| Legal Fee Arangements |
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At the law firm of Federal & Hasson, there is no charge for the initial interview with a prospective Client. We believe it is important for the prospective Client to have the opportunity to meet personally with the lawyers in the Firm who will be working directly with them. This insures that there is Client-attorney rapport.. Likewise, it is important for the lawyers to determine whether this is someone we want to represent, and whether he or she has a viable legal case. Expenses Federal & Hasson does not charge for many expense items that most law firms traditionally charge to their Clients. For example, we do not charge for: postage, telephone or long-distance charges, routine in-house copying, secretarial time or secretarial overtime, paralegal or associate overtime, local travel, mileage, parking, and so on. The costs for these items are absorbed by the Firm as part of our overhead. The only expenses charged to our Client are those which are incurred to third-parties; for example, filing fees payable to the Court, deposition fees payable to court reporters, courier charges, out-of-town and overnight travel charges payable to airlines and hotels, witness fees payable to experts, and similar “out-of-pocket” expenses. Contingency Fees Many Clients prefer a contingency fee arrangement in which the payment of the legal fee is directly related to and contingent upon the results achieved. A contingent fee is also preferable when the Client cannot afford a flat rate, hourly-rate, or hybrid fee arrangement. Unlike many other law firms, the Firm does not charge a “standard” or pre-set percentage, regardless of the complexity, or simplicity, of the case itself, and/or the amount in controversy. We believe the percentage should be specifically tailored to each case. After we evaluate the case, we make a judgment, based on our experience in similar cases, whether a contingency fee is appropriate, and if so, what percentage should be charged. For example, a case of “clear liability” with catastrophic damages (e.g., paralysis, brain injury, loss of life) and a well-insured defendant, may well justify a reduced percentage, or a graduated percentage based on the amount ultimately recovered; whereas, a case of “questionable liability”, in which the Firm’s investment in the case is at greater risk, may well justify an increased percentage. Another determinative factor is whether the Client is willing or able to pay the out-of-pocket expenses (such as expert witness fees, etc.) or whether the Firm will be paying such costs. The contingency fee is payable at the conclusion of the case, when the money recovery is actually received; and in the unlikely event that there is no recovery, there is no fee due. When the Firm recovers a settlement or money judgment on behalf of a Client who has suffered permanent paralysis, a traumatic brain injury, or when a death has resulted from such an injury, the Firm contributes a percentage of its attorney’s fee to whatever organization or institution the Client or the Client’s family designates. This is usually one which has been especially instrumental and supportive of the Client following the injury (e.g., the Client’s church or synagogue, the rehab facility, or any another supportive charity.) Hourly-Rate Legal Fees In some situations, a traditional “hourly-rate” fee arrangement is preferred by the Client. It may also be required by the case, and/or by the canons of ethics (e.g., divorce cases and actions for alimony or support). This arrangement also requires a retainer to be paid at the time of the engagement, maintained during the engagement, and is not contingent on the outcome of the case. This amount varies depending on the nature of the case and the Client’s financial situation. A statement is provided to the Client periodically (usually monthly) detailing the specific legal services provided, the lawyer or paralegal providing each service, and the time invested in performing the service at his or her rate per hour. The statement is payable upon receipt and the Client pays for the legal representation as the case progresses. Flat-Rate Legal Fees On some occasions, the Client prefers a “flat-rate” fee arrangement, particularly in those situations where the Client desires some degree of predictability as to the amount of fees to be incurred. This allows the Client to budget for the legal expenses. Depending on the nature of the case, and the Client’s financial situation, there are several payment options. A flat fee arrangement may provide for payments to be made in full in advance, or in agreed amounts on a monthly basis. The Client can also make payments upon the occurrence of some specific event in the case (e.g., the scheduling of depositions, or the filing of an appeal, etc.). They can also make payments upon completion of some stage in the case (e.g., the mediation hearing, the grant or denial of summary judgment, etc.). It is also possible in certain cases to arrange for a flat fee to be contingent upon obtaining a particular result (e.g., negotiating a settlement above or below a set amount, or obtaining an injunction, etc.) – see Hybrid Fees below. Hybrid Legal Fee Arrangements A number of Clients believe it is important that their lawyers have a financial stake in the outcome of the case. They also do not want to commit to a traditional hourly-rate arrangement in which the lawyer is paid in full regardless of the outcome. We appreciate the Client’s perspective as well as the opportunity to participate in a successful result. We are willing to agree to a hybrid fee arrangement with certain Clients. Such arrangements can include any or all of the other types of fee arrangements. These include a flat monthly payment combined with an agreed-upon payment upon the completion of specific stages, or a reduced hourly-rate payable monthly with a contingent flat fee payable upon obtaining a certain result, or any other combination of fee arrangements which are acceptable to the Client and the Firm. The Firm will often propose a hybrid fee arrangement to the Client in lieu of a flat fee or hourly-rate arrangement, and the Client will then have the choice as to which fee arrangement they would prefer.
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