I May Need a Lawyer and I Need to Know....

<body topmargin=0 leftmargin=0 marginheight=0 marginwidth=0> <table cellpadding=0 cellspacing=0 border=0 height="100%"><tr> <td valign="top" rowspan="2" width=185 BGCOLOR="#003333" TEXT="#F7F7FF" bgproperties="fixed" background="177d4c00dduajq.jpg"> <bR> <bR> <bR> <div> <IMG BORDER="0" SRC="1x1.gif" HEIGHT="17" ALIGN="BOTTOM" HSPACE="0" VSPACE="0" WIDTH="9"><B>       </B><IMG BORDER="0" SRC="1x1.gif" HEIGHT="17" ALIGN="BOTTOM" HSPACE="0" VSPACE="0" WIDTH="17"><B>   </B><IMG BORDER="0" SRC="1x1.gif" HEIGHT="17" ALIGN="BOTTOM" HSPACE="0" VSPACE="0" WIDTH="17"><B>       </B><A HREF="id32.htm" TARGET="_top" TITLE="Our Commitment to Our Clients"><B><IMG SRC="01409110.png" border=0 width="9" height="17" ALT="next" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></B></A></div> <div> <A HREF="id31_m.htm#why_might_i_need_a_lawyer__" TARGET="TRLX_Middle" TITLE="I May Need a Lawyer and I Need to Know.."><B>Do I need a Lawyer?</B></A></div> <div> <A HREF="id31_m.htm#what_is_a_lawyer_" TARGET="TRLX_Middle" TITLE="I May Need a Lawyer and I Need to Know.."><B><IMG BORDER="0" SRC="Symb075c00b700c899ccff00.png" HEIGHT="13" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">What is a Lawyer?</B></A></div> <div> <A HREF="id31_m.htm#area_of_practice" TARGET="TRLX_Middle" TITLE="I May Need a Lawyer and I Need to Know.."><B><IMG BORDER="0" SRC="Symb075c00b700c899ccff00.png" HEIGHT="13" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">In what areas of Law do Lawyers Practice?</B></A></div> <div> <A HREF="id31_m.htm#what_is_a_paralegal_" TARGET="TRLX_Middle" TITLE="I May Need a Lawyer and I Need to Know.."><B><IMG BORDER="0" SRC="Symb075c00b700c899ccff00.png" HEIGHT="13" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">What is a Paralegal?</B></A></div> <div> <A HREF="id31_m.htm#is_there_a_problem_with_paralegals" TARGET="TRLX_Middle" TITLE="I May Need a Lawyer and I Need to Know.."><B><IMG BORDER="0" SRC="Symb075c00b700c899ccff00.png" HEIGHT="13" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">Is There a Problem in using a "Paralegal"?</B></A></div> <div> <A HREF="id31_m.htm#how_do_i_find_a_lawyer__" TARGET="TRLX_Middle" TITLE="I May Need a Lawyer and I Need to Know.."><B>How do I find a Lawyer?</B></A></div> <div> <A HREF="id31_m.htm#how_will_i_know_which_lawyer_is_best" TARGET="TRLX_Middle" TITLE="I May Need a Lawyer and I Need to Know.."><B>How do I choose a Lawyer who "fits me"?</B></A></div> <div> <A HREF="id31_m.htm#how_does_a_lawyer_decide_what_to" TARGET="TRLX_Middle" TITLE="I May Need a Lawyer and I Need to Know.."><B>How do Lawyers Decide What to Charge for Their Services?</B></A></div> <div> <A HREF="id31_m.htm#do_all_lawyers_charge_the_same_kind_of" TARGET="TRLX_Middle" TITLE="I May Need a Lawyer and I Need to Know.."><B>Do All Lawyers Charge the Same Fees?</B></A></div> <div> <B>How are Lawyer's Paid?</B></div> <div> <A HREF="id31_m.htm#fixed_fee__" TARGET="TRLX_Middle" TITLE="I May Need a Lawyer and I Need to Know.."><B><IMG BORDER="0" SRC="Symb075c00b700c899ccff00.png" HEIGHT="13" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">The Flat Fee</B></A></div> <div> <A HREF="id31_m.htm#contingency_fee__" TARGET="TRLX_Middle" TITLE="I May Need a Lawyer and I Need to Know.."><B><IMG BORDER="0" SRC="Symb075c00b700c899ccff00.png" HEIGHT="13" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">The Contingent Fee</B></A></div> <div> <A HREF="id31_m.htm#hourly_fee__" TARGET="TRLX_Middle" TITLE="I May Need a Lawyer and I Need to Know.."><B><IMG BORDER="0" SRC="Symb075c00b700c899ccff00.png" HEIGHT="13" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">The Hourly Fee</B></A></div> <div> <A HREF="id31_m.htm#retainer_fee__" TARGET="TRLX_Middle" TITLE="I May Need a Lawyer and I Need to Know.."><B><IMG BORDER="0" SRC="Symb075c00b700c899ccff00.png" HEIGHT="13" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">What is a 'Retainer'</B></A></div> <div> <A HREF="id31_m.htm#statutory_fee__" TARGET="TRLX_Middle" TITLE="I May Need a Lawyer and I Need to Know.."><B><IMG BORDER="0" SRC="Symb075c00b700c899ccff00.png" HEIGHT="13" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">Statutory Fees</B></A></div> <div> <A HREF="id31_m.htm#when_is_my_lawyer_s_bill_due__" TARGET="TRLX_Middle" TITLE="I May Need a Lawyer and I Need to Know.."><B>When Do I Have to Pay?</B></A></div> <div> <A HREF="id32.htm" TARGET="_top" TITLE="Our Commitment to Our Clients"><B>Declaration of Our Commitment to Our Clients</B></A></div> <bR> <div> <A HREF="index.htm" TARGET="_top" TITLE="Law Offices of Mathews Bergen Grier"><B>Home</B></A></div> <bR> <div> <A HREF="mailto:mbglaw@cts.com" TARGET="_top" TITLE="mailto:mbglaw@cts.com"><B><IMG SRC="01573ce0.jpg" border=0 width="115" height="206" ALT="E-mail MATHEWS BERGEN & GRIER" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></B></A></div> </td> <td valign="top" colspan=2 height=75 BGCOLOR="#FFFBF0" TEXT="#080000"> <div> <I>I May Need a Lawyer and I Need to Know....