We strive to ensure that there are never any misunderstandings or surprises concerning fees and costs, so we will always memorialize our representation agreement in a letter for you to study and sign at the outset of our relationship. In general, though, we can give you some idea right here on what to expect. Most of our cases are handled on an
hourly basis at a particular hourly rate. Certain types of cases, however, can be handled on a
Contingency Fee Cases and we are always happy to discuss that idea with you. Most of the time, there is no fee for your initial consultation and there is never a charge to call and find out!
Hourly Rate Cases Fees. We take into account many factors in billing for services rendered, but the principal factor is our schedule of hourly rates. Statements for services are generally the product of the hours worked multiplied by the hourly rates for the attorneys and legal assistants who did the work. Our schedule of hourly rates for attorneys and other members of the professional staff is based on, for instance:
-years of experience
-specialization in training and practice
-levels of professional attainment
-the particular subject matter of the case
-the jurisdiction of the controversy
Costs. It is almost always necessary for us to incur expenses for items such as courier charges, postage, long distance telephone calls, photocopying, scanning, computerized legal research, staff overtime, and travel expenses. In order to allocate these expenses fairly amongst the firm's clients, and keep billable rates as low as possible for those clients whose matters do not involve such expenditures, these items are usually separately billed as "costs advanced" or "disbursements." Some costs advanced represent out-of-pocket costs, some represent an allocation of overhead costs associated with the items, and others represent a combination of both factors. Many cases also require the firm to hire independent contractors (e.g., court reporters, mediators, graphic artists, expert consultants/witnesses, copy/assembly services, couriers, research assistants, et cetera.). Such persons will be chosen by the firm in the best exercise of its discretion and charged as "costs advanced."
Reimbursement of Fees & Costs in the Event of Litigation. In certain cases in Florida, the prevailing party (should we ever be engaged in litigation) is entitled to recover its reasonable fees and/or costs from the non-prevailing party. If your case is, or later becomes, one of these cases, we will assist you in pursuing the fee and/or cost award from any party as may be allowed by contract, statute, or case law. It is important to understand, however, that we cannot guarantee that you will be awarded or recover all or part of your fees and costs and you will be primarily responsible for all of our invoices in any event.
You should never pursue litigation assuming that you will have your fees and costs reimbursed.
Retainers. Most hourly rate cases require a retainer. Most of the retainers we require are "security deposit" retainers - meaning that the funds are held in a separate account regulated by the Florida Bar which is generally held until the end of the representation. This means that the client is still responsible to pay monthly billings for costs and services despite the existence of the retainer; but it also means that any unutilized amounts at the end of the representation will be returned in full.
Accuracy. As with our entire practice, we use the latest technology and software with our time and billing. Computers track most of our work automatically with down to the second accuracy and transfer this data directly to the billing system thereby nearly eliminating human input error. Accurate billing is another way we demonstrate our respect for our clients and we are delighted to report that client enquiries or concerns about our billing are virtually non-existent.
Billings. Our billing statements are generally prepared and mailed on a monthly basis, after the month in which services are rendered and costs advanced.
Contingency Fee Cases Unlike hourly fee cases, fees in these types of cases are generally fully or partially contingent upon the outcome of the case. In other words, the firm receives a percentage of the recovery for its fee, if any. If the firm is not successful in achieving a judgment or settlement of a contingency fee case, then there is no fee. In most contingency fee cases, costs necessary to pursue the litigation are advanced by the firm. These types of cases have obvious advantages and disadvantages: The contingency fee client has no initial out of pocket expenses and only pays the fees if he wins, but the percentage of the award given to the attorney is often greater than the firm would have received had it taken the case on an hourly basis. If yours is a case that is a candidate for a contingency fee, we will be sure to discuss this with you carefully before any work is started.
Mediation and Arbitration. For fees related to our mediation and arbitration services, please go to our
Mediation and Arbitration Page.
Click here for hints on saving attorneys' fees and costs! One Final Important Note on Fees and Costs. We hope this general discussion of fees and costs was helpful to you, but please remember that every case is different and your particular situation will be carefully set forth in a written agreement that may vary from the general thoughts expressed here. As we will tell you at the time, please read that agreement carefully because that is the document which will control our relationship and not this webpage.