Fairness Above All Else
Attorney fees. They’re probably responsible for more lawyer jokes than any other aspect of lawyering. That’s not good. You deserve fees that are fair.
Predictability through Flat Fees
Hourly fees. “Big firm” attorneys with deep pocket clients love ‘em. Law firm associates get bonuses based on “billable hours.” And at rates of $400, $500, even $600 an hour, what lawyer wouldn’t love ‘em?
I don’t like them one bit. I use them when they’re the only practical way to charge (and then, my hourly rate is far more reasonable).
But after spending so much money at trial, I figure the last thing you want to hear from the lawyer handling your appeal is that there’s no way to tell in advance how much the appeal will cost.
Appeals are a fairly predictable process most of the time. The amount of work can be estimated based on the size of the trial case file, the history of the litigation, and the number of issues likely to be raised. In most cases, I can use these factors and the value of a case -- the amount at stake -- to offer you a flat fee for handling the appeal from start to finish. You’ll know at the outset, to the penny, what your fees will be.
Though it’s far more difficult to calculate a flat fee for trial work, I’ll try to do so for your case.
Task-Based Billing
The next most predictable fee model is task-based billing. I won’t be able to tell you at the start of the case what your total fees will be, but you’ll pay a flat fee for each stage of the case.
Task-based billing is the fee model I prefer for appeals in which I anticipate more than a normal amount of activity. Some cases are simply more contentious than others. If it turns out the case runs close to normal, task-based fees should work out to about the same as a single flat fee would.
For trial work, task-based billing is a more practical model than a total flat fee. You’ll pay a flat fee for the complaint. A flat fee for every motion. For every deposition. And you’ll know each fee in advance.