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Address :

428 S Fourth St     Las Vegas, NV 89101

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Telephone :

702-433-2889

Fax :

702-492-6109

WHAT YOU SHOULD KNOW ABOUT ATTORNEYS' FEES

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.

FAQ
  1. What are attorneys' fees?
  2. Are attorneys' fees the same as costs?
  3. How are attorneys' fees assessed?
  4. What is a contingency fee?
  5. What are typical contingency fees for my case?
  6. What about reduced contingency fees?
  7. What is a flat fee?
  8. What is an hourly fee?
  9. What is a retainer?
  10. What can I expect as an hourly rate for my case?
  11. How do I avoid "sticker shock" when I discuss fees with an attorney?
  12. What if I cannot afford an attorney?
  13. Can I get my fees from the other side if I win?
  14. What will ROSENBLUM LAW OFFICES charge me for my case?
  15. Can I use a credit card to pay my attorneys' fees?
WHAT ARE ATTORNEYS' FEES?

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?

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?

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?

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?

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?

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?

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?

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?

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?

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?

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?

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?

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?

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?

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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Rosenblum Law Offices Family of Firms:

*Traffic Angels*

*Medical Settlement Associates* (coming soon)