what to ask a lawyer wanting hourly fees up front

by Prof. Maxine Jerde 10 min read

If your lawyer charges an hourly rate, they must give you an estimate of how much the overall service will be. They should also provide revised estimates as the matter progresses if necessary. If you aren’t sure, then ask your lawyer to give you an estimate for the whole service. Sometimes it can be hard to predict how much it will all cost. Ask so you know how certain the estimate is. Having a range of costs might be more helpful than a single number, which could shift up or down. The important thing is to understand how much the total bill could be.

Full Answer

Should I Ask my Lawyer how much to charge?

Also, many attorneys are often willing to cap their fees. With a fee cap, your attorney will charge you an hourly rate up to an agreed upon limit. That way, you know up front the maximum that you will be responsible for. Finally, one good negotiating technique is to ask your attorney to bill you at 6-minute instead of 15-minute intervals.

How much does it cost to hire a contract lawyer?

So now in order for Dante to ask a few questions, he is paying a combined $800 an hour between the attorney and the CPA. Dante is staring down the barrel of a $50,000 fee for a Streamlined Submission, where as an experienced tax specialist charging an industry standard flat-fee would be a fraction of the price.

How does a lawyer get paid?

LegalMatch requires lawyers to explain their fees up front, but you may want to question the matter in further depth. Talking money with your lawyer is an excellent way to judge how he or she treats clients. The types of fees a lawyer can charge are discussed below. Hourly rates are the most common type of fee. Depending on a lawyer's ...

What are the different types of attorney fees?

Ask if, and how, your lawyer rounds up their charges. Many lawyers charge in six minute blocks – check if that’s how your lawyer works. Make sure you feel comfortable with the way they charge. As with ‘fixed fees’, ask if there are any other costs that won’t be covered in the hourly rate. Top Tip: Don’t just ask how much the hourly rate is. Ask for an estimate of how many hours it will

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Why do lawyers ask for money upfront?

It is meant to keep a lawyer's services available so that the business or individual can receive legal advice or representation if the need arises. The second type of retainer fee is more common and serves as an advance on legal fees and costs to the attorney.

What is it called when you pay a lawyer upfront?

1. Consultation Fees: Some attorneys charge an upfront fee, usually on a flat rate basis, to meet with the attorney and determine whether s/he will be able to assist you with your legal issues. Many attorneys do not charge an initial consultation fee, but you will need to check in advance to make sure.

What should you not say to a lawyer?

9 Taboo Sayings You Should Never Tell Your LawyerI forgot I had an appointment. ... I didn't bring the documents related to my case. ... I have already done some of the work for you. ... My case will be easy money for you. ... I have already spoken with 5 other lawyers. ... Other lawyers don't have my best interests at heart.More items...•Mar 17, 2021

What do most attorneys charge per hour?

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.Aug 17, 2021

What is the most a lawyer can charge?

Costs start at $100 per hour for new attorneys, but standard attorney fees for an expert lawyer to handle a complex case can average $225 an hour or more....Average Attorney Fees.Attorney FeesHourly RatesMaximum Cost$1,000Average Range$100 to $3002 more rows

What are Retainership charges?

Explanation. A retainer fee is nothing but a fixed price paid upfront to a person for receiving a specified service. The payer of the retainer fee is called the service receiver or the client. An individual who receives the payment is called a retainer provider, service provider, expert, or consultant.

How do you negotiate with a lawyer?

How to Negotiate With an AttorneyResearch First. Start by getting a basic understanding of the different ways that lawyers can charge you. ... Consider a Flat Fee. ... Consider an Hourly Fee. ... Consider a Contingency Fee. ... Ask for Fees in Writing. ... Cut the Extras. ... Look Outside Your Area. ... Explore Your Options and Find a Cheaper Attorney.More items...•Sep 16, 2021

How often should I hear from my attorney?

You should never be afraid or feel like an intrusion to contact your attorney every three weeks or so, or more frequently if there is a lot going on with your health or other matters related to your legal case. There is of course a limit to how much you should be contacting or sharing.Jun 17, 2020

How do you seduce a lawyer?

