Yes, in some cases. Limited representation —
hiring an attorney who will assist you at particula
stages of your case — may be appropriate for you
Whether it is a good option in your case could
depend on the complexity of your legal matter
and your financial situation. Generally, limited
representation involves less cost.
While some attorneys will not work solely
on portions of a case, others will agree to provide
limited representation. These attorneys may be
referred to as consulting attorneys, coaches or
providers of unbundled legal services. Such attor-
neys do not take on the full responsibility for
overseeing or handling your case. The limits of
the representation are set by agreement. If you
choose such representation, make sure youunderstand the extent of the attorney’s services.
Such services might include, for example, assis-
tance with a negotiation strategy, representation
at a particular court hearing or the attorney’s
“sign-off” on any legal agreement.
Another alternative would be to hire a
collaborative attorney. In this process, those on both
sides of the case and their collaborative attorneys
meet to work out their differences through an out-
of-court process. If the dispute is not settled, howev-
er, those involved would have to hire new attorneys
if they want legal help in preparing for a trial.
Wednesday, July 15, 2009
9 Is it important to have a fee agreement?
Yes. You and your lawyer should agree on
what you will pay the lawyer and what services
will be provided. This way, both of you will know
what to expect from each other.
By law, fee agreements must be in writing
when the lawyer expects the fees and costs to
total $1,000 or more. But even if the lawyer fails
to draw up a written fee agreement, you may
still have to pay the lawyer a reasonable fee for
any work done. In any case, it is always a good
idea to have a written record of the agreement. If
there is a written agreement, keep a copy for
your records; if you have an oral agreement,
make a written note of it.
what you will pay the lawyer and what services
will be provided. This way, both of you will know
what to expect from each other.
By law, fee agreements must be in writing
when the lawyer expects the fees and costs to
total $1,000 or more. But even if the lawyer fails
to draw up a written fee agreement, you may
still have to pay the lawyer a reasonable fee for
any work done. In any case, it is always a good
idea to have a written record of the agreement. If
there is a written agreement, keep a copy for
your records; if you have an oral agreement,
make a written note of it.
10 What should be in the fee agreement?
The fee agreement should list the services
that the lawyer will perform for you, and the type
and amount of fees that you will be expected to pay.
The agreement should also explain how the costs
(the other expenses of your case) will be handled
and billed. And if the lawyer is going to add interest
or other charges to unpaid amounts, the agreement
should make this clear as well.
Afee agreement may also include your obliga-
tions as a client—to be truthful, for example, and to
cooperate and pay your bills on time.
In forming an agreement with your lawyer,
make sure that you understand all of his or herterms. If you are not sure what to ask, you might
want to bring a friend or relative along with you
when you meet with the lawyer.
Here are a few key questions:
• How will the lawyer bill for his or her time?
(See #11 and #12 describing lawyer fees.)
•Who else will be working on the case —
associate lawyer, legal assistant, paralegal? How
will their work be billed?
•What can be done to reduce fees and costs?
•What is the lawyer’s estimate of the
total charges?
• How will costs as opposed to fees be paid?
(See #13.)
Keep in mind that an estimate is just that —
a calculated guess as to how much the fees
and costs will be. The amount could change as
circumstances change.
The lawyer may have a pre-printed fee agree-
ment. If you don’t like any part of the agreement,
ask the lawyer to make revisions or to draw up a
new agreement better suited to your case.
For more information on fee agreements, along
with some sample fee agreement forms, visit the
State Bar’sWeb site at www.calbar.ca.gov. (Go to
Public Services in the left menu, then Addressing a fee
dispute with an attorney.) If you do not have access to
the Internet, call 415-538-2020.
Make sure you understand the agreement
before you sign it. If you are not comfortable with
any of the terms, don’t sign it. And if you can’t
work out your disagreement, you may want to
find a new lawyer.
that the lawyer will perform for you, and the type
and amount of fees that you will be expected to pay.
The agreement should also explain how the costs
(the other expenses of your case) will be handled
and billed. And if the lawyer is going to add interest
or other charges to unpaid amounts, the agreement
should make this clear as well.
Afee agreement may also include your obliga-
tions as a client—to be truthful, for example, and to
cooperate and pay your bills on time.
