time and advice for free.
There may be some attorney fee arrangements that don't put you on the hook for travel expenses, and there may be others that unexpectedly do. For example, a contingency fee agreement (where you only pay if you win your case) may have your lawyer or firm take on travel expenses, or it may include them to be taken out of your award at the end.
For the most part, attorneys won't bill you at their hourly rate while they are traveling. But that doesn't mean you won't end up paying for that time, in a way. Lawyers on hourly fee arrangements may ask to be reimbursed for travel costs, just as they would for other legal costs like filing fees and court costs. While you might not be paying for the 30 minutes it took your lawyer to drive to your house, you may be paying for the gas it took to get there.
Fourthly, there is the issue of the duty of the lawyer to give their services ‘without discrimination’, also known as “ the cab rank rule [ 1] ”; this means a lawyer cannot deny a client his services just because they have a ‘moral repugnance’ to the client.
If a lawyer is billing based on time rather than a fixed fee, then yes, s/he can bill for travel time to and from a meeting location (whet her the client’s office or otherwise) because that is part of the time incurred to render services to the client.
In In re Babcock & Wilson, 526 F.3d 824 (5th Cir. 2008), the court addressed whether the district court had erred in awarding a firm only 50% of its usual hourly rates for time its lawyers spent traveling, but not working, in a bankruptcy proceeding.
In In re Babcock & Wilson, 526 F.3d 824 (5th Cir. 2008), the court addressed whether the district court had erred in awarding a firm only 50% of its usual hourly rates for time its lawyers spent traveling, but not working, in a bankruptcy proceeding.
Don’t short yourself that billable time. But be realistic about how many hours you can bill in a day. Not everything lawyers do is billable; an 11-hour day at the office might only yield eight billable hours. And that is OK.
Some firms require that lawyers enter their billable time daily or weekly, though bills usually go out monthly. Even if your firm doesn’t require you to enter time daily, this is the best approach to ensure you capture all the billable work you perform. Any lawyer will tell you that this is easier said than done, but I promise that you will lose time if you put it off, especially as a young lawyer. You’ll forget about emails you sent, phone calls you took, and other “small ticket” items that add up over a month. This hurts the firm and your progress toward your billable-hour goal.
Double billing is simultaneously billing two clients for work performed during the same block of time. The temptation to do this occurs most often when lawyers travel. Say the lawyer spends two hours flying to attend Client 1’s deposition. While the lawyer is on the plane, she uses that time to work on projects for Client 2. Some clients don’t allow lawyers to bill for travel time, and under that circumstance, the lawyer could only bill the time spent working for Client 2 anyway. But when clients will pay for travel costs, the lawyer may be tempted to bill Client 1 for the time spent traveling and simultaneously bill Client 2 for work on their projects. Voilà—the lawyer has magically made four hours of billable time out of two hours. While none of the comments to Rule 1.5 or Rule 8.4 explicitly address double billing, legal ethics experts agree that double-billing violates these rules.
You need to know what you can and can’t bill for so you can avoid both spending excessive time on work that clients won’t pay for and entering time for unbillable tasks.
But at most firms, you can and should bill for tasks like reading and sending emails; taking and making phone calls; reviewing accident reports, medical records, and discovery documents; and speaking to clients, opposing counsel, and witnesses.
Most seasoned lawyers recognize that summer associates and young lawyers generally are not good at billing. Most new lawyers don’t get comfortable with billing until they are third- or fourth-year associates.
While the lawyer is on the plane, she uses that time to work on projects for Client 2. Some clients don’t allow lawyers to bill for travel time, and under that circumstance, the lawyer could only bill the time spent working for Client 2 anyway.
If you still believe the charge to be unreasonable, you can contact the relevant Bar association, but I doubt they will give you a different answer.
Mediation is the last chance you have to actually have a say in how the case turns out. The mediation doesn’t work, then a judge or a jury’s gonna decide your case.
A one-day mediation costs maybe $2K - $3.5K, plus the parties' costs and expenses (like attorney hours, travel, etc.) depending on the duration and other variables. The parties split that cost. They get their outcome immediately and they avoid many hours of attorney time, possible expert witness time, etc.
The optimal time to do a mediation is late enough in the case so that the parties fully understand what is at stake, but early enough to avoid all the experts and other costs, and cut down on attorney time.
Most jurisdictions and most companies only permit billing for travel time if substantive work is being completed simultaneously while travelling (i.e. an attorney is working on documents while o
Yep. Attorney cannot do other work during that time .
Unless you are the proverbial ‘fool with money’ you do not have to pay lawyers full fees for travel time, As Nathan points out, the worst deal for a client should be paying 1/2 the standard rate for travel time, assuming that they are not also billing for work done during travel.
It depends on the attorney. Most attorneys that I know do not charge mileage and they simply deduct mileage off of their taxes or have their firm reimburse them for their mileage. Some attorneys charge for travel time and some do not. Some reduce the fee for travel time versus their normal hourly rate (because it is less laborious).
I believe that the key lies in what your retainer agreement states. I think it is not proper to charge but mileage and an hourly rate for travel. This is one of the questions that should be asked when a client interviews a new attorney.
I agree with the prior answer, but would like to add that you should carefully review your retainer letter with your attorney. Most such agreements do describe the types of fees and costs that will be incurred. Also, if you have already received a bill or more, you should go back through those...
An employee is in a travel status only for those hours actually traveling between the official duty station and the point of destination, or between two temporary duty points, and the usual waiting time which interrupts travel.
Officials to whom authority has been delegated to authorize or approve travel on official business are responsible for determining whether travel outside the regularly scheduled workweek meets any of the conditions for hours of work.
When an employee performs compensable overtime by traveling to an event which could not be controlled or scheduled, he or she is automatically eligible for compensation for return travel to his or her duty station.
Waiting time. Usual waiting time between segments of a trip or at common carrier terminals counts as worktime for premium pay (up to 3 hours in unusually adverse circumstances, e.g., holiday air traffic, severe weather) provided travel away from the duty station is compensable because it meets any of the conditions of this Section.
In order to meet the intent of the law as defined in the majority of Comptroller General decisions, work performed while traveling must be work which is inherent in the employee's job and which can only be performed while traveling, e.g., chauffeuring, hurricane reconnaissance performed aboard a plane flying into the eye of the hurricane, etc. Discretionary work such as review of a scientific presentation by a scientist or treaty papers by a foreign service officer enroute to a meeting is work which could be performed in an office independently of travel and does not satisfy the definition of work while traveling and is, therefore, not compensable for purposes of overtime. (B-146288, January 3, 1975)
One-day travel as a passenger to and from a temporary duty station (not including travel between home and the employee's normal duty station).
Travel on overtime to and from a meeting arranged at the discretion of two Federal agencies is not compensable since agencies have it within their power to ensure that the employee travels during work time (B-146288, January 3, 1975 et alia).