«Profitability Analysis jumped to the top this year, bouncing last year's # 1 (
Client Fee Discussions) down to # 4,» he wrote in a breakdown of the ALM survey.
Not exact matches
Despite
discussions about alternative
fee arrangements and the changing times for the business of law, many
clients and law firms still deal with compensation for legal work based on the billable hour.
Most
discussions between law firms and their external
clients revolve around obvious topics such as lowering
fees; fixed
fees; and alternative
fee arrangements.
Variables that make fixed -
fee pricing unworkable are: conflicting parties, multiple parties, differing demands by
clients for question - answering,
discussion, and personal engagement; unpredictable judges; variance in possible outcomes; and alternative strategies for how to deal with these outcomes.
Remember to document
discussions with and instructions from your
client about settlement offers, and to calculate the numbers — the amount the
client will be awarded in damages, disbursements,
fees, HST, and / or what the
client will «take home».
While this may be a legitimate maneuver, lawyers trying to fortify their
clients» trust in them and loyalty to the firm might instead consider approaching
fee discussions with a more empathic mindset.
The timing of
fee discussions, billing, and payment is of vital concern to
clients and thus is important to
client - oriented lawyers.
These activities include the initial
client intake, the first
discussion of
fees, the
fee estimate, the
fee agreement, and sustained
client communications.
For a detailed
discussion of why arbitrating legal
fee disputes is best for lawyers, paralegals and
clients, please click here.
Some state bars are more specific about this, and recommend that the genesis of that
discussion derives from inside the
fee agreement — the Massachusetts Bar Association has done so — and, I think that is the better approach; every lawyer knows or should know that her first obligation is to follow - through on promises made to
clients.
Todd W. Musburger, Ltd. v. Meier, 394 Ill.App.3 d 781 (1st 2009), while dated, is still post-worthy for its in - depth
discussion of a lawyer's quantum meruit recovery from a
client after the
client fires the lawyer under a contingent
fee contract.
A key to operating successfully under alternative
fee arrangements or under an hourly rate arrangement disciplined by a rigorous budget will be open and frank
discussions between outside counsel and the
client regarding management of the matter.
Clients have become more assertive in their
fee discussions and law firms are being forced to «do more with less.»
Look for developments such as more loss - leading advice on websites; more use of video and visual; more integration of video communication between lawyer and
client; more use of fixed
fee «unbundled» services; more integration of
discussion communities with legal practices; and some possibly questionable referral arrangements between what are presented as not for profit organisations and associated for profit providers.
On the other hand, if the advisor is extracting advisory
fees for the management of this asset, then per the
discussion above the advisor may need to be cautious about indirectly causing a larger tax gain for the
client when the policy is surrendered in the future.
Do you charge
fees or engage your
clients in a
discussion about the coaching services as an investment of their future career success?
For example, if both parties are, and have been, in therapy and are consistently communicating clearly with one another, a Coach may not be absolutely necessary (although I believe a Coach is almost always advisable because it is impossible to predict exactly what may come up in the divorce
discussions and the
clients will be triggered by what comes up) if the
clients legitimately can not afford to cover the Coach's
fees.
Our environment is changing fast and consumers are confused, so having the
discussion about
fees with our
clients is both smart and professional.
This
discussion they have is not debating about where the
fees come from in the overall scheme of things in dollars and cents, it is confusing the public so when a BBA contract points out HOW the buyer agent will be paid, one of which option among many is that in fact the buyer agent can be paid by his / her own
client, and that descriptor is in fact what the buyer is acknowledging when signing that BBA contract — when he / she HIRES that agent «to represent» them.
To avoid antitrust vulnerability for a price - fixing claim, such as two or more brokers or firms having agreed to charge the same commission rate, real estate firms should: - establish their
fees unilaterally without consultation or
discussion with persons affiliated with other competing firms; - ensure that when the company's brokers or salespeople discuss
fees with actual or potential
clients they use words that indicate to the listener that the services were priced independently, and that they judiciously avoid words suggesting otherwise.