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WHAT YOU SHOULD KNOW ABOUT
ATTORNEYS' FEES |
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Frequently fees are not
discussed early enough, candidly
enough, or in enough detail even
though fees are an important
part of the attorney-client
relationship. Often, attorneys
spend the least amount of time
with their clients discussing
fees. Why? Generally, because
the discussion can be
uncomfortable for both the
client and the attorney. We have
put together this page in our
website to address the most
frequently asked questions about
attorneys' fees. |
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FAQ |
- What are
attorneys' fees?
- Are
attorneys' fees the same as
costs?
- How are
attorneys' fees assessed?
- What is a
contingency fee?
- What are
typical contingency fees for
my case?
- What
about reduced contingency
fees?
- What is a
flat fee?
- What is
an hourly fee?
- What is a
retainer?
- What can
I expect as an hourly rate
for my case?
- How do I
avoid "sticker shock" when I
discuss fees with an
attorney?
- What if I
cannot afford an attorney?
- Can I get
my fees from the other side
if I win?
- What will
ROSENBLUM LAW OFFICES charge
me for my case?
- Can I use
a credit card to pay my
attorneys' fees?
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WHAT ARE
ATTORNEYS' FEES? |
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Attorneys fees are the cost of
legal representation incurred by
a party to litigation or a
client who hires an attorney. |
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ARE ATTORNEYS'
FEES THE SAME AS COSTS? |
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No.
Attorneys' fees are usually the
compensation paid to an attorney
for the amount of time the
attorney spends working on a
particular legal matter. Costs
are the out-of-pocket expenses
incurred by the client in the
course of the legal
representation. Fees and costs
are often billed and charged
separately.
For example, an Attorney A
representing Mr. Smith prepares
a motion to dismiss on Mr.
Smith's behalf. Attorney A
spends a total of two hours
writing the motion at an hourly
fee of $150.00 per hour. The
attorneys' fees for preparing
the motion are $300.00. In
addition, Attorney A photocopies
the 10 page motion 3 times at a
cost of $.25 per page. Mr.
Smith's costs for Attorney A
preparing the motion are $7.50
or 10 pages multiplied by 3 at a
cost of $.25 per page. |
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HOW ARE
ATTORNEYS' FEES ASSESSED? |
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Usually, attorneys ask clients
to sign a written agreement
(a.k.a. fee agreement, fee
contract) that describes how the
attorneys' fees will be
determined. Attorneys typically
utilize contingency fees, hourly
fees, flat fees or some
combination thereof when
performing work for clients. |
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WHAT IS A
CONTINGENCY FEE? |
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A true
contingency fee means that
attorneys' fees are not paid
until you win your case or your
case settles. If there is no
recovery, there are no
attorneys' fees. If there is a
recovery, the attorneys' fees
are a percentage of the amount
recovered on the case. Please
note that costs are different
than fees and costs are usually
compensated after the total
award is reduced by the
contingency fee. |
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WHAT ARE
TYPICAL CONTINGENCY FEES FOR MY
CASE? |
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Fees
are very difficult to predict
and often depend on the facts of
the case, the cooperation of the
other side, the cooperation of
the client, the availability and
type of experts required, the
speed with which the matter may
move through the judicial
system, and a number of other
factors. The contingent
percentage will vary depending
upon specifics of your legal
matter. We always determine fees
on a case-by-case basis.
Typically, we allow for the
following contingency fees: 33
1/3% contingency fee of any
recovery before a lawsuit is
filed and 40% of any recovery
after we file a lawsuit.
Remember, the fees stated in
this page are only an estimate
and we cannot determine the fees
for your case until we have had
an opportunity to discuss the
case with you and assess the
facts of your case. |
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WHAT ABOUT
REDUCED CONTINGENCY FEES? |
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Occasionally we will offer reduced
contingency fees. This usually
occurs when the matter is simple
and can be resolved quickly. We
also use reduced contingency
fees in situations where clients
also agree to pay a reduced
hourly rate. Typically, for
business collection matters, we
will use a reduced contingency
fee (7.5% - 10%) of the total
recovery, in addition to the
client paying a reduced hourly
rate ($75-$150 per hour). Again,
fees are very difficult to
predict and must be determined
on a case-by-case basis. The
fees stated in this page are
only an estimate and we cannot
determine the fees for your case
until we have had an opportunity
to discuss the case with you and
assess the facts of your case. |
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WHAT IS A FLAT
FEE? |
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A flat
fee is when the lawyer charges
you a specific total fee for
your case. Often the total bill
is the flat fee plus costs or
out-of-pocket expenses. A flat
fee is usually offered only if
your case is relatively simple
or routine. Typical flat fees
include $100.00 for a traffic
ticket or $1,000.00 flat fee for
representation on a misdemeanor
criminal charge like
shop-lifting or $1,500.00 for a
first offense DUI charge.
