hope that these frequently asked questions and their answers will help
remember that these are general answers, and not intended
Q. What is a retainer?
A. A retainer is a down payment for work to be done in the future. In this office, some retainers are refundable and some are not. Generally, I place your retainer in an account called a Client Trust Account. That account contains only funds belonging to my clients. Then, as I have earned the fees or used the funds for costs related to your case, I withdraw the money to cover it. If there is money left when I get all done, you get that back. If the initial retainer is not enough to cover the entire cost of the work, then you will owe me more.
If the retainer on deposit drops below an amount sufficient to take us into the next stage of the case, it will need to be refreshed before we can continue.
In some cases I simply charge a flat rate for the work. Then, the retainer may be the entire fee, or it may be part now, part later, depending on the nature of the case.
Q. How do you figure my charges?
In most cases, I charge by the hour. The time I have to spend working
on your case is the time I charge for. It may seem hard that I charge
for a telephone call or writing a letter. The fact is, all a lawyer
has to sell is his time and his advice. As with everyone, I have only
so much time in the day, and since much of what I do is either talking
on the telephone or writing letters, I would soon be broke if I did
not charge for my time.
Q. How much will it cost, total?
A. Some cases cost more than others. That is why it is difficult to predict the total cost of a case from the beginning. It is like asking "how much water will it take to fill this hole?" when I cannot see the bottom of the hole. I can give ballpark estimates based on experience, but unless I have stated a flat rate, the estimate may vary widely from the result. An estimate on a simple, uncontested, friendly divorce goes out the window if the parties then proceed to make it into a war, and cannot agree on what day of the week it was.
In any hourly matter, total fees will depend on whether settlement can be reached without trial, how much cooperation can be obtained from the opposition in effecting an early resolution, and client's willingness to consider offers of settlement.
Q. What if the other side should pay my fees?
A. If your matter is a family law case or, in some kinds of contract litigation, we may be able to obtain an order from the court that the other side pay your fees. But that is a matter between them and you. If they do not pay me, my client will have to pay me. If you pay me and then the other side also pays, I will refund anything that is extra. I do not look to collecting on a fee order from the opposition for my payment. I look to my client.
Q. How about payment plans?
A. I understand that in many situations the full amount of a bill in certain month may be extremely difficult to pay all at once. I am willing to work out a payment plan so long as it involves some payment each month in an amount that is realistically related to the total bill so that it can be paid off in a reasonable time. (Not a dollar a month for 1,000 months). We may be able to tailor it to your situation. Just ask, we'll talk about it. BUT YOU NEED TO MAKE THOSE ARRANGEMENTS. Do not just ignore the statements.
Q. Do you bill for time your staff spends working on my case?
Generally, yes. It depends on the situation. Much of what we do that
is routine clerical or office management tasks is not billed. Calling
to make an appointment with you, sending out a reminder of a court date,
copying a letter I have received from or sent to opposing counsel, we
do not bill for.
There are two benefits to doing it this way.
First, it is impossible for me to do it all myself. Second, you are far better off having my staff do clerical tasks and calling people and arranging things, etc., at their hourly rates than having an attorney do it at an attorney's hourly rate.
It is somewhat comparable to being at a hospital. The nurse takes your temperature and gets you in the bed. The orderly pushes you into the operating room. The surgeon comes in and takes out your appendix. The nurse cleans up and someone else wheels you out. If the surgeon were to do all the preliminary and follow up work, she could do very little surgery and everything would cost three times as much.
Q. How can I keep the costs down?
A. While the cost of litigation is almost always high, there are things you can do to have it not cost any more than necessary. Here are some of the most useful ideas:
can make the legal process cheap. Together, we can work to keep as much
of your money as possible in your pocket instead of mine.
© 2005 Steven R. Pogue
All Rights Reserved
Located in San Jose, California, the Law Offices of Pogue, Calvert & Associates represent
clients in the communities of Alameda, Belmont, Burlingame,
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