</I></div> <div> </div> </td> </tr><tr> <td valign="top" height=405 width="100%" colspan=2 BGCOLOR="#EEEEEE" TEXT="#080000"> <div> <B> <A NAME="why_might_i_need_a_lawyer__"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A></B><B>Why might I need a lawyer? </B></div> <bR> <div> Basically, legal advice is like medicine: You  take some to cure problems and some to prevent them.</div> <bR> <div> You need legal advice to cure problems if you are accused of committing a crime, if you are being sued or if you want to sue someone. A lawyer also can help you if you want to get a divorce, if you need to file bankruptcy and for many other issues. </div> <bR> <div> Sometimes, you can add to your problems by failing to call a lawyer immediately. Perhaps you are arrested or involved in an auto accident. In these and other cases, witnesses should be interviewed and evidence gathered as soon as possible. So, you should get in touch with a lawyer right away. </div> <bR> <div> Preventive legal advice often can save you time, trouble and money by stopping a problem from getting started. It also can prevent small problems from becoming large ones. Suppose you are about to sign an agreement to buy a house, car or major appliance. If you are not completely sure what the agreement says you must and must not do, you should find out before you sign. Maybe you are going to start a business with a partner; a lawyer can point out the advantages and disadvantages of various partnership arrangements. </div> <bR> <div> These are just a few of the many occasions when lawyers can help you understand your rights and avoid pitfalls. </div> <bR> <div> <B> <A NAME="what_is_a_lawyer_"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A></B><B>What is a lawyer?</B></div> <div> <B>(Attorney or Attorney-at-law)</B></div> <bR> <div> According to <I><B>Bouvier's Legal Dictionary</B></I>, a work published in the 1850's, the definition is:</div> <bR> <div> <I>Attorney at law. An officer in a court of justice, who is employed by a party in a cause to manage the same for him. Appearance by an attorney has been allowed in England, from the time of the earliest records of the courts of that country. They are mentioned in Glanville, Bracton, Fleta, and Britton; and a case turning upon the party's right to appear by attorney, is reported. In France such appearances were first allowed by letters patent of Philip le Bel, A. D. 1290. It results from the nature of their functions, and of their duties, as well to the court as to the client, that no one can, even by consent, be the attorney of both the litigating parties, in the same controversy.</I></div> <bR> <div> <I>In some courts, as in the Supreme Court of the United States, advocates are divided into counsellors (sic.) at law and attorneys. The business of attorneys is to carry on the practical and formal parts of the suit. In general, the agreement of an attorney at law, within the scope of his employment, binds his client as to amend the record, to refer a cause, not to sue out a writ of error, to strike off a non pros, to waive a judgment by default, and this is but just and reasonable. But the act must be within the scope of their authority. They cannot, for example, without special authority, purchase lands for the client at sheriff's sale.</I></div> <bR> <div> <I>The name of attorney is given to those officers who practice in courts of common law; solicitors, in courts of equity and proctors, in courts of admiralty, and in the English ecclesiastical courts.</I></div> <bR> <div> A "Lawyer" is a person who, because of specialized training (generally, a "Doctor of Laws" or JD degree), who after qualification (testing and background evaluation, per state law) has been licensed to 'practice law' in a particular state. A license in one state <U>is not</U> a license in all states; indeed, most states require a prospective lawyer to pass that state's own bar exam and rigorous background examination, no matter how long (or in how many other jurisdictions) the lawyer has practiced. One must then be admitted to the "Bar" and to the court before which the lawyer or attorney is to appear.  Thus, in California, the lawyer is licensed by the State Bar of California, and is "admitted" to practice before the Supreme Court and all lesser courts in California.  Generally, the lawyer (attorney) then also seeks admission (which is only a formality, after admission to the state court system) to practice before the Federal Courts located in California.</div> <bR> <div> Each state in the United States (and all of the other countries around the world) has slightly different definitions of the term "lawyer". Common usage differs, too. In general, a lawyer is synonymous with 'attorney', 'attorney-at-law', or similar designation. In the <I>modern </I>United States, there is no real legal difference between a 'trial attorney or lawyer' and other types of lawyers.  