It’s great to win a case! Whatever type of case it is, it is great to win. The clients are happy, justice is served, and The Mark Bamberger Co., LLC gets paid. What’s wrong with this statement? Should payment be dependent on whether an attorney wins the case? In almost all cases the answer is “no”. We put tremendous passion and effort into our cases. Many times we win and there are toasts of whiskey all around at TMBC. However, the losses are often twice as painful and personal as the victories are sweet. The ultimate determination of the court either in our clients’ favor or in opposition does not change the time we spent or the passion we exerted toward the case.
In these difficult economic times, some clients weigh their commitment to paying their bill on the outcome. A recent article in the Dayton Bar Association’s Bar Briefs recommended that attorneys bill by the quality of their work, not the time spent. In this business owner/attorney’s opinion, that feeds right into this vice. We as legal counsel work hard for our clients, at least we ethical ones do. We bring years to decades of experience and expertise to the table for our clients. Our clients must realize that the outcome of their case does not change their admitted commitment to pay us for our time and effort.
We at The Mark Bamberger Co., LLC have always tried to do a consistently high level of pro bono (unpaid) work for those in need. I do a number of divorces and other cases per year for people who cannot otherwise pay, but are in dire need of legal assistance. It should be noted that there is a difference between pro bono work and what I term “involuntary pro bono work” (a.k.a. working your butt off and not getting paid). When I sign an agreement with a client, I expect to do my level best to represent them as they commit to do their level best to be open and honest with me about themselves and their case and further to pay their bill. That sounds fair…right?
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