what do you call a baseline fee for lawyer

by Morgan Bernhard DVM 9 min read

Full Answer

What are the professional fees of a lawyer?

Generally, the professional fees of a lawyer depend on the nature and complexity of the case, the financial capacity of the client, the extent of work required, among other factors. The usual legal fee arrangements are: initial consultation fee, fixed retainer, time-based charging, acceptance fee, and contingent fee arrangements.

Is hourly billing the best way to charge attorney fees?

Hourly billing is what most people think of when they think of attorney fees. However, this way of law firm pricing & fees is becoming antiquated and not as client-friendly.

Can a lawyer charge a flat fee for a case?

Flat fee: a lawyer may offer a flat fee for a specific, simple, and well-defined legal case. Examples of cases eligible for flat fee billing include uncontested divorces, bankruptcy filings, immigration, trademarks , patents, and wills. Before agreeing to a flat fee, make sure you understand what is covered in the agreement.

How much do lawyers charge for contingency fees?

Contingency fee percentages vary, possibly even within the same case. A one-third fee (33 1/3%) is common. However, some jurisdictions and some lawyers adjust this rate depending on how far along the case progresses. For example, the rate may be lower if it settles before trial and higher if an appeal is required.

image

What is the meaning of retainer fee?

Definition. A fee that the client pays upfront to an attorney before the attorney has begun work for the client.

What does contingent fee basis mean?

A contingency fee is a form of payment to a lawyer for his/her legal services. In contrast to a fixed hourly fee, in a contingent fee arrangement lawyers receive a percentage of the monetary amount his/her client receives when they win or settle their case.

What is a fee collar?

Fee collars. A fee collar sets an amount a lawyer is to be paid. If the lawyer's hours come in on target or at a specified percentage above or below, the fee becomes final. If the hours fall below the agreed percentage under, the savings are shared.

How do you charge a retainer fee?

For example, the attorney may project that he will spend 10 hours, at an hourly rate of $100, amounting to a $1,000 retainer fee. If in the first month, the lawyer spends four hours on the case, he will charge $400 against the $1,000 retainer fee, leaving a balance of $600.

What do most lawyers charge for a contingency fee?

To put it another way, with a contingency fee, payment for your attorney's services is "contingent upon" your receiving some amount of compensation. Your attorney will take an agreed-upon percentage of your recovery. This percentage is often around 1/3 or 33%.

What is a 20% contingency?

Phase Contingency This contingency is normally calculated as a percentage. If the phase is 100 days of effort, contingency at 20% would be another 20 days. As the project progresses, the level of risk reduces as the requirements and issues become known, so the percentage will be reduced.

What is a cap and collar fee?

Cap and Collar is a term used in connection with interest rates. A Cap is an upper limit, or maximum interest rate that will apply, while a Collar is the minimum interest rate. As such, the interest rate may vary between these two points.

What does cap fee mean?

Fee caps: In a fee cap, hourly rates are charged up to an agreed maximum amount for a particular matter. Beyond that, if additional work is required to complete the matter, the law firm pays for it. Of course, this is really just hourly billing with a twist: a hard limit on the maximum.

What is a fixed fee arrangement?

Fixed or Flat Fee Agreement A fixed fee agreement is an agreement where the client pays a fixed fee for the legal representation, regardless of the time the attorneys and staff put into the case.

How much is a retainer fee for a lawyer?

Overview. A retainer fee can be any denomination that the attorney requests. It may be as low as $500 or as high as $5,000 or more. Some attorneys base retainer fees on their hourly rate multiplied by the number of hours that they anticipate your case will take.

What is a retainer agreement with a lawyer?

A retainer is an agreement whereby you offer to pay the solicitor and the solicitor agrees to fulfil certain obligations. A retainer need not be in writing, although it is in both your and the lawyer's interests if the essential terms are in writing. This may be part of a costs agreement.

Is a retainer a prepaid expense?

Retainer for Legal Expenses Debit a prepaid legal account with a credit to the cash account for the amount of the retainer. When the legal services are rendered, expense the retainer with a credit to prepaid legal and a debit to the legal expenses account.

How much does a lawyer bill for a phone call?

For example, if an attorney takes a client’s phone call and the call lasts 10 minutes, the lawyer will bill 12 minutes or 2/10 of an hour for a total of $50 for that phone call.”

