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My Billing:
Cases are billed in one of two ways: (1) on a contingent fee basis, or (2) on an hourly basis.
Personal injury cases are usually billed on a contingent fee basis. I charge a certain percentage of the total settlement or judgment. The percentage is calculated before expenses are deducted from the recovery. Client pays for court costs and expenses (i.e. filing fee, court reporter fees etc.) The client is ultimately responsible for all of the expenses, including court costs. The balance of the recovery after attorneys fees and expenses (including court costs) goes to the client. I charge 33-1/3% if we settle before the lawsuit is filed and 40% if we recover after the lawsuit is filed. Personal injury cases can also be billed on an hourly basis, if the client prefers.
The other billing system I employ is an hourly fee. Under that system I charge for time expended plus costs. I normally send out billing on a monthly basis. My charge for typical business or civil work is $375.00 per hour. I charge paralegal work at $175.00 per hour. If your case is in need of immediate and extensive attention, my charge will probably be higher. I usually require a retainer fee based on the nature of the case. My billing statements will show a description of the work done, the date the work was done, and the hourly rate. Some attorneys simply send clients the total hours spent without any detail about what the attorney did to generate their billable hours. I believe in spelling out what I did on each date to generate my fee.
Some attorneys have a low hourly rate but charge a minimum fee for certain types of work. For example, they may charge a one-hour minimum for a court appearance regardless of how long that appearance actually takes. I do not employ that system. I charge for actual time expended. The bill is in units of time roughly equivalent to tenths of an hour. Thus, if something takes half an hour, I bill .50 units. Some attorneys have one-fourth hour as their minimum billing unit. This means that whether something takes from one minute or fifteen minutes, the client is charged for .25 units.
Thus, although $375.00 per hour is not inexpensive, it can be less expensive than paying $150.00 per hour for an attorney with a minimum fee schedule and a .25 minimum billing unit.
In both contingent fee and hourly cases, the client is ultimately responsible for fees and costs. I bill clients for expenses on a monthly basis except for large items, which are billed in advance as the expense arises. My contracts give examples of what expenses are. As of the date of this writing, that list includes: court costs, deposition costs, copying and duplication costs, filing fees, travel expenses, long distance telephone expenses, postage, messenger or delivery charges, facsimile charges, investigator's fees, photography expenses, computer research fees, consultant's fees, expert witness fees, and any other disbursements paid or incurred by me. Not every expense is incurred in every case, but the list covers most expenses commonly encountered.
I have attempted to clarify billing and fees in order to prevent any misunderstandings. Lawsuits can be expensive. Fees and expenses vary depending on the type of matter, and the time expended to prepare your case. The cheapest attorney is not necessarily the "best attorney" nor is the "best attorney" the most expensive. If an attorney is unwilling to fully explain the steps required in handing your case, along with providing you with billing details then perhaps you should consider consulting with another attorney.
My solid promise is to present skilled, professional, efficient and rock-solid legal representation.
Bettina L. Yanez, Esq.
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