Scope first.Fees in writing.
Legal fees should reflect the work required, the value and complexity of the matter, the evidence available and the form of retainer agreed upon. The terms are confirmed in writing before the firm begins acting.
The arrangement should fit the file.
Not every structure is available or appropriate for every matter. The firm determines the retainer after reviewing the legal issue, evidence, expected work, recovery prospects and professional obligations.
Fees are based on the time required to provide advice, prepare materials, negotiate, attend examinations, mediate or appear in court.
- Written scope and rates
- Retainer funds may be required
- Disbursements and taxes are separate
- Updates where scope materially changes
Some defined services may be suitable for a fixed or staged amount where the required work and assumptions can be described clearly.
- Specific deliverable or phase
- Assumptions stated in writing
- Changes may require a revised scope
- Not suitable for every contested matter
Some claims may be considered for a contingency retainer, subject to legal requirements, written disclosure and an assessment of risk and recovery.
- Availability assessed case by case
- Percentage disclosed in writing
- Disbursements addressed separately
- No result can be guaranteed
The legal issue is only one variable.
Volume and quality of evidence
Organized records can reduce review time. Missing, conflicting or extensive evidence can increase it.
Urgency and procedural stage
An early assessment differs from responding to an imminent motion, trial date or limitation concern.
Number of parties and issues
Multiple parties, experts, witnesses, properties or agreements usually increase preparation and coordination.
Opposing position and settlement prospects
Costs depend partly on whether information is exchanged and reasonable settlement discussions are possible.
Remedy and financial stakes
The procedure should be proportionate to the amount, property, relationship or legal right at stake.
Client decisions and objectives
Clear instructions and realistic priorities help counsel select the most efficient route through the matter.
What the retainer should make clear.
What the firm is retained to do
The legal services included, important assumptions and any work that is outside the initial engagement.
Who is responsible for decisions and information
The lawyer provides advice and advocacy; the client provides accurate information and makes informed instructions.
How fees, disbursements and taxes are handled
The basis of the fee, billing frequency, required retainers and responsibility for external costs.
Start with the scope.
Once the matter is understood, the appropriate retainer and billing structure can be discussed.
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