Rather, lawyers (in a manner similar to doctors) tend to specialize or not. Thus, a lawyer's practice may be a 'general' practice or a more specialized one. General practice firms may have different lawyers within the firm practicing in different specialty areas.</div> <bR> <div> <FONT SIZE="4" COLOR="#000000" FACE="Arial" >The following is a general list of the areas of practice for California lawyers .  The first list are areas which California recognizes for specialty certification [</FONT>A <B>"certified specialist"</B> is  an attorney who specializes in a particular area of law. California attorneys who are certified by the State Bar as specialists must have taken and passed a written examination in their specialty field, demonstrated a high level of experience in the specialty field, fulfilled ongoing education requirements, and been favorably evaluated by other attorneys and judges familiar with their work.  Only a few areas of specialty have <B>"</B>certified specialists<B>"</B>.]<FONT SIZE="4" COLOR="#000000" FACE="Arial" >:</FONT></div> <bR> <div> Areas of Recognized Specialty (by the California State Bar Association):</div> <div>  <A NAME="area_of_practice"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A></div> <div> Appellate</div> <div> Criminal</div> <div> Estate Planning, Trust and Probate</div> <div> Family</div> <div> Immigration and Nationality</div> <div> Personal and Small Business Bankruptcy</div> <div> Taxation</div> <div> Workers' Compensation</div> <bR> <div> Other Frequent  Areas of Practice:</div> <bR> <div> Alternative Dispute Resolution</div> <div> Business Litigation</div> <div> Civil Litigation</div> <div> Commercial Law</div> <div> Commercial Litigation</div> <div> Construction Law</div> <div> Construction Litigation</div> <div> Corporate and Business Law</div> <div> Discrimination and Civil Rights</div> <div> Drunk Driving</div> <div> Elder Law</div> <div> Environmental Law</div> <div> Insurance Law</div> <div> International Law</div> <div> Legal Malpractice</div> <div> Medical Malpractice</div> <div> Patent and Trademark</div> <div> Personal Injury and Property Damage</div> <div> Product Liability Litigation</div> <div> Public Law</div> <bR> <div> <B> <A NAME="what_is_a_paralegal_"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A></B><B>What is a Paralegal?</B></div> <bR> <div> Here is the <I><B>newly enacted</B></I> California definition for a "paralegal":</div> <bR> <div> <I><B>Business and Professions Code Section </B></I>6450. (a) "Paralegal" means a person who either contracts with or is employed by an attorney, law firm, corporation, governmental agency, or other entity and who performs substantial legal work under the direction and supervision of an active member of the State Bar of California, as defined in Section 6060, or an attorney practicing law in the federal courts of this state, that has been specifically delegated by the attorney to him or her. Tasks performed by a paralegal include, but are not limited to, case planning, development, and management; legal research; interviewing clients; fact gathering and retrieving information; drafting and analyzing legal documents; collecting, compiling, and utilizing technical information to make an independent decision and recommendation to the supervising attorney; and representing clients before a state or federal administrative agency if that representation is permitted by statute, court rule, or administrative rule or regulation. (b) Notwithstanding subdivision (a), a paralegal shall not do any of the following: (1) Provide legal advice. (2) Represent a client in court. (3) Select, explain, draft, or recommend the use of any legal document to or for any person other than the attorney who directs and supervises the paralegal. (4) Act as a runner or capper, as defined in Sections 6151 and 6152. (5) Engage in conduct that constitutes the unlawful practice of law. (6) Contract with, or be employed by, a natural person other than an attorney to perform paralegal services. (7) In connection with providing paralegal services, induce a person to make an investment, purchase a financial product or service, or enter a transaction from which income or profit, or both, purportedly may be derived. (8) Establish the fees to charge a client for the services the paralegal performs, which shall be established by the attorney who supervises the paralegal's work. This paragraph does not apply to fees charged by a paralegal in a contract to provide paralegal services to an attorney, law firm, corporation, governmental agency, or other entity as provided in subdivision (a). (c) A paralegal shall possess at least one of the following: (1) A