Flat Fee: As Long As It Takes

This is one of a series of posts describing different fee arrangements offered by attorneys.

The flat fee is a method of billing used increasingly by lawyers in both small firms and big firms. It’s simple to understand for both sides- you pay this fee, and that’s it.

It’s a little more complicated to determine how exactly the fee is computed. Some firms will refer to this arrangement as “value billing,” in which the fee is determined by the amount of value that the lawyer can provide to you. Others will compute a flat fee by multiplying the number of hours they think it will take them to finish an issue and multiply by some hourly rate.
The good thing about flat fees is that they define a certain sum it will take to perform legal work. Just make sure that you specify exactly what kind of work you need done, so that you maximize the chances that you’re done with the finished product.

On The Clock: Payment Using Hourly Billing

This is one of a series of posts describing different fee arrangements offered by attorneys.

Hourly billing is the most common arrangement that you will encounter in your experience with lawyers. Lawyers will often quote you their hourly rate, just like you’ll see in a lot of other professions, specifically because it gives them an easy way to measure how much they have put into a case, and therefore how much they want to bill you.

Hourly billing is usually done in tenths or quarters of an hour. What this means is that the lawyers marks off the time they spend on your case, rounding up to the nearest 6 minutes (tenth) or 15 minutes (quarter). You can imagine if you have a lawyer billing in quarter-hour increments that any phone messages they leave will be very expensive! Every time the lawyer has to devote themselves anew to your case, you will be billed at least one of these increments.
The good thing about hourly billing is that you can control it if you are able to focus your lawyer’s attention on many things at once, rather than one thing at a time spread out over a period of days or weeks. You also get very good records as to what the lawyer has done and how long it takes. The bad thing is that everything the lawyer does, more times than not, will cost you money. Also, if you have a matter that requires a lot of the lawyer’s time, you may find yourself paying more than you would for other methods.

Retainers: Goes In Their Hand, Not Your Mouth

So no, not these.

This is one of a series of posts describing different fee arrangements offered by attorneys.

Just to clear up a bit of jargon, you might hear me or another attorney talk about a “retainer.” What on earth is a retainer?

A retainer is a fancy way of describing a “down payment.” Lawyers, especially those who are working on an hourly rate, want to have some guarantee that their bills are going to get paid. As a result, they might ask you for a certain amount of money up front, and bill against that money as they go along (paying themselves out of the retainer). You might end up seeing retainers in a variety of other fee situations as well, but this is the most common context.
Retainers may be negotiable, just like a variety of other things. The lawyer is using the retainer as insurance of sorts against not receiving money later on. If there is some way to ensure that you will pay, or that the lawyer will get their money from some other source, it may be possible to get them to reduce the amount they want as a retainer, making it easier for you to pay that lump sum up front and getting started with their representation.

Show Me The Money: How You Can Pay a Lawyer

This is the first in a series of posts describing different fee arrangements offered by attorneys.

Okay, so you know you need an attorney. You found one (or a bunch) you like and might hire. But how do you decide whether you’re paying too much? Do you have any idea what a contingency fee is, or whether it’d be better to pay an hourly rate? Can you offer a percentage stake in your business if you have one? What the heck is a retainer, if you’re not at an orthodontist?

The next series of posts will be a nice little series about the ways you might end up paying a lawyer. It’s not enough just to compete on “price,” because not all prices are created equal. Consider your optionsl carefully, and you may find you’re able to avoid paying too much.

Signing on the Dotted Line: Concluding the Series

This is the last post in a series about things you might want to do, now that you know you need a lawyer.

You already figured out that you need a lawyer. Now you’ve thought about what you want in a lawyer, where you need to look (both in terms of research and geography), and what the scope of the representation is going to be. Congratulations. You’re officially an educated consumer.

Now, go interview the lawyers. Talk to them. Figure out whom you’re comfortable with. Figure out whom you can afford. Figure out who you like. Then sign on the dotted line. Get things started, get it over with, and get on with your life.

Goal Setting: What do you want from your lawyer?

Note: this is another in a series of posts describing things you might want to do once you realize you need a lawyer. This series will wrap up tomorrow.

Make sure you know what it is you are looking for from your lawyer. If you go in asking for everything and anything, you will be surprised how many will: first, promise it to you, and second, charge you through the nose for it. Lawyers make their money, by and large, on volume of work done. If you minimize that volume so that they’re only doing for you what a lawyer must do, and not what you could do or you could find somebody cheaper to do for you, you will be very thankful when it comes time to pay the bill.

