Cases & Fee Types
Cases can be handled on an hourly, flat fee (or a flat fee/hourly fee hybrid), or contingent fee basis, depending on the type of case.
If you and the attorney agree to work together on your case, you will have an attorney fee agreement that sets out everything in writing. Learn more about the types below.
Flat Fees
Some cases are handled on a flat fee basis, where the client pays a set rate for an agreed-upon number of hours of attorney/staff time or a flat fee for a specific task (i.e., pre-trial/settlement vs. trial). Criminal cases and DUIIs (Driving Under the Influence of Intoxicants) are the most common cases where clients request a flat fee quote. For specifics, you will need to consult with an attorney.
Hourly Fees and Retainer Deposits
Many cases are dealt on an hourly basis with the client placing a retainer deposit into the attorney trust account. We send out billing statements once a month and any earned fees are taken out of the trust account. The remaining balance remains your money and stays in the trust account. If your case is resolved, then any remaining trust funds are refunded to you. Oftentimes, a hybrid of both flat fee and hourly fees is offered. The firm can typically give you options for all three and explain how each mitigates risk and allocates risk between the firm and the client, depending on fee structure. Different structures also result in different initial payments to the firm. As the case progresses, the trust account may need to be replenished to cover anticipated attorney fees and costs (expert witnesses, court reporter fees, etc.). Hourly rates differ depending on the type of case, the attorney or staff member handling the case, the case complexity and other considerations. Initial retainer deposits for litigation cases usually range between $3500 to $10,00 or $10k to $30k+ for complex litigation.
Contingent Fees
Contingent fees are when attorney fees are not paid unless your case meets the desired results-either settlement or trial victory. The fees are contingent on the outcome of your case. These fees are most common in Oregon personal injury cases where payment is guaranteed if a judgment is awarded (insurance claims) and are not permissible in criminal and family law cases. Contingent fees put the client and attorney into a business-like relationship. The attorney wants you to recover as much as you can, because you are the client, and we try our best to make you whole again. Also, the more you recover, the more the attorney fees the firm makes. For specifics, you will need to consult with an attorney.
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