Flat fees for appeals
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. 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. When I work on hourly rates, they are competitive with prevailing ones for certified appellate specialists.
I try to avoid the “hidden extras” that clients typically resent. For example, my fees — hourly or flat — include all legal research costs. In addition, the fees includes in-house overhead costs. Outside expenses, such as court filing fees and the cost of obtaining the trial court record, are generally charged separately.
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.
In some circumstances, I will consider defending appeals on a fully or partial 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 special rate for initial consultations?”
Yes. Please review the Consultations page on this site for details.
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. 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. When I work on hourly rates, they are competitive with prevailing ones for certified appellate specialists.
I try to avoid the “hidden extras” that clients typically resent. For example, my fees — hourly or flat — include all legal research costs. In addition, the fees includes in-house overhead costs. Outside expenses, such as court filing fees and the cost of obtaining the trial court record, are generally charged separately.
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.
In some circumstances, I will consider defending appeals on a fully or partial 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 special rate for initial consultations?”
Yes. Please review the Consultations page on this site for details.