On this page, we talk about the different ways that lawyers charge. (In Georgia and elsewhere, lawyers tend to charge for their services in the same ways.) We also discuss our firm specifically, and explain how much we charge to work on a case. Like most personal injury lawyers in Atlanta and elsewhere, we charge a percentage of what we win, meaning that our client doesn’t owe us anything unless and until we recover money for our client. Read more about that, and more about our specific percentages, below.
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Lawyers have a variety of fee structures, and certain lawyers are just more expensive than others. Factors that can affect attorney fees are
At Butler Kahn, our fee is a percentage of the amount of money we’re able to recover for our client. If we don’t recover any money for our client, then our client doesn’t have to pay us. Our percentage varies depending on the complexity and riskiness of the case, but it is usually between 33% and 45%.
Before we get into a further discussion about attorney fees, it’s important to distinguish between attorney fees and costs. An attorney fee is what an attorney is paid for their services. Costs and expenses are different—they are the costs that must be paid to third parties in order to bring your case. Costs and expenses would include paying for things like court filings, court reporters for depositions or hearings, document copies, travel expenses, costs to serve subpoenas, and anything else really that is not an attorney fee.
At Butler Kahn, we advance all litigation costs. The costs that we advance include the costs of gathering records, filing costs, deposition costs, the costs to travel or meet with witnesses, etc. We get paid back for those expenses at the end of the case if we win the case for our client. If we lose, our firm loses that money.
When you have a contingency fee arrangement, you pay your attorney an agreed upon percentage of compensation you are awarded or that is negotiated in a settlement. In other words, if you lose your case and don’t get any money yourself, you don’t pay your attorney. (This is how Butler Kahn works.) The percentage of you would pay your attorney varies according to the law firm, the type of case, and how far the case goes before it is resolved. If you must go to trial, the fee is likely to be higher. Many personal injury attorneys charge contingency fees—that means that unless your lawyer wins, your lawyer does not get paid. Some firms that charge contingency fees, like Butler Kahn, will also cover the case expenses for you, and get paid back for those case expenses only after a successful settlement or judgment.
If you are in an accident or suffer some other kind of injury for which you feel you should be compensated, there is no downside to calling for an appointment to learn your options if your attorney charges a contingency fee. If you proceed with your case, you won’t need to lose sleep at night worrying how you will pay your attorney. At Butler Kahn, if we don’t win your case, you won’t owe us a dime.
As mentioned, contingency fees are common for personal injury cases but not exclusive to them. However, lawyers are not allowed to charge contingency fees for some services, such as representing you in a child support matter. In some areas of the law, such as corporate tax consultation, a contingency fee simply would not be feasible, because there is rarely a court award or settlement involved with the work.
Be aware that even attorneys working in the same firm will not have the same hourly rates. A partner with extensive experience will charge more than a junior associate. Sometimes you will have a team of lawyers on your case, who all charge different rates. Also, different types of work may be charged differently. For example, many attorneys charge more per hour for going to trial than for other work they do. Some attorneys who charge hourly give a free or inexpensive first consultation. Make sure you understand the consultation fee when you make your first appointment.
The disadvantage of hourly fees when you sue someone is that you must pay your attorney whether or not you win the case. If you lose, you could come out worse than when you started.
A flat fee is simply an agreed upon sum for specific work. You will sometimes see flat fees advertised for DUIs, uncontested divorces, wills, and other simple relatively legal work.
A retainer fee can mean two different things. If your attorney wants a retainer fee, make sure they explain exactly what they mean.
Some attorney fees are set out in statutory law. This is unusual, but fees are sometimes regulated by law in certain in probate or bankruptcy proceedings.
It’s important to have a basic understanding of attorney fee structures, but it is just as important to communicate with your attorney. If you have questions about fees or costs, don’t hesitate to ask at any point. Call Butler Kahn today if you need an experienced GA personal injury lawyer.