How much does a lawyer charge per hour?

For example, if a second-year lawyer is working on a matter, that lawyer may charge $275 an hour. If a 20-year lawyer is working on the same file, that lawyer may charge $600 per hour.”

How do lawyers get paid?

Lawyers get paid in four basic ways: an hourly fee, a retainer, a flat fee, and a contingency fee. Here’s a closer look at each of the payment types.

How to keep a lawsuit under control?

Lawsuits can be very stressful, and part of that stress comes from the costs. To help keep them under control, start by shopping around for a lawyer. Look up lawyers in your area and read reviews from past clients. Contact those who look promising to find out how they charge for your type of case and the estimated cost.

What factors affect the price of a lawyer?

In summary, the key factors that impact the price are location, case type, case complexity, law office type, and the lawyer’s experience, education, and expertise . Further, you’ll have to contact lawyers to find out what they charge.

What is a flat fee?

Flat Fees are Common for Certain Cases. Klein adds, “A flat fee is common in the area of criminal law and bankruptcy law. For example, a client comes in to retain us for a chapter seven bankruptcy; we will charge a flat fee of $3,500 to accomplish the requested service.”. “The old billable hour is going away.

Is the hourly rate higher for a lawyer?

He adds, “Consider that a lawyer with a lot of experience may be able to handle a complex problem more quickly and efficiently ( i.e., work faster and more effectively). The hourly rate may be higher, but, in the end, the total fee may be the same or even a little less.”

How much does an estate planning attorney charge?

How you reach your goal amount and beyond will depend on your services offered. Maybe you can find 5 estate planning clients and charge them a flat rate of $2500 for estate planning services that month. Maybe some family law cases will bring in $200 an hour, or you have 3 new legal subscription clients at $1200 per month. Maybe you can charge for quick turn-around services for cease-and-desist letters or for comprehensive consultations.

What is flat fee?

Flat fees, also known as fixed fees, are pre-arranged total fees that are paid upfront before you complete work for a particular legal matter. For example, for standard DUI cases, drafting wills, bankruptcy, or other form based matters, flat fees may be attractive for both the client and the attorney because these sorts of matters usually have no surprises and no fee collection hassles.

Why do lawyers need legal subscriptions?

Having legal subscription plans can create a steady stream of revenue for your law firm and help clients help themselves. Having a legal subscription plan is similar to being on retainer, but without the same constraints to your time. The key to creating legal subscription plans is to productize your work.

What is hourly billing?

Hourly billing is what most people think of when they think of attorney fees. However, this way of law firm pricing & fees is becoming antiquated and not as client-friendly. As technology progresses, clients expect more transparency and predictability in pricing from their attorneys. With hourly billing, clients may feel anxious about their legal bill because they don’t know what the final number will be. They could feel like the value they receive from your services is less than what they paid. Worse, your clients may view hourly rates as an incentive for you to be inefficient and take your time with their matters, causing distrust in your relationship with clients. Clients don’t really want to pay for your time, they want to pay for your help and the value you give them.

How to create legal subscription plans?

The key to creating legal subscription plans is to productize your work. Think of ways you can turn your services into products. For example, you could have a set of online forms with direction clients can purchase at a flat rate for certain things, like setting up a business entity. If you’re feeling really savvy you can automate the entire process for clients so the drafting work is done automatically for them.

What is capped fee?

In this pricing structure, a client will pay by the hour, but the number of hours you will work is capped at a predetermined limit. The client will pay either after the work is completed or when the capped time is met.

How to get clients to be happy with your services?

If you’re not sure if your clients are happy with your services or what you’re charging, ask them. Talk to your clients, show them exactly what you did and how you did it while getting feedback from them. The more you learn from your clients, the better you’ll be at providing excellent client service and setting your fees.

How much does a lawyer charge per hour?

Hourly Rate: The lawyer will charge you for each hour (or portion of an hour) that the lawyer works on your case. Thus, for example, if the lawyer's fee is $100 per hour and the lawyer works 5 hours, the fee will be $500. This is the most typical fee arrangement. Some lawyers charge different fees for different types of work ...

What are the factors that affect the fees charged by a lawyer?

