More on 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, photocopying, scanning, and travel & parking 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 are 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 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. Almost all hourly rate cases require a retainer. Most of the retainers we require are "security deposit" retainers (sometimes called "evergreen 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. There are several other kinds of retainers used by attorneys for various types of law and they can be classified, for instance, as "earned" or "unearned" and/or "refundable" or "non-refundable." Security deposit retainers are unearned until the work is done and refundable to the extent there is not money owed to the firm.
Interest on Retainers. Regardless of the type of retainer, neither the firm nor the client receives the benefit of any interest earned on the amounts deposited. In Florida, (the first state to do this, by the way) all retainers are pooled into an interest-bearing checking account program administered by the banks and the Florida Bar. This interest money is then used for (1) legal assistance for the poor, (2) improvements to the administration of justice, and (3) law student assistance.
Caps and Estimates. Though we will do everything reasonably possible to keep the fees and costs under control, we cannot predict for you what a matter will cost you nor can we agree to a “fee cap” for most of what we do. (On the rare occasions that we agree to a flat rate relationship, you will be given a very clear and specific “Flat Rate” fee agreement.) If we discuss probable fees and costs with you, therefore, remember that such discussions are purely speculative and non-binding. The problem with most of what we do, and litigation especially, is that fees are primarily driven by things beyond our control: the litigiousness of the other party, the nature of opposing counsel, what kind of judge we draw, facts that come to light part way through the representation, and so forth.
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.
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.