LEGAL FEES
In criminal cases, “contingent fee” agreements (whereby the amount of the fee varies according to the result obtained) are not permitted. If a lawyer is able to fairly estimate the nature and extent of the work that will be required to resolve a crimnal case, a “flat fee” agreement, which specifies the lawyer's obligations and the amount of the fee, may be suitable. It could also provide for additional payments if additional work is necessary, and might describe the terms of payment, especially dates and amounts of partial payments. Such an arrangement has both advantages and disadvantages for the lawyer and for the client. For both parties, it has the advantage of certainty about the amount of the fee. The client will not be faced with a bill for legal services which exceeds his expectations. But the lawyer's initial estimate of the time and difficulty likely to be involved is only an estimate. Even if it is a very reasonable estimate, the case may not unfold as expected. If a case is resolved more quickly and more easily than was forseen, so much the better for everyone. Yet the client may have paid a flat fee that is higher than would have been incurred had the legal services been billed at an hourly rate. On the other hand, a case may take more time and trouble than had been expected. If so, the the flat fee may have saved the client some expense.
At the first meeting between lawyer and client, it may not be possible to estimate accurately the difficulty of the case and the time needed. If so, an agreement based upon an hourly rate of compensation might be preferrable. Many factors bear upon the rate a lawyer charges for legal services. That rate may vary from case to case and from client to client. Whatever agreement is reached in a particular case, it is important the terms be clearly understood. A formal written fee ageement may be used. If not, the essential terms should be confirmed by a letter from the lawyer.
Copyright 2014 - Russell J. Redgate