how to ask a lawyer about rates

by Cole Klein 4 min read

  • Ask your attorney whether his or her time is billed differently for trial work versus preparation. Some attorneys charge a higher hourly rate for court appearances. ...
  • Ask the attorney to identify the type of work that is typically handled by people in the office other than the attorney.
  • Ask the attorney how much experience they have handling your case. ...
  • Ask to provide your own fees upfront. Oftentimes, attorneys will charge higher rates if they have to pay for court and expert fees on your behalf. ...

Full Answer

How to talk to a lawyer about fees and expenses?

Talk to your lawyer about fees and expenses, and make sure that you understand all the information on fees and costs that your lawyer gives you. It’s best to ask for it in writing before legal work starts. What billing method do most lawyers use?

How much does a lawyer cost?

Some lawyers bill by the hour for their work, while others quote a flat fee rate, contingency rate, or use retainer fees. Based on ContractsCounsel's marketplace data, the average cost of a lawyer in any legal field is $250 - $350 per hour . There are four main lawyer cost structures that you may encounter when hiring an attorney.

What does it mean when a lawyer takes a percentage?

In a contingent fee arrangement, the lawyer agrees to accept a fixed percentage (often one-third to forty percent) of the amount recovered. If you win the case, the lawyer’s fee comes out of the money awarded to you. If you lose, neither you nor the lawyer will get any money.

Why do lawyers charge different rates for different tasks?

The trade-off is that attorneys with more experience in an area can often complete the legal work more quickly so you won’t be billed for as much time. Some attorneys charge different amounts for different types of work, billing higher rates for more complex work and lower rates for easier tasks.

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Why do attorneys charge flat fees?

You will see flat fees for criminal cases because it is often hard to get paid once a client goes to jail. With an hourly rate, an attorney charges you for every hour or portion of an hour that the attorney or other staff members work on the case. Attorneys who handle divorce cases may charge an hourly rate.

What to discuss with an attorney?

When you meet with an attorney, you should discuss the attorney’s fees and be prepared to negotiate the terms of the fee structure. Whether the attorney bills his or her fees as a flat rate, hourly, or an a contingent fee basis, there is usually room to reduce the fee and save yourself money. However, some good attorneys may not be willing ...

How long does a lawyer have to bill for a 5 minute call?

By establishing a 6-minute billing interval, an attorney who makes a 5-minute phone call does not get to bill for 15 minutes, or 1/4th of the attorney’s hourly rate. A second cost saving technique is to negotiate certain fees at a fixed rate and others at an hourly rate.

How much does an attorney get if you deduct 1/3rd fee?

For example, if you recover $12,000 and the attorney takes a 1/3rd fee, the attorney receives $4,000 and the remainder is $8,000. If you deduct $2,100 in fees, you are left with a recovery of $5,900. If you deduct the fees first, you will be left with a greater recovery.

What to do if you can't settle a disputed bill?

At worst, your attorney can state that the final bill amount is correct and you have to decide what, if any, steps you want to take. Take part in alternative dispute resolution. If you and your attorney cannot come to an agreement regarding a disputed bill, you can seek an alternative to court to resolve your case.

Do lawyers have to follow rules?

Understand a lawyer’s professional responsibility. As part of the legal profession, attorneys are required to follow certain legal rules. Courts recognize that attorneys are in a better position to negotiate for their fees versus most individuals seeking an attorney. Therefore, attorneys are prohibited from seeking an unreasonable amount for attorney’s fees and expenses. When determining whether a fee is unreasonable, a court will consider:

What should I bring to my first meeting with an attorney?

Before you meet with an attorney, gather all of the relevant materials for the case, such as medical records, police reports, earnings information, and other information that demonstrates your injuries and your damages. You should bring these documents with you to your first meeting.

1. Compare hourly and flat fees

The first step to negotiating legal fees with your attorney is to compare the hourly rates and flat fees of multiple attorneys. Comparing legal fees from multiple lawyers can give you a sense of how much your attorney should cost based upon your location and legal matter.