I've Been Everywhere, Man

Note: this is another in a series of posts describing some things you may want to think about while finding yourself a lawyer.

Lawyers are all over the place, so where should you look to find one? Just as a general matter, if you are hiring a criminal attorney, most of their offices are located in or around the same town as the local court. If you are looking for an attorney that will handle your million-dollar estate, you will probably be looking for a lawyer in an affluent suburb, and not in the inner city. In short, keep in mind what demographic you fall into when you are looking for a specific type of lawyer- it may help you narrow your search.

Also, if you have a special situation, you may find that you have to limit your search geographically out of necessity. If you can't drive, or your case is being litigated far away from you (like those annoying speeding tickets people sometimes get while driving out of state), you may not have a choice as to where you're looking. Don't be afraid to ask if you feel that you need a special accommodation, though- you'd be surprised how many lawyers might be willing to make a house call, or to have a consultation over the phone if you're 300 miles away.

You have the right to an attorney- but maybe not quickly

This is another in a series of posts trying to help with questions related to the process of getting an attorney, once you realize you need one.

You may be aware that there are plenty of attorneys out there who are willing and able to take on your case. You may also be aware that you need an attorney as soon as possible upon realizing that you need one. But how long should it really take?

As usual with these things, there is no set answer. The more research you can do on the attorneys you want to talk to, the quicker the process will go. The more research you do on the amount of money you'll likely have to pay and the scope of the representation you're asking for, the quicker it will go. However, just keep in mind that hiring a lawyer is a big decision, just like hiring any professional or doing anything that will have an impact on your future. Talk to multiple attorneys to get a sense of how they get along with you, and how responsive they will be to your calls or emails.

Choosing a Lawyer- Do you need a "bulldog" or a "seeing eye dog?"

Consider what you need in a lawyer. Some people say they need a bulldog lawyer, meaning that they want someone who will be aggressive and fight for them. Unfortunately, bulldogs (pit bulls, or whatever breed people use as an analogy) have a nasty habit of biting people with only the slightest provocation, or biting people they don't like (even the person holding the leash).
I would say that you might want to consider a "seeing eye dog" lawyer. It doesn't have quite the same ring to it, but think about it. A seeing eye dog is docile, doesn't get distracted by outside influences, and keeps its owner out of danger while doing its job in a straightforward manner.

Finding a lawyer, or Paralysis by Analysis

Note: this is the second in a series of posts addressing the question of how to find the right lawyer for you, once you have decided you need one.

The first question is probably both the easiest and the hardest one: Where do I find a lawyer? It's easy because there are lawyers everywhere. It's hard because there are lawyers everywhere. My hope is that I can help you avoid that "paralysis by analysis" that often sets in when you take stock of the sheer number of choices you really have. Here are a few sources where you will find a variety of lawyers who you might be able to contact:

1. Call your county's Bar Association. Typically, each county has a Lawyer Referral Service or similar resource. Lawyers sign up to be part of that service, and offer free or reduced-fee consultations in exchange for a steady stream of referrals.

2. Do your research. This is a recurring theme in this blog. When it comes to Internet searching specifically, Google is your friend. Type in your location, what kind of law you think you need, and see what you find. Also, try other sites which cater to lawyers specifically, such as avvo.com and lawyers.com. I specifically do not recommend looking in the Yellow Pages- those ads are expensive, and the lawyers tend to be expensive as well. Most lawyers do not want to incur that type of expense on advertising, and so you don't get a good selection of lawyers from those advertisements.

3. Talk to people. Friends, neighbors, anybody you feel comfortable talking to. Chances are that one or more of them have had legal issues at some point in the past, or they knew someone who has. They may be able to give you a name, or three.
Ultimately, lawyers get most of their business through personal referrals, and not through advertising. Your best chance to get a good lawyer is to find a referral from someone who was really happy with their prior lawyer. Just be prepared to talk to a lot of people, and if possible understand that the search might take some time.

Who Can You Get On The Case?: Finding The Right Lawyer

This is the first in another series of posts. This time, the topic is finding a lawyer. You've decided that you need a lawyer, for whatever reason. But there are so many lawyers! How do you find the right one for you?

