Showing posts with label Legal. Show all posts
Showing posts with label Legal. Show all posts

Saturday, November 12, 2011

Attorney's Fees - How to Avoid Large Legal Bills


Most attorneys make a good living and they do so by charging attorney's fees. This begs the question, what exactly are attorney's fees and what should I know about attorney's fees before I hire a lawyer? This article describes the different types of attorney's fees and provides a number of tips for determining which type of attorney fee is best for you.


A Few Minutes at a Time: The Hourly Attorneys Fee

Most attorneys charge hourly rates. Hourly rates are usually calculated by tracking hours in one, six, or ten minute increments. Some attorneys may even use hour increments. The rate attorneys charge per hour varies greatly based on the location of the attorney, the type of work to be performed, and the time required. It is not uncommon for specialized attorneys to charge in excess of $600 per hour. Most attorneys charge an hourly rate closer to $300 per hour.

While hiring an attorney who charges higher hourly rates may sound ludicrous, clients should understand that a specialist may be able to perform work much faster than a non-specialist. This is especially true if the non-specialist will have to bill a significant amount of hours to get up to speed on a legal matter.

One Successful Legal Issue at a Time: The Contingent Attorneys Fee

Contingent attorney's fees are also common. These fees are based on the success of the attorney in the legal matter. They are usually calculated using a set percentage. For example, a personal injury attorney may charge a contingency fee equal to 40 percent of any lawsuit recovery. These fees can routinely range from 30 to 60 percent.

Contingency fees may encourage the attorney to use his best efforts to resolve the matter. If they extend to settlements reached before the lawsuit ends, contingency fees may also encourage the attorney to settle the matter for any amount in the beginning of the case. In this case the attorney will have performed little work and in exchange for earning a fee - albeit a smaller fee that he may have earned for putting in more effort.

One Legal Issue Regardless of Outcome: The Flat Attorneys Fee

Flat fees are less common for attorneys. These fees consist of specified payment or payments denominated in a dollar amount. These fees can vary significantly, but they should relate to the attorney's estimation of how much time the case will take plus a profit component. Thus, a matter that will probably take ten hours for an attorney whose hourly rate is $300 per hour, might be offered by the attorney at $3,500.

Flat fees can help clients budget for legal costs, but they do have some drawbacks. Because they are not tied to the outcome of the case, the attorney may end up working faster and not smarter. Also, the attorney may be tempted to compartmentalize the job and charge a separate flat fee for each component. This can end up costing the client more than the contingent or hourly attorney fees they would have otherwise paid.

Conclusion

Clients should consider these options in deciding which attorney to hire. Ultimately, it is up to the client to negotiate an attorney fee payment arrangement that they are comfortable with. Most attorneys will be receptive to this type of negotiation.




Gary operates LawFiles. LawFiles is a free legal advice forum where attorneys answer legal questions submitted by users. It also provides free legal information, law-related tips, legal news, and free legal forms.




Friday, November 11, 2011

Les annuaires en ligne de procureur - comment évaluer un annuaire juridique sur Internet


There are a number of websites that claim have lawyers waiting to help. The reality is most of these Web sites are only Attorney directories created by teams that have no knowledge of the law or, in many cases, which have no connection to a real lawyer or a firm of marketing.

These online Attorney directories often end up by at the top of the results of the search engines. Marketing teams to ensure that this happens. It remains to you, the consumer who is looking for a lawyer, the obstacle to evaluate the Attorney Directory online. Here are some tips to assess counsel directories online that you are looking for the right lawyer.

Determine if the directory is a paid directory.

Paid directories are those that require lawyers to pay a fee to be included in the directory. Paid directories have generally information more precise contact area and practice. Prosecutors who pay to be included in the directory have interest in ensuring that their information is correct.

