Legal fees are the fees paid to a law firm for services rendered. Fees are different from costs. Often times, certain legal matters involve costs that are outside the fees for the legal services rendered. Examples of costs would include filing costs, costs for experts, and costs for obtaining copies of relevant documents.
There are three basic types of legal fees: hourly; flat fees; and, contingent fees. One can also have a hybrid fee which combines hourly, flat and/or contingent. Contingent fees have the advantage of allowing a person to hire a lawyer without having to pay any money. The lawyer is paid a portion of any recovery that is made. These are typically used in personal injury cases which include auto accidents and medical malpractice.
Hourly cases or matters are typically used when an individual or business hires an attorney for unique projects or to defend litigation. Because it is very difficult to accurately predict required time and effort, the parties simply pay based on time spent.
Flat fee cases are also used in many contexts. The most common context would be the provision of a particular type of document such as a will or documents related to incorporation. Flat fees are also used commonly by criminal defense lawyers when representing an accused. Flat fees have the advantage of providing predictability for both the lawyer and the client.
Hybrid fees are, as the name suggests, hybrids of the various fee types above. Hybrid fees are being used more and more by small and medium sized businesses as a means of increasing predictability of costs when involved in solving business problems by legal means. The advantage is increased cost predictability and tighter financial alignment between the attorney and his/her client.
By virtue of our varied practice areas, we utilize all of the general fee arrangements discussed above, including: hourly, contingent, flat, and hybrid.
With respect to injured persons, such as those injured by the negligence of a medical professional or injured in a motor vehicle accident, we utilize a contingent fee. This means that we do not receive any fee unless there is a recovery on behalf of our client. In addition, we typically advance costs in connection with our contingency cases.
When representing small businesses, we are always mindful of the wisdom embodied in a saying used frequently by the late Daniel McKiernan, Sr. who himself was a small business person: “the medicine should never be worse than the disease”. In business litigation and business advising matters we typically try to fashion a fee arrangement that is best suited to the client’s situation. In light of the tough economic times that many small businesses are facing, we are happy to employ creative fee arrangements which make sense for both the firm and the client. We take a practical and open approach with all of our clients, assisting them in making informed choices relating to their menu of legal options.