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All litigation is expensive. Legal Malpractice cases are generally even more so. Such cases are damage suits. A damage suit is a suit that will only result in an award of money, [damages] and only if it is successful.
In pursing the suit there are two types of expenses: The expense of the suit itself, called EXPENSES or COSTS, and the expense of the lawyers, the FEES.
Litigation COSTS are generally as follows in 2005 dollars:
Filing fees $100 - $500
Copying Charges (in litigation everyone gets copies of everything. The Court, each party, each lawyer)In the ordinary non- complex case $50 - Whatever
Depositions (Statement of Witnesses under oath before trial @ $350 -500 and up for) $ 500 per pty min.
Expert Witness ( Professional negligence cases such itnesses are generally indispensable_ $3,000 +
Miscellaneous Travel, court Reporter transcriptions, ubpoenas, etc. Whatever
The point is that aside from paying a lawyer, the expense of filing and carrying through with a lawsuit will generally cost $3,000 to $5,000.
These are only estimates on very simple cases and extremely low estimates. Each case is different.
The lesson is that unless there is serious injury or substantial damage and a defendant who has the financial ability to pay (Insurance), litigation in the modern world of the 21st Century in reality is not an option.
ATTORNEY FEES: there are three basic fee structures and a fee agreement can include some elements of all types.
a) Contingent
Some law firms take cases on contingent fees. These are fees paid based on the recovery. Depending on how difficult the case is they are good things to use as long as the client understands that the lawyer may, on occasion, get paid a large sum of money for relatively little work. If there is no recovery there is generally no fee.
b) Hourly
Payment according to time expended. The only thing a lawyer has to offer a client is expertise and time. Currently rates are quoted between $100.00 per hour up to whatever. This office has fees generally around the $200 mark. The hours times the rate is your bill.
c) Flat fees
Flat Fees are usually tne time quotes for a certain service. Experienced lawyers know their fields and what their services are worth. For example, having read so many franchise documents over the years, I know what is in the without reading them, but I will still charge a full rate for the expertise. It is a business. I may not spend an hour reviewing the material. |