In forming an agreement with your lawyer,
make sure that you understand all of his or herterms. If you are not sure what to ask, you might
want to bring a friend or relative along with you
when you meet with the lawyer.
Here are a few key questions:
• How will the lawyer bill for his or her time?
(See #11 and #12 describing lawyer fees.)
•Who else will be working on the case —
associate lawyer, legal assistant, paralegal? How
will their work be billed?
•What can be done to reduce fees and costs?
•What is the lawyer’s estimate of the
total charges?
• How will costs as opposed to fees be paid?
(See #13.)
Keep in mind that an estimate is just that —
a calculated guess as to how much the fees
and costs will be. The amount could change as
circumstances change.
The lawyer may have a pre-printed fee agree-
ment. If you don’t like any part of the agreement,
ask the lawyer to make revisions or to draw up a
new agreement better suited to your case.
For more information on fee agreements, along
with some sample fee agreement forms, visit the
State Bar’sWeb site at www.calbar.ca.gov. (Go to
Public Services in the left menu, then Addressing a fee
dispute with an attorney.) If you do not have access to
the Internet, call 415-538-2020.
Make sure you understand the agreement
before you sign it. If you are not comfortable with
any of the terms, don’t sign it. And if you can’t
work out your disagreement, you may want to
find a new lawyer.
11 How does a lawyer decide what to charge?
Lawyers consider various factors when setting
their fees. Alawyer who is well-known in a certain
area of the law might charge more than someone
who is not. If so, you will need to consider whether
the lawyer’s special skills and experience will actual-
ly lead to a better or faster solution to your problem.
A lawyer also might consider the complexity
of the case and the amount of time your matter
could take. For example, the hearing or trial in
your lawsuit may take just a few hours. But the
lawyer may have spent days, weeks or even
longer preparing for it — researching the law,
finding and interviewing witnesses, and preparing
documents and arguments for that hearing or trial.
their fees. Alawyer who is well-known in a certain
area of the law might charge more than someone
who is not. If so, you will need to consider whether
the lawyer’s special skills and experience will actual-
ly lead to a better or faster solution to your problem.
A lawyer also might consider the complexity
of the case and the amount of time your matter
could take. For example, the hearing or trial in
your lawsuit may take just a few hours. But the
lawyer may have spent days, weeks or even
longer preparing for it — researching the law,
finding and interviewing witnesses, and preparing
documents and arguments for that hearing or trial.
12 Do all lawyers charge the same kind of fee?
ents. And most of them must be put in writing.
If the fee arrangement is for a contingency fee—
which means the attorney will get a percentage of
the settlement if you win the case—the agreement
must be in writing. And it must include, among
other things, the agreed-upon percentage.
With non-contingency arrangements, the fee
agreement must include the lawyer’s hourly rate
and other standard rates, fees and charges that
would apply to your case. It also must explain the
general nature of the services that the lawyer will
provide for you.
Sometimes it is impossible for a lawyer to know
exactly how much time your case will take. You can,
however, ask the lawyer to include an estimate of
the time and costs in a written fee agreement or let-
ter. But do not forget that many unexpected factors
could drive up the cost. For example, your case
might involve a cross complaint. This means that the
person you are suing is also suing you. Across com-
plaint could affect the type and amount of the
lawyer’s fee.
Apart from any fee you may pay for your first
meeting with a lawyer, you probably will be
charged either a fixed, hourly, retainer, contingency
or statutory fee.
Fixed fee. This type of fee, sometimes called a
standard fee, is commonly used in routine legal
matters. For example, a lawyer may charge all
clients the same amount to draw up a simple will
or handle an uncontested divorce. Legal clinics
often use this kind of fee arrangement. Before
agreeing to a fixed fee, find out what it does and
does not include. You also should find out if any
283052_StateBar_B_r1:Pam06_Find6 1/5/09 10:40 AM Page 1112
other charges might be added to the bill.
Hourly fee. Some lawyers charge by the hour,
and the amount can vary from lawyer to lawyer.
