SIGforum.com    Main Page  Hop To Forum Categories  The Lounge    Legal question for those with experience....
Go
New
Find
Notify
Tools
Reply
  
Legal question for those with experience.... Login/Join 
Team Apathy
posted
Without getting into details if a person believes they have a valid civil case against another party (whether that be an organization or person or company) and that person seeks to retain counsel, how is that counsel paid? Is it done on a percentage of potential payout? Billed at an hourly rate?

Are consultations typically done free of charge?
 
Posts: 6354 | Location: Modesto, CA | Registered: January 27, 2005Reply With QuoteReport This Post
I believe in the
principle of
Due Process
Picture of JALLEN
posted Hide Post
In civil matters, there are two basic arrangements, contingency fee and pay as you go.

Contingency fees are common in personal injury cases, perhaps medical malpractice and similar. Almost all others are pay as you go, generally on a time and expenses basis. Every litigation case I handled as a lawyer was an hourly rate plus certain costs, travel, court fees, expert witnesses, deposition, etc. I supervised hundreds of cases as a lawyer on staff at two title insurers as well. The cost plus expenses arrangement was used exclusively.

Many firms offer an initial consultation at no cost. I always did.




Luckily, I have enough willpower to control the driving ambition that rages within me.

When you had the votes, we did things your way. Now, we have the votes and you will be doing things our way. This lesson in political reality from Lyndon B. Johnson

"Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible." - Justice Janice Rogers Brown
 
Posts: 48369 | Location: Texas hill country | Registered: July 04, 2005Reply With QuoteReport This Post
Oh stewardess,
I speak jive.
Picture of 46and2
posted Hide Post
No lawyer here, but most cases are the pay up front sort, with the plaintiff bearing the burden of financial risk.

The sorts of cases where the plaintiff's attorneys will work on a contingency / get paid on the back end are those where there's a chance of a big payoff (Bob's employer at the steel plant is known to have poor OSHA regs enforcement and as a result Bob lost his leg).
 
Posts: 25613 | Registered: March 12, 2004Reply With QuoteReport This Post
Little ray
of sunshine
Picture of jhe888
posted Hide Post
The above are correct.

Some kinds of cases - injuries - slip and fall, car wrecks, medical malpractice, and others are very often done on a contingent fee basis. The lawyer takes a percentage of the recovery. The percentage varies, but if you go all the way to trial, it is generally between 33% to 40%. The lawyer generally fronts all the expenses (which can be considerable), but gets those back first if there is a recovery.

Contingent fee lawyers always do free consultations, as they are evaluating your case as much as you are evaluating them.

Hourly rates vary widely with experience and location. In hourly fee matters, the client pays expenses as the case moves along.

Sometimes there are free consults. Ask.

We can't tell you more without more information.




The fish is mute, expressionless. The fish doesn't think because the fish knows everything.
 
Posts: 53117 | Location: Texas | Registered: February 10, 2004Reply With QuoteReport This Post
Team Apathy
posted Hide Post
quote:
Originally posted by jhe888:

We can't tell you more without more information.


Thanks gentlemen, that's what I have gathered but wanted confirmation. Can I can get a more specific opinion if I email with more specific info?

JAllen, same question for you... can you offer some basic opinions if I email greater detail?
 
Posts: 6354 | Location: Modesto, CA | Registered: January 27, 2005Reply With QuoteReport This Post
Little ray
of sunshine
Picture of jhe888
posted Hide Post
Yes, email me. I can answer some basic questions.




The fish is mute, expressionless. The fish doesn't think because the fish knows everything.
 
Posts: 53117 | Location: Texas | Registered: February 10, 2004Reply With QuoteReport This Post
I believe in the
principle of
Due Process
Picture of JALLEN
posted Hide Post
quote:
Originally posted by thumperfbc:
quote:
Originally posted by jhe888:

We can't tell you more without more information.


Thanks gentlemen, that's what I have gathered but wanted confirmation. Can I can get a more specific opinion if I email with more specific info?

