Attorneys Fees

Attorneys fees and how they are arrived at have long been the most contentious issue between attorney and client.  Recently, Stephen J. Harper a former partner at the law firm Kirland & Ellis and an adjunct professor at Northwestern University, and the author  of “The Lawyer Bubble: A Profession in Crisis” bemoaned the large-city law firm billing schemes.  His editorial piece can be found at: http://www.nytimes.com/2013/03/29/opinion/the-case-against-the-law-firm-billable-hour.html?hp&_r=0&pagewanted=print

Truly, the large law firm billing practices are unfair and unconscionable.  However, the real reason behind the expensive hourly rates for relatively inexperienced attorneys is greed -- across the board.  First, the senior partners of most large law firms make more money than they are entitled to.  Their performance has nothing to do with the results that they achieve.  Moreover, the sky high rates that they do charge bear no relationship to the reality of the work that they actually do.  They charge rates of $400, $800, and some over $1,000 an hour because they can.  But they should not be able to charge that much money, because it is not fair. 

Ultimately, we all pay for such unfairly inflated attorneys fees.  These large firms charge such high rates not to individuals but to corporations.  If they do charge such rates to individuals, the only people that can pay those high rates are the super rich.  Because corporations are paying those rates, that means that WE are paying the rates.  Each product that we buy, each service that we take advantage of increases in price because large law firms, (and some small ones) charge the unreasonable fee, the corporate bosses, playing with corporate money, pay it, and they pass the ultimate cost on to the consumer.

With the tremendous glut and overpopulation in lawyers -- oh, yes, they keep coming from law school -- you would think that the hourly rates of lawyers would decrease.  They have not.

In our area, the North Country of New York, it is a problem.  WHAT CAN YOU DO ABOUT IT?

If you are in need of an attorney ASK the attorney what his or her fee for services are.  Countless times when I am in with a client seeking my advice they rarely ask how much it is going to cost.  Quite often I have to bring it up. 

Fees often depend upon the case.  For example, there is no hourly rate charged for our clients on a personal injury case.  We charge a fee on a CONTINGENT basis.  A CONTINGENCY FEE is a fee that is absolutely result oriented.  If I do not secure an award, by settlement or trial, I am not owed an attorney fee.  If I do secure an award, the attorney would be entitled, again, depending upon the TYPE of the personal injury case, a percentage of up to 33 and 1/3rd percent of the total amount recovered.

If you are engaged in a divorce or Family Court matter, we do charge an hourly rate.  We discuss the hourly rate with our prospective clients at our first meeting.  We also bill our clients every 30 to 60 days so that they know what we are doing.  If a client has a concern about our billing we have dedicated staff members and attorneys who address billing issues directly with the client.

Expensive lawyers do not mean better results.  Oftentimes I have seen here in the North Country, attorneys charging $275.00 and over who have no business charging that much because of their relative inexperience, abilities, or other factors.  Your best bet is to talk to lawyers about what they charge, how they charge and when they charge.  DO NOT BE AFRAID OR EMBARRASSED in talking about the bill and do not be afraid or embarrassed to negotiate the bill or the rate.

Always remember, lawyers cannot work for free.  They have families to provide for and support staff, (which help you to get your case pushed forward), to pay for the work they do.  However, having a candid and open discussion about attorneys fees makes it a much better experience for the client with much more predictable results. 

If you think that they attorney that you are considering charges too much, call up attorneys in the area to ask how much they charge per hour.  If you are an informed consumer you can then concentrate on the legal issue that you hired the lawyer for in the first place.