Hiring an attorney is a difficult task. Not only do you need to find an attorney in the area of law you need help in but you must also find an attorney you trust. Sadly, what most people care about most is finding an attorney they can afford. Paying for legal representation can be daunting. As soon as you find the attorney you need, you will have to pay some money upfront and sign an agreement promising to pay what is charged. This agreement is known as the Fee Agreement and it is an important document for you to read and understand.
Believe It or Not, Attorneys Have Ethics
The Fee Agreement sets out the terms of the relationship with your new attorney. Pursuant to professional rules of ethics, the Agreement must clearly set out what the attorney will charge. This means the Fee Agreement must state what the attorneys' hourly rate is and how much the attorney will charge for administrative staff, copies, faxes, or if there is, instead, a fixed percentage of fees for administrative costs (i.e. 6% of fees incurred in that month to cover copies, faxes, etc.) . If you hire an attorney who does not clearly state what these charges will be, insist that they be included. If the attorney refuses, walk out of the office immediately.
One thing that is important to remember is unless the attorney is charging a flat fee for services, it is impossible for any attorney to predict how much a case will cost because of many unknown variables in the legal system. This is especially true for litigation and family law cases where so much of the work is dictated by the Court and the other side. What the professional rules of ethics that govern Fee Agreements does for clients is ensures that they know upfront how much their attorney will charge per hour and how their billing will work so they can make as informed decision as possible upfront. So, instead of asking how much this will cost you, consider how many hours you want the attorney to devote to your case. For an attorney who charges $250.00 an hour a $4,000 retainer only covers 16 hours of time. Is that enough time to reach your goal?
Other Aspects of the Fee Agreement
Professional Rules of Ethics also demand that Fee Agreement make other disclosures to the potential client to that are meant to protect the client's interest. First, the attorney must be sure that he or she does not have a conflict with your case. This means, the attorney must be sure that they do not have an existing client or matter with the party you intend to sue or do business with that in any way could leave the impression that they attorney's interests are divided. An attorney is required to be a zealous advocate for his or her client and cannot be if they also represent the other side.
Further, the Fee Agreement sets forth the billing schedule, the attorney's duties, the scope of the attorneys work and the rights of the client in their own case. All of these provisions are there to protect the client's interest and develop the scope of the representation.
However, the Fee Agreement also protects the attorney. Should a client not pay for services, the Fee Agreement can be used in Court to prove that the client promised to pay for services rendered and is therefore in breach of contract. However, if a client and attorney have a candid discussion at the beginning of the relationship about what the goal of the representation is and how much work it will take to get there, the attorney client relationship tends to be rewarding to both sides.
Disclaimer
Dena Bez is a licensed California Attorney whose practice focuses on family law including divorce, custody disputes, domestic partnership issues and small business counseling.
This Article is made available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using the article or the information contained in the article you understand that there is no attorney client relationship between you and the publisher. Any information in the article should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