certificate of completion of a paralegal program approved by the American Bar Association. (2) A certificate of completion of a paralegal program at, or a degree from, a post-secondary institution that requires the successful completion of a minimum of 24 semester, or equivalent, units in law-related courses and that has been accredited by a national or regional accrediting organization or approved by the Bureau for Private Postsecondary and Vocational Education. (3) A baccalaureate degree or an advanced degree in any subject, a minimum of one year of law-related experience under the supervision of an attorney who has been an active member of the State Bar of California for at least the preceding three years or who has practiced in the federal courts of this state for at least the preceding three years, and a written declaration from this attorney stating that the person is qualified to perform paralegal tasks. (4) A high school diploma or general equivalency diploma, a minimum of three years of law-related experience under the supervision of an attorney who has been an active member of the State Bar of California for at least the preceding three years or who has practiced in the federal courts of this state for at least the preceding three years, and a written declaration from this attorney stating that the person is qualified to perform paralegal tasks. This experience and training shall be completed no later than December 31, 2003. (d) All paralegals shall be required to certify completion every three years of four hours of mandatory continuing legal education in legal ethics. All continuing legal education courses shall meet the requirements of Section 6070. Every two years, all paralegals shall be required to certify completion of four hours of mandatory continuing education in either general law or in a specialized area of law. Certification of these continuing education requirements shall be made with the paralegal's supervising attorney. The paralegal shall be responsible for keeping a record of the paralegal' s certifications. (e) A paralegal does not include a non-lawyer who provides legal services directly to members of the public or a legal document assistant or unlawful detainer assistant as defined in Section 6400. (f) If a legal document assistant, as defined in subdivision (c) of Section 6400, has registered, on or before January 1, 2001, as required by law, a business name that includes the word "paralegal," that person may continue to use that business name until he or she is required to renew registration. </div> <bR> <div> <B> <A NAME="is_there_a_problem_with_paralegals"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A></B><B>Is there a problem with using "paralegals"</B></div> <bR> <div> Yes......and, No.</div> <bR> <div> If  the paralegals with whom you work are under the direct supervision of an attorney, then, <I>probably</I> <B>NO</B>. Indeed, you probably will receive the significant financial benefit of the fact that paralegal fees frequently are 50% (or more) <B>less</B> than the supervising attorney's own fees, so the work costs less by has the same high quality. But, if you try to use the services of an "independent paralegal" (and, historically, there have been many, many such services), you will find them virtually unregulated, with inconsistent delivery of services, uneven quality, no professional liability, i.e., malpractice, insurance and no effective governing or regulatory agency with which to file complaints or to seek redress.  So, if the 'paralegal' has his or her own office or storefront, not with a lawyer, then the old Latin phrase, which, translated, means "let the buyer beware", applies to the selection and use of a paralegal service provider who is not in the direct employ or day-to-day supervision of an attorney responsible for the delivery of his or her services,</div> <bR> <div> <B> <A NAME="how_do_i_find_a_lawyer__"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A></B><B>How do I find a lawyer? </B></div> <bR> <div> California has more than 108,000 practicing lawyers. So, you should not have trouble finding the right one -- once you know where to look: </div> <bR> <div> <I>Recommendations</I>. We have found that "word-of-mouth" recommendations are frequently the best source for information on lawyers. Maybe you know a lawyer in a town where you used to live. Perhaps a lawyer who works for a corporation lives across the street. These lawyers can refer you to other lawyers who have experience with your kind of problem. You also can ask your family, friends, coworkers and employers if they know any lawyers. Business people or professionals such as bankers, ministers, doctors, social workers and teachers may be able to give you a lawyer's name.