What’s involved in hiring an attorney as an individual client?
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My base rate is $100 for a half-hour consultation. This consultation can be in person or virtual. I ask that you bring any relevant documents. If we’re going to be meeting virtually, we’ll discuss how to transfer documents electronically beforehand.
Depending on the nature of your legal matter, I might charge an hourly rate for representation, or I might take your case on contingency. If I take the case on contingency, your consultation fee will be applied toward the final fee you owe at the end of representation, and will be refunded if there is no recovery.
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Most legal services for individuals are provided on an hourly basis, calculated on intervals of .1 hours. For each month that I represent you, you will receive a detailed, itemized statement of all work performed on your behalf and the amount of time it took to complete.
When I represent you on an hourly basis, I will typically ask for a retainer to remain in my trust account until (and unless) earned. I use the retainer to cover any costs (i.e., charges by third parties such as the court or other entities) associated with representation. In addition, your retainer is the first place I will look to cover my fees earned. When you receive an invoice, you will have an opportunity to discuss all fees with me before I remove any funds from my trust account.
For some matters, I will bill on contingency. That means that you will only pay my fees if I successfully recover money for you. My fees in this type of case will often be a percentage of total recovery, plus any costs of litigation.
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When I ask for a retainer, I’m asking for a supply of money up front to cover anticipated costs and fees. That money goes into my trust account.
Importantly, that money belongs to you unless or until it is earned. Ethics rules require me to safeguard any money or property belonging to you. Therefore, if I don’t earn the money in my trust account before the end of representation and if I don’t need to spend it on your behalf, any leftover will be returned to you with a complete accounting.
Please bear in mind that litigation fees can add up quickly. There may not be anything left in the trust account at the end of litigation. My practice of asking for a retainer does not reflect any intent to have you pay the entire cost of litigation up front.
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A contingent fee is one where I only charge for my services if I am successful in recovering money for you. Contingent fees are typically a percentage of total recovery.
Under most circumstances, I would take plaintiff’s-side personal injury or employment matters on a contingent basis. For example, I would ordinarily charge a contingent fee if I represent you in a case where you intend to sue another person or entity for physical harm they have done to you. Similarly, I would normally charge a contingent fee if you were wrongfully terminated by your employer.
I would also normally take District Court appeals of Social Security Disability cases on a modified contingent basis if you come to me as an individual seeking representation.
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Fees are my charges for performing legal services. When I perform legal work for you, fees represent my compensation for that work.
Costs are third-party charges associated with representation. These are amounts I have little to no control over. This includes charges such as court filing fees, travel expenses, expert witness fees, extraordinary copying or postage charges, and similar charges imposed by others that are sometimes necessary to represent you. If an anticipated charge is over a certain amount outlined in your fee agreement, I will discuss it with you before incurring the cost.
Fees may be hourly, contingent, or (in rare circumstances) a flat fee. Costs, if incurred, must be paid to me in all cases regardless of the nature of our fee arrangement.
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When I represent you in the District Court on a Social Security Disability appeal and I am successful in achieving either a remand to the agency or an award of benefits, I will first look to the U.S. government for fees under the Equal Access to Justice Act (EAJA). This is a rule that shifts the burden of suing the government to the government itself and allows attorney fees to be paid with government funds.
However, our agreement will also require you to let me know if your disability claim is ultimately successful on remand. If it is, then I will also petition the Court for a portion of your back pay under 42 U.S.C. 406(b). If I receive more from your back pay than I received under EAJA, I will refund anything I received under EAJA to you.
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Yes!
When you hire me, we will execute a written fee agreement explaining in detail how I will be paid and what is expected of each of us during and after representation. If you have any questions about your fee agreement and scope of representation at any time, I encourage you to ask.
Please note that the information provided in this FAQ is a guideline only. Individual fee agreements are based on the individual factors involved in your unique case and there may be deviations from the information presented above.
The information presented in this FAQ is not a fee agreement. It is intended to give an overview of potential fee agreements only. It is not a contract to perform legal services in a particular manner or to charge for legal services in a particular way.
Hiring an attorney can be complicated. In this section, I attempt to answer some common questions you may have about how I generally charge for services.
Please note: This section is for informational purposes only. This section is not a legal contract. The unique circumstances of your case may require deviations from the information presented here. Only your written fee agreement will control the terms of my representation.
In addition, the information presented here does not apply to law firms that may wish to hire me on a contract basis. If you represent a firm and wish to hire me to perform legal services as a subcontractor, please contact me to discuss your needs.