|
How much is this going
to cost is the most common question attorneys receive from
new or
prospective clients. Unfortunately each case is different and therefore no
set formula or pricing guide is available. There are basically three
different types
of fees that are used in the State of Arkansas, the type of
case generally dictates
which fee structures will be used.
The three types of fees are: a flat fee, an hourly fee,
and a contingency fee.
I will list the basics and types of cases that each
fee covers.
FLAT FEE: A flat fee is exactly what it
sounds like, it is a one-time fee charged
by the attorney to handle all
aspects of the case. When a flat fee is agreed upon
an attorney should
never come back and ask the client for additional money to
represent them.
A flat fee is an attorney's best guess based on his experience
and knowledge
as to how much time and effort will be needed to try a case to
its
conclusion.
Flat fees are most commonly used in criminal matters and
in some cases domestic
relations work. Flat fees are also common in matters
in which the attorney is
either reviewing or preparing documents such as
wills, contracts, sales
agreements, and partnership agreements for a client.
HOURLY RATE: An hourly rate is a set rate
in which the attorney charges
you by the hour (most attorneys bill in
increments of an hour, I choose to bill in
six (6) minute increments so as
to minimize the cost to you.) Upon meeting with
and agreeing to the hourly
rate, a retainer is given. The retainer is the amount
of money that you as
the client provide to an attorney, in turn the attorney bills
against that
money until the case is completed or until an additional retainer is
needed.
Hourly rates are most common in complex cases, these are
the cases in which
the duration and amount of work is uncertain. This type of fee is also common
in litigation cases, such cases include but are not
limited to, federal lawsuits,
contract cases, civil lawsuits in which you
are the defendant, divorce cases
that the parties know will not be settled
amicably, property disputes, and lawsuits
over business deals.
CONTINGENCY FEE: A contingency fee is a
fee in which the attorney
collects little or no money up front and takes a
percentage of the verdict or
settlement as his
fee. Contingency fees are best known from
the common
use of "if I don't win
your case, you don't owe me a dime."
Attorneys will expect a client to
pay for all costs of this type of lawsuit, these
costs would include filing
fees, witness fees, expert witness fees, and material
fees.
Some
attorneys will advance all of these costs and recoup them at the
end (which is
my general practice), while others will have the client pay these
costs as
they
are due. Before agreeing to a contingency contract, make sure
you
and your attorney
have a clear understanding of who is responsible
for what
costs and when they are
responsible for them.
|