what is the going rate for a collections attorney

Attorney fees for filing a collection lawsuit include court costs and, like the rules and statutes regarding the collection of these fees, vary widely across state jurisdictions. Generally speaking, these fees average $575 for cases under $10,000 and $900 for collection amounts over $10,000.

Full Answer

What is a Collections Attorney ?

Debt collection is the process of pursuing payments of debts owed by individuals or businesses. An organization that specializes in debt collection is known as a collection agency or debt collector. Most collection agencies operate as agents of creditors and collect debts for a fee or percentage of the total amount owed....

Attorney II

Actively follows current industry and regulatory trends and activities to determine impact or possible impact on agency activity.

Average Total Hourly Cash Compensation

These charts show the average hourly wage (core compensation), as well as the average total hourly cash compensation for the job of Collections Attorney in the United States. The average hourly rate for Collections Attorney ranges from $34 to $46 with the average hourly pay of $40.

How much should you be paid?

For a real-time salary target, tell us more about your role in the four categories below.

How Much Do Attorneys Charge?

When you start comparing attorneys, pay attention to the types of lawyers that you're comparing. Typical fees for a personal injury attorney will be different from an immigration attorney or a divorce attorney. Every field of law has its own set of rules and best practices, so you need to make sure you're dealing with attorneys with specific experience in your type of case.

How much does it cost to get a lawyer to write a will?

Hiring a lawyer on a flat-rate basis to create a simple will costs $300, while a will for more complex estates may be $1,200 to write.

What is retainer fee?

An attorney retainer fee can be the initial down payment toward your total bill, or it can also be a type of reservation fee to reserve an attorney exclusively for your services within a certain period of time. A retainer fee is supposed to provide a guarantee of service from the lawyer you've hired.

How to avoid disagreements with your attorney?

Avoid disagreements with your attorney about how much you owe by taking the time to review your attorney fee agreement carefully. You may also hear this document called a retainer agreement, lawyer fee agreement or representation agreement. Either way, most states require evidence of a written fee agreement when handling any disputes between clients and lawyers. You must have written evidence of what you agreed to pay for anyone to hold you accountable for what you have or have not spent.

What is contingency fee?

An attorney contingency fee is only typical in a case where you're claiming money due to circumstances like personal injury or workers' compensation. You're likely to see attorney percentage fees in these situations to average around a third of the total legal settlement fees paid to the client.

What is flat fee legal?

At first glance, flat-rate legal services seem to be a complete package deal so that you don't pay more for your case than is necessary. However, if you don't comply with every single term listed on the flat fee contract, then your attorney still has the right to bill you for additional costs that may come up in your case. For instance, a flat fee lawyer working on an uncontested divorce case may still charge you for all court appearances. Plus, they may also only offer the flat fee if you have no property issues and no child support issues either.

What happens if you lose in court?

If you lose in court, you may still have to pay for the lawyer's expenses. Many cases such as those involving child custody or criminal charges are not eligible for a contingency fee structure.

How much does it cost to file a collection lawsuit?

Generally speaking, these fees average $575 for cases under $10,000 and $900 for collection amounts over $10,000. In addition to these up-front costs, you can typically expect to be charged a fee that is based on the amounts actually collected — typically 33 percent — and is contingent upon winning your case. This is called a contingency fee. While your up-front costs are due and payable whether or not you win, the fact that the bulk of your attorney fee is contingent upon winning your case and consists of a percentage of the amount of your award makes it easier and less financially burdensome to pursue your commercial collection claim.

How does a collection agency work?

A collection agency’s function is to attempt to convince your debtor to pay the monies owed you and to work to negotiate a payment arrangement with that debtor. Agency debt collectors do this through repeated contact with the debtor via telephone or mail. It’s important to note that payment requests or demands are as far as a collection agency will be able to go in helping you collect a debt. If you’d like to pursue the matter beyond this point, you’ll need the help of a collection attorney.