The type of fee arrangement that you make with your lawyer will have a significant impact on how much you will pay for the services.Legal fees depend on several factors, including the amount of time spent on your problem; the lawyer's ability, experience, and reputation; the novelty and difficulty of the case; the results obtained; and costs involved. There will be other factors such as the lawyer's overhead expenses (rent, utilities, office equipment, computers, etc.) that may effect the fee charged.

What is referral fee?

Referral Fee: A lawyer who refers you to another lawyer may ask for a portion of the total fee you pay for the case. Referral fees may be prohibited under applicable state codes of professional responsibility unless certain criteria are met. Just like other fees, the total fee must be reasonable and you must agree to the arrangement. Your state or local bar association may have additional information about the appropriateness of a referral fee.

What is a statute fee?

Statutory Fee: The fees in some cases may be set by statute or a court may set and approve a fee that you pay. These types of fees may appear in probate, bankruptcy, or other proceedings. With all types of fee arrangements you should ask what costs and other expenses are covered in the fee.

What is contingency fee?

Contingency Fees: The lawyer's fee is based on a percentage of the amount awarded in the case. If you lose the case, the lawyer does not get a fee, but you will still have to pay expenses. Contingency fee percentages vary . A one-third fee is common.

Can a lawyer make contingency arrangements?

Lawyers may also be prohibited from making contingency fee arrangements in certain kinds of cases such as criminal and child custody matters. Contingency fee arrangements are typically not available for divorce matters, if you are being sued, or if you are seeking general legal advice such as the purchase or sale of a business.

Do lawyers charge different fees?

Some lawyers charge different fees for different types of work (legal research versus a court appearance). In addition, lawyers working in large firms typically have different fee scales with more senior members charging higher fees than young associates or paralegals.

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 .

What is the most common legal fee arrangement?

Hourly rates have traditionally been the most common legal fee arrangement. However, as technology changes and the practice of law evolves, it is more common to see “non-traditional” fee arrangements like flat-fee packages.

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 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 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;

What is the first step in resolving a dispute with a lawyer?

The first step to resolving these disputes is communication . If there is a disagreement, clients and attorneys should first seek to discuss it and try to reach a mutually agreeable solution. Often, small disagreements balloon merely because both the attorney and the client avoided talking to the other out of fear.

How much does a lawyer cost?

When clients ask, "how much does a lawyer cost," the answer can vary from $50 to $1000 or more per hour. But if you're facing a legal issue, working with a lawyer is very helpful and can affect the outcome of the case. Before hiring a lawyer, you should talk to him or her about fee schedules, flat-rate vs. hourly billing, retainer vs. contingency fees, and a ballpark estimate of the total cost based on the case.

What is flat fee lawyer?

Flat fee: a lawyer may offer a flat fee for a specific, simple, and well-defined legal case. Examples of cases eligible for flat fee billing include uncontested divorces, bankruptcy filings, immigration, trademarks , patents, and wills. Before agreeing to a flat fee, make sure you understand what is covered in the agreement.

What percentage of contingency fees are negotiable?

Courts may limit contingency fee percentages. The average ranges from 25 to 40 percent . Contingency fees may be negotiable. Referral fees: if a lawyer doesn't have a lot of experience with cases like yours, he or she may refer to you another lawyer who does.

What factors affect the hourly rate of a criminal lawyer?

A criminal lawyer's hourly rate will depend on multiple factors, which may include: The reputation of the lawyer and/or firm. The complexity of your criminal charges. The lawyer's level of experience. The location (hourly rates are typically higher in large cities)

What does it mean when a lawyer is not willing to discuss the costs with you?

If the lawyer is not willing to discuss the costs with you, it's a sign of poor client service.

How do lawyers pay?

Most lawyers accept standard methods of payment, such as credit cards, debit cards, checks, and cash. Your lawyer might allow you to set up a payment plan toward the total cost. Before you sign an agreement with a lawyer, find out how often he or she requires payment. Some require it monthly, while others require weekly payments toward a bill.

What to do if you don't include attorney fees in estimate?

If these aren't included on the written estimate, make sure to ask. You might end up with a separate bill, unless your attorney absorbs the extra fees into the total bill. It's also important to make sure that the cost of the lawyer is worth the overall cost of the case and what you could recoup.

What is time based fee?