Ask the lawyer to estimate the amount of time your
case will take. Suppose you contact three lawyers,
and one charges more per hour than the others. You
will need to decide whether this lawyer has the
skills or experience that could bring your case to a
faster solution. Also, remember that circumstances
may change, and your case may take longer to han-
dle than the lawyer initially expected.
Retainer fee. This kind of fee can mean differ-
ent things to different people; make sure you
understand your particular fee agreement.
A retainer fee can be used to guarantee that the
lawyer will be available to take a particular case.
This could mean that the lawyer would have to
turn down other cases in order to remain available.
With this kind of retainer fee agreement, the client
would be billed additionally for the legal work that
is done. If the fee agreement is a true non-refund-
able retainer agreement, you may not be able to get
your money back — even if the lawyer does not
handle your case or complete the work.
A retainer fee also can mean that the lawyer is
“on call” to handle the client’s legal problems over
a period of time. Certain kinds of legal work might
be covered by the retainer fee while other legal
services would be billed separately to the client.
In addition, a retainer fee sometimes is consid-
ered a “down payment” on any legal services that
the client will need. This means that the legal fees
will be subtracted from the retainer until the
retainer is used up. The lawyer would then bill
you for any additional time spent on your case or
ask you to replace the retainer.
Contingency fee. This kind of fee is often used in
accident, personal injury or other types of cases in
which someone is being sued for money. It means
that you will pay the lawyer a certain percentage of
the money you receive if you win the case or settle
the matter out of court. If you lose, the lawyer does
not receive a fee. Either way, though, you will have
to pay the court costs and certain other expenses.
And, depending on the circumstances, these charges
could be quite high. Ask the lawyer for an estimate
of such costs. In some cases, the lawyer may pay
some of these costs for you when they are due,
using money that you receive from the case.
283052_StateBar_B_r1:Pam06_Find6 1/5/09 10:40 AM Page 12If you agree to a contingency fee, make
sure the written fee agreement spells out the
lawyer’s percentage and whether his or her share
will be figured before or after other costs are deduct-
ed. This can make a big difference. Suppose, for
example, you were awarded $20,000 in a personal
injury case and your lawyer was entitled to 40 per-
cent. Court costs and other expenses amount to
$2,000. If your lawyer’s share is figured after the
$2,000 is deducted, the lawyer will receive 40 per-
cent of $18,000—or $7,200; you will receive $10,800.
But, if the lawyer’s share is figured before costs are
deducted, the lawyer will get 40 percent of $20,000
—or $8,000; then, after the $2,000 in costs is deduct-
ed from the remaining amount, you will get $10,000.
Contingency fee agreements must state, among
other things, whether you will be required to pay
the lawyer for related matters (matters not specifical-
ly covered in the written fee agreement) that might
come up as a result of your case. In many cases, the
agreement also must note that the attorney’s fee is
set by the attorney and the client—not by any legal
statute or law.
Statutory fee. The cost of some probate and
other legal work is set by statute or law. For cer-
tain other legal problems, the court either sets or
must approve the fee you will pay
If the fee arrangement is for a contingency fee—
which means the attorney will get a percentage of
the settlement if you win the case—the agreement
must be in writing. And it must include, among
other things, the agreed-upon percentage.
With non-contingency arrangements, the fee
agreement must include the lawyer’s hourly rate
and other standard rates, fees and charges that
would apply to your case. It also must explain the
general nature of the services that the lawyer will
provide for you.
Sometimes it is impossible for a lawyer to know
exactly how much time your case will take. You can,
however, ask the lawyer to include an estimate of
the time and costs in a written fee agreement or let-
ter. But do not forget that many unexpected factors
could drive up the cost. For example, your case
might involve a cross complaint. This means that the
person you are suing is also suing you. Across com-
plaint could affect the type and amount of the
lawyer’s fee.
Apart from any fee you may pay for your first
meeting with a lawyer, you probably will be
charged either a fixed, hourly, retainer, contingency
or statutory fee.
Fixed fee. This type of fee, sometimes called a
standard fee, is commonly used in routine legal
matters. For example, a lawyer may charge all
clients the same amount to draw up a simple will
or handle an uncontested divorce. Legal clinics
often use this kind of fee arrangement. Before
agreeing to a fixed fee, find out what it does and
does not include. You also should find out if any
283052_StateBar_B_r1:Pam06_Find6 1/5/09 10:40 AM Page 1112
other charges might be added to the bill.