JAllen, same question for you... can you offer some basic opinions if I email greater detail?


I suppose so, but be aware I’m not a lawyer any more, so things you tell me may well not be privileged, and of course, I’m not allowed to give legal advice, practice law, etc. Not only am I years away from active legal practice and hence not current on many issues, but my experience is pretty narrow. So, it’ll be worth somewhat less than it will cost ya!




Luckily, I have enough willpower to control the driving ambition that rages within me.

When you had the votes, we did things your way. Now, we have the votes and you will be doing things our way. This lesson in political reality from Lyndon B. Johnson

"Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible." - Justice Janice Rogers Brown
 
Posts: 48369 | Location: Texas hill country | Registered: July 04, 2005Reply With QuoteReport This Post
Member
Picture of mikeyspizza
posted Hide Post
In 2007, I paid $175/hr in Florida. In California, 10 years later, I would guess $300/hr. So, a 10-minute phone call with the attorney is $50.
 
Posts: 4006 | Location: North Carolina | Registered: August 16, 2003Reply With QuoteReport This Post
Team Apathy
posted Hide Post
Emails dispatched, kind sirs.
 
Posts: 6354 | Location: Modesto, CA | Registered: January 27, 2005Reply With QuoteReport This Post
Res ipsa loquitur
Picture of BB61
posted Hide Post
You are also seeing fee based services. For instance, an attorney would charge a set fee for anything short of trial or to a specific and defined event. If the case does not settle or you must proceed beyond the defined event, they will charge an additional fee. Finally, most agreements like this require a separate fee for any appellate work.

I also see attorneys that charge a lower hourly rate for pre-trial work and a higher hourly rate for trials/arbitration.


__________________________

 
Posts: 12434 | Registered: October 13, 2002Reply With QuoteReport This Post
Striker in waiting
Picture of BurtonRW
posted Hide Post
quote:
Originally posted by 46and2:
No lawyer here, but most cases are the pay up front sort, with the plaintiff bearing the burden of financial risk.


Not sure what kind of cases your dockets are filled with, but most civil matters around here are of the personal injury or breach of contract kind, both of which are commonly handled on a contingency fee basis. The next most popular would be domestic/family law and those are most definitely handled on an hourly basis with large retainers.

Not sure what you mean by the Plaintiff bearing the burden of financial risk, but legislatures in the U.S. have been very reluctant to adopt the English system (loser pays) if that’s what you’re thinking. That only happens in very narrowly defined types of cases.

quote:
The sorts of cases where the plaintiff's attorneys will work on a contingency / get paid on the back end are those where there's a chance of a big payoff (Bob's employer at the steel plant is known to have poor OSHA regs enforcement and as a result Bob lost his leg).


You’ve just described a workers’ comp claim, which involves neither a big payoff (benefits are determined by statute in all 50 states), nor contingency fee agreements (attorney’s fees are also set by statute in all 50 states and capped well below standard contingency fee rates). I’m afraid workers’ comp is a volume business and even occasionally a loss leader for the plaintiff’s attorney.

-Rob




I predict that there will be many suggestions and statements about the law made here, and some of them will be spectacularly wrong. - jhe888

A=A
 
Posts: 16263 | Location: Maryland, AA Co. | Registered: March 16, 2006Reply With QuoteReport This Post
Team Apathy
posted Hide Post
It's essentially an enployement issue but my gripe isn't with my employer, but rather the union who either acted negligently, or probably maliciously, and violated confidentiality which directly resulted in me being passed over for promotion.

I don't know if it's a viable case or not, but I know the people who are supposed to help protect and defend me did NOT help when I asked for it and, come to find out, actually triggered the entire chain of events.
 
Posts: 6354 | Location: Modesto, CA | Registered: January 27, 2005Reply With QuoteReport This Post
Member
Picture of SR
posted Hide Post
quote:
Originally posted by mikeyspizza:
In 2007, I paid $175/hr in Florida. In California, 10 years later, I would guess $300/hr. So, a 10-minute phone call with the attorney is $50.