Again, fees are very difficult
to predict and must be
determined on a case-by-case
basis. The fees stated in this
page are only an estimate and we
cannot determine the fees for
your case until we have had an
opportunity to discuss the case
with you and assess the facts of
your case. |
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WHAT IS AN
HOURLY RATE FEE? |
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An
hourly rate means, you will be
charged for each hour, or
portion thereof, the attorney
works on your case. For example,
if Attorney A charges $250 per
hour, and he works ten hours,
the cost will be $2,500. Some
attorneys charge a higher rate
for court work and less per hour
for research or case
preparation. Hourly rates are
often determined by the amount
of experience an attorney has
with your particular type of
case. A less experienced
attorney will usually require
more time to research your case,
however, he or she may charge a
lower hourly rate. If other
staff such as secretaries,
messengers, paralegals, and law
clerks will be working on your
case, they may also charge an
hourly rate, though their hourly
rate is usually significantly
less than the attorneys' hourly
rates. Usually, costs and out-
of-pocket expenses are billed
separately from hourly rate. |
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WHAT IS A
RETAINER? |
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A
retainer is like a down payment.
It usually serves as a credit
against future services and when
the retainer is exhausted by the
attorney's services, the client
is billed. Some lawyers also
employ an "end retainer" in
which all, or part of the
retainer fee is applied to the
last services rendered, rather
than the first. For example, if
$3,000 is the retainer, $1,500
may be applied to the first
services rendered and the
remaining $1,500 will be
credited against the last
billing, and if there is a
credit balance, it will be
refunded to the client at the
end of the case. |
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WHAT CAN I
EXPECT AS AN HOURLY RATE FOR MY
CASE? |
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Hourly
rates are typically very
difficult to determine and are
often dependent on the amount of
experience the attorney has in
the particular area of law.
Usually, hourly rates are
determined on a case-by-case
basis and cannot be assessed
until the attorney has reviewed
the facts of the case.
Typically, we charge hourly
rates on family law matters
beginning at $250 per hour.
However, fees are very difficult
to predict and must be
determined on a case-by-case
basis. The fees stated in this
page are only an estimate and we
cannot determine the fees for
your case until we have had an
opportunity to discuss the case
with you and assess the facts of
your case. |
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HOW DO I AVOID
"STICKER SHOCK" WHEN I DISCUSS
FEES WITH AN ATTORNEY? |
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Ask
yourself the following
questions: (1) How much can you
afford? (2) Is it a routine
matter or does it require
special expertise? (3) What is
the range of attorney rates for
this type of case in your area?
(4) How much work can you do on
the case? Once you have answered
these questions for yourself,
you should have a pretty good
idea about what you are willing
to pay an attorney for legal
services. If the attorney is
significantly more expensive
than you expected, you may be
able to negotiate the fee, if
the attorney is willing to do
so. |
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WHAT IF I FIND
OUT I CANNOT AFFORD AN ATTORNEY? |
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If you
are concerned that you may not
be able to afford an attorney,
there are several options
available to you. If you met
with an attorney you liked and
trusted, talk to the attorney to
see if they will negotiate their
fee. Some attorneys will agree
to reduce their fee or allow you
to make payments if you cannot
afford the attorneys' services
up-front.
Ask the attorney if they will
perform "unbundled" work on your
case. For instance, if you are
filing for divorce and are faced
with a motion for temporary
support, an attorney may be
willing to review the motion,
prepare a response and represent
you at the hearing for reduced
amount than you would spend if
you had an attorney throughout
the entire case.
If you cannot find an attorney,
call the Nevada State Bar at
(702) 382-2200 and ask for the
reduced fee attorney-referral
service. The referral service
can match attorneys to clients
who qualify for reduced fee
attorney services. In addition,
Clark County has a Pro Bono
Project for qualified
applicants. |
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CAN I GET MY
FEES FROM THE OTHER SIDE IF I
WIN? |
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There is no way to know whether you
will be able to get your attorneys'
fees back from the other side if you
win. The award of attorneys' fees at
the end of a case are usually within
the discretion of the Court.
Therefore, there is no way to
predict whether you will ever
recover attorneys' fees from the
other side if you win. Furthermore,
you should not count on recovering
attorneys' fees from the other side
when you consult an attorney. |
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WHAT WILL
ROSENBLUM LAW OFFICES CHARGE ME
FOR MY CASE? |
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Fees are very difficult to
predict and often depend on the
facts of the case, the
cooperation of the other side,
the cooperation of the client,
the availability and type of
experts required, the speed with
which the matter may move
through the judicial system, and
a number of other factors. The
fees stated on this website are
for informational purposes only
and may vary depending upon the
type of case, the facts of the
case and a number of other
factors.
