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How Do You Pay A Lawyer


Experts In This Article

When a legal dispute or concern arises, many people will think about how much it will cost them to get legal help from a qualified and experienced attorney. Not everyone has additional income readily available to hire a lawyer at a moment’s notice, but when problems arise that need an attorney’s attention, you may wonder how you will pay for these services.

Different Types of Lawyers Prefer Different Financial Arrangements

How Do You Pay A Lawyer

There is no one-size-fits-all approach to legal billing. Each lawyer has preferences and billing arrangements for the particular practice. It can make sense for certain areas of the law or depending on your legal needs, for some arrangements to take precedence over others.

Ultimately, it is at the lawyer’s discretion to choose their payment methods. Under any circumstance, a lawyer should notify a potential client of how they will bill the charges for their legal services and their rate. Always understand the fee arrangement as spelled out in writing before hiring an attorney.

Most reputable attorneys and firms will enter into a legal fee agreement at the beginning of the attorney and client relationship. Through this agreement, you can estimate how much the legal services will cost you and the billing method the lawyer will use. If you have any questions about the financial arrangements for legal services, you need to ask as soon as possible to prevent any surprises later on down the road.

Depending on the type of legal matter at issue, the preferences of an attorney, and the extent of legal services you require, a lawyer may choose one of the various billing methods for your representation.

#1. Some Lawyers Can Charge by The Hour

This is often the method of billing most people associate with attorneys. Lawyers that bill by the hour have a specific rate they will charge per hour on the amount of time they spend on resolving your case. Billable hours include any work that furthers a case. The amount a lawyer, or different lawyers, will charge per hour will vary greatly. Often, experience and a track record of proven results can yield a higher per-hour rate than an attorney just starting out or working beneath the higher ranks at a firm.

#2. Some Lawyers Can Charge a Flat or Fixed Fee

Straightforward legal matters like the preparation of documents and contracts or disputes with a limited scope can result in a flat fee arrangement by an attorney. In these cases, an attorney will give you an upfront total cost for the resolution of the matter. You will know from the outset of the case how much your legal fees will be for the services of an attorney. This type of financial arrangement is more common in simple legal matters. It is not common for an attorney to charge a flat fee in cases that are unpredictable or can last for a significant amount of time.

#3. Some Lawyers Can Work Under a Retainer Agreement

Another common arrangement between lawyers and their clients is the use of a retainer agreement. Under this financial arrangement, a client will pay a certain amount to keep a lawyer at their disposal should legal matters or questions arise. This is common practice with businesses or individuals that require routine legal advice on transactions and other issues.

In a version of a retainer agreement, a client can make a lump sum payment to an attorney to have the lawyer draw out payments for work as it occurs. Retainers can be more complex than other financial arrangements as matters may require additional compensation or issues that arise that are not included in the initial retainer.

#4. Some Lawyers Can Charge on a Contingency Basis

Some lawyers choose to use a contingency fee agreement for the representation of a client. In this payment arrangement, a lawyer does not require any upfront payment from a client for their legal services. Rather, a lawyer will enter into a contingency fee agreement with the individual and then will receive payment only if the client recovers compensation in their case.

#5. Some Lawyers Work Under a Hybrid Financial Arrangement

Some attorneys may not fall under either of these payment arrangements for their representation but rather a combination of these methods. Depending on their relationship with a client and the nature of the legal work involved, an attorney may choose a hybrid of these financial structures that work best for them and their clients.

What Type of Payment Arrangement Do Personal Injury Lawyers Take?

If you suffer a personal injury, you may hesitate to seek a lawyer out to help you fight for compensation for fear that you may not be able to afford their services. Personal injury attorneys understand that victims of a personal injury do not expect or prepare to be in the situation they are in following an accident due to another party’s fault.

Lawyers that represent clients in personal injury cases mostly work under contingency fee agreements. While not all personal injury lawyers choose to work under this arrangement, the vast majority do. If you encounter an attorney for a personal injury case that uses a different financial arrangement and requires you to make payment upfront, you can discuss their arrangement in more detail. However, this is not the norm in the area of personal injury law.

