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Types of Legal Fees
2008-11-28 18:00:03 来源:
Types of Legal Fees
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.
There are several common types of fee arrangements used by lawyers:
Consultation Fee: The lawyer may charge a fixed or hourly fee for your first
meeting where you both determine whether the lawyer can assist you. Be sure to
check whether you will be charged for this initial meeting.
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. Some lawyers offer a sliding scale based on how far
along the case has progressed before it is settled. Courts may set a limit on
the amount of a contingency fee a lawyer can receive. This type of fee
arrangement may be charged in personal injury cases, property damage cases, or
other cases where a large amount of money is involved. 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.
Flat Fees: A lawyer charges a specific, total fee. A flat fee is usually
offered only if your case is relatively simple or routine such as a will or an
uncontested divorce.
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 (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.
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.
Retainer Fees : The lawyer is paid a set fee, perhaps based on the lawyer\'s
hourly rate. You can think of a retainer as a \"down payment\" against which
future costs are billed. The retainer is usually placed in a special account
and the cost of services is deducted from that account as they accrue. Many
retainer fees are non-refundable unless the fee is deemed unreasonable by a
court. A retainer fee can also mean that the lawyer is \"on call\" to handle
your legal problems over a period of time.Since this type of fee arrangement
can mean several different things, be sure to have the lawyer explain the
retainer fee arrangement in detail.
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. Types of Legal Fees - Learn About the LawSet LocationClose
With all types of fee arrangements you should ask what costs and other expenses
are covered in the fee. Does the fee include the lawyer\'s overhead and costs or
are those charged separately? How will the costs for staff, such as secretaries,
messengers, or paralegals be charged. In contingency fee arrangements, make sure
to find out whether the lawyer calculates the fee before or after expenses. Prev
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