The disadvantage of these directories is that they can have little lists of attorney. This raises the question of what types of pay attorneys appear on an online legal directory. Of many successful lawyers do not have to incur this expenditure to practise. Other very good lawyers such an expense, but most of them do not know it regularly. For example, prosecutors who start everything just to, changing practice areas or are moving to another State can initially use these directories as they establish their new law practices. This is the type of lawyer you hire? If so, paid legal directory may be just what you are looking for.

Browse through the free Attorney directories.

Lawyer directories online not all free are bad. There are a few very good. Best online legal directories are generally the direct involvement of lawyers themselves. For example, several free online Attorney directories have forums where lawyers answer legal questions free. This allows the lawyers get the word out on their practice and their expertise, while helping to point people in the right direction.

Some other free online Attorney directories focus on the compilation of contact information for lawyers. Most of these directories compiles the information without any direction or comments from lawyers that are listed in the directory. These directories have distinguished themselves as they provide generally just a list of lawyers. These directories often scrape information from legitimate sites for the sole purpose of generating advertising dollars for themselves.

A recent trend is for these Web sites have a profile page for the Attorney who can be "claimed" by the Attorney. The purpose here is to bring visitors to the directory by using search engines, thus generating revenues of advertising for the directory. The directory can also expect counsel to be view profile and it "claim" by entering their information. Very few lawyers actually say profiles in this way. Indeed, many of them have to contact the legal directories and request that their names deleted from the directory. Thus, you should avoid any directory attorney said prosecutors should "claim" their profile.

Avoid Attorney rating sites.

Lawyers assist clients with a myriad of legal issues and the facts of each case are different. The work of prosecutors cannot be reduced to a number or other side. These rating systems often try to gauge an attorney by the number of years, that the solicitor was in practice. Older are not always better. Statistics show that most of the complaints filed with the state bar associations are filed against the solicitors who have practised a number of years. These complaints relate to failure to provide a customer service of quality of failing to keep abreast of the Act. It is quite rare to see the same complaints against the attorneys of the young people, this has no bearing on how the Attorney is likely to manage your particular legal issue. You should avoid directories attorney as counsel for the speed in this way.

Avoid the Attorney Directory which includes prices.

Lawyers are heavily regulated. The rules of professionalism of the Prosecutor for each State say that lawyers must charge a reasonable fee. What is reasonable for a particular issue is subject to a large number of factors. Unless you have provided all the information in the Attorney Directory, it should not indicate the price. This seems common sense, but there needs to be said. Avoid Attorney directories include information on the price.

These steps should help you identify the directories online Attorney that find you in the results of search engines.




Gary operates LawFiles. LawFiles is a free legal advice forum where lawyers answer legal questions submitted by users. It also provides free legal information, legal advice, legal news and free legal forms.




Saturday, November 5, 2011

Going Legal - How to Find & Work With an Attorney For Your Small Business


Deciding Whether to Go Legal

As a train full-time practicing attorney and now a small business owner, I have been on both sides of the fence when it comes to the legal issues a business owner may face. This provides me with the distinct advantage of knowing when to call in an attorney for assistance, as opposed to using another professional, such as an accountant, financial planner, insurance agent, or business coach - or perhaps handling the matter myself. In addition, my background helps me to select an attorney that is the best fit for the business matter at hand. Many entrepreneurs have had limited experience deciding whether a matter needs legal attention and, if so, what type of attorney to retain, how to find the best match, and how to maximize the attorney-client relationship. As an entrepreneur, it is imperative that you understand when to 'go legal', and if you do, how to find and work with an attorney that is the best fit for your issue.

If you are confused about whether your matter needs legal attention or whether you can handle it yourself, try researching the matter on the American Bar Association's Self-Help online center. Go to Public Resources, then Legal Help, and then Self-Help. The section is organized by state and is a user-friendly resource for determining whether a matter is complex and needs a legal expert, or whether it is something you can handle yourself.

