Fees
 

Carter, Ramseier, & Holcombe, PLLC

229 John Street

Clayton, New York 13624

315-686-5572

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Types of Attorney Fee Agreements

 

We handle many transactions on an hourly, fixed fee,  or contingent basis depending on the facts of the particular matter. We generally handle personal injury cases on a contingent fee basis. 

There are several types of attorney fee arrangements:

    

"Time based" means a fee that is determined by the amount of time involved such as so much per hour, day or week.

 

"Fixed" means a fee that is based on an agreed amount regardless of the time or effort involved or the result obtained.

 

"Contingent" means a certain agreed percentage or amount that is payable only upon attaining a recovery regardless of the time or effort involved. 

Written Fee Agreements- law requires that many types of   fee agreements be in writing, and the best practice is to have all fee agreements written. Payment of costs and fees are due and payable under the terms of the written fee agreement.

Contingent Fees- Contingent fees often are the client's  key to services. By allowing clients to pay for legal services out of the recovery, people who cannot afford to advance an hourly rate are able to retain experienced and competent lawyers to undertake cases.  Contingent fee agreements must be in writing to be enforceable by either the lawyer or the client.  We are required by law that our clients be ultimately responsible for any costs and expenses, further explained below. In this way, the lawyer does not gain an interest in the litigation.  

Hourly or Flat Fee Agreements- Although personal injury cases are handled under a contingent fee agreement, there are certain cases (divorce, real estate, business arrangements or disputes) that we take on an hourly or fixed fee.

Representation of children, approval of fees- In a case where the primary client is a child, the parent must seek court approval in many situations in order to protect the child. Typically, absent evidence of over reaching, or a conflict arising between counsel and client, the probate court will approve the settlements and the fees agreed upon; however, the parent must understand that the benefit of the settlement must go to the child and that trusts, or supervised administration may in order to fully protect the child.

Expenses- Aside from any attorney fee, there are always expenses in pursuing any claim. Examples of such expenses are: fees payable to the court, the cost of serving process, fees charged by expert witnesses, fees of investigators, fees of court reporters to take and prepare transcripts of depositions, and expenses involved in preparing exhibits.