Fees
What Is a Retainer Fee?
The most common type of “retainer” fee is actually an advance fee deposit, usually between $500 and $5,000. These advance fee deposits are paid up front, like a down payment, and then the lawyer subtracts her hourly fees and costs. Most lawyers require advance fee deposits for most kinds of cases. It is important to know that the advance fee deposit may not cover the entire cost of the case.
If you are asked to pay an advanced fee deposit, ask your lawyer what that money will pay for and what will happen once that money is used up. Also ask if any leftover money will be refunded.
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If your case goes to trial, your lawyer may ask a for a second advance fee deposit to cover the legal fees for the trial. That second fee will be due before trial and may be at least $5,000.
What Are “Fees” and “Costs”?
Legal fees are for your lawyer’s advice and services. Costs are other expenses, like filing fees from the court, copying costs, or expert witness fees. Usually you must pay all costs when they happen. They can also be added to your regular bill, if that is the payment arrangement you have with your lawyer. But if your case has been accepted on a “contingency basis”, your lawyer may let you reimburse costs out of any settlement or judgment you get if you win the case. See the “Contingent Fee” description below.
What Is an Initial Consultation Fee?
An initial consultation fee is the fee the lawyer charges for your first meeting. Usually, by the end of the meeting you will decide if you want to hire (sometimes called “retain”) the lawyer, and the lawyer will decide if she wants to take your case. Do not expect to get legal advice during this first meeting. Some lawyers charge their usual hourly rate for an initial consultation; some charge a reduced rate; and others offer free initial consultations. Be sure to ask about the initial consultation fee when you make an appointment.
What Are the Different Kinds of Fee Arrangements?
Fees for private lawyers vary and are negotiable. Three types of fee arrangements are common:
Hourly FeeHourly rates depend on the city or town, the type of cases they work on, and the amount of experience the lawyer has. For example, a common hourly rate for a lawyer practicing family law is $250 per hour in the Seattle/King County area.
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People often underestimate what their case will cost. If the lawyer charges an hourly fee, the lawyer will bill you for small tasks like writing emails to you and answering your telephone calls. Some lawyers charge for their time in six-minute increments, and will round up. For example, if your lawyer charges $250 per hour, a ten-minute phone call may cost you $50.
The lawyer may be able to estimate at the first meeting the number of hours it will take to finish the case. But often unexpected things happen and the lawyer will spend more time on your case than she estimated. So you should regularly ask about the legal costs. You can also ask for an itemized bill every month. This will help you understand what you owe. Ask the lawyer whether itemized billing would increase her charges.
Some lawyers will consider reduced rates if you are low-income. They may decide to lower their fees based on your financial situation and their current caseload. A reduced rate usually does not fall below $90 an hour.
Flat Fee (Set Fee)Some lawyers charge a “flat fee” for certain cases. With this type of fee, the cost of the lawyer’s services does not change no matter how much time the lawyer spends on your case. This kind of fee is often used for cases that are not complicated, like reviewing real estate sales documents, drafting a will, drawing up a contract, or handling a divorce that is uncontested. You and your lawyer should agree on the flat fee in advance. Be sure to ask if the flat fee could change if your case becomes more difficult than expected.
Contingent FeeIn some types of cases, like personal injury cases, the lawyer will not charge you unless you are “awarded” money through a settlement or at trial. In these “contingency” cases, you and your lawyer must sign a written agreement at the very beginning of the case stating how much money (called “recovery”) will go to the lawyer, and how that amount will be calculated. The lawyer may ask for thirty percent of the amount you are awarded, calculated after the lawyer deducts costs. Usually, you will have to pay the costs as they come up. But your lawyer may agree to pay the costs herself and deduct that amount from the money you are awarded. You may still have to pay costs even if you lose your case.
A lawyer cannot represent you in a criminal case on a contingency fee.
Can I Pay for a Divorce with a Contingent Fee?
No. The rules that all lawyers must follow do not let them charge a contingent fee for a divorce case. But after a divorce has been granted, a lawyer is allowed to help you collect overdue child support or maintenance (alimony) on a contingent fee basis.
How Do I Know What My Money Pays For?
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You should ask your lawyer for a written fee agreement. Make sure you understand the agreement before you sign it. The agreement should be clear about what the lawyer will do for you and how and when you will pay her. The lawyer should give you with an itemized bill regularly. Usually, lawyers send bills monthly. But bills can be sent on any schedule that you and the lawyer agree to. An itemized bill will give you a better understanding of the work the lawyer is doing and how much that work costs.
What Is a Fee Payment Schedule?
A fee payment schedule is a monthly payment plan that lets you pay a certain amount every month. Many lawyers will agree to a fee payment schedule after they have been paid the advance fee deposit. Usually, interest will be charged on the amount owed. If you have not arranged a payment plan, you may have to pay the full amount you owe each month.
What If I Can’t Afford to Pay the Lawyer?
Consider taking out a loan, borrowing from friends or family, or using a credit card. Or consider hiring a lawyer just for “limited legal services,” discussed in the next section.
If you do not pay your lawyer’s bill, your lawyer can send you to collections or put a lien on your property.
If you are low-income and have a certain type of case, you may be eligible for free legal help. See Resources at the end of this memo for more information.
What Are “Limited Legal Services”?
Some lawyers offer “limited legal services” to people who are representing themselves. This service is also called “unbundled legal services” or “pro se assistance.” It means that the lawyer will give you legal advice and/or review or prepare documents, but will not be representing you. Generally, a lawyer should give you a written agreement describing exactly what the lawyer will do for you. Most lawyers will ask you to pay for this limited service up front. When you call for an appointment, tell the lawyer that you are calling for limited services, so that the lawyer gives you the right information about her fees. Ask if your first meeting will just be an initial consultation or if she can do the limited service right then.
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