In addition, a good business coach, especially one with a legal background, is a great sounding board to assist you in determining whether an issue is truly legal in nature, and if so, which type of attorney to retain. You would be surprised how many issues appear in legal nature, but turn out to be business decisions instead. So don't be hasty when deciding whether to go legal!

Not All Attorneys Are Created Equal

So, creation you have decided to 'go legal' and retain an attorney, which one are you going to call? If you broke your arm, would you make an appointment with an allergist? If you had an ear infection, would you seek the advice of a surgeon? Of course not! Yet, everyday, many entrepreneurs contact and use attorneys to handle matters for their businesses that are completely outside the realm of what that attorney specializes in. Yes, attorneys specialize.

First, there is the main issue of whether your matter is civil or criminal in nature. Generally (and, thankfully!), the average legal matter an entrepreneur will face is a civil matter. Thus, you will be dealing with a civil attorney (debate in more ways than one). However, civil law is a huge umbrella. Typical small business matters may include incorporation, intellectual property (trademark, copyright, and patent), contract drafting and enforcement, employment or labor law issues, etc. Thus, look for an attorney that specializes in the area you need help with. Don't be tempted to use your cousin, who is a residential real estate attorney, to assist you with a complex issue trademark. While this may be tempting in terms of saving money, it may (and often does) cost you more money in the long run if the matter is not handled properly. So match the attorney to the problem, and you are on the right track.

If you are unsure what type of legal issue you are even facing, speak up! Talk to a friend or business colleague that is an attorney, and ask his or her advice on the type of issue you are dealing with. You can also call the local bar association, or do some basic internet research to find out the area of law you are dealing with There are several sites that provide basic legal information for non-attorneys, such as Nola, FindLaw and at the Legal Zoom websites. This background research will arm you with enough terminology and basic knowledge to make the best match with an attorney whose legal practice covers the area of your business issue.

Finding an Attorney

So, now that you know the area of law, how do you find a good lawyer that practices in that area? The same way you find any other professional to assist you with your business. Referrals from friends, family and colleagues are a fantastic way to find a reputable attorney. You can also ask your local chamber of commerce, local law school, and local and state bar associations. Still can't find an attorney that is a great game? Try Martindale-Hubbell's Lawyer Locator online at http://www.martindale.com

Money Matters

If you've never worked with an attorney before, here are some basics of the legal profession with regard to money matters. Most attorneys charge by the hour, so ask what the hourly rate is, and an estimate of how many hours the matter may take. If the matter is small, but a typical one that the attorney handles often, there may be a flat fee for the entire transaction instead of an hourly rate. Be prepared to pay a fee for the initial consultation, which is standard, but not a hard and fast rule. In some cases, the attorney may require a retainer, which is money that provide you upfront that the attorney works off of as the matter progresses.

One thing to consider is that law firms are typically broken down into partners and associates. Partners are essentially co-owners of the firm, while associates are employees, albeit high level professional ones. Who demands the highest rates? Usually, the partners. Thus, ask yourself if you truly need a partner, or can an experienced associate handle the matter. Do you need the best litigator in the firm? Often times, the best litigator may be an associate that is still active in the courtroom, as opposed to a partner that may be more of a rainmaker bringing in business for the firm.

In some cases, for very small matters or legal research, even a law clerk or paralegal may do. Ask who is the best match, and don't assumes it is always the person whose last name is on the door.

Maximizing the Attorney-Client Relationship

I cannot emphasize enough the importance of accurate, concrete, and timely record keeping and documentation when preparing to work with an attorney, and during the relationship. An attorney will need to go on a fact-finding mission in order to best represent you and your business. Help your attorney do his or her job better by coming to the table with all of your ducks in a row. Be prompt in providing requested information, as often legal timelines are at play. Honesty is also vital when working with an attorney. The best attorney-client relationships are built on mutual trust and, thus, withholding information can make or break your box. An attorney needs all of the facts in order to make tough decisions with you about the best course of action for your business matter.




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