Attorney Fees & Costs

Can I afford an attorney?

Can I afford an attorney?

At Siegel Siegel & Wright, we are well-prepared to be your friendly guides through the legal system.  We see our role in representing you as bringing humanity to a sometimes inhumane process, as being sensitive listeners at a time when those around you may seem indifferent.  We want to be empathetic to your feelings and useful in solving your problems.  We want to help you though this difficult period with as much dignity and fairness as is possible.

In order for us to do our job, we form a business relationship with you – as client and attorney.  Naturally there are many questions you might well want answered before we begin that relationship.

Here are answers to some of the questions that experience tells us you are likely to have:

How will the fee be determined?

Your fees will be charged largely on a time and effort basis.  Some cases have a flat fee – a fixed rate regardless of how much time it takes to solve your problem. Other cases require a retainer fee which is held in a trust account from which we earn our money based on the actual time spent on your case. Each staff member and attorney has an hourly rate for their services, we will keep track of what we do on your case and how long it takes, and you will be billed accordingly.  Some cases present emergencies that require us to interrupt other work, or involve complicated financial circumstances or assets that present increased responsibility, or involve unusually complicated legal issues.  These might result in an adjustment to the fees.

Do you charge more for going to Court?

Only if it is a trial. Since trials and final hearings require additional skill and expertise we normally charge a higher rate for such services unless we have negotiated a fixed rate with you.

Can I pay you based on whether you beat my criminal case?

Absolutely not! Our incentive to win your case is not based on how much you pay us and we are prohibited from accepting contingency fees for criminal and family law cases by the Florida Bar.

Why will I be charged for the time of legal assistants?

Yes, but at a lower rate than attorneys.  Not all work associated with preparing a case requires a law degree.  Our legal assistants are very knowledgeable and experienced.  Using their talents is cost effective for you.

Will I be charged for telephone calls?

Yes, time is time.  Abraham Lincoln is quoted as having said, “A lawyer’s time is his stock in trade.”  If we are talking to you on the phone, we can’t be doing work for another client at the same time. Some phone calls which are short may not be billed, but it is only reasonable to believe that if you spend 25 minutes on the phone with your attorney, you should pay them for their time.

Will I be charged for an initial consultation?

Not necessarily.  There will be no charge if the purpose and subject of your initial consultation is simply to spend a few minutes with us learning about our level of experience and expertise, or our philosophy and methods of handling cases, and determining if you would like to hire us.  However, if the purpose of the consultation is to seek our legal advice about your situation and your facts, then you will be charged at our regular hourly rates for the time involved.

What is a “retainer fee” and how much is it?

A retainer fee is a deposit, or advance payment from you, which we will deposit into a separate trust account, against which we will charge our work in your case, and for which we will account to you monthly.  We may, in some cases, later ask for an additional retainer if the original sum deposited turns out to be inadequate.  We don’t have a standard set retainer rate.  The amount of the retainer fee that we will request differs from case to case depending upon things like the anticipated complexity of the case, the amount of financial responsibility involved, the client’s ability to pay, the amount of work that must be done at the outset, etc..

Keep in mind that we can’t undertake representation unless there is a creditable plan by which attorneys fees and costs can be paid.

Do you accept credit cards?

Yes, all major credit cards may be used both for retainers and monthly account payments.

Are there any other typical expenses for which I will be responsible?

You will be responsible for all reasonable expenses incurred in a case unless there is an agreement otherwise. These fees can include court reporter expenses, court fees, filing fees and similar expenses. We don’t make any money off these services but they are your responsibility.

Why will I be asked to sign a written retainer agreement?

Having retainer agreements in writing helps avoid later misunderstandings and creates a clear, legal working relationship between us.

What if I can’t pay all of my fees when they are billed?

We won’t necessarily be very happy, but generally we will be willing to work out an arrangement with you for payments over a reasonable period of time, while the case is pending.  We recognize that in some instances our clients do not have enough current income or immediately available assets to pay our fee promptly, as we and they might wish.

It is important, however, for you to work with us in such an event.  We can be patient for clients who are genuinely in a temporarily difficult position and are willing to make very regular monthly payments.  On the other hand, we are lawyers, not bankers, and do not want to carry our clients’ obligations long after their cases are over.

Do you have any last words of wisdom on this subject?

In summary, please keep in mind that we are operating a private business, not a publicly-funded legal aid clinic.  We regularly incur substantial payroll, rent, and other overhead expenses to be able to provide what we believe are the most caring family law services in the state for our clients.  We all depend upon our income to house, feed, cloth, and educate our families.  It follows that we must receive payment for the services that we perform.