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The
story goes that when Abe Lincoln was a young lawyer, he was retained
to handle a difficult case. After the fee was negotiated the client
asked if he could pay when the case was concluded. Lincoln reportedly
replied, "I find it's best if the client pays the fee at the beginning
of the case. That way the client knows he has a lawyer and the lawyer
knows he has a client."
I don't know whether old Abe actually said that or not, but I find it's
best to be up front and frank about fees. Truth is, there is just no
getting around the fact that prosecuting a personal injury claim or
defending a criminal accusation costs money. When you hire an attorney
you have a right to know and understand the fee arrangements ahead of
time. I use a written attorney-client agreement in virtually all cases.
This way you know how the fee is calculated and when and how it is to
be paid. Obviously, fee arrangements vary depending on the case and
the client. But, like most lawyers I generally charge contingency fees
when prosecuting injury and death claims, flat fees in defending criminal
matters and hourly rates in other matters.
Consultation fee
Unlike some lawyers I normally charge a consultation fee of $50. I do
this because I want to spend our first session listening to you, learning
about your case and outlining the parameters of your problem; not trying
to sell myself.
Injury and death claims
In most injury and death claims, I charge a contingent fee, plus out-of-pocket
expenses. In extremely meritorious cases, I advance the out-of-pocket
costs of litigation. This means I receive a percentage of the amount
of money damages I recover for you, plus the expenses incurred in obtaining
the recovery. If I do not recover any money damages for you, you are
not responsible for any attorney fee and are only responsible for out-of-pocket
expenses. Contingent fees work well for clients in these cases. When
you are injured, or when a loved one is lost in an accident, there is
usually a substantial loss of family income. Rarely are there adequate
funds available to finance a lawsuit with the attendant costs of investigation
and prosecution, against a determined defendant like a big corporation
or insurance company. Big corporations, the government and insurance
companies can afford to fight. Most individuals can't, especially when
they have been injured and are out of work. Contingent fees allow people
who would not ordinarily be able to pursue a serious claim for money
damages to vigorously pursue compensation for their injury or loss of
a loved one.
Criminal
cases
My normal practice is to charge a flat fee plus out-of-pocket expenses
in criminal cases. Flat fees work well for clients in criminal cases.
The client knows ahead of time exactly what his legal fees (less out-of-pocket
expenses) will be. This allows the client to vigorously pursue vindication
of his rights all the way through trial if necessary without worrying
about whether he is running up a tab in legal fees that he cannot ultimately
pay. Normally the fee is paid in full when I am retained, and expenses
are billed monthly as they are incurred. When financing is necessary,
several options are available: First our office accepts MasterCard and
Visa, and can bill your credit card directly. Second, the client can
secure a loan from a bank, credit union or lending company. And in other
cases, I will work out a payment plan with the client.
Out of Pocket Expenses
Out-of-pocket and litigation expenses include things like investigator
and expert witness fees, costs for transcripts, depositions, photographs,
exhibits, court costs, filing fees, long distance charges and copy costs.
Our office accepts Visa and MasterCard.
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