3. Request a reasonable hourly rate or a flat fee

Meet with multiple attorneys and propose a reduced hourly rate or flat fee that fits your budget and is within the acceptable range of fees for the legal services you need. The attorney may be more inclined to negotiate if you present their competitors’ lower rates.

4. Change the billing structure

Ask if certain tasks will be billed differently than others. For example, request to be billed in 5-minute intervals rather than the typical 15-minute intervals. If you spoke on the phone with the attorney for 15 minutes, you’d be charged at the hourly rate for a 5-minute interval rather than a 15-minute interval.

5. Inquire about limited scope representation

Clients can hire an attorney with limited-scope representation. In limited scope representation, the client handles routine tasks and the attorney focuses only on more complex aspects of the case. This can end up saving the client tons of money and end up with the same legal result.

6. Carefully review the retainer agreement

The last step of negotiating attorney fees is to carefully review the retainer agreement. Make sure everything discussed when negotiating with your attorney is included in the retainer agreement. You may want to take some time to review the agreement before signing it.

What is a contingency fee agreement?

A contingency fee agreement is an agreement in which an attorney accepts a designated percentage of a client’s monetary recovery as a form of payment. If a client wins monetary compensation, the lawyer will receive a designated percentage of the client’s recovery.

1. Read over the contingency fee agreement

The first step of negotiating a contingency fee is to read over the attorney’s proposed agreement. Understand what your attorney is offering so you can level the playing field when comparing contingency fees from other attorneys. Carefully consider the agreement’s provisions and make sure nothing sticks out.

What percentage of a lawyer's fee is contingent?

In a contingent fee arrangement, the lawyer agrees to accept a fixed percentage (often one-third to forty percent) of the amount recovered. If you win the case, the lawyer’s fee comes out of the money awarded to you. If you lose, neither you nor the lawyer will get any money.

What billing method do lawyers use?

What billing method do most lawyers use? The most common billing method is to charge a set amount for each hour or fraction of an hour the lawyer works on your case. The method for determining what is a “reasonable” hourly fee depends on several things.

What is retainer fee?

This money is referred to as a retainer fee, and is in effect a down payment that will be applied toward the total fee billed.

What is a fixed fee for divorce?

A fixed fee is the amount that will be charged for routine legal work. In a few situations, this amount may be set by law or by the judge handling the case. Since advertising by lawyers is becoming more popular, you are likely to see ads offering “Simple Divorce — $150” or “Bank­ruptcy — from $250.” Do not assume that these prices will be the amount of your final bill. The advertised price often does not include court costs and other expenses.

What happens if you win or lose a court case?

On the other hand, win or lose, you probably will have to pay court filing charges, the costs related to deposing witnesses, and similar expenses. By entering into a contingent fee agreement, both you and your lawyer expect to collect some unknown amount of money.

How to avoid surprises when getting a bill?

But you can take a few steps to ensure that you avoid any surprises when the bill arrives in the mail. Talk to your lawyer about fees and expenses, and make sure that you understand all the information on fees and costs that your lawyer gives you. It’s best to ask for it in writing before legal work starts.

Do you have to settle a contingent fee before hiring a lawyer?

Of course, these matters should be settled before you hire a lawyer. If you agree to pay a contingent fee, your lawyer should provide a written explanation of the agreement, clearly stating how he or she will deduct costs.

How to be a good lawyer?

Many lawyers are willing to give discounts, arrange for flat fees, defer payment, reduce the scale of a representation, supervise junior associates to perform the work, or otherwise reduce the price. And don't worry about sounding cheap or unprofessional.

How many firms can bid on a project?

Competition always helps. Getting at least 2 or 3 firms to bid on a project provides a market check and it actually might make you feel more comfortable with the cost if everybody is running the same price range. Also, more and more firms are willing to give fee caps or fixed fees.

Do state bar rules require mediation?

Often state bar rules require a mediation process before lawsuit s and oftne there is a voluntary and free-to-the-client fee dispute process set up by the bar associations. Retainer agreements may have a clause invoking these procedures. Make sure you understand how that clause works. Related Answer.