</div> <bR> <div> <I>Certified lawyer referral services</I>. Look in the Yellow Pages of your telephone directory for a State Bar-certified lawyer referral service. Or contact your local bar association for a list of State Bar-certified lawyer referral services in your area. You also can check the listings under "Attorney Referral Services," "Attorneys" or "Lawyers." The person who answers your call can put you in touch with a lawyer. You may pay a small fee for the referral and may talk with the lawyer for the first half-hour without an additional charge.  (In San Diego County, there is no fee for a ½ hour consultation.)  Then, if you decide to hire the lawyer, make sure you understand what you will be paying for, how much it will cost and when you will be expected to pay your bill. </div> <bR> <div> Most lawyer referral services are open to everyone, but a few specialize in certain problems or certain groups such as artists or people who speak Spanish or even other languages.  We participate in the San Diego County Bar Association Lawyer Referral Service.   This is a link (for phone numbers and referral information): <A HREF="http://www.sdcba.org/LRIS/" TARGET="_top" TITLE="http://www.sdcba.org/LRIS/"><IMG SRC="1cabf1c0.jpg" border=0 width="191" height="28" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></A></div> <bR> <div> <I>Advertisements</I>. You also can check the Yellow Pages and newspaper advertisements for a specific lawyer who may be able to help. </div> <bR> <div> <I>Public interest groups</I>. Nonprofit public interest organizations, such as groups concerned with civil liberties and housing discrimination, may be able to help you. Some of these groups have staff lawyers who can handle your case. Others provide legal help only to a group of people rather than to individuals. For example, they might help you and your neighbors convince your city council to install a traffic light at a busy intersection. Still other public interest organizations will refer you to a lawyer who may be able to help. </div> <bR> <div> <I>Free legal service agencies</I>. What if you cannot afford a lawyer? Depending on your income and the kind of legal problem you have, you may be able to get free help in non-criminal cases from a legal services program such as a legal aid society. Check the white pages of your telephone book to see if one of these organizations is located in your county. You also can contact a State Bar-certified lawyer referral service. Or, the service may be able to refer you to a legal services program. A law school "clinical" program, designed to help train future lawyers, also may be able to help. </div> <bR> <div> Suppose you are accused of committing a crime. If you cannot afford a lawyer, you may qualify for free help from the Public Defender's office. Look in the white pages of the telephone book under the name of your county. What if there is no Public Defender in your area? Then, in most cases, a judge will appoint a private attorney to represent you without charge. </div> <bR> <div> In addition, many communities have "dispute resolution" programs. For example, these programs can try to help you and another person "mediate" or work out problems instead of going to court. </div> <bR> <div> <I>Prepaid legal services plans</I>. Perhaps you belong to a "legal insurance" plan through your employer, fraternal or not-for-profit organization, labor union, credit union, credit card company, or as an individual. Your plan may cover the kind of legal work you need -- just as medical insurance plans pay certain medical costs. Generally, the premiums you pay entitle you to a certain amount of a lawyer's time or to the services of a lawyer at a reduced rate. </div> <bR> <div> <B> <A NAME="how_will_i_know_which_lawyer_is_best"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A></B><B>How will I know which lawyer is best for me?</B> </div> <bR> <div> Before you meet with a lawyer, you may want to do some "comparison shopping." If so, make a list of several lawyers. </div> <bR> <div> Then, telephone the lawyers on your list and ask them for information that will help you make a decision. Depending on the law firm, the lawyer's secretary may be able to give you the information you need. Some lawyers, however, may want to talk personally with you or to meet briefly with you instead of discussing your problem on the telephone. </div> <bR> <div> You may want to ask how much experience the lawyers have had with problems like yours and how recently they handled a similar case. </div> <bR> <div> Ask the lawyers you call if they will charge to meet with you to discuss your case before you decide which lawyer to hire. If there is a fee, ask how much it will be. In any case, lawyers have commitments to clients, so you should not expect to have a long first meeting; 15 minutes to a half-hour is average. </div> <bR> <div> Write down everything you learn from each lawyer. Take some time to think things over, and