Funny you should ask. The next few blog posts will focus on precisely that issue, and I hope to take you through some of the factors you should consider before picking a lawyer that will suit your needs, your expectations, and maybe even your pocketbook.

Topics to be addressed in this series are:

• Which resources can you use to find a lawyer?
• What kind of lawyer ("aggressive," "compassionate," or other marketing buzzwords) do you want?
• How quickly can you expect to find a lawyer?
• Where (i.e. geography) should you be looking for a lawyer?
• What is your goal in having a lawyer?

Postscript to "Pro Se" Segment: Do Your Research (Right!)

I know I'm very late to the party here, but I thought I'd add this as an example of what not to do when you're going pro se:

Wikipedia Too Malleable To Be Reliable Evidence

A New Jersey appellate case chastised a judge for allowing a collections agency to use Wikipedia as proof that they owned a debt they were trying to enforce. In case you aren't completely up to date on Wikipedia's model of creating content, anyone can edit pages at any time. Most of the time if you make an edit to a page and it's wrong or vandalism, it gets changed back because people watch the edits as they are updated. However, this does not stop anyone from editing a page, printing it out, and asserting that it's "the truth" because Wikipedia said so.

The moral of the story is that there are certain things which are reliable and admissible in Court. Wikipedia is not one of them. If you're in New Jersey and you want to check out New Jersey cases which might be of use to you, go to lawlibrary.rutgers.edu. Check out all of the resources there- lots of them. Cases are definitely reliable; with anything else, you're pushing your luck.

It's always, always better to hear it "from the horse's mouth." Things that judges say (in cases) are good. Things that witnesses say, live, in person, are good. Written documents are less good. Wikipedia? No good.

Added to Blogroll: Gavel Report

I want to introduce this site to my blogroll, written by a good friend of mine: Gavel Report.

What's so neat about this site is that it brings attention to new and breaking cases that will have an impact on the real practice of law. If you're a trial attorney or you practice in any areas that are related at all to the cases posted on here, you'll want to keep an eye on them because soon enough you'll be noting them in your briefs. The author of this blog has a great eye for emerging legal precedent.

Universal Truth of Self-Employment #2: The second sale is the only way you'll hang around.

Summed up quite nicely here by Seth Godin.

The first sale is the one that pays you and keeps your door open. So go ahead, exceed your first sale's wildest expectations. But while you're at it, do whatever it takes to find that client, expert, friend, relative, or anyone else who will send you the second sale. And every other one to come.

So, if you think you need a lawyer, do you?

Hopefully, if you have gone through my entire series on whether to go pro se, you agree with me that the answer is "not necessarily."

It's easy on the extremes. If it's a complex million-dollar suit, a bankruptcy, or a serious criminal charge, don't walk- run- to a lawyer. If it's your first parking ticket, or if you're being sued (or suing) for $500, it's time to touch up on your trial advocacy skills, courtesy of Law & Order. Okay, that last part is a joke.

Where it gets a little murky is in the middle somewhere. The key to the whole process is to take it the way I've laid it out here, rationally. Think it over. Make a list. Don't think about how you hate the other guy because they put you in this spot. If you can't channel all that energy in the first place, you're not going to do as well as you could.

Think it over, take your time, and try to make a reasoned decision. If you can't do it, err on the side of caution- call a lawyer. Heck, if you're in New Jersey or Pennsylvania, give ME a call.

Going Pro Se: If you hear "law enforcement" and think "We don't need no stinkin' badges!"...

there might be a problem.

If you deal with a situation on a daily basis, it should be much easier to learn about the law because you don't have to learn the substance of the case at the same time. For example, if you are a contractor and you are sued because of some work that you did, it is a lot easier to pursue the matter if the only thing at issue is whether the work was done correctly. You understand contracting a lot better than most people do, and so you will be in a better position to explain that portion of it. All you have to do is figure out the law and wade along as best you can.

On the other hand, if you're a computer technician and a landlord, and a tenant sues you for some injury they suffered at your property, you're probably not going to know enough about the property to give a good explanation of yourself when you have the added problem of figuring out what you might need to prove in court, what papers you might want to file, and how otherwise to handle the case.

It sounds simple enough, but it bears repeating: if you understand well the area that you're being sued (or suing) in, and you just need to brush up on the law, you might find that to be a lot easier than trying to learn everything at once. You risk becoming overwhelmed.

