what is a flat fee basis for attorney

Full Answer

What is a flat fee lawyer?

Grow Your Practice What Is a Flat Fee? A flat fee typically means that the lawyer charges a fixed, total fee. This is generally offered if your case is relatively simple or routine. Simple cases might include: Power of attorney.

What is a reasonable lawyer fee?

Lawyers are ethically obligated to charge only "reasonable"—and not excessive—fees. The method used to charge fees is one of the things to consider in deciding if a fee is reasonable. You should understand the different fee structures before you make any hiring decision.

What are the different types of attorney fees?

There are several common types of attorney fees and fee arrangements: 1. Consultation Fees: Some attorneys charge an upfront fee, usually on a flat rate basis, to meet with the attorney and determine whether s/he will be able to assist you with your legal issues.

Why choose Flat fees?

With flat fees, it’s easy to quote a price based on how simple you expect a project to be. I made the mistake of quoting a low price for someone who wanted a simple contract.

How are flat fees calculated?

How to Determine the Price of Flat Fee Legal ServicesEstimate the Value Your Client Receives.Determine Your Own Costs.Find a Win-Win Price in Between.Summary.

Is a retainer the same as a flat fee?

Security retainers: Deposit or lump sum fee paid in advance into a trust account. Funds are withdrawn from the account every time work is completed. Special retainers: Flat fee for a specific case or project. These function as complete, up-front payment in anticipation of legal services to be completed in the future.

What is a contingent fee basis?

A contingency fee is a form of payment to a lawyer for his/her legal services. In contrast to a fixed hourly fee, in a contingent fee arrangement lawyers receive a percentage of the monetary amount his/her client receives when they win or settle their case.

What is a fixed fee arrangement?

Fixed or Flat Fee Agreement A fixed fee agreement is an agreement where the client pays a fixed fee for the legal representation, regardless of the time the attorneys and staff put into the case.

What is a flat retainer?

Retainer Ring Assemblies are used to secure the bottom of the flag to the flagpole in Internal Halyard Systems. Additional Retainer Ring Assemblies are also recommended for multi-grommet flags used on larger Internal and External Halyard flagpoles, flags flown in higher wind areas and when flying multiple flags.

Is a retainer fee refundable?

Most frequently, the client agrees to a security or an advanced payment retainer where payment for services is drawn from the monies held in trust. Here's the kicker—only the true retainer is non-refundable. Unearned funds from either a security or advanced payment retainer must be refunded at the end of the work.

What do most lawyers charge for a contingency fee?

To put it another way, with a contingency fee, payment for your attorney's services is "contingent upon" your receiving some amount of compensation. Your attorney will take an agreed-upon percentage of your recovery. This percentage is often around 1/3 or 33%.

What is a 20% contingency?

Phase Contingency This contingency is normally calculated as a percentage. If the phase is 100 days of effort, contingency at 20% would be another 20 days. As the project progresses, the level of risk reduces as the requirements and issues become known, so the percentage will be reduced.

What type of case may be taken on a contingency basis?

Typical sorts of cases that lawyers will take on a contingency fee include those involving: personal injuries. employment discrimination. sexual harassment.

What is an alternative fee arrangement?

An alternative fee arrangement is loosely defined as any type of legal fee arrangement where a client pays an attorney something other than a traditional hourly rate for the legal work performed.

What is a fixed fee retainer?

A retainer fee is an amount of money paid upfront to secure the services of a consultant, freelancer, lawyer, or other professional. A retainer fee is most commonly paid to individual third parties that have been engaged by the payer to perform a specific action on their behalf.

What is the opposite of retainer fee?

Under fixed pricing, or "flat fee arrangement," a fixed amount is paid by the client up front and covers all of the work to be performed.

Why do law firms use flat fee?

Flat-fee arrangements can put law firms under pressure to turn work in the shortest amount of time, so the firm can profit off the spread between the price commanded and the cost of labor required. However, a good law firm will recognize that only high-quality work will keep the client coming back for future engagements.

What happens if you negotiate an hourly fee?

If your negotiated price is lower than it would have cost at an hourly rate, you’ll end up saving money. Fewer fee disputes. Since you’ll know exactly how much you’re paying ahead of time, you’ll save a lot of time and energy by not haggling down unexpected attorney fees that could crop up on an hourly model.

What types of legal services are good candidates to be charged as a flat fee?

Flat fees are especially well suited for lawyers who handle a large volume of a particular type of matter or project. What makes a flat fee successful and profitable for lawyers is when you can employ consistent and standardized workflows.

Pricing and Flat Fee Rates

How does an attorney determine the type of work to bill on a flat fee basis and how to set fee rates? First, you need to take a step back and look at your own practice.

Benefits of Flat Fee Pricing

Incorporating flat rate billing will undoubtedly give you a competitive edge. It has been demonstrated that clients like the certainty of flat fees even if the attorney proposing a billable hour arrangement “estimates” a lower fee.

The Ethics of Fixed Fee Arrangements

Many state bars still want attorneys to record their time, even when using a flat fee billing arrangement. Otherwise, it is difficult to determine what constitutes a “reasonable fee.” And for this reason it remains the best practice to do so.

Fixed Fees Can Make You More Profitable

Depending on your practice area, flat fees can be a boost to profitability if managed correctly. It’s obviously easier to get started with transactional work than with complex litigation. But any type of repetitive work can lend itself to a flat fee.

