Consultation and Fees

1. Consultation & Fees

One the most valuable services I offer is the initial consultation. This usually lasts between one and two hours. During the consultation I will review all of the documents that you have brought with you that relate to your case and discuss the reasons you are seeking the assistance of an attorney. I will attempt not only to answer the questions you may have and analyze your case, but also to give you answers to questions that may arise for you in the future.

2. My Rates

Once I begin my representation, I charge hourly rates that vary depending upon the type of matter that you have. Currently, my standard hourly rates for a civil matter start at $675 per hour. In criminal cases I charge $700 per hour. For international criminal matters, I charge $725 per hour. These rates are similar to those charged by my peers in the legal profession with many years of experience. See, www.laffeymatrix.com.

While I do not generally estimate fees, I know from experience that it usually takes between 10 to 20 hours to develop an estate plan and prepare all the documents, for example. That includes the time it takes to consult with you, learn about your assets that will need to be distributed and your thoughts about their distribution, and prepare the papers. After that, we must have a "signing ceremony" during which you sign all the documents in front of witnesses and usually a notary as well. That takes several hours. In preparing estate plans, I use a computer program that was developed to assist lawyers to determine quickly the tax effects of a plan. This allows me to prepare documents such as wills in a very efficient and timely manner in comparison to doing it the old-fashioned way.

My hourly rates reflect my more than 35 years of experience as a lawyer. Your decision to hire me may well be more cost effective for you than hiring an attorney with less experience or a larger law firm that will assign multiple lawyers to your case who must meet and confer periodically to keep up to date on the status of your matter and charge time for those meetings.

3. An Informed Assessment of Your Case

Because no two cases are alike, no two fees will be the same. I have found that it is not a good idea to try to predict the cost of a particularcase since so much depends upon matters not under my control such as the tactics of the opposition in a litigation or the new developments that come up during most cases. What may start out as one matter may spawn other legal issues and cases that need to be addressed. While the amount of time involved can never be predicted with scientific precision, I may, after an initial consultation, try to approximate how long the case could take and to "guesstimate" how much it might ultimately cost. However, I have learned from experience not to rely on my initial predictions of how much a matter will cost because, when I have applied the "retrospectoscope" to some cases I have worked on, the fees involved ended up being many multiples of my original "guesstimate." I will, however, try to help you anticipate generally the costs that may be involved. In some cases, I may require sufficient security to assure payment as the cost of litigation may reach $100,000 or more.

4. Billing Against Retainer

At the outset of a representation of a new client, I ordinarily require an initial retainer and a signed fee agreement. The initial retainer depends on the case, but usually ranges from $5,000 to $20,000. I then bill my time against that retainer, and, if and when the retainer is close to being depleted, I may require an additional retainer to cover anticipated work for a reasonable period of time. The initial retainer, however, is never a"flat fee" or guaranteed minimum amount you will pay for legal services. You only pay for the work that I perform. If the retainer is larger than what is required for me to complete your case, you will get a refund. Of course, when appropriate , I will seek to have the other party reimburse you for your attorney's fees, but that does not usually happen and, when it does, may not fully cover the cost of my fees.

5. Probate matters

I handle probate matters on an hourly rate basis or, based upon the schedule of fees approved in Florida, on the basis of a percentage of the gross value of the estate which may be up to 3% of the value of the estate before expenses are deducted.

6. Contingent Fee Cases

Some cases are more appropriately handled on a contingent fee basis. What this means is that the payment for legal services comes at the end of the case as a percentage of the recovery or damages awarded after trial, arbitration, or settlement. I ordinarily do not accept contingent fee cases except in medical malpractice cases, qui tam (False Claims Act) cases, or in extraordinary circumstances. In any case, I will not accept a contingent fee case unless, based upon my initial assessment, I believe there is a substantial chance that my client will prevail and will recover a large amount. I will also expect the client to bear most if not all of the costs of the ongoing litigation expenses in a contingent fee case that I accept such as the costs of expert witness fees, court reporters, and so forth.

I do not handle any employment law matters on a contingent fee basis anymore - I did my first employment discrimination case on a contingent fee basis and it took me seven years to get paid. I simply cannot afford to do that again! However, I do reserve a portion of my time to devote to cases that I take on simply because they make me angry at what has been done to my client and every once in awhile I will take one of those on a contingent fee basis. However, do not call me for an employment law matter without expecting to pay me my usual hourly rates.

To arrange a Consultation:

If you would like to meet with me for an initial consultation to discuss your case either at my office in Washington, DC or in New York or Vero Beach, Florida, please call me at 202-835-2200 (DC), or 202-255-1680 (my cell) or 772-492-1223 (Florida) or 212-332-8915 (New York). Please leave a message if I do not answer or if I am on the other line and I will return your call. If you would like to contact me via the internet. I look forward to hearing from you!