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?

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.

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).

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.

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?

Yes, email me. I can answer some basic questions.

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!

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.

Emails dispatched, kind sirs.

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.

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

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.

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.

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

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.

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.

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.