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ATTORNEY FEES: What to Expect

The Rules of Professional Conduct for Attorneys govern fee arrangements between clients and attorneys.  The Rules state that all fees must be reasonable.  Reasonableness is determined by several factors, including the experience and skill of the attorney, the difficulty of the matter, and the time involved.  All clients should talk to their attorney about the fee arrangement best suited to their case.

Hourly Versus Contingent Fee Arrangements

In most cases, your attorney will present you with a written representation agreement.  The agreement will describe the fee arrangement and will include other information concerning the representation.  The agreement will state whether the attorney fees will be hourly or contingent.  Hourly fees are based on your attorney’s hourly rate and are usually billed in increments of one tenth of an hour (six minutes). 

If you have a contingent fee arrangement your attorney will be paid a specified percentage of your total recovery if one is made through settlement or judgment.  Contingent fees are most common in personal injury cases.  Contingent fees are not allowed in actions affecting the family, including divorce, or in criminal defense matters. 

Fee Estimates

In many cases, providing an accurate fee estimate is a difficult task due to the many factors that will affect the completion of the matter and/or litigation.  If you are provided with a fee estimate  be up-front about any questions or concerns.  If, during the course of the representation, your attorney becomes aware that the initial estimate is substantially inaccurate he or she should notify you of the change.  Undoubtedly, open communication between you and your attorney is the best way to avoid any negative issues concerning fees.

Recovering Attorney Fees

A common question posed by many clients is, can I recover my attorney fees from the other party?  In most cases, the answer to that question is “no.”  The United States, unlike almost every other nation, operates under what is known as the “American Rule” regarding attorney fees.  The American Rule essentially means both parties must pay for their own attorney fees regardless of the results of the case.  The Rule has minor exceptions, but in most cases you will be responsible for your own attorney fees.  You should discuss this issue with your attorney prior to commencing your case.

Costs

In addition to attorney fees, in most litigation cases there will be additional costs including, but not limited to:  obtaining medical or employment records, retaining experts, accessing police or accident reports, deposition charges, filing fees and court costs.  You are responsible for these costs regardless of the fee arrangement and regardless of the outcome of the case.

Another cost issue that frequently arises in personal injury cases is the payment of medical bills.  The law firm cannot advance funds for your medical bills.  Medical bills remain your obligation; however, in some circumstances arrangements can be made with your healthcare providers.  Your attorney may be able to assist you in such situations. 

You are encouraged to talk with your attorney not only about attorney fees, but also potential costs and expenses involved in your case.  For further information or to schedule a personal consultation please email Attorney Brenton Teeling ( brenton-teeling@mennlaw.com).  All of our attorneys can be reached by phone at 920-731-6631 to discuss the legal services you may require.

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Menn Law Firm, Ltd., 2501 E. Enterprise Drive, P.O. Box 785, Appleton, WI 54912-0785
920-731-6631