How is an attorney's fee set and how is it paid?
The fee for a legal service provided by an attorney is determined by agreement between the attorney and the client, and is affected by the nature of the legal work done.
Personal injury cases are handled on a contingency fee basis. That is, the amount of attorney's fee is determined by a percentage of the overall settlement or jury award. The attorney does not receive any fee at all unless the client is successful in obtaining a money award.
Criminal cases are handled on a flat fee basis. Prior to work beginning on the representation of a client in defense of a criminal case, a total fee is agreed upon and will be paid according to the agreement regardless of the amount of time it takes to conclude the matter to the client's satisfaction.
Domestic cases are billed on an hourly fee basis. A retainer, or down payment, is paid against which the time spent on a case is billed at an agreed upon hourly rate. If the legal work contracted for is not completed when the retainer has been exhausted, the retainer must be replenished before additional services are rendered.
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