What Exactly Does It Mean When a Lawyer Works on a Contingency Fee?

A contingency fee arrangement with a lawyer means that you will not pay for attorney’s fees unless you receive compensation in your case. A lawyer’s services in a personal injury case are not only limited to their work but that of the staff within their practice and the resources they may need for your case.

You must also consider that an attorney will take on litigation costs as they prepare your case and file claims with an insurer or for the needs of a trial if one should become necessary. Litigation costs are rarely part of the contingency fee percentage agreement. It is always best to understand whether the deduction of these costs will be before or after the contingency fee percentage in your case, should you receive compensation for your damages. Litigation costs can include filing fees, hiring experts, investigation and collection of evidence, discovery costs, and everyday office costs to cover the needs of your case such as printing, mailing, and other incidentals.

Many people wonder why a lawyer would work under such circumstances. The reality is that lawyers carefully evaluate cases before they attempt to take on a client’s case. This does not mean that, because a lawyer takes your case, you will automatically win or receive the compensation you want. It does mean that a lawyer, after evaluating your case, believes in your claim or lawsuit and has confidence that you may recover compensation.

A contingency fee arrangement consists of a certain percentage of your total compensation that will go towards your attorney and legal fees. This percentage will be in the agreement you enter with your attorney once you decide to hire them for your case. There are no surprises in a contingency fee arrangement. You will understand from the moment you hire an attorney how much of your settlement or award by a court will pay for your legal services.

If you do not reach an agreement through negotiations or your case goes to trial but is unsuccessful, there is no obligation on your part to pay an attorney for their representation in your case. You are under no financial risk in hiring an attorney for a personal injury case. You will not be on the hook for payment of legal services if there is ultimately no compensation to you in your case.

When Do You Pay a Lawyer That Works on Contingency?

If you reach a settlement agreement or a court enters an award in a lawsuit, your lawyer will receive payment from the compensation proceeds. Once an insurer or at-fault party pays the total compensation in your case, your lawyer deduct

s the percentage you agreed upon and you will receive the remainder of the money.

How Do You Know How Much the Contingency Fee Will Be for Your Case?

It is up to a lawyer how much of a percentage they will charge in a personal injury case. More experienced attorneys may charge higher contingency fee percentages due to their background or a higher percentage may apply in more complex cases or a higher risk to the attorney.

You should be aware of the contingency fee an attorney will charge you before you agree to a contract. You must sign a contingency fee agreement with your attorney at the outset of your representation. At this time, you will be able to look over the agreement and ask for clarification or answers to any questions you may have.

This agreement will specify the percentage of the contingency fee and any circumstances that may raise or lower the percentage you agreed upon with your attorney.

Is there a Limit to How Much a Personal Injury Attorney Can Charge in a Case?

Contingency fees, just like other legal fees, must be reasonable. Many factors can determine whether a rate is reasonable. Many states have limitations on the percentage a lawyer can take as a contingency fee. The cap on contingency fee percentages in Florida depends on the stage in which a case resolves.

For example, a case that settles before a defendant submits an answer to a lawsuit:

  • It is subject to a cap of 33 1/3 percent of settlements that are up to $1 million,
  • Any recovery between $1 million to $2 million is subject to a 30 percent cap,
  • And any recovery that exceeds $2 million is subject to a 20 percent cap for any amount that exceeds $2 million.

Additional caps and limitations apply to cases where a settlement or award happens after the defendant files an answer in a case, and if it should become necessary to appeal a decision or award.

How Do You Hire a Lawyer for a Personal Injury Case?

To hire a lawyer for a personal injury case, you first start with a free case consultation. At this first meeting with an attorney, you can go over the facts of the case and discuss what legal options may be available to you. During this time an attorney may inform you of whether they can accept you as a client. If an attorney accepts your case and you choose to hire them as your lawyer, you will enter into a contingency fee agreement. You must go over this agreement carefully and in detail to understand the costs of your legal representation should you win compensation in your case.

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