Legal Fee Structures
There is no set rule or requirement on how attorneys are to charge fees. Usually, the type of fee charged depends on the type of representation being offered. For instance, a lawyer may charge an hourly rate for work performed for his clients. The hourly rate normally does not include any costs or expenses incurred in the litigation. An attorney representing a business client concerning the client's business issues is one example of an hourly rate fee.
Some attorneys handle cases on a contingency fee basis. Normally, on a contingency fee basis, the attorney is trying to recover a settlement for the client. Most automobile accidents are handled on a contingency fee basis. In such representation, the attorney may agree to pay the costs of the litigation such as filing fees, deposition costs, court reporter costs, and subpoenas. Many times these types of costs will be reimbursed back to the attorney out of the client's funds at time of settlement. An attorney that takes a case on a contingency fee basis usually does so under the understanding that the attorney will not be paid for his time and efforts in the case unless there is a recovery of a settlement for the client. However, some attorneys still insist on being reimbursed for any expenses or costs the attorney has paid, even though the client ultimately does not receive a settlement. The case may be settled informally through negotiations between the attorney and the other side; or a judgement may be provided by a jury, if the case can not be settled and has to go to trial.
Another common form of attorney fee is a "retainer" - routinely charged in criminal cases. Most criminal defense attorneys require a fee before they will undertake representation in a criminal case. Some attorneys will accept less than all of the fee before representation begins. Some attorneys will structure their fee arrangement on whether the case goes to trial or whether it is resolved in some othe fashion other than a jury trial. Keeping in mind that most criminal cases do not go to a jury trial, inquiry should be made at the onset on how the attorney is planning on handling the case and whether he is charging for a trial fee or less than a trial fee. As in other types of representation, costs in criminal cases can include expert witness fees, subpoena fees and investigation fees. Expenses may be included in the fee stated by the attorney, or may be in addition to the fee amount. These issues should be discussed at the beginning of representation.
Provided by the law offices of:
A. Philip Lomonaco
800 S. Gay St., Suite 2610
Knoxville, TN 37929
(865) 521-7422
www.knox-law.com
izyglty@usit.net
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Disclaimer
The information contained herein is the opinion of one attorney. It is not intended as advice and the person reading this information should consult his or her own lawyer to discuss the specific facts about the case. Every case is different and the information contained in this web site is designed to help focus on the issues but not intended to recommend a certain course of legal action.
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