Bloomberg BNA Lawyer's Manual on Professional Conduct quoted Ronald Minkoff on «unfinished
hourly fee matters of dissolved law firms».
To classify them as such, he said, would have «bizarre consequences,» such as allowing «a debtor law firm to sell its pending
hourly fee matters to the highest bidder» — something Judge Pauley said would violate a client's right to choose attorneys.
Not exact matches
For that
matter, if after going through a process like I've described you still have doubts about how to proceed, you could always seek a second opinion, so speak, and hire an adviser on an
hourly or flat -
fee basis to review your current adviser's analysis and recommendations.
That means using
hourly billing, flat
fees, contingent
fees, and hybrid arrangements to suit each
matter best.
But what if the $ 42 million
fee comes on top of $ 18 million in legal
fees, paid on an
hourly basis for an estate
matter, plus additional «gifts» of $ 5 million?
Both of these partners acknowledged that their alternative
fee proposals are generated by guessing — generously — the number of hours a
matter will require and multiplying that number by the
hourly rates of the people who would spend those hours.
Whether you bill
hourly or use alternative
fee arrangements, knowing how much work you're putting into a
matter versus how much you think you should or want to put into it is critical.
Insurance companies often hire and reimburse lawyers for representing insureds based on
hourly fees, except perhaps for the most routine
matters.
Last month, I wrote about the fact that
hourly billing isn't going away, no
matter what the industry predictors say about alternative
fees, new ways of showing value, and new paradigms for delivering legal services.
Third, keep in mind that whatever your
hourly rate or the total
fees in any particular
matter, someone out there will think the number sounds high.
«With increasing demands for predictable budgets in traditional
hourly matters and the growth in fixed -
fee and other alternative
fee arrangements with clients, Parker Poe needed a solution that would help the firm manage these client needs more effectively and to do so profitably.»
A portion of the
matter may be charged on a fixed or flat -
fee basis, and a portion charged on an
hourly rate basis, because parts of the engagement can not easily be defined.
In this hybrid of the
hourly rate system, instead of specific
hourly rates for individual
fee chargers, one rate is applied to all hours billed on a
matter regardless of whether it's for a partner, associate or paralegal.
For that
matter, the quality of advocacy does not presuppose a
fee based on an
hourly rate at all, rather than some other basis for compensation.
** An
hourly rate in excess of the guideline figures may be appropriate for Grade A
fee earners in substantial and complex litigation where other factors, including the value of the litigation, the level of complexity, the urgency or importance of the
matter as well as any international element would justify a significantly higher rate to reflect higher average costs.
Matters can be billed
hourly, on a fixed
fee or on a contingency.
Many solicitors will offer a fixed
fee for the divorce suit as this is usually a fairly straightforward process without any requirement for attendance at court but instructing a solicitor to deal with financial or children
matters is still usually charged based on an
hourly rate and this is where the costs can creep up.
Over the 12 - month period ending December 31, 2015, 9.4 percent of
matters submitted and processed via the CounselLink solution were invoiced, at least in part, under a
fee arrangement other than traditional
hourly billing.
Professional Misconduct: For legal, medical, or police misconduct and licensing
matters our
fees are typically either a flat
fee or
hourly or some combination;
Once again, you will have to report to your boss that while you do know your outside law firm's
hourly rate, you simply can not predict or budget for how much this
matter will ultimately cost the company in attorneys»
fees.
Over the 12 - month period ending June 2013, 9.7 % of
matters submitted and processed via the CounselLink solution were invoiced, at least in part, under a
fee arrangement other than traditional
hourly billing.
Matrimonial
matters, civil files, and other types of litigation may be structured on an
hourly rate, contingency basis, or block
fee, depending on the nature of the case.
Total
fees under an
hourly rate system are frequently not limited by efficiencies, but rather by client controls, the size and scope of the
matter, the lawyer's desire to be reasonable or at least not to alienate the client, and competition among firms.
We represent businesses and individuals in complex and high - stakes
matters that often can not be handled efficiently by larger firms with higher
fees and more rigid
hourly billing rates.
Meanwhile, Stephen Parry from the legal team at The Co-operative Group says that fixed and capped
fees work well for transactional work but when it's for something non-transactional and
hourly fees are used, it is difficult to have a pragmatic conversation with a law firm about how much a
matter is going to cost.
An in - house counsel for one of the largest corporations in America once told me that, no
matter what the
hourly fees were at the various firms used by her company, in the end, most of the firms tended to charge similar amounts.
As written in the
fee agreement, the high - powered lawyer could request an additional charge, above the normal
hourly fee, for
matters that proved unusually difficult, or which required special priority or special expertise.
Because it depends so heavily on knowing only four variables number of staff,
hourly rates, percentage commitment, and months to completion this budgeting method demonstrates the significance of controlling staffing and moving
matters along, not just discounting
hourly rates, to keep
fees down.
That's why Lucent Law still offers comprehensive legal services in the traditional law firm model — although we remain committed to reasonable and clear legal
fees, even with
matters that are billed on an
hourly basis.
In most
matters, we can work based on regular
hourly billing, quoted billing caps or fixed legal
fees.
From flat
fee payment arrangements to approaching legal
matters from a project management perspective, traditional
hourly billing models no longer define the legal industry.
Corporate clients in the current buyers» market are increasingly demanding lower, fixed prices and value - based Alternative
Fee Arrangements («AFAs») in lieu of
hourly billing — making law firms bear the «risk of loss» in uncertain but complex litigation and transaction
matters — even as the costs of running law firms continue to climb.
Today's questions circle around
fee issues,
hourly rates and related
matters.
To document my
fee request, the court requires me to submit detailed,
hourly time sheets — but I charge flat
fees for these
matters.
on types of AFAs tried provides a picture consistent with the provider perspective: discounted
hourly rates far outstripped any other AFA type at 83 %, trailed by fixed
fee per
matter and flat
fee to handle «all
matters in a given area,» at 69 % and 53 % respectively.
Unfortunately, Florida courts are required — as a
matter of law — to evaluate contested attorney's
fees using the «lodestar» method (which is all about
hourly billing, see here).
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.
So at its core this case boiled down to one legal question: are courts prohibited — as a
matter of law — from evaluating contested trustee
fees on any basis other than some form of
hourly billing?
LegalVIEW - powered industry benchmarks deliver visibility into
matter - based
fees, durations, staffing allocations, and
hourly rates, which enables clients to improve the certainty and the predictability of legal spend across entire
matter and case portfolios
We generally calculate our
fees on the basis of the time spent on the
matter by individuals at specific
hourly rates.
Over the 12 - month period of 2013, 12.4 % of
matters submitted and processed via the CounselLink solution were invoiced, at least in part, under a
fee arrangement other than traditional
hourly billing.
Budgeting and delivering within budgets or fixed
fees are necessary new skills — whether
matters are priced
hourly or under alternative
fee arrangements.
Clients are generally not pleased when they find out a fixed
fee only applies to
matters covered by the legal management plan and they might have to pay an additional fixed
fee or an
hourly fee to cover the extra services; unnecessary communications are discouraged; they have less control over who works on their files; an advance cash retainer is required; and
fees are payable anyways on a monthly or interim basis.
Lawyers should have in matrimonial
matters a capped
fee or capped
hourly charge limited to X hours — you would see many divorces get settled quickly as the incentive to milk everyone by the lawyers and system is gone.