Can a collection agency represent you in court?

While a collection agency can use various tactics to collect the amount of your debt — and may do so successfully — if their attempts are unsuccessful, a collection agency will not be qualified to represent you in court. For that, you’ll need an attorney.

Is the attorney fee contingent upon winning a case?

While your up-front costs are due and payable whether or not you win, the fact that the bulk of your attorney fee is contingent upon winning your case and consists of a percentage of the amount of your award makes it easier and less financially burdensome to pursue your commercial collection claim.

Can you collect attorney fees?

Whether or not you’ll be entitled to collect attorney fees if you take the legal route depends on your state jurisdiction . However, one critical determining factor in every state is whether your contract with the debtor includes a provision regarding the collection of attorney fees. If so, these fees will generally be allowed. If not, the question may rest on any additional documentation you may be able to produce demonstrating that your debtor was aware of and agreed to these fees, though this question will be entirely up to the discretion of the judge hearing your case.

What states have increased attorney fees?

Attorneys in states with the largest increase in rates include Wyoming at $251, up 9.9% from the previous year, and Iowa at $175, up 9.1% from the previous year. However, one could argue that with such low rates for Iowans with a bar card, there was optimistically no place to go but up.

Which state has the highest hourly rate for lawyers?

The Top 10 States for Lawyer Hourly Rates. Just as it did last year, the District of Columbia has the highest lawyer hourly rate, an average of $380, up 8.4% from 2019, when the average was $348. After D.C., the top jurisdictions are, in order, New York at $357 (+3%), California at $338 (+4.4%), Delaware at $333 (+7.2%) and Nevada at $312 (+1.2%).

What practice areas saw decreases in hourly rates?

Only two practice areas among the top 10 saw decreases in hourly rates: Tax and Civil Rights/Constitutional Law. Other practice areas that logged a dip include Traffic Offenses (-11.7%), Elder Law (-10.4%), Appellate (-8%), Medical Malpractice (-4.1%) and Insurance (-5.1%). Those decreases make sense when you consider how the pandemic influenced supply and demand. Fewer people driving and the serious shutdown of court services made it difficult to generate or push work forward. When the country is able to open up, I suspect those rates will recover.

What is the fifth annual Clio Legal Trends Report?

The fifth annual Clio Legal Trends Report is a fount of information for solos and small firm practitioners when it comes to benchmarking data. I’ll leave the really heavy lifting to others (such as Jared Correia, who dug deep last year in a three-part series ). I’ll focus on one key indicator: lawyer hourly rates.

How to see how your practice area fared against the national average?

You can see how your practice area fared against the national average with this chart by looking at the data on opening new matters. Except for one brief period early in the pandemic, intellectual property consistently beat the national average. Hence, the steady high hourly rates. Meanwhile, family law tracked the national rate quite closely. Tax is down, still well below the national average, hence the drop in the increase in hourly rates.

Is utilization, realization and collection rates included in the data?

I’m going to leave out the latest utilization, realization and collection rates, though they are included in the data . Those are all based on how you manage your business. Again, it’s important to consider how much the pandemic is influencing the stats. More on that later in the post. So, if you even halfway trust this former legal affairs newswoman (liberal arts journalism major with a minor in economics), let’s dig in.

Can attorneys work remotely?

As many professionals learned firsthand that they could work and successfully operate a business remotely, it will be interesting to see how attorneys’ and staff’s relocations impact both state and practice hourly rate data.

What percentage of lawyers are late paying?

Every lawyer and law practice owner understands that there will almost certainly be some percentage of their billed hours that are late being paid, or in some cases, never paid at all. 59 percent of lawyers report regularly dealing with late payments, and on average, lawyers are only collecting 86 percent of what they bill.

Does lawyer billing affect cash flow?

The good news is, however, that even small adjustments to a lawyer’s billing habits can have significant effects on cash flow, law firm’s collection rates, and ultimately, a firm’s bottom line.