| Fee Arrangements
We’re always willing to give free initial
consultations over the phone or in appropriate cases, in person.
If it appears that there is a valid legal malpractice, over
charging or other attorney conduct type of case, we will do
everything in our power to accommodate the financial ability
of a client.
Our formal relationship begins with a retainer
agreement that sets out our fee arrangement and governs our
relationship. For the most part, our fee arrangements for
attorney conduct cases will fall into one of three categories.
The Hourly Fee Arrangement: This is
the straightforward “bill by the hour” approach.
There are legal malpractice cases in which this kind of fee
arrangement makes a lot of sense, and there are cases in which
this is really the only kind of fee structure that can be
applied. We would be happy to provide you with our current
hourly rates upon request.
Contingency Fee Arrangement: Under
this arrangement, we get paid only if there is a recovery.
Generally, our fee is a percentage of the amount recovered
for the client. We usually apply a sliding scale percentage
based on the complexity of the case, and how long we have
to litigate before a recovery might be made. This sliding
scale approach is generally fairer than one flat rate because
it compensates us according to the amount of work that goes
into the case, and provides an incentive for a client to settle
a case earlier in the process.
The Hybrid Arrangement: The hybrid
agreement is a combination of an hourly rate and contingency
fee. Under this arrangement, we reduce our standard hourly
rates and also reduce the contingency percentages. This often
works out most equitably for both the client and us for a
variety reasons, but principally because there’s a greater
equality in the risk of litigating a case. This means that
decisions about pursuing or settling the case are evaluated
on the basis of the risk to both the attorney and client.
Variations On A Theme: In our years
of practice we’ve worked with all types of fee arrangements,
and we try not to have fees stand in the way of a worthwhile
case. There are variants of the three major fee arrangements
that might be appropriate under the circumstances of a case.
We’re happy to discuss all aspects of this sometimes
difficult and confusing area of the relationship.
Budgets and Estimates: We believe
in them and we give them to the best of our ability. However,
litigation is an evolving process, so we’re likely to
be more reliable with our estimates (as well as our evaluation)
the deeper we get into the case. So, what we try to do is
give “rolling” estimates or budgets, based on
what we know about the case at a given time. We pride ourselves
on giving fair and reasonably accurate budgets, don’t
“lowball” the costs and fees involved, and where
appropriate are willing to “cap” our fees.
|