Compliment: Always make an effort to compliment her. Lawyers are egocentric, therefore feed their ego. Tell her how beautiful and passionate she is. Tell her, “you are so dedicated to your work”.

What is an hourly fee?

Hourly Fee means the amount charged for each hour of Services.

What is a retainer fee for a lawyer?

A retainer fee commonly refers to the upfront cost of a contract for professional services, such as with a consultant, freelancer or a lawyer. You put down a deposit, which the service provider will use to cover any costs involved in their legal services.May 23, 2019

Legal Tips — 16 Through 20

1. Understand where all the lawyer fees are generated 2. Have realistic payment expectations 3. Always look at your monthly bill 4. Always evaluate...

Understand Where All The Fees Are generated.

You should feel comfortable when discussing fees with a lawyer. LegalMatch requires lawyers to explain their fees up front, but you may want to que...

Have Realistic Payment expectations.

In addition to a lawyer's fees, you might be expected to pay certain expenses. These should be discussed before hiring a lawyer, and the lawyer sho...

Always Look at Your Monthly Bill.

A monthly bill from a lawyer takes time to look over. It is in your best interest to take the time so that you completely understand where your law...

Always Evaluate Your Lawyer.

LegalMatch allows clients to evaluate a lawyer's service on-line after a case is over. A good lawyer is, above all, a professional. In evaluating y...

If You Are Happy Or Unhappy, Do something.

If you're happy or unhappy with the lawyer you found on LegalMatch, remember to rate them at LegalMatch. This will help others when deciding whethe...

What is flat fee in offshore disclosure?

A flat fee model for streamlined and other offshore disclosure cases is the preferred method of experienced practitioners. It protects the client from unforeseen fees that always arise during representation. Of course, if It turns out the client was willful and not qualifying for the non willful submission, the VDP submission is much more complicated than a non-willful disclosure and the original fee may vary – which is then renegotiated with the specialist firm if the parties both agree to move forward.

What is the problem with Dante telling the CPA?

One major problem is that Dante told the outside CPA information that is not covered by the attorney client privilege and would not fall under Kovel (even if Kovel was to apply). That means all the confidential information that Dante told the CPA is now discoverable by the IRS.

Where did Dante come from?

Dante is originally from India. He first moved to the UK for school and employment and then to Australia, before coming to the United States where he’s living as a permanent resident and getting ready to apply for naturalization (citizenship).

Why do lawyers charge flat fees?

Flat fees are usually charged when the services being provided are more predictable. It is important to ask the lawyer exactly what services and expenses are and are not covered in a flat fee. LegalMatch requires lawyers to explain these expenses when responding with a flat fee.

What is the most common type of lawyer fee?

Talking money with your lawyer is an excellent way to judge how he or she treats clients. The types of fees a lawyer can charge are discussed below. Hourly rates are the most common type of fee. Depending on a lawyer's experience and location, an hourly rate can vary quite a bit.

How to choose a good lawyer?

A good lawyer is, above all, a professional. In evaluating your lawyer, evaluate his or her ability to: 1 Provide case updates regularly. 2 Return your phone calls within one business day. 3 Honor deadlines, with a reasonable amount of flexibility. 4 Maintain a loyalty to you while keeping honest, even while being critical of your wishes. 5 Honor confidences. 6 Discuss openly all billing matters while honoring the original agreement for services. 7 Refer you to talk to someone else when specialized expertise is needed. 8 Appear prepared at meetings or court appearances.

What is statutory fee?

A statutory fee is a fee set by law. Some legal work requires the court to set or approve the fee. No matter which type of fee agreed upon between you and your lawyer, always obtain proof of the agreement in writing. 17. Have realistic payment expectations.

What is retainer fee?

Retainer fees are advanced payment based on an hourly rate. Clients put money into a special account, and the lawyer deducts fees as services are completed. The client is responsible for reviewing the account periodically.

