Legal Question in Legal Malpractice in California

Are there alternatives to paying by the hour? Like a flat rate payable in advance? Or a monthly payment plan for 3 years?

Another question: What's a retainer? I paid one for $ 5,500. Never got anything for it. After months, the lawyer said "sorry this hasn't worked out" and that was the end. I didn't even get an invoice or a break down of the billing (like 1 hour handling e-mails, 1 hour being on the phone).

Another question: Would a retainer be used for regular work, or is it a kind of one-off fee to open the door and thereafter the hourly billing begins? That lawyer had a $ 250/hr rate and I was hoping to get 20 hours plus some court fees for the $ 5,500.

Q3: Yet another lawyer never spoke with me nor do we have a written contract. We were exchanging e-mails and then I get a bill for > $ 3,000. Once again, the actual work was less than an hour. And that includes e-mail correspondence and dictating a motion.


Asked on 3/26/12, 4:10 pm

3 Answers from Attorneys
Hong Shen

Except hourly rate, many lawyers offer contigent fees and/or flat fees in different areas of practice. You just have to shop around. Some attorneys do offer payment plans or installments as far as I know. In some areas of law you cannot get contigency fee arrangement, such as child custody/support and criminal law cases.

A retainer is by definition a fee you pay to retain the service. Unless specified in the retainer agreement, a retainer does not include subsequent fees generated while the lawyer actually worked on your case. A retainer is different compared to fee advance. A fee advance is a fee you pay up front. A lawyer earns that money by working on your case.

You do have to ask for an accounting to determine whether the fees are reasonable. $3000 for a few email exchanges do sound quite high.

Read more
Answered on 3/26/12, 4:24 pm
Patricia Meyer Patricia Meyer & Associates

You and your lawyer can Negotiate anything..... But it should be in writing so everyone is clear on the expectations. Would need to look at written agreements and bills to determine if the fees were appropriate and certainly would need to know a lot more to evaluate if your lawyer was acting in your best interest.

Read more
Answered on 3/26/12, 4:46 pm


Related Questions & Answers

More Legal Malpractice Law questions and answers in California