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When you and the lawyer do arrive at an understanding about fees,
the arrangements should be put into a letter to you
so that there can be no question about them later.
An attorney will charge you in one of four ways: (1) on a flat
fee basis, for handling a particular type of case;
(2) on the basis of a percentage of recovery or amount involved;
(3) on an hourly basis; or (4) by law. Time is the
most important factor used by lawyers in setting fees. Other
factors which enter into an attorney's fee are:
(a) The nature of the problem
or matter - A simple problem involving well established
procedures which are basically routine will cost less than a complex
matter that raises a unique question or requires work in
a specialized field of law.
(b) A lawyer with exceptional skill and experience in a particular
area of the law may charge more.
(c) Benefits derived from the services rendered - The responsibility
assumed by the lawyer and the results may be an important
factor in determining the fees.
In some types of personal injury and damage cases, an attorney
may agree to a contingent fee arrangement. In this
situation, the fee is conditioned upon the recovery made. The fee
is paid for the attorney's services if, and only if,
there is some financial recovery for you. If there is none, the
attorney is not entitled to collect any fee, but the client still is
responsible for any costs incurred.
Contingent fees would usually be a percentage of the recovery.
If you have a matter for which such an arrangement
might be appropriate, your lawyer will discuss the possibility
with you when you talk about fees during your first
visit.
Many of the services provided by your attorney are performed when
you are not present. Sometimes a document prepared
for you or advice given to you follows many hours of work done
by the attorney in your absence.
When you pay your lawyer's fees depends on the type of service and
the fee arrangements made. Your lawyer may require payment of a retainer which is money
paid in advance, prior to beginning work. If you are
not sure that you will be able to pay promptly, talk it over with
your lawyer.
Remember, discuss specific fee arrangements with your attorney
at the very first meeting. Your attorney is here to
serve you and your best interests. You have a right to know what
the attorney's fees will be.
If you need an attorney and don't have one, the Lawyer Referral and Information Service can help.
Call Us Monday - Friday from 8:30 AM - Noon and 1:15 PM - 3:00 PM at (814) 459-4411. |