Litigation is an expensive process for the average person. For example, when you file a typical civil case in Thurston County, the clerk charges a filing fee of $240. Depending on the type and complexity of the case there may be many other filing fees required before the case is finished ( Costs_TC_2016 ).
Some attorneys charge different amounts for different types of work, billing higher rates for more complex work and lower rates for easier tasks. Attorneys usually bill in 1/10 th of an hour increments, meaning you will be charged 1/10 th of the hourly rate for every 6 minutes the attorney spends on your case.
Typical hourly rates range from $100 per hour in more rural areas to $300+ in more metropolitan areas. Attorneys that have extensive experience or education in a particular area will usually charge more than the average hourly rate to compensate for their specialized knowledge.
Depending on the case, rates are often negotiable, usually by limiting the lawyer’s responsibility for certain aspects of the case that the client could do on his own or that can be done by another attorney for cheaper. Also, clients can take proactive steps to reduce legal costs.
What You Should Tell Your Lawyer. If you have been accused of a crime, you are probably feeling anxious and worried. Whether or not you actually committed the action of which you are accused, it’s normal to feel nervous about appearing in a court of law before a judge, jury and prosecuting attorney. After all, the outcome of your legal case could ...
If you are worried about divulging certain facts about your case, the best thing for you to do is to find an experienced attorney and hire them to represent you. Remember, you only have attorney-client privilege with a lawyer who is representing you. Only discuss the details of your case with an attorney whom you have hired to represent you in court. If you admit guilt to your lawyer, it may actually help your case in the long run.
If lawyers violate this privilege, they could lose their license to practice law and permanently damage their reputation. Unless you give up your right to attorney-client privilege or if your lawyer believes you are about to commit a crime, your lawyer is ethically bound to keep your information secret from anyone else.
Attorneys are sworn to protect information that you divulge to them after you have hired them to represent you. This is known as attorney-client privilege. Essentially, once you have hired an attorney, they are legally bound to protect the things that you tell them regarding your case.
Your lawyer cannot defend you using information that you do not tell them. For this reason, it is in your best interest to share as much information as possible with your attorney.
You might be so worried about your case that you want to hide some things from your lawyer. You might be worried that, if you reveal too much to your attorney, they will turn you in to the police or forfeit your case. Before you decide to keep things from your lawyer, there are some things that you should know about the attorney-client relationship.
Even a person who is guilty of a crime deserve s to have a fair trial so that the prosecution has to explicitly prove their charges.
If your lawyer is unwilling to discuss the bills, you should put your concerns in writing, and consider ending the relationship.
Failure to collect a large legal fee can endanger the lawyer’s standing in his firm and within the larger legal or client community. Fee collection claims often lead to ethical complaints, and counterclaims for malpractice, fraud, breach of fiduciary duty, or breach of contract.
Lawyers will often refer to agreements they have with clients, typically drafted by the lawyer at the beginning of the engagement, as evidence that a client agreed to certain payment terms. For example, there may be agreement as to hourly rates, staffing, or contemplated courses of action.
Despite this, lawyers often tell their clients they are entitled to a “bonus” over the agreed-upon fee because the matter has become more difficult than expected or because of an unexpectedly favorable result. It is common for such a lawyer to “negotiate” the increased fee in the middle of an engagement.
If the representation is over, you may feel compelled to pay outstanding bills, even if they are outrageous, since your lawyer is the last person you want as an adversary in litigation. You recognize that your lawyer possesses superior knowledge about the legal system that will determine any billing dispute.
Where money has been advanced in anticipation of future services, the lawyer is usually required to keep the money in a client trust account. The trust account money is considered property of the client in most jurisdictions. The lawyer has a right to withdraw the money after the fees are “earned” by the lawyer.
Unless specified in the retainer agreement or other agreement, you should not have hourly charges for non-legal personnel such as photocopy operators, secretaries, messengers, librarians or receptionists.
Some common legal fees and costs that are virtually inescapable include: 1 Cost of serving a lawsuit on an opposing party; 2 Cost of filing lawsuit with court; 3 Cost of filing required paperwork, like articles forming a business, with the state; 4 State or local licensing fees; 5 Trademark or copyright filing fees; and 6 Court report and space rental costs for depositions.
Factors considered in determining whether the fees are reasonable include: The attorney’s experience and education; The typical attorney fee in the area for the same services; The complexity of the case; The attorney’s reputation; The type of fee arrangement – whether it is fixed or contingent;
A written contract prevents misunderstandings because the client has a chance to review what the attorney believes to be their agreement.
Attorney fees and costs are one of the biggest concerns when hiring legal representation. Understanding how attorneys charge and determining what a good rate is can be confusing.
Flat rate legal fees are when an attorney charges a flat rate for a set legal task. The fee is the same regardless of the number of hours spent or the outcome of the case. Flat rates are increasingly popular and more and more attorneys are willing to offer them to clients.
The agreement may provide that if the amount in the trust account dips below a certain amount, the client must replenish it by putting more funds into the account. If there is money from the retainer fee remaining at the end of the representation, the attorney is required to refund that amount to the client.
Attorneys usually bill in 1/10 th of an hour increments, meaning you will be charged 1/10 th of the hourly rate for every 6 minutes the attorney spends on your case. The most common billing frequency is monthly, however, some attorneys will send bills more frequently, others less frequently.
Personal jurisdiction relates to limitations placed on the courts to protect you from being sued in a state where you have not done business. The venue question is similar and requires the court that has the most connection to the case or the parties to preside over the case. The venue and personal jurisdictional defenses, if not raised immediately, will be waived and you won’t be allowed to raise them at a later date.
