Attorney Fees
You may wonder how an attorney determines the amount of fees charged in each case. The fee amount will vary. In criminal defense cases, each case must be assessed individually to determine how complex the case is, whether extensive discovery will be required, whether the individual has co-defendants, the individual’s criminal arrest history, whether the charges are felonies or misdemeanors, whether there are multiple charges–all of these factors go in the determination of a fee. Every case is different, thus while a general figure can be quoted initially, it is not really possible to determine all of the avenues of defense in a case until a client is interviewed. Once a client is interviewed, the attorney will be better able to determine what defenses to assert, the extent of discovery and witness development will be required, etc. These determinations will all go into the final fee.
In family law cases, the fees are a little easier to quote, though it will still vary depending on many factors, such as length of marriage, amount of assets and liabilities, whether children are involved, whether either party is/was member of the military, etc. A retainer fee will be required to begin working on the case. Once the retainer is exhausted, the client will be billed monthly based on an hourly rate. All of the monthly fee information will be provided to the client at the point the attorney is hired, and a contract will be provided. This contract lays out all of the specifics of the attorney’s services, charges, and billing.
Most civil cases will be contingency based, meaning the client pays nothing until and unless a settlement is obtained. The attorney will front all costs necessary to preparing and presenting the case, depositions, medical records, etc. When a settlement or verdict is obtained, the costs will be reimbursed to the attorney. The attorney’s fee is a percentage of the settlement or verdict obtained, and the amount of the percentage will depend on whether the case was settled prior to filing a lawsuit, or whether the case went to trial.
Many attorneys have a two-tier fee system, and this system requires retainers, (excluding costs) to work a case up until trial, and an additional trial fee. Most retainers are non-refundable primarily because the attorney may have given up other cases to accept a particular client, and because the courts will often not allow attorneys to withdraw from a case prior to that case reaching resolution. Whatever type of case you may have–criminal, family, or civil–there will be a contract explaining all of the details of the attorney’s fees in that case.
Once you retain the Law Offices of Lynn W. Martin, Inc., you will receive a customized fee agreement, outlining the extent of the work the attorney will be performing in your case, and the fee required. Fees will be based on the attorney and the attorney’s staff’s actual time working your case, as well as the attorney’s expertise and ability to navigate through the courts. We encourage you to ask questions so that you can be fully informed of how your case will be handled, and what you will be charged for your case to be handled.
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