Demystifying Legal Representation
Enlisting the services of a skilled attorney does not have to be frightening. By Richard Patrick, J.D.
This month I am writing an article that hopefully contains practical information for our readers. Nobody wants to hire an attorney, but sometimes life throws us a curveball and enlisting the assistance of an attorney becomes necessary. However, armed with information, there is no need to be apprehensive about finding the right attorney for a case.
Usually our greatest concern in terms of hiring an attorney is the cost. Many of us have heard of individuals who have spent hundreds of thousands of dollars on legal fees. But, these situations are preventable and in many cases they are an anomaly.
For example, since many people assume that all attorneys charge by the hour, they quickly and rightfully imagine astronomical legal bills. Some attorneys charge hourly fees, billed monthly, while others receive a flat fee or percentage after a settlement is paid. Still others do pro-bono work for worthy causes.
But, since many attorneys charge hourly fees, it is important to know how to utilize an attorney's services without putting stress on your finances. When attorneys charge a very high hourly rate, many people expect to get better results. But this may or may not be true depending on the attorney’s experience and their track record in terms of successfully settling their cases in their client’s favor.
Generally speaking, people should be willing to pay a higher hourly rate. But, this is also only true if the chosen attorney possesses years of experience in their field of expertise as well as a good track record and solid reputation. Still, a higher hourly rate does not necessarily mean a higher final bill. It is also a good idea for potential clients to consult at least three attorneys about fees and then through comparison, make an informed decision.
If an attorney cannot give you enough information to make an informed decision, then a client might be dealing with an attorney that does not have the experience to provide a fair estimate. On the other hand, some attorneys may not want to tell potential clients the truth. Good attorneys can usually provide potential clients with a high and low range in terms of final costs to settle their case.
Oftentimes attorneys also require a deposit in order for clients to enlist their services. The deposit is used to pay for the attorney’s time as it is earned. Be careful of giving an attorney a deposit when you have not had a frank discussion of the estimated range of cost of the final bill. Still, even well-intentioned attorneys may not have an idea of what the final bill will be, especially if a particular case is volatile.
Recently, there has been an upswing in attorneys that are willing to accept “Flat Fees.” Flat Fees mean the client and attorney agree to a flat fee that covers a specific scope of work or period of time. This type of financial relationship is great for clients because they can sleep more easily at night and not worry about the specter of runaway legal fees. And remember, all flat fee agreements between a client and an attorney MUST be in writing.
An important caveat to flat fee agreements is that the fee must be fair and reasonable for the work provided. If it isn't reasonable, the attorney should discuss the situation with his client and return a portion of the flat fee to the client if appropriate.
Disclaimer of Liability: This information is only provided to increase awareness of issues surrounding fees for attorneys. While the information provided is about legal issues, it is not legal advice or legal representation.
Richard P. Patrick is a local Gig Harbor Attorney. His office is located at 5358 33rd Ave NW Suite 102, Gig Harbor, WA 98335. 253.858.6800 or online at www.richardpatricklaw.com
