Not all attorneys handle cases in all areas of law. In fact, most attorneys specialize in a specific field of law. As a result, the rate that attorneys will charge will depend on the type of case they are handling for you. The cost to handle hour case will depend on:
- The type and complexity of the work.
- The likely length of the case.
- How many attorneys and staffers are working on it.
- The prestige of the lawyer or firm.
- Sometimes, your own ability to pay.
In many cases , your lawyer won’t be able to give you a specific fee amount before the case is over, because circumstances vary too much from case to case. Lawyers are, however, barred by law from charging excessive fees. An attorney should be able to provide a rough estimate based on what they know prior to starting work on your case.
You should know that attorney fees are independent of any court costs or fees you’re expected to pay in the case. These can include charges for a court reporter, testimony from expert witnesses or secretarial time. Again, your lawyer should be able to give you at least an estimate of this figure.
Types of Rates
Many attorneys charge hourly rates. These vary greatly; a divorce lawyer’s standard hourly rate is likely to be much lower than the hourly rate of a big-city litigation firm. Hourly rates are rarely set in stone, but you can expect it to be in the hundreds of dollars per hour for attorneys and $25 or more for paralegals. In an ongoing matter like a lawsuit, you should get billed once a month. Attorneys will sometimes set up payment plans for clients who can’t pay right away.
Lawyers use fixed or flat fees for routine matters whose length they can predict, like an uncontested divorce, a simple will or a personal bankruptcy. You’ll know the amount of this fee from the start.
In a retainer fee arrangement, you pay in advance for services you know you’ll need in the future. You’re paying partly to make sure your lawyer is available when you need him or her, so you pay regardless of whether you have legal problems. This is usually used with a specific case, but companies that offer prepaid legal services are also charging a retainer fee.
Contingency fees are used in cases where you stand to win money -- generally personal injury lawsuits, in which you’re suing someone who illegally caused you some type of harm. You agree with the lawyer in writing that he or she can take a certain percentage of your winnings. This is usually a fairly high percentage, because if you lose, you both get nothing.
Occasionally, the law requires a lawyer to charge a specific fee; this is called a statutory fee and is not common outside of wills and trusts matters.
Low-income people may be entitled to a court-appointed public defender, a free defense attorney, if they’re charged with a crime. In civil cases, people with low incomes and people with cases that an advocacy group thinks can change the law may be able to get a pro bono, or volunteer, attorney. A legal aid organization or other public-interest legal group can tell you whether you qualify to receive pro bono services.