???
Most professionals will spend more than 10 minutes with a potential client to determine whether they think that they can help them (and whether the provider wants that person as a client). The meter doesn't start running until an engagement is formalized.

As to the size of the clicks on the meter, that generally depends on the complexity of the matter and the experience of the person. My daughter is a litigator but not a partner so her rate is much lower than $300. (But she's represented partners in legal matters - so they know she's good!)

You can ask the service provider what their policy is on short calls. Most charge, some do not.




Speak softly and carry a big stick loaded Sig
 
Posts: 4887 | Location: Raleigh, North Carolina | Registered: September 27, 2004Reply With QuoteReport This Post
Striker in waiting
Picture of BurtonRW
posted Hide Post
quote:
Originally posted by SR:
The meter doesn't start running until an engagement is formalized.


That depends entirely on the lawyer or firm. Free consultations are a typical hook, but not universal.

I know several attorneys who charge a nominal flat fee ($50-100) for an initial consultation.

-Rob




I predict that there will be many suggestions and statements about the law made here, and some of them will be spectacularly wrong. - jhe888

A=A
 
Posts: 16263 | Location: Maryland, AA Co. | Registered: March 16, 2006Reply With QuoteReport This Post
Member
Picture of mikeyspizza
posted Hide Post
quote:
Originally posted by SR:
quote:
Originally posted by mikeyspizza:
In 2007, I paid $175/hr in Florida. In California, 10 years later, I would guess $300/hr. So, a 10-minute phone call with the attorney is $50.


???
Most professionals will spend more than 10 minutes with a potential client to determine whether they think that they can help them (and whether the provider wants that person as a client). The meter doesn't start running until an engagement is formalized.

As to the size of the clicks on the meter, that generally depends on the complexity of the matter and the experience of the person. My daughter is a litigator but not a partner so her rate is much lower than $300. (But she's represented partners in legal matters - so they know she's good!)

You can ask the service provider what their policy is on short calls. Most charge, some do not.

I meant once he took the case. I paid for every minute of his time. And won the case.
 
Posts: 4006 | Location: North Carolina | Registered: August 16, 2003Reply With QuoteReport This Post
Member
posted Hide Post
quote:
Originally posted by thumperfbc:
It's essentially an enployement issue but my gripe isn't with my employer, but rather the union who either acted negligently, or probably maliciously, and violated confidentiality which directly resulted in me being passed over for promotion.

I don't know if it's a viable case or not, but I know the people who are supposed to help protect and defend me did NOT help when I asked for it and, come to find out, actually triggered the entire chain of events.


So your case against your union likely will not yield a huge amount of damages. So unlikely that a lawyer will take that on a contingency fee. Call you local bar association for a referral, but you are likely looking at paying by the hour. Not cheap.
 
Posts: 514 | Registered: November 13, 2009Reply With QuoteReport This Post
Team Apathy
posted Hide Post
quote:
Originally posted by TAllen01:
quote:
Originally posted by thumperfbc:
It's essentially an enployement issue but my gripe isn't with my employer, but rather the union who either acted negligently, or probably maliciously, and violated confidentiality which directly resulted in me being passed over for promotion.

I don't know if it's a viable case or not, but I know the people who are supposed to help protect and defend me did NOT help when I asked for it and, come to find out, actually triggered the entire chain of events.


So your case against your union likely will not yield a huge amount of damages. So unlikely that a lawyer will take that on a contingency fee. Call you local bar association for a referral, but you are likely looking at paying by the hour. Not cheap.


The investigation is complete and no discipline was levied. That allowed me to review the investigation file. Some more layers to the onion were revealed including some evidence of further collusion by those that are supposed to protect me.

I don’t see any harm in a consult at this point.
 
Posts: 6354 | Location: Modesto, CA | Registered: January 27, 2005Reply With QuoteReport This Post
  Powered by Social Strata  
 

SIGforum.com    Main Page  Hop To Forum Categories  The Lounge    Legal question for those with experience....

© SIGforum 2024