Legal Fees and Representation Agreements
| Publication year | 1986 |
| Pages | 50 |
| Citation | Vol. 15 No. 1 Pg. 50 |
1986, January, Pg. 50. Legal Fees and Representation Agreements
A continuing problem for lawyers is the matter of reaching an agreement with a prospective client about the costs of representation. New lawyers may have more difficulty with this than more established lawyers, but many seem to feel uncomfortable in discussing the matter of their compensation for services delivered.
This column discusses the need for a written fee agreement with the client. The following two scenarios illustrate the differences in lawyer and client perceptions, which often occur when fees are not discussed beforehand.
The client rises from the chair, extending his hand to the lawyer. He feels uncomfortable because the issue of fees has not been discussed. He considers the matter, but decides not to ask about it. It is clear that the problem presented to the lawyer is so unique and challenging to the legal profession that normal compensation will be waived or significantly reduced. He looks forward to the resolution of the problem, without worrying about a substantial bill.
The client rises from the chair, extending his hand to the lawyer. The lawyer accepts the handshake, pleased that another client has been added to the inventory of clients. The attorney is pleased that the client has chosen him and his firm because of the uniqueness of the matter. It will be a challenging opportunity to demonstrate his prowess with legal matters. It is unfortunate that the opportunity did not present itself for a discussion of the fees involved, but it must be clear to the client that the resolution of this unique and challenging problem will entail a fair, but substantial fee.
Both scenarios are the same---only the perception is different. The lawyer will throw all of the firm's resources into the resolution of the client's legal problem. The firm will deliver an excellent product and bill an appropriate and fair fee for those services. The client will be pleased with the services, until the bill arrives. At that point, he will be outraged and indignant about the lawyer's charges. In any event, the pleasant relationship between the lawyer and the client will end.
The legal profession is in danger of pricing...
To continue reading
Request your trial