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LAWYERS AND THEIR FEES HOW
CAN I BE SURE OF A LAWYER'S QUALIFICATIONS? To
protect you, by law, only lawyers may give legal advice. The right to practice
law is granted by the Supreme Court of Pennsylvania. Only after a lawyer
demonstrates knowledge and skill in the law is he/ she admitted to the bar of
Pennsylvania. This is your assurance that he/she has been found qualified to
represent clients. Admission to the bar, however, does not ensure that a lawyer
has knowledge and skill in every area
of the law. You should ask additional questions to find out if a lawyer has
experience with cases like yours. If
you have any questions about whether your attorney is qualified to practice in
Pennsylvania, never hesitate to ask proof of admission to practice. All
qualified lawyers will have a current lawyer identification card with their
member number and expiration date from the Court Administrator of Pennsylvania. The
practice and conduct of lawyers registered and qualified to practice law within
Pennsylvania is governed by the Supreme Court of Pennsylvania and by the Rules
of Professional Conduct, a copy of which is provided to every practicing
attorney. WHAT
WILL HAPPEN DURING MY FIRST VISIT TO A LAWYER? First,
you should explain to the lawyer why you have come to see him/ her. The lawyer
will then point out any laws or legal procedures that will be involved in
handling the matter for you. You should ask the lawyer any questions you may
have about your situation or the law. You should not hesitate to ask the lawyer
the amount he/she will charge for services and advice, including your initial
meeting. Also be sure to ask about the lawyer's experience or training regarding
your type of case. If
you decide to hire the lawyer to represent you, an understanding regarding the
fees to be charged to you must be established during your initial visit or
promptly thereafter. The basis and rate of the fee and what will be done with
any prepaid fees must then be described in writing and a copy given to you. This
will reduce the possibility of any later misunderstanding. If during the course
of the lawyer's representation of you something should happen to substantially
change the earlier fee agreement, you should be informed and a new estimate
should be provided to you. CAN
I TRUST MY LAWYER WITH A CONFIDENTIAL MATTER? The
relationship with your lawyer is confidential. Your lawyer cannot reveal
information relating to his/her representation of you without your consent. If a
lawyer is called as a witness to give testimony regarding his/her representation
of you, the law of evidence and the Rules of Professional Conduct require the
lawyer to keep all details of your client-lawyer relationship confidential where
applicable. It is
essential that you give your attorney all the facts relating to your case, both
favorable and unfavorable. Unless you are completely honest, your lawyer will be
unable to represent you properly. In turn, your lawyer is obligated to disclose
to you the existence of any possible conflicts of interest that would adversely
affect him/ her or another client. Also, it is against the law and ethics rules
for a lawyer to counsel or assist a client in conduct that is criminal or
fraudulent. Your lawyer should so inform you if you request assistance not
permitted by the law or ethics rules. Your
lawyer should make every effort to keep you informed of the status of your case.
Do not hesitate to ask your lawyer for explanations of facts and actions in your
case. He/she will explain matters to the extent necessary to enable you to make
informed decisions regarding your case and will abide by your decisions, as long
as they do not involve fraudulent or improper conduct. Your lawyer should act
with reasonable diligence and promptness in his/her representation of you. HOW
DOES A LAWYER SET FEES? As
shown above, an
attorney will charge you in one of three ways: 1) on a flat fee basis for
handling a particular type of case; 2) on a percentage basis of recovery or
amount involved (a contingent fee); or 3) on an hourly basis. Some fees involve
a combination of these methods of calculation. It is
important to discuss fees at your initial meeting with your lawyer and to have
the fee agreement confirmed in writing before or within a reasonable time
after hiring a lawyer to represent you. A lawyer may also request a retainer for
his/her services which will be discussed during the initial interview. Be sure
the written fee agreement clarifies whether the retainer
represents prepaid fees to be earned by the attorney or if some or all of it is
nonrefundable and why. Time
is the most important factor used by lawyers in setting fees. Many of the
services provided by your attorney are performed when you are not present.
Sometimes a document prepared for you or advice given to you follows many hours
of work done by the attorney in your absence. These hours of work will be
reflected in the fee. Other factors which may help to determine an attorney's
fees are: •
The novelty and difficulty of the questions involved, time and labor required,
and the skill needed to perform the legal service properly. A simple problem,
involving routine, well-established procedures will cost less than a complex
matter that raises a unique question or requires work in a specialized field of
law. •
The time limitations imposed by the client or circumstances. •
The experience, skill, reputation and ability of the lawyer(s) performing the
service. A lawyer with more experience and ability, who is known to have
expertise in specific areas of the law, may charge more than someone who is not
as experienced or as well-known. •
The business expenses of the lawyer, such as secretaries, rent, telephones,
supplies and reference materials necessary for your lawyer's effective practice
of law. •
The responsibility assumed by the lawyer, the amount of money involved and the
results of the case may be an important factor in determining fees. WHAT
IS A RETAINER? A
retainer is an amount you may be asked to pay as an advance payment of the fee
when you retain a lawyer's services. This payment may be used to provide for
costs such as filing fees, or for the initial time needed to review and
investigate your case. Unless you have made a specific agreement, the lawyer is
obligated to return any unearned portion of the retainer. If a retainer is
required, your lawyer should discuss this with you at your initial meeting and
confirm your agreement in writing. WHAT
IS A CONTINGENT FEE? In
some cases an attorney will charge a client by a contingent fee agreement. This
may occur in cases involving personal injury and damage or workers'
compensation. In this situation, the fee will depend upon the outcome of the
case and any recovery of money A fee is paid for the attorney's services and
time only if there is some financial recovery in the case - contingent fees will
usually be a percentage of the recovery. If there is no recovery, the attorney
is not entitled to collect a fee and the client may be required to pay only
court costs, including filing fees. If
you have a matter for which such an arrangement may be appropriate, your lawyer
will discuss the probability with you during your first visit. A contingent fee
agreement must be in writing and state the method by which the fee will be
determined, including the percentages that will be paid to the lawyer in the
event of settlement, trial or appeal, and litigation and whether other expenses
will be deducted before or after the contingent fee is calculated. A
lawyer cannot enter into a contingent fee agreement in criminal cases or matters
involving domestic relations and family law. FOR ADDITIONAL INFORMATION
Email: Lawyer@sun-in-law.com JAMES W. PEARSON, JR. Attorney-at-Law
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