Even if your general liability policy does not cover contract disputes, some provide coverage for claims based on trade secrets, defamation, environmental damage, software, and malware related claims, and other non-negligence type claims. Let the insurance company evaluate whether there is coverage, even if you believe there is none. While coverage may not be guaranteed, what is certain is that the failure to notify the insurance company of the suit in a timely fashion will jeopardize any coverage you may have had.
You should: follow through on what you agree to do. prepare a written summary and chronology of events. tell your lawyer everything. understand that your lawyer has a duty to keep whatever you say confidential. inform your lawyer of new developments. respect your lawyer's time and schedule.
When you initially retain counsel, your lawyer should: explain the options available in your legal matter. discuss strategy.
Bar associations tasked with monitoring attorneys go after lawyers who steal or violate specific ethical rules—not lawyers who just aren't very good. Part of the reason is that what constitutes a "good job" is somewhat relative. For instance, a client might expect an acquittal in a criminal case.
Communication problems create problems in all types of relationships—including between an attorney and client. If you don't know what's going on in your lawsuit, you might assume you have a bad lawyer. To the contrary, your attorney could be doing a great job. Either way, a lawyer who doesn't communicate case progress is invariably increasing, not decreasing, your stress.
When you hire a lawyer, it's important that your fee agreement is in writing and that you understand it. It's a simple way to avoid a common cause of contention with clients—the legal bills.
For instance, it's common to hear less frequently from a lawyer who is in trial. But someone in the office should be able to explain when you'll hear from your attorney and assure you that the office is handling your case appropriately. Find out how to hire the right attorney.
For instance, a client might expect an acquittal in a criminal case. However, other private criminal attorneys might consider a reduction from a felony to a misdemeanor charge a job well done.
Billing at an attorney's rate for work done by a paralegal or legal secretary. Complaints regarding over-charging for time spent on a case. The first thing that you should do upon finding and hiring the right lawyer for your case is to make sure that you get the fee agreement in writing that you can understand.
Lawyer communication, competency, ethics, and fees are important aspects of an attorney-client relationship. As a summary you can expect your lawyer to do the following: 1 Give you advice about your legal situation 2 Keep you informed about your case 3 Tell you what he or she thinks will happen in your case 4 Allow you to make the important decisions regarding your case 5 Give you an estimate about what your case should cost 6 Assist you in any cost-benefit analyses that you may need 7 Keep in communication with you 8 Inform you of any changes, delays or setbacks 9 Give you the information you need to make good decisions, and 10 Prepare you for your case, including deposition and trial preparation.
Lawyer communication refers to the correspondence and communication between a client and his/her attorney. If you have a lawyer communication problem, you may be wondering if you have a bad attorney or if he or she is doing a poor job on your case. You should know that many states have laws regarding when and how a lawyer must communicate with clients.
If your attorney does not respond within a business day, he or she should provide you with a reason why they were unable to answer your question (typically, if your lawyer is working on multiple cases, he or she may be tied down in court on some days).
Fees. Disputes regarding attorneys' fees are perhaps the most common problem that clients have with their lawyers. Fee disputes typically arise for many reasons, but the following are the most common: Complaints about bills being too high. Disagreements over what kinds of fees would be charged to the client.
Disagreements over whether an itemized bill would be given. Concerns that a lawyer spent too long on a task that should have been relatively easy. Argument that because an attorney did a bad job, the bill should be reduced. Billing at an attorney's rate for work done by a paralegal or legal secretary.
Each lawyer is different and may take on the matter for the limited purpose of writing a demand letter - however, if the matter does not settle after a demand letter, you will need to follow through with filing suit, which will require the assistance of an attorney as well. Good luck.
Every attorney will charge a different fee. It's not the letter you are paying for, its representation for the entire law suit. No attorney good will only write a letter simply to threaten a law suit.
Lawyers generally can choose how much to charge clients. The vast majority of states simply require an attorney’s rates to be reasonable, with no explicit maximum dollar amount. Many factors affect how an attorney sets his or her rates, such as: 1 The lawyer’s experience or specialization in the area of law 2 The complexity of the case 3 The number of hours the lawyer expects to work on the case 4 The number of additional lawyers or support staff that the lawyer will need to adequately represent the client
A lawyer may charge an hourly rate, work on contingency, or charge a fixed fee.
Under a fixed fee agreement, the client pays a set amount regardless of how many hours the attorney works on the case and regardless of the outcome. This type of agreement is often the most affordable and usually used for standard, simple legal issues, such as expunging a criminal record or drafting a will.
Many factors affect how an attorney sets his or her rates, such as: The lawyer’s experience or specialization in the area of law. The complexity of the case. The number of hours the lawyer expects to work on the case.
Depending on the case, rates are often negotiable, usually by limiting the lawyer’s responsibility for certain aspects of the case that the client could do on his own or that can be done by another attorney for cheaper. Also, clients can take proactive steps to reduce legal costs.
Generally, the client will not have to pay the lawyer unless the client wins the case. A typical contingency agreement will allow the lawyer to keep one-third of the money damages a client receives upon winning the case. If the lawyer loses the case, the client would not have to pay the lawyer anything.
Like all professional services , however, an attorney’s legal help likely will not be free. Most lawyers offer a range of fee payment options so clients can find the best fit for their budget, and all lawyers have fee agreements that inform clients of any additional costs up front.