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Fees
& Costs
Fees & Costs: How They Work in a Personal Injury Matter
There seems to be
some kind of mystery surrounding lawyer fees. Let's clear up the mystery
right now, so clients can understand how fees and costs work in a personal
injury matter.
Hourly Rates and
Retainers
Lawyers sometimes
charge by the hour. They have an hourly rate which the client pays for
the attorney's work. In these cases, the client usually deposits money
with the firm in advance, called a retainer. The attorney places the client
deposit in a special bank account, where the money stays until the lawyer
has completed the work for which the client has paid. Then, once that
work is completed, the attorney draws the money from the special bank
account and places it into the firm account.
Contingency Fees
and Costs
On personal injury
matters, lawyers sometimes make an arrangement with the client to be paid
a fee based on the actual compensation awarded to the client. The attorney
and client enter into a contract, where the client agrees to pay the attorney
a percentage of the money recovered in the lawsuit. If the attorney is
able to obtain compensation for the client, the attorney takes a percentage
of the compensation as his fee for his work on the case. If the attorney
is unable to obtain compensation for the client, the client does not owe
the attorney anything for his fees. The attorney is only paid when the
client recovers compensation for his or her injuries.
Costs
Costs are additional
expenses above and beyond attorney fees. While an attorney on a contingency
case will not charge a fee, there may be costs which must be paid as the
case proceeds. Examples of costs are charges for doctor reports, psychologists,
experts, transcript charges, etc. Call the firm if you need to understand
more about costs.
Benefits of a Contingency
Fee Arrangement
Contingency fees have
come under attack by those who feel that attorneys are paid too much under
this arrangement. In evaluating the contingency fee, it's important to
consider the following:
Contingency Fee Arrangements
provide greater access to legal services. Since clients do not have to
pay fees to the attorney, clients with little or no money can have the
resources of an attorney on a legal matter.
Contingency Fee Arrangements
protect clients from spending money on a legal matter, and then being
worse off if they do not win the case. Since clients don't have to pay
the attorney if they lose the case, the client can avoid the "double
whammy" of losing a case AND being faced with a hefty legal bill.
The client can reject
the Contingency Fee Arrangement and opt to pay the attorney by the hour,
even for personal injury matters. Clients who feel more comfortable paying
by the hour may still choose to hire an attorney that way. In this case,
the client does not share any winnings with the attorney - the lawyer
is paid by the hour. However, should the client lose the case, the attorney
keeps his hourly fees and the client recovers nothing.
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