What These Words Mean
Contingent - not certain to happen; possible
Deposition - written statements by a witness
Retainer - fee paid before work is done
Why Do You Need a Lawyer?
- You or your friends do not know the fine points of law.
- A lawyer must go to college and law school, must pass a test to be a lawyer and knows how to help you.
- You may not know how serious your legal problem is.
- The cost of a lawyer may be less than what you would lose if you did not use a lawyer.
How Do You Find Out What the Lawyer's Fees Will Be?
Ask the lawyer how much the fee will be. You should talk about the fee at the first meeting with the lawyer. If you cannot afford to pay the fee, tell the lawyer before he or she does any work for you.
What is a Contingent Fee?
It is a fee that you pay only if the lawyer collects money on your case. You do not pay a contingent fee if your lose your case. If you fire the lawyer working for a contingent fee before the case is over, you may need to pay a fee for work the lawyer did on your case.
How Much are Contingent Fees?
You and your lawyer must agree on how much of the money he collects that he will keep for a fee. The contingent fee contract should be written and signed by you and your lawyer. You should have a copy of the fee contract. The contingent fee will depend on:
- the amount of your claim;
- the difficulty of your claim;
- how sure the lawyer is that you will collect.
Contingent fees can be 1/4, 1/3 or 1/2 of the amount paid on your claim. A contingent fee may be more than a fee based on time and work. If a lawyer is paid, even if the case is lost, the lawyer can afford to charge less than a contingent fee.
Who Pays Court Costs and Expenses of the Case?
The court will require a cost deposit when a case is filed, and you must pay the deposit. Your lawyer cannot pay court costs. You must pay expenses of your case, such as doctors, depositions, photographs and medical records.
What is Included in the Lawyer's Fees?
- The advice the lawyer gives you based on the research, study and work on your case or problem.
- The cost of the lawyer's office staff, secretary, books, equipment, rent and stationery.
How Does a Lawyer Set a Fee?
- Time and effort - A charge per hour for the time the lawyer works for you. It is possible to agree with a lawyer that you will pay only an hourly fee.
- Results - Sometimes the amount you pay depends on if you win or lose.
- Regular clients - A lawyer may charge a lower fee to long term clients.
- Difficulty of case - If you have a hard case, the fee may be more.
- Your lawyer may compare with fees of other lawyers.
- If your lawyer is an expert the fee may be more than for a lawyer who is not well known.
- In some cases, such as workers' compensation and probate, fees are set by law and the judge.
When Do You Pay the Fee?
You should ask the lawyer when he will send you a bill for the fee and when it must be paid. A contingent fee is paid when your claim is paid. All other fees are due when you receive a bill.
Can a Lawyer Tell in Advance What the Fee Will Be?
Yes, for some matters like a simple will, divorce, real estate contracts and deeds, bankruptcy and traffic court cases.
No, for cases in court that might take a long time.
Do You Need to Pay a Retainer?
In some cases the lawyer will ask that a part of the fee be paid before work is done. This is called a retainer fee.
Will the Lawyer Talk About Fees?
The lawyer wants you to be pleased with the service. The lawyer expects to be paid for the service. If the lawyer does not talk about the fee, you should ask. You have a right to know how the fee will be set.
If You Need Help Finding a Lawyer
If you need help finding a lawyer, call The Missouri Bar Lawyer Referral Service at 573/636-3635
In St. Louis, call
314/621-6681
In Kansas City, call
816/221-9472
In Springfield, call
417/831-2783