then make an appointment to talk further with the lawyer who seems best for you. </div> <div> <I> <A NAME="how_does_a_lawyer_decide_what_to"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A></I></div> <div> <IMG SRC="07362e40.jpg" border=0 width="354" height="228" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></div> <div> <B>How does a lawyer decide what to charge? </B></div> <bR> <div> Just like doctors, contractors and others, lawyers have business expenses that must be covered by their fees. These include the costs of renting an office, utility bills, staff salaries, office equipment, insurance (including malpractice and other types of business insurance) as well as research materials. </div> <bR> <div> A lawyer also may consider the amount of time your case will take. You may not realize how much time a lawyer will need to spend on your problem. Perhaps you are involved in a law suit. The trial may take just half-a-day. But the lawyer may have spent days, weeks or even longer researching the law, finding and interviewing witnesses and preparing documents and arguments for the trial. The fee also may depend on how complicated your case is. </div> <bR> <div> You also may be charged more if unexpected developments make your case more complicated. For example, maybe you are getting a divorce. When you hire the lawyer, you may believe that you and your spouse have worked out a property settlement. Later, you may find that you are not in agreement and the lawyer must become involved in that element of your case. </div> <bR> <div> Some lawyers will charge the "going rate" for your kind of case in the area where you live. Others who are well-known in a certain field of law might charge more. If so, you will need to consider whether these lawyers have special skills and experience that could lead to a better or faster solution to your problem. </div> <bR> <div> <B> <A NAME="do_all_lawyers_charge_the_same_kind_of"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A></B><B>Do all lawyers charge the same kind of fee? </B></div> <bR> <div> No. There are several kinds of fee arrangements, and most agreements between you and a lawyer must be in writing. </div> <bR> <div> If the fee arrangement is for a "contingency fee" -- which means that the attorney will take a percentage of your settlement if you win the case -- the agreement must be in writing. And, it must include, among other things, the percentage on which you have agreed. </div> <bR> <div> With non-contingency arrangements, the fee agreement must include the lawyer's hourly rate and other standard rates, fees and charges that would apply to your case. It also must include an explanation of the general nature of the services that the lawyer will provide for you. </div> <bR> <div> Sometimes, it is impossible for a lawyer to know exactly how much time your case will take. Then, you can ask the lawyer to include in a written fee agreement or letter an estimate of the costs and time involved. But, you should keep in mind that many factors may affect the lawyer's estimate and that the actual cost may be greater than the estimate. </div> <bR> <div> Be sure to tell your lawyer everything you know about your case. Suppose there is a "cross complaint." This means that the person you are suing is also suing you. A cross complaint can affect both the type and the amount of the fee your lawyer will charge.  Surprises not only are likely to cost you money, your very failure to tell the lawyer about them may have a drastic effect on the outcome of the case itself.  So, set aside any embarrassment or feeling of guilt and TELL THE LAWYER EVERYTHING!</div> <bR> <div> Apart from any fee you may pay for your first meeting with a lawyer, you probably will be charged either a fixed, hourly, retainer, contingency or statutory fee. </div> <bR> <div> <B> <A NAME="fixed_fee__"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A></B><B>Fixed fee.</B> This way of charging, sometimes called a "standard" fee, is used most often for routine legal matters. For example, a lawyer may charge all clients the same set amount to draw up a simple will or to handle an uncontested divorce. Legal clinics often use this kind of fee arrangement, and so do some other law firms and lawyers. When you agree to a fixed fee, be sure that you know what it does and does not include. You also should find out if any other charges might be added on to the bill. </div> <bR> <div> <B> <A NAME="hourly_fee__"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A></B><B>Hourly fee.