when a lawyer and her client agree on a fixed fee based on expected cost

by Anissa Parker 4 min read

What is the difference between attorney and client fees?

A fixed fee agreement is used to provide legal services for those who do not have the funds to afford an attorney. This type of agreement cannot be used to avoid the basic relationship between clients and attorneys. To avoid any issues, fixed fee agreements should be labeled with either earned on receipt or nonrefundable, or both.

What is a fixed fee agreement?

17 interest paid by Lawyer to third-party lenders to cover any cost advances. 18 b. Fixed Fee: Client agrees to pay Lawyer a fixed fee of $_____ for the work 19 described above in the paragraph entitled “Scope of Representation.” This fee 20 covers only the representation described in that paragraph and nothing else 21 whatsoever. 22 c.

Do you need a lawyer for cost plus fixed fee contracts?

However, the lawyer is probably bearing the least risk with this type of agreement since the objective will be to agree on a profitable fixed fee. The advantage to the client, however, is that the client can plan and budget for the fixed fee knowing it will not increase. b. Partial contingency. The lawyer could work at a lower hourly rate (lower than the lawyer’s typical billing rate) or a …

Do Attorney’s fees include Party and party costs?

May 06, 2018 ¡ Cost plus fixed fee contracts can be used when both the contractor and the owner agree that the contractor is entitled to a fee in addition to the project expenses. There may be various reasons for this agreement, but cost-plus contracts should also spell out the basic reasons that the contractor is entitled to the fee.

Which is the type of discount that would most likely be given to a customer who pays bills with a stated period?

Type # 5. A cash discount is a reward for the payment of an invoice or account within a specified time period. For example, the Calcutta Electric Supply Corporation provides a discount to all customers who pay their bills on or before a scheduled date.

What are two profit oriented approaches to setting a price?

Profit-Oriented Approaches include: target profit pricing. target return-on-sales pricing. target return-on-investment pricing.

What are four important types of discounts used in marketing strategy?

12 discount types businesses can useBuy one, get one free discounts. ... Percentage sales. ... Early payment discounts. ... Overstock sales. ... Free shipping discounts. ... Price bundling. ... Bulk or wholesale discounts. ... Seasonal discounts.More items...•May 6, 2021

In what way does the demand curve for prestige pricing differ from the typical demand curve?

In what way does the demand curve for prestige pricing differ from the typical demand curve? There is a point below which a reduced price reduces sales volume, resulting in a backwards C-shaped curve.

What is profit-oriented based pricing?

A profit-oriented pricing objective means that a company seeks to earn maximum profit with every sale or service provided, and achieve long-term business profitability.Sep 26, 2019

What is cost based pricing approach?

Cost-based pricing is a pricing method that is based on the cost of production, manufacturing, and distribution of a product. Essentially, the price of a product is determined by adding a percentage of the manufacturing costs to the selling price to make a profit.Nov 1, 2021

How should discount decisions be managed?

Go through the pointers below for some tips and ideas on how to implement discounts correctly.Define your objectives. ... Segment shoppers and tailor offers accordingly. ... Make sure the timing is right. ... Be mindful of your margins. ... Implement psychological pricing. ... Test different discounting tactics. ... Run conditional promotions.More items...•Jan 18, 2022

What is the 7 P's of marketing?

These seven are: product, price, promotion, place, packaging, positioning and people. As products, markets, customers and needs change rapidly, you must continually revisit these seven Ps to make sure you're on track and achieving the maximum results possible for you in today's marketplace.

How do you decide on a discount?

Let's have a look at how and when to use discounts, and what the alternatives could be.Nudge New Visitors with a Special Offer. ... Reward Loyal Customers. ... Increase Sales During Holidays. ... Use Early-Bird Discounts for New Products. ... Reduce Abandoned Carts. ... Reward Referrals from Existing Customers.More items...•Jan 3, 2021

What is prestige pricing and give one example with explanation?

Nike is a perfect example of a company that effectively uses prestige pricing, which is a pricing strategy where prices are set higher than normal because lower prices will actually hurt sales.Nov 1, 2021

When should prestige pricing be used?