Hourly fee. Some lawyers charge by the hour,
and the amount can vary from lawyer to lawyer.
Ask the lawyer to estimate the amount of time your
case will take. Suppose you contact three lawyers,
and one charges more per hour than the others. You
will need to decide whether this lawyer has the
skills or experience that could bring your case to a
faster solution. Also, remember that circumstances
may change, and your case may take longer to han-
dle than the lawyer initially expected.
Retainer fee. This kind of fee can mean differ-
ent things to different people; make sure you
understand your particular fee agreement.
A retainer fee can be used to guarantee that the
lawyer will be available to take a particular case.
This could mean that the lawyer would have to
turn down other cases in order to remain available.
With this kind of retainer fee agreement, the client
would be billed additionally for the legal work that
is done. If the fee agreement is a true non-refund-
able retainer agreement, you may not be able to get
your money back — even if the lawyer does not
handle your case or complete the work.
A retainer fee also can mean that the lawyer is
“on call” to handle the client’s legal problems over
a period of time. Certain kinds of legal work might
be covered by the retainer fee while other legal
services would be billed separately to the client.
In addition, a retainer fee sometimes is consid-
ered a “down payment” on any legal services that
the client will need. This means that the legal fees
will be subtracted from the retainer until the
retainer is used up. The lawyer would then bill
you for any additional time spent on your case or
ask you to replace the retainer.
Contingency fee. This kind of fee is often used in
accident, personal injury or other types of cases in
which someone is being sued for money. It means
that you will pay the lawyer a certain percentage of
the money you receive if you win the case or settle
the matter out of court. If you lose, the lawyer does
not receive a fee. Either way, though, you will have
to pay the court costs and certain other expenses.
And, depending on the circumstances, these charges
could be quite high. Ask the lawyer for an estimate
of such costs. In some cases, the lawyer may pay
some of these costs for you when they are due,
using money that you receive from the case.
283052_StateBar_B_r1:Pam06_Find6 1/5/09 10:40 AM Page 12If you agree to a contingency fee, make
sure the written fee agreement spells out the
lawyer’s percentage and whether his or her share
will be figured before or after other costs are deduct-
ed. This can make a big difference. Suppose, for
example, you were awarded $20,000 in a personal
injury case and your lawyer was entitled to 40 per-
cent. Court costs and other expenses amount to
$2,000. If your lawyer’s share is figured after the
$2,000 is deducted, the lawyer will receive 40 per-
cent of $18,000—or $7,200; you will receive $10,800.
But, if the lawyer’s share is figured before costs are
deducted, the lawyer will get 40 percent of $20,000
—or $8,000; then, after the $2,000 in costs is deduct-
ed from the remaining amount, you will get $10,000.
Contingency fee agreements must state, among
other things, whether you will be required to pay
the lawyer for related matters (matters not specifical-
ly covered in the written fee agreement) that might
come up as a result of your case. In many cases, the
agreement also must note that the attorney’s fee is
set by the attorney and the client—not by any legal
statute or law.
Statutory fee. The cost of some probate and
other legal work is set by statute or law. For cer-
tain other legal problems, the court either sets or
must approve the fee you will pay
13 What additional out-of-pocket costs will I have to pay?
The lawyer will charge you for the costs of your
case as well as the fees. You will be responsible for
paying these costs even if your case is not success-
ful. Costs can add up quickly. It is a good idea to
ask the lawyer for a written estimate of what the
costs will be. You can tell your lawyer that costs
over a certain amount have to be approved by
you in advance.
Here are some typical costs:
• Certified shorthand reporters’ charges for
taking down testimony at depositions and trials and
for providing written transcripts of that testimony.
• Copying and facsimile (fax) costs. These are
usually charged on a per page basis. Lawyers also
may charge for secretarial time spent on these
tasks and telephone charges.• Experts and consultants’ charges. These
costs generally relate to any time spent evaluating
the case and testifying in court.
• Filing fees, which are required by courts
before they will accept legal papers.