ROSENBLUM LAW OFFICES usually
represents
accident
victims on a contingency fee
basis. Typical contingency fees
for automobile accidents, truck
accidents, motorcycle accidents,
premises liability claims
including dog bites, slip &
fall, and falling object cases
are 33 1/3% before a lawsuit is
filed in court and 40% after the
lawsuit is filed. Again, fees
are very difficult to predict
and must be determined on a
case-by-case basis. The fees
stated in this page are only an
estimate and we cannot determine
the fees for your case until we
have had an opportunity to
discuss the case with you and
assess the facts of your case. |
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ROSENBLUM LAW OFFICES usually
represents medical malpractice
victims on a contingency fee
basis. Contingency fees for
medical malpractice claims are
governed by the Nevada Revised
Statutes. If we agree to
represent a medical malpractice
client on a contingency only
basis, the limits set forth in
the NRS govern our fees. We also
represent some physicians and
institutions involved in medical
malpractice actions on an hourly
basis. Typical attorneys fees
for hourly medical malpractice
representation range from $160
per hour to $225 per hour.
Again, fees are very difficult
to predict and must be
determined on a case-by-case
basis. The fees stated in this
page are only an estimate and we
cannot determine the fees for
your case until we have had an
opportunity to discuss the case
with you and assess the facts of
your case. |
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ROSENBLUM LAW OFFICES offers a
variety of services in the area
of business law. Typical fees
for preparing and filing
incorporating documents for a
Nevada entity start at $750 for
articles of incorporation,
initial list of officers and
directors and a corporate book.
Typically ROSENBLUM LAW OFFICES
fees for preparing operating
agreements, review of franchise
agreements, commercial lease
reviews and suggestions and
preparation of various business
contracts are done on an hourly
basis and start at $275 per
hour. For business collections
matters, we usually provide our
clients with a reduced
contingency in addition to a
reduced hourly fee agreement.
Collection matters are usually
7.5% to 10% contingency in
addition to an hourly fee of $75
per hour to $125 per hour. We
usually require our clients to
deposit a retainer for
attorneys' fees for their
business law matters beginning
at $2,000.00 per matter. We
usually ask our clients to
replenish their retainer up to
the original retainer amount
when the retainer falls below
$500.00. Again, fees are very
difficult to predict and must be
determined on a case-by-case
basis. The fees stated in this
page are only an estimate and we
cannot determine the fees for
your case until we have had an
opportunity to discuss the case
with you and assess the facts of
your case. |
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ROSENBLUM LAW OFFICES also
offers a variety of services in
the area of
family
law. Family law is by far
one of the most difficult areas
to predict fees. For divorce and
custody matters, we usually
require our clients to provide a
retainer beginning at $2,500.00.
per matter. We will bill an
hourly amount against the
retainer starting at $250 per
hour. Once the initial retainer
is extinguished, we will bill
family law clients on an hourly
basis starting at $250 per hour,
and we require these bills be
paid monthly. We usually ask for
an amount equal to the retainer
60 days before we go to trial on
a case as we will never go to
trial being owed money. Our
office may agree to assist a
client on an unbundled family
law matter which we bill hourly
beginning at $250.00 per hour
and require an initial $750.00
retainer. The retainer for
unbundled matters must be
replenished every time the
retainer falls below $200.00.
Our office will prepare
pre-nuptial agreements starting
at $750.00. Paternity actions
typically require an initial
retainer of $1,500.00 and we
also bill against the retainer
at $250.00 per hour. Once the
retainer is depleted, we usually
bill at an hourly rate which
must be paid monthly. We
typically ask for an amount
equal to the initial retainer 60
days before trial or evidentiary
hearing on any paternity matter.
Again, fees are very difficult
to predict and must be
determined on a case-by-case
basis. The fees stated in this
page are only an estimate and we
cannot determine the fees for
your case until we have had an
opportunity to discuss the case
with you and assess the facts of
your case. |
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ROSENBLUM LAW OFFICES offers
diversified representation in
the area of
criminal law. Representation
regarding traffic offenses
usually starts at $100.00 per
ticket. Our office usually
charges $1,000.00 to $1,750.00
per matter for representing
clients charged with misdemeanor
criminal offenses. For felony
criminal charges, our fees
usually start at $2,500.00 per
matter. We represent individuals
charged with DUI beginning at
$1,500.00. However, fees for
representation on a criminal
case may vary depending on the
nature of the charges, the
urgency of the case and location
of the case in addition to
several other factors. Again,
fees are very difficult to
predict and must be determined
on a case-by-case basis. The
fees stated in this page are
only an estimate and we cannot
determine the fees for your case
until we have had an opportunity
to discuss the case with you and
assess the facts of your case. |
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DOES ROSENBLUM
LAW OFFICES ACCEPT CREDIT CARDS? |
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Yes.
We accept credit card payments
through Visa, Mastercard and
American Express.
Unfortunately, we are not able
to accept
Discover Card at this time. |
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