An Important Choice: Fees That Are Fair

Since you have read this far you know one thing for sure: we are serious lawyers. We live and breathe your interests as our clients. As serious lawyers, our business arrangements with you are important to us, and you. We must make good case selection decisions, you must help us by being truthful about your case, and your financial circumstances. If you are looking for something for nothing, we are not for you.

We will share risk with you. The risk we share is uncertainty; lawsuits involve risks. Sometimes, we agree to help clients with expenses. We prefer not to. Clients who have no investment do not do as well as those with some manageable level of involvement.

We know that terrible things happen that disrupt family and business finances. Death, dismemberment, injury, fraud, financial injury, can all cause these problems. If we take your case on contingent fee terms – we get paid if you win terms – we must decide with you what out of pocket non-fee expenses will be incurred and how they will be handled. Our understanding will be written and signed, or you will owe the costs. This includes the cost of medical records, expert witnesses, court reporters, court fees, travel and exhibit costs, and the like. If we agree to do so in writing, we may advance these expenses to you as a loan you must pay in the end from your recovery. Repayment is not contingent on the results.

All our risk sharing arrangements must be in writing. If we do not have a written engagement agreement with you, you must pay our invoices within 30 days of receiving them and let us know if you disagree with them within 20 days of getting them. Disagreement does not mean you don’t pay; it means we will consider what you have to say.

Fees That Fit

We also like fees that fit. Sometimes this means a contingent fee that has many brackets for a case with many potential disconnection points. Sometimes it means unit billing with no contingency. “Unit billing” involves monthly or quarterly invoicing for the amount we think is right for what we have done. We give you 20 days to agree or disagree. Then the invoice we send is due. This allows us to talk about the amount, make adjustments, answer questions, and if necessary, negotiate new arrangements and reduce them to writing.

We like to blend fees for some clients and some kinds of cases. This means partial payment only if we win and partial payment as the case progresses. We do this only if the case and client circumstances fit, and we agree with you in writing to this approach. We do not like going unpaid, and we do not like clients who do not pay what is agreed, or let us know in advance that they need new arrangements. Since we are committed to doing what we commit to do for you, we expect the same from you.

Many lawyers promise “no fee unless we win.” We know nearly all of them run volume settlement shops and nearly never see a courtroom. If you have a case that involves a minor injury and needs a treadmill settlement shop’s attention, we are not your law firm. If your case is serious, your needs are great, you are honest about your circumstances, and we agree in writing with you to do so, we will share risks on terms expressed in a serious professional contract for our services.