• Investigators’ bills. Investigators may help
gather facts related to the case. They usually
charge by the hour and may bill for expenses
such as mileage, meals and lodging as well.
• Jury fees and mileage costs. These are paid to
jurors in civil cases in amounts set by law. The party
requesting the jury must pay such expenses in
advance.
• Postage, courier and messenger costs for
mailing, shipping or personally delivering docu-
ments to you or others involved in your case.
• Service of process fees charged by individu-
als who locate parties and witnesses and deliver
legal papers to them.
• Staff time for secretarial services, including
overtime, word-processing time.
• Telephone bills for long distance calls.
• Travel expenses for the lawyer when he or
she travels on the client’s behalf. These charges can
include gasoline, mileage, parking fees, meals, air-
fare and lodging.
• Witness fees and mileage charges. The
individuals who testify at depositions and trials
receive fees in amounts set by law. You also may
need to pay travel expenses if a witness must be
brought in from far away.
Your lawyer may charge you for other costs
as well. Make sure you understand all of the
costs for which you will be responsible. Ask the
lawyer if you will have to pay such costs directly
or if you will be reimbursing the lawyer for such
costs paid on your behalf.
case as well as the fees. You will be responsible for
paying these costs even if your case is not success-
ful. Costs can add up quickly. It is a good idea to
ask the lawyer for a written estimate of what the
costs will be. You can tell your lawyer that costs
over a certain amount have to be approved by
you in advance.
Here are some typical costs:
• Certified shorthand reporters’ charges for
taking down testimony at depositions and trials and
for providing written transcripts of that testimony.
• Copying and facsimile (fax) costs. These are
usually charged on a per page basis. Lawyers also
may charge for secretarial time spent on these
tasks and telephone charges.• Experts and consultants’ charges. These
costs generally relate to any time spent evaluating
the case and testifying in court.
• Filing fees, which are required by courts
before they will accept legal papers.
• Investigators’ bills. Investigators may help
gather facts related to the case. They usually
charge by the hour and may bill for expenses
such as mileage, meals and lodging as well.
• Jury fees and mileage costs. These are paid to
jurors in civil cases in amounts set by law. The party
requesting the jury must pay such expenses in
advance.
• Postage, courier and messenger costs for
mailing, shipping or personally delivering docu-
ments to you or others involved in your case.
• Service of process fees charged by individu-
als who locate parties and witnesses and deliver
legal papers to them.
• Staff time for secretarial services, including
overtime, word-processing time.
• Telephone bills for long distance calls.
• Travel expenses for the lawyer when he or
she travels on the client’s behalf. These charges can
include gasoline, mileage, parking fees, meals, air-
fare and lodging.
• Witness fees and mileage charges. The
individuals who testify at depositions and trials
receive fees in amounts set by law. You also may
need to pay travel expenses if a witness must be
brought in from far away.
Your lawyer may charge you for other costs
as well. Make sure you understand all of the
costs for which you will be responsible. Ask the
lawyer if you will have to pay such costs directly
or if you will be reimbursing the lawyer for such
costs paid on your behalf.
14 When is my lawyer’s bill due?
Unless you have a contingency fee agreement,
you probably will be billed monthly.If you are paying by the hour, you may
want the lawyer to get your permission before
spending more than a certain amount of time
on your case. You also can ask for itemized bills
detailing how the lawyer spent time on your case.
In addition, you have a right to an itemized bill
that lists expenses such as photocopying, tele-
phone calls and travel costs. In fact, a lawyer must
provide the bill within 10 days of the date that you
request it (unless the lawyer provided a bill within
the previous 31 days). And from then on, you are
entitled to make similar requests at 30-day inter-
vals after the initial request.
you probably will be billed monthly.If you are paying by the hour, you may
want the lawyer to get your permission before
spending more than a certain amount of time
on your case. You also can ask for itemized bills
detailing how the lawyer spent time on your case.
In addition, you have a right to an itemized bill
that lists expenses such as photocopying, tele-
phone calls and travel costs. In fact, a lawyer must
provide the bill within 10 days of the date that you
request it (unless the lawyer provided a bill within
the previous 31 days). And from then on, you are
entitled to make similar requests at 30-day inter-
vals after the initial request.
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