Likelihood of Success: "Even a monkey could do this!"

Or could it?

The key to evaluating the likelihood of the "benefit" side of our "cost-benefit analysis" is to make an informed decision. You need to be able to ask yourself questions about your case and somehow have enough information to make a guess as to your chance of winning, without feeling like you're guessing blindly. You may not be able to do that- if not, get ye to a lawyer.

Thinking practically, I'll continue to use the examples from the prior posts. If you have a $500 lawsuit, and you know very well that your adversary is full of it (and you have faith the Judge will agree), then where's your incentive to hire a lawyer? On the other hand, if there's $1,000,000 at stake, how sure do you want to be before you're willing to go it alone? More pressingly, could you ever be sure enough to gamble a large sum of money (or, in the example of a criminal case, your freedom) on the outcome? Probably not.

The Truth of Consequences: Why "How Could This Possibly Go Wrong?" Is a BAD Question

Note: this is another in a series of posts about factors you may want to consider before going pro se, or self-represented.

It occurs to me that of the factors I have presented for your consideration, most of them fall under "cost" rather than "benefit" for purposes of the "cost-benefit analysis." I will fix that.

In any case, before making the decision to go pro se, there is also the question of the things that might happen if you lose. Can you live with those consequences? This factor is closely related to my "costs" analysis I talked about before, but now we are talking more about what you may have to lose if you are on the receiving end of the legal system.

As I mentioned previously, it is an entirely different matter if you are on the other end of a $500 lawsuit, as opposed to a large tax lien, a lawsuit arising out of an auto accident, or even a criminal charge which could subject you to jail time. We pretty much talked about the civil context in a previous post, so let me move to the criminal context for just a moment.

Criminal charges almost always carry the possibility of jail time. Now, I'm not talking about parking tickets or speeding tickets. If you hear your name tossed in with a word like "misdemeanor," "felony," "indictment," or "disorderly persons offense," that's more along the lines of a criminal legal situation. In New Jersey, you may be entitled to counsel for most criminal offenses. If you are unable to afford counsel, counsel will be provided to you. However, please note that you do not get your choice of counsel if it has to be provided to you.

If you are facing a serious criminal offense and the potential exposure involves the real possibility of jail time, you need to seriously consider getting a lawyer for yourself. Public defenders are usually seasoned and knowledgeable defense attorneys, but they are hampered by a lack of resources and a huge caseload. If you are paying someone, chances are they will have a much lighter caseload than a PD.

Bottom line, once again: if you find yourself in a legal mess, don't move a muscle without considering the impact it might have on you for days, weeks, or years to come. Facing a large civil judgment on your assets will put a big damper on everything from your family vacations to your weekly paychecks. Facing a stretch of jail time? Goes without saying.

My Contact Information, and a forthcoming additional link

First, in case anyone viewing this website has a question and feels as though it would be easier not to talk about it in the comments, please feel free to contact me at my email address. I am posting it here in a non-linkable way so as not to overwhelm myself with spam (if you wonder why you have so much spam, be careful where you post your email address).



My name is Carl Archer. My email address is the first letter of my first name:



c



plus my last name:



archer



with the at sign:



@



and I use Gmail for my mail service:



gmail.com



If you put those together, you should be fine.

In addition, I will have another website available for further discussion on any issues brought up in this blog. The format makes more sense than trying to troll through the endless sea of comments (wait, I should have warned about the sarcasm). That is coming soon.

Going Pro Se: What are the costs?

Note: This is the second in a series of posts designed to help a person who is deciding whether to hire an attorney for a legal matter.

In my prior post, I cited an overview of factors that one should consider in making the decision whether to hire an attorney. Here I want to focus on cost. By cost, I mainly mean financial costs- we can get to consequences (which are "costs" of failure) in just a bit.

First, think about the value to you of getting this matter resolved. Do you know what the nature of your legal matter is? Is it simple or complicated? Does it involve going to court? Does it involve filing anything with the court? How much money is involved?

Next, think about the costs of hiring a lawyer. Do you know how much legal representation might cost? Do you know if you would have to pay it up front?

Finally, think about your willingness to handle the matter yourself if need be. Does the thought make your stomach turn, or is it actually interesting and challenging? Keep in mind that in New Jersey there are pro se kits available to help you pursue many matters yourself.