What to do if you are unhappy with a lawyer on LegalMatch?

If you're happy or unhappy with the lawyer you found on LegalMatch, remember to rate them at LegalMatch. This will help others when deciding whether or not to hire the lawyer. That's how LegalMatch works, and why it works so well.

What is contingent fee?

A contingent fee means the lawyer charges no fee but instead earns a percentage of the settlement or judgment, if any is awarded. Contingent fees — typically one-third of the settlement or judgment — can be negotiated. In some cases, contingent fees are prohibited.

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 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 ...

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 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 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, ...

Can a lawyer receive a contingency fee?

Some courts may set a limit on the amount of a contingency fee a lawyer can receive. Many clients request this kind of fee arrangement, not understanding the business implications to the attorney. Contingency fee arrangements only work for attorneys if there is a large sum at stake in the lawsuit. If the case is relatively small, say ...

Offshore Disclosure Lawyer Fees

Offshore Disclosure Attorneys Fees: Flat-Fee or Hourly? With the IRS having both closed OVDP (2018) and ended DIIRSP (2020), the big question is whether Streamlined may be next up on the chopping block.

Low Up-Front Hourly Fee Bait-and-Switch for Streamlined & Other Offshore Disclosure Cases

When an attorney is too inexperienced in Offshore Disclosure cases, they will utilize hourly fees to puff up the bill and charge you for services that should be bundled into a flat-fee model.

Benefits of Flat-Fee Offshore Disclosure Lawyers

All tax and legal preparation for offshore compliance matters should be handled in-house by a Board-Certified Tax Lawyer Specialist and their team.

International Tax Lawyer Specialist Team: Golding & Golding

Our attorneys have been featured in Forbes, Washington Post, and more.

Lawyer Billing: Flat Fee

When I was a solo practitioner, I used flat fee billing for almost all of my work. I did not lift a finger on behalf of a client until I had a signed engagement agreement and their check cleared. My engagement agreement stated that fees were earned on receipt so I could deposit it directly into my operating account and bypass the trust account.

Lawyer Billing: Flat Fee Plus

What I refer to as “flat fee plus” involves charging a flat fee for a project with a limited scope and then charging the client your hourly rate for any work performed beyond that. This is what I currently charge to file a trademark with the USPTO — a flat fee to do a trademark search and submit the application with up to $225 in filing fees.

Hourly Billing

This is the classic model that exchanges hours for dollars. I recommend hourly billing for any matter that involves an opposing party. We can’t control how much work we will have to do because of the opposition.

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How do Lawyers Estimate Their Fees?

To be fair, if one were to call up a lawyer and tell them they required some particular legal service, most lawyers would be more than happy to provide their hourly rates on the spot.

Tips on Shopping around for a Reasonably-Priced Lawyer

From the perspective of a first-time client, it might take quite a bit of effort to give sufficient information to a lawyer just to find out how much the work could cost.

Why Could Law Firms Charge Differently for the Same Piece of Work?

The fact that different law firms give drastically different quotes for the same work can be explained at least in part by how different law firms have very different overheads.

You Can Have Your Bill Taxed

The vast majority of lawyers actually want to make their quote as low as they possibly can (after factoring in their overheads) to entice more business away from their competitors. That said, there will definitely be a few bad apples in the legal industry who will try to overcharge unsavvy clients.

What is retainer fee?

Retainer fees act as a down payment on attorney services. If an attorney accepts a case on an hourly basis with no retainer fee, he or she will bill the client as work is completed. However, there is no guarantee that the attorney will actually receive the funds due to him or her for the work completed. A retainer fee provides an assurance to lawyers that they will be paid. Some retainer fees state that they are non-refundable, giving a further guarantee of payment to attorneys.

Do you have to pay attorney fees if you win a case?

This means that the attorney will not receive his or her legal fees unless you win or settle your case. Additionally, some attorneys are willing to bill clients at a certain rate up to a maximum amount. This way, you will only be required to pay a certain amount even if the attorney spends additional time on your case.

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