What are the rates of California lawyers, and how do they compute their fees?
HOURLY FEE SCHEDULE. Hourly rates depend on the circumstances surrounding the case and the expertise of the lawyer. Under this arrangement, the client will take care of other incidental expenses such as fees incurred in transcripts, sheriff rates and filing. The client is also in charge of paying for the hours spent on legal work such as writing documents, making phone calls, attending meetings and conducting research.
CONTINGENCY FEES. Lawyers typically collect contingency fees in cases involving collection and personal injury. This payment scheme is not used in divorce, DUI (driving under the influence) and criminal cases. Here, the lawyer collects no fees unless the client recovers some money. The lawyer receives an amount that he and the client have agreed upon prior to litigation, normally ranging from 25 to 45 percent of the total amount received by the client.
The percentage the lawyer receives depends upon the following factors: amount of work the lawyer thinks he will provide for the case, the complexity of the case and the chance of recovering witness' fees. In cases of appeal, the percentage can go higher. Contingency fees can be given prior to the case's arrangement, and the client generally pays for other expenses such as deposition and filing fees. This type of fee should be put in writing, bearing the signatures of both attorney and client.
FLAT RATE. With a flat rate, the lawyer renders a predetermined legal service to the client in exchange for a fixed sum. Examples of cases involving flat fee arrangements are will preparation and matters involving criminal defense. Should complications arise, this type of payment scheme can be modified.
PERCENTAGE FEES. In arrangements involving percentage fees, the payment is composed of a fixed percentage of the amount of estate or property that is subject to transfer. This is normally the case in estate administration and in the buying or selling of properties.