Time-based charging is a fee arrangement where the lawyer bills based on his given hourly rate.

How much do lawyers collect?

Because of the risk of not getting paid at all, lawyers tend to collect between 30%-50% of whatever the client gets.

How does time based billing work?

Time-based charging is a fee arrangement where the lawyer bills based on his given hourly rate. The client is billed based on the actual time spent by the lawyer. At the end of every billing cycle, which in most cases is on a monthly basis, the lawyer sums up the actual time he or she spent for your case, doing research, answering your calls, consultations, meetings, etc. The bill is computed by adding up the total time spent by the attorney multiplied by the latter’s given hourly rate. Before entering into such arrangements, you may want to ask the lawyer for an estimate of how much time it would take to complete the activity.

What is initial consultation fee?

The initial consultation fee is what you can expect the attorney to bill you for your initial consultation with him or her. While some lawyers offer free consultation, some charge initial consultation fees. There are other attorneys who bill on their usual or reduced hourly rate. There is no standard practice in the Philippines. Hence, the best thing to do before going for an initial consultation is to call before making the appointment.

What is acceptance fee?

The acceptance fee is the fee charged by the lawyer for merely accepting the case. The rationale behind this is, once the lawyer agrees to act on behalf of a client, he generally loses the opportunity to handle cases for the opposing party. Thus, a lawyer’s acceptance of a case would mean that he is forgoing prospective work for the other party. The acceptance fee is normally applied in litigation, and coupled with a per stage or per activity type of billing, where the lawyer divides his professional fees depending on the stage of the proceedings.

Can you negotiate fees with a lawyer?

The person looking for a lawyer must bear in mind that, generally, professional fees are subject to negotiation. You can even try to negotiate terms of payment, if this is possible.

Is there a retainer fee in the Philippines?

There is no standard practice in the Philippines. Hence, the best thing to do before going for an initial consultation is to call before making the appointment. The fixed retainer fee is a predetermined fee paid on a lump sum , in advance of any legal work to be performed.

What are some examples of attorney fees?

Examples include probate and bankruptcy cases. Regardless of the fee arrangement, attorney fees are normally required to be set forth in a written fee agreement. You should read such an agreement carefully, and not be afraid to ask for clarification if the terms seem confusing or conflicting. Often, costs, such as postage, copies, expert ...

How much does a lawyer charge per hour?

Some attorneys may charge different rates for different types of cases, so a contract preparation may be $100/hour while litigation may be $200/hour.

What is retainer fee?

Many attorneys use retainer fees as a means of putting that lawyer "on call" to handle a client's legal problems whenever they may arise. 6. Statutory Fee: In some jurisdictions, a statute or regulation may set the amount an attorney can charge for a particular service. Examples include probate and bankruptcy cases.

How is a lawyer paid?

The lawyer is paid a set fee, often based on the lawyer's hourly rate multiplied by a certain number of hours. The retainer is usually placed in a trust account and the cost of services is deducted from that account as they accrue.

What is contingency fee?

Contingency Fees: This is a favorite among personal injury and medical malpractice attorneys. The attorney's fee is based on a percentage of the amount awarded in a judgment or negotiated in the settlement of the case, while if you lose the case, the lawyer does not get a fee. However, should you lose, you will still often be required ...

What is flat fee?

3. Flat Fees: Some lawyers may charge a flat fee for certain types of legal matters. This is usually an option if the attorney handles large volumes of a particular kind of case, allowing the attorney to drive the cases through the use of forms and standardized practices. These are usually relatively simple cases like uncontested divorces, ...

What are the concerns of people in need of an attorney?

One of the biggest concerns of people in need of the assistance of an attorney is how much it will cost. The type of fee arrangement that is available to a client will often have a lot to do with the type of legal issues you are bringing to your attorney. There are several common types of attorney fees and fee arrangements:

How to coerce a client to pay a lawyer?

Lawyers frequently try to coerce payment by asserting an “attorneys’ lien” on all or part of a former client’s case file pending receipt of payment. Depending on whether the case or transaction is over, this can leave the client in the unenviable position of having to pay the fee to get much-needed papers for an ongoing legal matter. However, in practice a client operating in good faith has little to fear. If the client has a need for the documents in an ongoing matter, and a good faith basis for not paying a portion of the fee, lawyers cannot withhold critical papers. Even after the attorney-client relationship is over, the lawyer has a duty to assist in an orderly transition to replacement counsel to minimize prejudice to his former client.

