“What can you tell me about fees?”

I prefer to handle appeals and writs on a flat-fee basis, as opposed to charging by the hour. The scope of work in an appeal is more predictable than in pre-trial and trial work. Flat fees provide clients with certainty about the cost. And they enable the lawyer to develop legal theories in a creative way, without constantly worrying whether exploring certain avenues can be justified by the extra hourly charges. If you are concerned that flat fees will provide a lawyer with an incentive to do less work, then you are looking at the wrong lawyer.

The amount of a fee depends principally on the length of the trial court proceedings, the size of the record, the number of likely issues and their complexity, and whether I am bringing or defending the appeal.

Flat fees for defending appeals are typically between $8,000 and $25,000. Fees for bringing appeals are typically between $15,000 and $40,000.

The flat fee typically covers all the work that is usually included in an appeal, including launching the appeal, designating and otherwise organizing the record, communications with the client, reviewing the record, researching and writing the briefs, oral argument, routine procedural matters and — in appropriate cases — exploring settlement.

The flat fee also includes all legal research costs. (I subscribe to a wide range of databases on Westlaw and have at my fingertips the same “library” as the largest law firms in the nation.) In addition, it includes in-house overhead costs.

Outside expenses, such as court filing fees, shipping, travel, and the cost of obtaining the trial court record, are generally charged separately at cost. At a minimum, these are likely to add about $2,000 for parties bringing appeals — and that assumes that relatively little in the way of transcripts is required. Expenses for defending appeals are usually lower.

I also offer a special $450 rate for initial consultations — see below for details.

In general, payment of fees and likely expenses is required in advance. This will be deposited in a client trust account. My standard fee agreement provides that I will not draw a penny of the fee from the trust account until I file a brief on behalf of the client. Unused expense amounts will, of course, be returned.

I can take payment by credit card if a client wishes this.

In some circumstances, I will consider defending appeals on a contingent fee basis. I only do this where there is a money judgment against a party clearly in a position to pay.

Before work starts on an appeal, clients are required to sign a written fee agreement that sets out all terms of the engagement. That agreement, and not the general information in this Web site, will govern the terms of the attorney-client relationship.

“Do you offer a rate for initial consultations?”

Yes. I offer a special rate for initial consultations of $450. For this, I will discuss the case with you on the phone or in person (not necessarily in just one session), review some key documents, consider the procedural position of the matter, possibly perform some initial and limited legal research, and, if it seems helpful, talk with the lawyer who represented you in the trial court.

The purpose of this consultation is to assist you in making decisions about your options going forward by increasing your understanding of the likely issues, the range of possible outcomes, the likelihood of success, and the appeals process generally. There is no fixed amount of time involved in this introductory consultation and analysis — two hours might be typical, but it could be more or less. Any advice that I give under this arrangement is necessarily tentative.

I am always happy to speak briefly, and at no charge, with people considering an appeal or writ simply in order to determine whether this type of initial consultation even makes sense. In fact, a telephone conversation is my preferred method of initial contact.

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