Prestige pricing only works when the product is actually of high quality and is supported by adequate branding expenditures. This is a niche selling strategy, since it is only targeted at those who value high quality and can afford to pay for it.Feb 4, 2022

What is prestige pricing strategy?

a pricing strategy in which prices are set at a high level, recognising that lower prices will inhibit sales rather than encourage them and that buyers will associate a high price for the product with superior quality; also called Image Pricing.

What is attorney and client costs?

Attorney and Client costs include all the costs in respect of which the client is indebted for professional services rendered by his/her attorney in legal proceedings to which the attorney had been formally mandated to act.

What is party and party costs?

Party and Party costs are only a cost contribution to assist the successful litigant in paying his / her legal practitioner. As such party and party costs do not form part of the equation when the attorney’s fees are determined nor when determining the amount owed to the client as the difference represents the amount of indebtedness to ...

Is Rule 70 a binding rule?

The tariff in Rule 70 is not binding on attorney and own client scale costs, and is merely a guide for taxation. [29] In exercising the discretion to determine a reasonable rate for time charges for services rendered the practice is to have regard to: Fees charged by other legal practitioners,

What are the disadvantages of cost plus fixed fee?

Disadvantages of cost-plus fixed-fee contracts may include: The final, overall cost may not be very clear at the beginning of negotiations. May require additional administration or oversight of the project to ensure that the contractor is factoring in the various cost factors. May be less incentive to complete the project in an efficient manner, ...

Why should both parties consider cost plus contracts?

In order to avoid a breach of contract, both parties should consider these aspects of cost-plus contracts. The final cost may be lower than in a normal contract, as the contractor usually will not “inflate” prices to cover risks.

What are the different types of cost plus contracts?

Yes, there are other types of “cost-plus” contracts, wherein other expenses are factored in besides the cost of the project. These may include: 1 Cost Plus Incentive Fee (CPIF): These types of contracts award a larger fee for projects that meet/exceed performance target goals. 2 Cost Plus Award Fee (CPAF): These reward the contractor based on their performance. For example, if they meet or exceed performance standards, they may be provided with an increased fee accordingly. 3 Cost Plus Percentage Cost (CPPC): These pay fees to the contract, which rise as the contractor’s expenses increase. Somewhat rarely used, since it may be difficult to monitor the contractor’s costs.

When to use a cost plus contract?

Cost plus fixed fee contracts can be used when both the contractor and the owner agree that the contractor is entitled to a fee in addition to the project expenses. There may be various reasons for this agreement, but cost-plus contracts should also spell out the basic reasons that the contractor is entitled to the fee.

Can you monitor contractor costs?

Somewhat rarely used, since it may be difficult to monitor the contractor’s costs. Some of these contracts may be limited by local or state laws, so it’s best to check with an experienced lawyer before signing any type of cost-plus contract.

Should both parties weigh the pros and cons before entering into a cost plus fixed price contract?

Thus, both parties should weigh all the pros and cons before entering into a cost plus fixed-price contract. Again, each contract will be different, depending on the type of project involved and the relationship of the parties.

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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Introduction

  • Attorney and Client costs include all the costs in respect of which the client is indebted for professional services rendered by his/her attorney in legal proceedings to which the attorney had been formally mandated to act. It is because of this indebtedness and the fact that the client has incurred these expenses that he/she may in case of success recover some of the costs fro…
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Fees Must Be Reasonable

  • In terms of Rule 28 of the Rules for the Attorneys’ Profession a practitioner is entitled to a reasonable fee for professional services rendered. Coetzee v Taxing Master, South Gauteng High Court and Another(2010/14197) [2012] ZAGPJHC 175; 2013 (1) SA 74 (GSJ) (19 September 2012) “The payment by a client to the client’s own attorney is not aimed at a ‘full indemnity’, but rather i…
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Calculating Fees

  • Attorney and client fees only apply to the capital amount (amount of damages recovered) obtained by successful litigation. Clients often confuse the party & party costs as forming part of the capital settlement. Party and Party costs are only a cost contribution to assist the successful litigant in paying his / her legal practitioner. As such party and party costs do not form part of th…
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Conclusion

  • We acknowledge that the client should be protected against potential abuses and for that reason guidance is given as to the qualification of what constitutes a reasonable fee and what should be regarded as overreaching, always subject to scrutiny by either the Professional Controlling body or the Courts. A reasonable principle to follow in the application of fees is found in the matter of: T…
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