Conclusion

The smart way for a small firm to give flat fee billing a try is to dip your toe in. Decide that over the next 12 months you are going to convert 10% of your firm revenue to flat fee billing. As time progresses you will get better and more efficient, and you will see the profit margin on your flat fee billings exceed those of the billable hour.

Lawyer Billing: Flat Fee

When I was a solo practitioner, I used flat fee billing for almost all of my work. I did not lift a finger on behalf of a client until I had a signed engagement agreement and their check cleared. My engagement agreement stated that fees were earned on receipt so I could deposit it directly into my operating account and bypass the trust account.

Lawyer Billing: Flat Fee Plus

What I refer to as “flat fee plus” involves charging a flat fee for a project with a limited scope and then charging the client your hourly rate for any work performed beyond that. This is what I currently charge to file a trademark with the USPTO — a flat fee to do a trademark search and submit the application with up to $225 in filing fees.

Hourly Billing

This is the classic model that exchanges hours for dollars. I recommend hourly billing for any matter that involves an opposing party. We can’t control how much work we will have to do because of the opposition.

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What is flat rate legal fees?

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.

What factors determine if a lawyer's fees are reasonable?

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;

Why do lawyers need to put contracts in writing?

A written contract prevents misunderstandings because the client has a chance to review what the attorney believes to be their agreement.

What are the biggest concerns when hiring a lawyer?

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.

What are the costs of a lawsuit?

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.

What happens if a trust account dips?

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.

How often do attorneys bill?

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.

What is flat fee?

3. Flat Fees: Some lawyers may charge a flat fee for certain types of legal matters. This is usually an option if the attorney handles large volumes of a particular kind of case, allowing the attorney to drive the cases through the use of forms and standardized practices. These are usually relatively simple cases like uncontested divorces, ...

What are some examples of attorney fees?

Examples include probate and bankruptcy cases. Regardless of the fee arrangement, attorney fees are normally required to be set forth in a written fee agreement. You should read such an agreement carefully, and not be afraid to ask for clarification if the terms seem confusing or conflicting. Often, costs, such as postage, copies, expert ...

What is retainer fee?

Many attorneys use retainer fees as a means of putting that lawyer "on call" to handle a client's legal problems whenever they may arise. 6. Statutory Fee: In some jurisdictions, a statute or regulation may set the amount an attorney can charge for a particular service. Examples include probate and bankruptcy cases.

How is a lawyer paid?

The lawyer is paid a set fee, often based on the lawyer's hourly rate multiplied by a certain number of hours. The retainer is usually placed in a trust account and the cost of services is deducted from that account as they accrue.

What is contingency fee?

Contingency Fees: This is a favorite among personal injury and medical malpractice attorneys. The attorney's fee is based on a percentage of the amount awarded in a judgment or negotiated in the settlement of the case, while if you lose the case, the lawyer does not get a fee. However, should you lose, you will still often be required ...

How much does a lawyer charge per hour?

Some attorneys may charge different rates for different types of cases, so a contract preparation may be $100/hour while litigation may be $200/hour.

Can a lawyer receive a contingency fee?

Some courts may set a limit on the amount of a contingency fee a lawyer can receive. Many clients request this kind of fee arrangement, not understanding the business implications to the attorney. Contingency fee arrangements only work for attorneys if there is a large sum at stake in the lawsuit. If the case is relatively small, say ...

Why do lawyers charge flat fees?

Lawyers may use a flat fee in handling certain cases where the work involved is usually straightforward, predictable, and routine. Thus some lawyers may use flat fees or set rates in uncontested divorces, simple wills, traffic tickets and misdemeanors, adoptions and name changes.

What happens if a lawyer settles a case before trial?

If the lawyer settles the case before going to trial, this requires less legal work. You can try to negotiate an agreement in which the lawyer accepts a lower percentage if he or she settles the case easily and quickly or before a lawsuit is filed in court.

What percentage of recovery is contingent fee?

In a contingent fee arrangement, the lawyer agrees to accept a fixed percentage (often one-third to 40 percent) of the recovery, which is the amount finally paid to the client. If you win the case, the lawyer's fee comes out of the money awarded to you.

Why is it important to tell your lawyer facts about your case?

It will save time and help your lawyer do a better job. Remember that the ethics of the profession bind your lawyer to maintain in the strictest confidence almost anything you reveal during your private discussions. It is particularly important to tell your lawyer facts about your case that reflect poorly on you.

Is there a flat fee for a case?

A flat fee is usually paid ahead of time and does not vary depending on the amount of time or work involved. No refund is due if the work takes less time than expected and no additional charge is made if the case is longer or more complex than usual.

Can I hire a lawyer for military legal assistance?

If you need assistance outside of the services offered by your military legal assistance office and cannot get a civilian attorney to handle your matter pro bono, you may have to hire a lawyer who will charge attorney’s fees. Lawyers are ethically obligated to charge only "reasonable"—and not excessive—fees.

Is a lawyer ethically obligated to charge reasonable fees?

Lawyers are ethically obligated to charge only "reasonable"—and not excessive—fees. The method used to charge fees is one of the things to consider in deciding if a fee is reasonable. You should understand the different fee structures before you make any hiring decision.