Attorney Fees

Most law firms demand most, if not all, payment BEFORE they even start your case.  TMBC is different.

The Mark Bamberger Law Co. LLC. provides a number of ways to pay your fees.

The following is a summary of the primary forms of billing used at TMBC and the types of cases considered:

  1. CONTINGENT FEE CASES

A client pays a contingent fee to a lawyer only if the lawyer handles a case successfully. Lawyers and clients use this arrangement only in cases where the money is being claimed-most often in cases involving personal injury, motor vehicle accidents, medical malpractice, wrongful death claims, etc.

In a contingent fee arrangement, the lawyer agrees to accept a fixed percentage of the recovery, which is the amount finally paid to the client. If the claim is settled or the court case is won, the lawyer’s fee comes out of the money awarded to you. If the court case is lost or you fail to settle the claim, neither you nor the lawyer will get any money and you will not be required to pay your attorney for the legal work done on the case.

Depending upon the applicable laws, legal ethics rules, and/or the attorney’s policy, you may or may not have to pay “out of pocket” court filing fees, the costs related to deposing witnesses, medical records cost, and similar charges. If the matter of expense reimbursement is unclear to you, make sure this is discussed and agreed upon in advance with your attorney. The vast majority of attorneys will outline their policy on fees and costs in a written fee agreement or contract before they start representing you.

While we believe this feature to be of great benefit to the client, you must remember that the particular laws, legal ethics rules, and/or the policies of each attorney may differ as to the treatment of legal fees and costs. Further, any fee estimates are general in nature and subject to modification by the attorney, depending upon the accuracy and completeness of the information you provide as well as other factors relating to your specific legal situation.

  1. HOURLY FEE CASES

In an hourly fee arrangement, the lawyer will bill the client for the time that he or she spends performing legal services on the client’s behalf. This type of arrangement is typically used in cases where it is difficult or impossible to determine exactly how much legal work will need to be provided in order to resolve your legal matter. Typically the following legal matters are handled on an hourly fee basis: contested divorce, child custody, white-collar crimes, fraud, serious or complex criminal cases, environmental cases, and animal law cases.

The hourly rate for the particular legal matter is disclosed and agreed upon, in advance, between the client and attorney. Hourly rates will vary according to such factors as the type of case, the attorney’s experience and qualifications, the geographical area, and the complexity of your particular case. At TMBC, we keep track of their time in terms of each tenth of an hour (i.e. in six-minute increments).  This will be specifically reflected in your monthly invoice.

In almost every hourly fee case, the attorney will require a deposit from which they can draw funds as they complete billable activities on your case. The amount of the required deposit will vary depending upon the attorney’s policies, the total estimated time, and the specifics of each case. Once this deposit is exhausted or depleted to a pre-determined level, the attorney may require the deposit of additional funds. It is recommended that you ask questions, before hiring the attorney if any of these policies are unclear to you.

Regardless of the amount of the required deposit, it is important that you discuss with a prospective attorney, at least a general estimate of the hours necessary to complete your case. The accuracy of any general estimate or range is usually not guaranteed due to many unknown factors, some of which neither you nor your attorney can control.

Depending upon the applicable laws, legal ethics rules, and/or the attorney’s policy, you may or may not have to pay “out of pocket” costs such as long-distance telephone charges, copies, deposition expenses, and similar charges. In criminal cases, if applicable, you would be responsible for any fines, court-ordered restitution, court costs, and the like. In contested divorces, child custody disputes, and other civil proceedings, you are usually responsible for court costs, filing fees, and other court-mandated expenses such as expert evaluations. In an hourly fee arrangement, you need to discuss any other contemplated charges or expenses with your prospective attorney so you know what to expect before they start representing you.

While we believe this feature to be of great benefit to the client, you must remember that the particular laws, legal ethics rules, and/or the policies of each attorney may differ as to the treatment of legal fees and costs. Further, any fee estimates are general in nature and subject to modification by the attorney, depending upon the accuracy and completeness of the information you provide as well as other factors relating to your specific legal situation.

  1. FLAT FEE CASES

In a flat fee arrangement, the lawyer will charge the client a pre-determined amount for the completion of a defined legal matter on the client’s behalf. This type of arrangement is typically used in more common or less complex cases where the attorney, based upon custom or experience, can arrive at an estimate as to how much and what type of legal services will need to be provided in order to resolve your case. Typically the following legal matters are handled on a flat fee basis: drunk driving defense (DWI/OVI/DUI), driving under license suspension (DUS/NO OL), traffic citations, most minor or misdemeanor crimes, and non-contested divorce or dissolution of marriage cases.

The flat fee for a particular matter is disclosed and agreed upon, in advance, between the client and attorney. Because of the nature of a flat fee case, the extent, limitation, or scope of representation is an important factor (i.e. what exactly does the fee include?). In every flat fee case, the attorney will usually require that the fee be paid upfront and in advance. In some cases, the client will pay a percentage of the total flat fee upfront and agree to make the additional payments on certain dates or at the conclusion of the case. The payment terms will vary depending upon the attorney’s policies and the specifics of each case.

If additional legal work is requested by the client or the legal situation unexpectedly changes during the course of representation, the attorney and client may need to amend their arrangement accordingly (e.g. a client charged with drunk driving is later accused of driving under a license suspension or a non-contested divorce case turns into a contested matter). It is highly recommended that you ask questions, before hiring the attorney, if you are unsure of exactly what services are included in the flat fee.

Depending upon the applicable laws, legal ethics rules, and/or the attorney’s policy, you may or may not have to pay “out of pocket” costs such as long-distance telephone charges, copies, deposition expenses, and similar charges. In criminal/traffic cases, if applicable, you would be responsible for any fines, court-ordered restitution, court costs, and the like. In non-contested divorces, dissolution agreements, and other common civil proceedings, you are usually responsible for court costs and filing fees. In a flat fee case, you need to discuss any other possible charges or expenses with your prospective attorney so you know what to expect before they start working on your legal matter.

While we believe this feature to be of great benefit to the client, you must remember that the particular laws, legal ethics rules, and/or the policies of each attorney may differ as to the treatment of legal fees and costs. Further, any fee estimates are general in nature and subject to modification by the attorney, depending upon the accuracy and completeness of the information you provide as well as other factors relating to your specific legal situation.

 

Mark J. Bamberger, Ph.D., J.D. is admitted to and a member in good standing of (1) the Ohio State Bar; (2) the Ohio State Bar Association; (3) the Dayton, Ohio Bar Association: (4) The United States Bankruptcy Court for the Southern District of Ohio; (5) the United States District Court for the Southern District of Ohio; (6) the United States District Court for the Northern District of Ohio; and (7) the United States Court of Appeals for the Sixth Circuit.