Do lawyers have to be flexible?

In this economy, lawyers and law firms know that they need to be flexible with clients and can work deals to discount hourly rates. However, that being said, don't go with someone just because they are cheaper. You are hiring a lawyer for their expertise and advice.

What factors determine if a lawyer's fees are reasonable?

Factors considered in determining whether the fees are reasonable include: The attorney’s experience and education; The typical attorney fee in the area for the same services; The complexity of the case; The attorney’s reputation; The type of fee arrangement – whether it is fixed or contingent;

Why do attorneys charge different fees?

Some attorneys charge different amounts for different types of work, billing higher rates for more complex work and lower rates for easier tasks .

Why do lawyers need to put contracts in writing?

A written contract prevents misunderstandings because the client has a chance to review what the attorney believes to be their agreement.

What are the biggest concerns when hiring a lawyer?

Attorney fees and costs are one of the biggest concerns when hiring legal representation. Understanding how attorneys charge and determining what a good rate is can be confusing.

What is flat rate legal fees?

Flat rate legal fees are when an attorney charges a flat rate for a set legal task. The fee is the same regardless of the number of hours spent or the outcome of the case. Flat rates are increasingly popular and more and more attorneys are willing to offer them to clients.

What are the costs of a lawsuit?

Some common legal fees and costs that are virtually inescapable include: 1 Cost of serving a lawsuit on an opposing party; 2 Cost of filing lawsuit with court; 3 Cost of filing required paperwork, like articles forming a business, with the state; 4 State or local licensing fees; 5 Trademark or copyright filing fees; and 6 Court report and space rental costs for depositions.

What happens if a trust account dips?

The agreement may provide that if the amount in the trust account dips below a certain amount, the client must replenish it by putting more funds into the account. If there is money from the retainer fee remaining at the end of the representation, the attorney is required to refund that amount to the client.

How Much Does a Lawyer Cost?

If you're facing a legal issue, hiring a lawyer can be invaluable. Having an experienced attorney on your team can significantly impact the outcome of your case. The reality, however, is that hiring a lawyer can be expensive.

Typical Lawyer Cost Structures

There are four main lawyer cost structures that you may encounter when hiring an attorney. It is important to fully understand these fee arrangements to know precisely what you are expected to pay.

Factors that Impact Lawyer Costs

Several factors impact how much a lawyer will cost. The three most important factors are the type of legal work, the attorney's experience level, and the amount of work that the case will require.

What are Typical Attorney Fees

Throughout the United States, typical attorney fees usually range from about $100 an hour to $400 an hour. These hourly rates will increase with experience and practice area specialization.

How Much Does It Cost to Talk to A Lawyer?

The cost of talking to a lawyer varies and depends on how the individual lawyer chooses to bill their clients. Before hiring an attorney to take on your case, you will have a consultation.

Is Hiring a Lawyer Expensive?

Hiring a lawyer can be expensive. Lawyer costs will depend on the type and complexity of the legal issue at hand. When deciding whether to hire an attorney for your legal matter, you must weigh the importance of having an experienced attorney with the potential cost of that attorney.

Get Help with Hiring an Attorney

Do you need help with hiring an attorney for a project? If so, post a project in ContractsCounsel's marketplace to receive flat fee bids from experienced lawyers to handle your project. Our team vets all lawyers on the ContractsCounsel's platform to ensure you are provided with top-tier service.

What is an attorney fee increase letter?

An Attorney Fee Increase Letter is a formal notice to an attorney’s clients to inform them that certain or all services in the firm will cost more from a set date. As an attorney, you can raise your rates to match prevailing market prices or because of the amount of work you are doing. Whatever the reason, you must inform your current clients beforehand.

How to justify an increase in fees?

Be honest, straight, clear, and to the point. Additionally, write confidently to convey the message that you have put a lot of thought into your decision. Justification. While you may believe your work and value justify an increase in your fees, your client may feel differently.

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