</B> Some lawyers charge by the hour, and the amount can vary from lawyer to lawyer. To know approximately how much your total bill will be, ask the lawyer to estimate the amount of time your case will take. Suppose you contact three lawyers, and one charges more per hour than the others. You will need to decide whether this lawyer has skills or experience that could bring your case to a faster solution. Also, remember that circumstances may change, and your case may take longer to handle than the lawyer expected at the beginning. </div> <bR> <div> <B> <A NAME="retainer_fee__"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A></B><B>Retainer fee.</B> This kind of fee can mean different things to different people, so be sure you understand the fee agreement. </div> <bR> <div> A retainer fee can be used to guarantee that the lawyer will be available to take a particular case. This could mean that the lawyer would have to turn down some other cases in order to remain available. With this kind of retainer fee agreement, the client would be billed additionally for the legal work that is done. If the fee agreement says that the retainer is not refundable, you may not be able to get your money back -- even if the lawyer does not handle your case or complete the work. A retainer fee also can mean that the lawyer is "on call" to handle the client's legal problems over a period of time. Certain kinds of legal work might be covered by the retainer fee while other legal services would be billed separately to the client. </div> <bR> <div> In addition, a retainer fee sometimes is considered a "down payment" on any legal services that the client will need. This means that the legal fees will be subtracted from the retainer until the retainer is used up. Then, the lawyer will either ask you to replace the retainer or bill you for any additional time spent on your case. </div> <bR> <div> <B> <A NAME="contingency_fee__"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A></B><B>Contingency fee.</B> This kind of charge often is used in accident, personal injury and other cases when you are suing someone for money. It means that you will pay the lawyer a certain percentage of the money you receive if you win the case or if you settle the matter out of court. If you lose, the lawyer does not receive a fee. Either way, though, you will have to pay any court costs and other expenses that are involved. Depending on the circumstances, these charges can be quite high. So be sure to ask the lawyer to estimate the costs. In some cases, the lawyer may pay some of these costs for you when they are due using money you receive from the case. </div> <bR> <div> If you agree to a contingency fee, be sure that the written fee agreement tells what the lawyer's percentage will be and whether the lawyer's share will be figured before or after other costs are deducted. Suppose you are awarded $20,000 in a personal injury case and your lawyer is entitled to 40 percent. Court costs and other expenses amount to $2,000. If your lawyer's share is figured after the $2,000 is deducted, the lawyer will receive 40 percent of $18,000 -- or $7,200; you will receive $10,800. But, if the lawyer's share is figured before costs are deducted, the lawyer will receive 40 percent of $20,000 -- or $8,000; then, after the $2,000 in costs is deducted from the remaining amount, you will receive $10,000. </div> <bR> <div> <I>Remember:</I> All contingency fee agreements in California must be in writing. Among other things, they must say whether you are required to pay the lawyer for related matters that come up as a result of your case and that are not covered by the written fee agreement. In many cases, the agreements also must state that the attorney's fee is not set by law but is worked out between the attorney and the client. </div> <bR> <div> <B> <A NAME="statutory_fee__"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A></B><B>Statutory fee.</B> The fees for some probate matters, workers compensation injuries, and certain other types of legal work is set by "statute" or law. For certain other legal problems, the court either sets or must approve the fee you will pay. </div> <bR> <div> <B> <A NAME="when_is_my_lawyer_s_bill_due__"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A></B><B>When is my lawyer's bill due? </B></div> <bR> <div> Unless you have a contingency fee agreement, you very likely will be billed monthly. Baring other arrangements, the bill is due when submitted – and some lawyers may charge interest on any amount not paid promptly (typically, within 30 days).  So, unless arrangements are made otherwise, expect to be asked to pay the bill when it is presented.</div> <bR> <div> If you are paying an hourly fee, you may want the lawyer to get your permission before spending more than a certain amount of time on your case. You also may want itemized bills that show how the lawyer has spent time on your case. You also have a right to an itemized bill that lists expenses such as photocopying, telephone calls and travel costs. In fact, a lawyer must provide the bill within 10 days of the date that you request it. </div> <bR> <bR> <bR> </td> </tr></table></body>