What happens if you don't raise your lawyer's billing concerns?

The downside of not raising billing concerns with your lawyer is substantial. You lose the chance to obtain a mutually-agreed upon reduction. The billing practice that offends you will no doubt continue. Finally, if the fee dispute ever gets litigated or arbitrated, your lawyer will claim that you consented to the disputed billing practice.

What is a lawyer's agreement?

Lawyers will often refer to agreements they have with clients, typically drafted by the lawyer at the beginning of the engagement, as evidence that a client agreed to certain payment terms. For example, there may be agreement as to hourly rates, staffing, or contemplated courses of action.

Why do lawyers give bonuses?

Despite this, lawyers often tell their clients they are entitled to a “bonus” over the agreed-upon fee because the matter has become more difficult than expected or because of an unexpectedly favorable result. It is common for such a lawyer to “negotiate” the increased fee in the middle of an engagement.

What to do if you get a high bill from an attorney?

There are steps you can take both during and after the engagement to communicate your concerns to your lawyer. Appropriate questioning of bills often leads to a mutually-agreed upon reduction, and can even strengthen the attorney-client relationship. Should all else fail, fee dispute litigation provides substantial relief from some relatively common examples of attorney overbilling, while protecting an attorney’s right to a reasonable fee. Ten points for clients to consider:

What is the code of professional conduct and responsibility for lawyers in New York?

In an effort to ensure that lawyers do not use superior experience or negotiating skills in drafting agreements with their clients, the Code of Professional Conduct and Responsibility that applies to all lawyers in New York State (other states have similar or identical codes) provides that an attorney “shall not enter into an agreement for, charge or collect an illegal or excessive fee.” DR 2-106 [A].

What to do if your lawyer is unwilling to discuss your bills?

If your lawyer is unwilling to discuss the bills, you should put your concerns in writing, and consider ending the relationship.

What is the baseline for a company?

The baseline serves as the starting point against which all future sales are measured.

What is baseline in business?

A baseline is a fixed point of reference that is used for comparison purposes. In business, the success of a project or product is often measured against a baseline number for costs, sales, or any number of other variables. A project may exceed a baseline number or fail to meet it.

What is the baseline in information technology?

The Baseline in Information Technology. In information technology management, a baseline may be set for anticipated or maximal levels of performance. There are three commonly-used baseline points: cost, scope, and schedule.

What is a baseline in financial analysis?

The Baseline in Financial Statement Analysis. A financial statement analysis that uses a baseline is called horizontal analysis. It compares a company's historical financial information over a number of reporting periods that may be monthly, quarterly, or annually. The first period in a horizontal analysis is denoted as the baseline period.

What is baseline in a project?

A baseline can be any number that serves as a reasonable and defined starting point for comparison purposes. It may be used to evaluate the effects of a change, track the progress of an improvement project, or measure the difference between two periods of time.

What is the baseline for project budgeting?

In project budgeting, the approved budget numbers are the baselines for comparison of actual expenses. In information technology management, the baseline is the anticipated or maximal level of performance.

image

How to Price Your Legal Services The Client-Centered Way

Types of Fee Agreements and Structures

  • Hourly Rates
    Hourly billing is what most people think of when they think of attorney fees. However, this way of law firm pricing & fees is becoming antiquated and not as client-friendly. As technology progresses, clients expect more transparency and predictability in pricing from their attorneys. …
See more on lawyerist.com

Alternative Law Firm Pricing Models

  • Alternative pricing models shift some risk and unpredictability off clients and onto you. Some alternative law firm pricing models you’re already familiar with, like flat fees, contingency agreements, and retainer arrangements. We’ll go over a few others that you may not be familiar with to introduce you to new ways you can bill for your services.
See more on lawyerist.com

How to Calculate Legal Fees and Manage Other Legal Costs and Expenses

  • When determining what pricing structures you want to implement and how much to charge, in order to make money your revenue must be higher than your law firm expenses. It’s easier to work backwards on this. Say you want to earn $80,000 a year. First, determine what the total cost of your firm’s operating is by tallying expenses like monthly rent, ph...
See more on lawyerist.com