Litigation
Retainer Agreement
Maryland
either in a flat fee or with a retainer, do attorneys charge for wait time in court/travel time to and from?
Have a protective order hearing coming up. I have the option of using a lawyer with no retainer agreement, but a deposit and an hourly rate or one with a retainer deposit and an agreement. In either case, is wait time in court charged at the hourly rate?how about travel time?
Answers from 1 Lawyer
Answer
Litigation
Maryland
Michael T.
ContractsCounsel verified
Generally speaking, we charge for all time spent on a file. If I'm away from my desk for your case, then I can't work on other cases. So, yes, a five-minute hearing in court might result in a two-hour bill, because that was two hours dedicated to your case. That's why lawyers like to schedule multiple cases for the same hearing: we can pro-rate the travel and waiting time over multiple cases. Flat fees do not normally get a charge for travel or waiting time, because that time is included in the flat fee. A lot of judges start their hearings by "calling the docket" (bringing up each case one by one) and getting time estimates; then calling the cases beginning with the shortest time estimates. Some judges leave all the cases without lawyers to the end. This results in (A) the people involved in cases without lawyers see how it's done; and (B) the lawyers spend less time sitting around waiting and go back to being productive.
People Also Asked
Business Contracts
Retainer Agreement
Washington
What are the key elements that should be included in a retainer agreement?
I am in the process of hiring a lawyer to handle a complex legal matter and they have asked me to sign a retainer agreement. I am not familiar with the specifics of a retainer agreement and want to ensure that I understand the key elements that should be included in such an agreement. I want to make sure that my rights and interests are protected, that the scope of work is clearly defined, and that the fees and billing terms are fair and transparent.
Merry K.
That is an excellent question, and I wish more people asked. Every attorney writes these differently, but, like all contracts, retainer agreements are usually written to benefit the author, and it's often difficult to negotiate changes. For a very large and costly project, please consider paying either a contracts attorney or an ethics attorney for an hour or two of his or her time to review the proposed retainer before you sign, and perhaps help you negotiate it. One of the things to look for is (are) hidden costs - for example, will the law firm charge you $36 every time they write a one sentence response to an email question you may have? Will you or they be paying for experts - if so, who will be used, and will you have any say in their selection? How much will the experts charge? (EG - a doctor in a personal injury case could charge $1500/hour). Does the retainer include language regarding how disputes between you and the law firm will be resolved? Does the retainer fully comply with the Washington State Rules for Professional Responsibility? https://www.courts.wa.gov/court_rules/?fa=court_rules.list&group=ga&set=RPC (Please note - the court website system has been having technical problems - in addition to the rules, there are also innumerable opinions interpreting the rules - only a true ethics attorney will be on top of all of these).
Read 1 attorney answer>Business Contracts
Retainer Agreement
Washington
Can a lawyer increase the retainer fee outlined in the retainer agreement after the agreement has been signed?
I recently hired a lawyer to represent me in a legal matter, and we entered into a retainer agreement that outlined the scope of the representation and the retainer fee required. However, after a few weeks, the lawyer informed me that they would be increasing the retainer fee due to unexpected complexities in my case. I am wondering if this is permissible under the retainer agreement, or if I have any rights to challenge this increase and continue with the original agreed-upon fee.
Merry K.
Thank you for your question. The answer is going to sound a bit vague, but a retainer agreement is a type of contract - like any contract, the answer depends on the terms of the agreement itself. Please read the agreement very carefully, and see whether or not an increase in the retainer is allowed or not under the terms of the agreement as written. Also, please note that most often, a retainer is simply a down payment on hourly fees that will be charged - if that's the case, the attorney will have more flexibility in asking you to pay in advance. If, on the other hand, you are being charged a flat fee for a service, the attorney may have less flexibility in changing the terms. I suggest that you carefully read through this page of information from the Washington State Bar Association for additional information: https://www.wsba.org/for-the-public/concerns-about-a-lawyer
Read 1 attorney answer>Litigation
Demand Letter
Florida
Costs threatened in a demand letter?
I recently received a demand letter from a person that I had a disagreement with. The letter stated that if I did not take certain actions, they would take legal action against me. The letter also mentioned potential costs associated with this legal action. I am wondering what the potential costs could be and what I can do to protect myself from incurring them.
Linda W.
The first question I would ask, is the nature of the dispute. Is it actionable? Does the person who sent the demand letter have any legal right to bring a lawsuit against you? Typically costs associated with a lawsuit are the filing fee and service of process/summons and possibly free judgment interest, depending on the alleged violation, if it is monetary.
Read 1 attorney answer>Litigation
Cease and Desist
New Jersey
My name is Ocaris and I was wondering what would be the cost to summons a few YouTube channels with a cease and desist letter?
Defamation of character and slander
Matthew S.
To send a cease and desist letter to YouTube he’s an exercise in futility. They are exempt from lawsuit under federal law. The various content providers that they host is a different issue. Assuming that there are similar issues for the different providers the initial reason desist letter would cost $200. Each additional content provider would be $100.
Read 1 attorney answer>Litigation
Contract for Deed
Texas
litigation matter
GOD DAYDear counsel ,We have reviewed your profile and we have a breach of contract agreement for litigation in your jurisdiction and would like to retain your firm for litigation matters,please what is your hourly fee and standard retainer fee? kindly advise to enable us forward you the adverse party information for your conflict check.if you are interested, we shall forward you the document for review. BEST Regards.Hiroshi Kawaguchi, Presiden
Jonathan G.
I charge $210/hour for litigation, and I do not keep retainers. I usually just bill every month to my clients.
Read 1 attorney answer>