Time to talk about one of the most controversial of subjects—attorney’s fees. For many lawyers, myself included, when we have our initial consultation with a client, we cringe when it comes time to mention our fees. I’m not quite sure why; I guess it has to do with the stereotype that lawyers are all rich and their fees are outrageous.
Well, I’m not rich. If you think I am, I’ll show you my bank balance, and they you’ll agree. Are the fees outrageous? I don’t think so, and here’s why:
In Mississippi, lawyers govern themselves under the Mississippi Rules of Professional Conduct. These are our ethics rules. Rule 1.5 covers fees. According to that rule, “A lawyer’s fee shall be reasonable.” There are several factors that come into play when determining whether the fee is reasonable, and these are also set out in Rule 1.5.
The first factor to consider is the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly. In other words, the more time spent, the more difficult the case, the higher the fee can be before being found unreasonable.
Next, is the likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer. So, theoretically, if it should be obvious to the client that taking his case would keep the lawyer from working on any other case for an entire year, a higher fee is justified.
The third factor is the customary fee in that geographic area. The fees for lawyers of similar skill and experience should be relatively similar.
The amount involved and the results obtained are looked at next. It makes no sense for a client to pay a $1,000 fee when the amount in controversy was only, say, $250.
Another factor is the time limitations imposed by the client or by the circumstances. If you find a lawyer the day before you need one, it’s reasonable for that lawyer to charge you more than he would have if you had found him earlier.
You should also consider the nature and length of the professional relationship with the client. This part of the rule gives the lawyer leeway to increase his fees over time during the relationship with a client.
The next-to-last factor is the experience, reputation,and ability of the lawyer or lawyers performing the services. Naturally, you would expect a more experienced lawyer to charge more, just as you would expect a more experienced builder to charge more to build you a house.
The final factor is whether the fee is fixed or contingent. You should note that Rule 1.5 goes on to forbid layers from charging a contingent fee in family law matters that is based on whether a divorce is obtained or the amount of the property settlement, alimony, or support. That’s why most family lawyers charge either a flat rate (for simple matters) or hourly.
As you can see, a lawyer has to consider a lot when determining their fee. Ultimately, though, a lawyer is like any other craftsman. You can expect that the more experienced, more senior, more renown craftsmen to charge more and you can expect to pay more for a complicated product than you can for something simple. Unlike, say , a carpenter, a plumber, welder, or painter, the end product of our skill and knowledge isn’t as tangible. However, that doesn’t make it any less valuable.
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