Wednesday, March 20, 2013

What to Talk About When Talking About Fees



Before you hire a lawyer, be sure to have a frank discussion with that lawyer about fees. Money may be hard for some people to talk about but it is critical that you and your lawyer discuss fees early in the relationship and that you are comfortable with what you and the lawyer have worked out before the case gets going. Fee agreements with your lawyer should be in writing (called "retainer agreements") and should describe in detail the arrangements that you and the lawyer have come to with respect to your case or legal issue.

How the lawyer will charge you will often depend on the type of case you have. For some types of cases, lawyers will charge an hourly rate (a family law case) or a flat fee (a real estate transaction or a will). In personal injury cases like car accidents, lawyers often take cases on a "contingency fee" basis. What this means is that the lawyer does not charge you until your case is over and it's based on a percentage of what the attorney wins/negotiates for you for your injuries. That percentage can vary a lot and you should talk to several lawyers to figure out what a reasonable contingency fee would be.

For personal injury cases, you want to make sure that you talk to the attorney about who is going to pay for expenses throughout the case. Expert witnesses and other costs incurred by the lawyer can sometimes be billed to you directly which could cost you a lot of money before the case is over. Other times, the lawyer will pay for all the costs associated with your case and then get reimbursement for the costs at the end of your case. Be sure that this part of the fee arrangement is worked out and in your retainer agreement.

It's always a good idea to get several opinions from different lawyers before you select one to represent you. If you are unsure about how to find a lawyer who is right for you, or if you want to know that your lawyer is qualified in personal injury cases, you should call your local nonprofit lawyer referral service. In Riverside, the Lawyer Referral Service of the Riverside County Bar Association can be reached at: Western Riverside County (951) 682-7520; and East of Banning (760) 568-5555. They can also be found on the web at:  http://riversidelrs.org/ .


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