Special Circumstances!
Keep in mind that it is difficult,
at best, to predict how much
time will be necessary to completely resolve a matter.
Each case
involves special circumstances that may
greatly increase the
amount
of work necessary to
complete the matter.
Hence, it may
be inappropriate
for attorneys to give estimates.
In an effort
to get your business, however, attorneys may underestimate the
number
of hours necessary to
complete a case.
Clients should be
wary of
attorneys who is quick to
describe a case as "easy,"
or
who is too eager to take on a case. Although you need an
optimistic attorney with enthusiasm, few cases are
actually
"easy."
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FEES VS. EXPENSES
RETAINERS VS. CONTINGENCY
With all of the commercials on TV regarding attorneys and
their fees, there is some confusion as to the difference of
what is a fee and what is an expense and the difference
between contingency and retainer.
FEE: an attorneys fee is what he/she charges to do the legal
work and to pay for his/her time used and for his knowledge
and experience. Just as many people are paid by the hour, so
are attorneys.
EXPENSE: is out of pocket charges that occurs in order to
litigate a case. For example, a court reporter to take a
deposition costs around $800 for an entire day. That would
be an expense that the client would be responsible for.
Other examples of expenses would be filing fees, postage,
copies, travel expenses, expert testimony and analysis.
CONTINGENCY: We have a lot of people that call and ask if we
will take a case on a
contingency or a percentage basis. We do take cases on a
percentage basis meaning that we get a percentage of what,
if any, is recovered. However, the expenses as explained
above, will be paid by the client as they incur. If we do
not prevail in this case, we collect nothing from the
judgment. However, the above listed expenses will be paid by
the client as they occur and in most cases, we will ask for
a retainer on the expenses and time spent up front. That is
something that the TV commercials do not tell you.
RETAINER: Since most lawsuits are very expensive, we will
ask for a retainer, which is money that the client provides
up front to begin litigation. A retainer will cover the
attorney's time spent in a lawsuit, but the client will
still be responsible for the expenses. As the attorney
spends time on the case, the retainer is used at a rate of
$150.00 per hour.
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