There are certain times when this decision isn't going to be so hard. For example, filing a $500 lawsuit in small claims court probably isn't a job for an attorney, and unless you're a lawyer you wouldn't want to handle a $1,000,000 civil rights suit by yourself, especially when a lawyer might be willing to take the case on a contingency basis (in other words, the lawyer gets paid when you get paid). Where it gets complicated is on the edges there somewhere between my two extreme examples. The only way for you to know for sure is to think about it, plan, and ask yourself what you're willing to do yourself. Law, as in many other industries, is cheaper when you DIY, but it can also leave you prone to confusion and errors.

It's More Important Than You Think: When to go Pro Se

Note: This post is the first of a series which aims to discuss the plight of a person who is considering self-representation in the legal system.

Going "pro se," (also known as "pro per" in some states) or representing yourself in a legal proceeding, can be one of the more intimidating things that you'll ever do. Even though you are not an attorney, you may be held to a similar standard as those attorneys who eat, sleep, and breathe the type of law you're experiencing for the first time. There are judges that don't care that you're only dipping your toes in the water; if you're not doing it right, you will be all wet.
Most legal research online is designed for the person who is at least considering going pro se. Attorneys like me will post articles on the web purporting to explain certain issues, and at the end recommend that you see a lawyer. Most of the time, they're right. Ultimately, however, the judgment call is up to you. When should you chance it? When should you find yourself an attorney and accept the cost of doing business?

There are, as always, several factors to consider- but it all comes down to what you'll hear called in other contexts a "cost-benefit analysis." Oftentimes, a strategy as simple as writing down a list of pros and cons will allow you to make a more informed decision. Here are a few questions you might want to ask yourself. I will be trying to sketch out a few pointers on each question in subsequent posts.

• Costs- What is the cost to you in hiring an attorney?
• Consequences- What are the consequences to you of going it alone? What risks do you face if you make a mistake, or if you lose?
• Likelihood of Success- What are the chances that you can succeed in your claim?
• Context- What kind of subject matter are you dealing with? Do you have any knowledge in that subject matter?
  

Some possible responses to these and other questions coming soon.

"Handwritten" Fonts

I just wanted to link to this website, which is offering 10 free "handwritten" fonts. They look fantastic, and they could very easily be used on letterhead or a website to add a unique presentation to your product.

http://www.myinkblog.com/2009/05/21/10-awesome-free-handwritten-fonts/

If you have a moment, check out the rest of this website. There are a bunch of wonderful resources on graphic design here.

Questions About Customer Service: How "Reachable" Should Your Lawyer Be?

The most successful lawyers, believe it or not, normally know a lot about good customer service. And yet even they disagree on a panoply of subjects. One of these being: how "reachable" do you need to be to your clients/colleagues? On one hand, obviously, clients want to know they can reach their lawyers; on the other, the lawyer wants to preserve the illusion that there is some kind of life outside the office. The question can take many forms:

1. Do you give your clients your cell phone number? Your home number? Your email?
2. Do you have an established timetable for returning phone calls and other contacts? Does that extend to weekends? Holidays? Vacations?
3. Do you meet with clients during evenings? Weekends? On short/no notice?
4. How hard is it for a person to walk into your office building and find you? Do they have to navigate a receptionist? And a secretary? And a paralegal?

What kind of impression do you want to give to your clients? Or your family?

Universal Truth of Self-Employment #1: Never Attach a Dollar Sign to Your Principles

Maybe this will develop into a series. Even if it doesn't, though, if you follow this one carefully, I think you can derive everything else from it.

Universal Truth of Self-Employment #1: Never Attach a Dollar Sign to Your Principles.

Regularly reassess the decisions that you have made. If they have the potential to put you in a bad situation down the line, change them. Don't tell yourself that "you can't." The consequences later will be worse than anything you might face now if you change your mind.

The thing about this Truth is that nobody (well, almost nobody) gets into business with the idea that they will put the almighty dollar before their principles or their personal life (or their weekends, etc. You get the idea.). However, the concessions we make to our work lives are small, gradual, and eventually feel like a bag full of rocks on our back. Eventually, the collective weight of our decisions leads us to make "compromises" that we would never have made in a vacuum, even if we can justify them as being "just this one time only" or something that "nobody else'll ever know."

Especially when you're just starting out, it may be that literally all you have is your word and your principles. Anybody who has ever started a business on a shoestring knows what I mean. The idea is that you should be able to build from there.