Caps are a TERRIBLE idea, without some caveats: They mean that the
attorney receives AT BEST his/her hourly rate, and at worst eats lots
of unbillable hours. The financial risk is all on the attorney, none
on the client.
At least with a flat fee, BOTH sides have some risk -- the attorney
could get the work done quicker, and exceed his/her regular hourly
rate, or the work could take more time, which would end up benefiting
the client. But I've never figured how to do a fair flat rate on most
work of any substance, since one never knows what will come up that
wasn't disclosed or foreseen. I'm happy to hear some fair ideas.
Example: I have a case pending now (non-CL) where I was hired JUST to
do the uncontested divorce. The paperwork, separation agreement, even
QDROs, all had been done. I told the client she could expect to incur
a certain modest range of fees. One might analogize this to a flat
fee for purposes of analysis here. Took the case. Paperwork
submitted: the PSA had no reference at all to alimony, no reference
to child support other than each parent would pay for whatever arose
when he/she has the kids, a couple of other smaller issues; the QDROs
included one for a thrift savings plan. (FYI, they don't USE
"QDROs!") Needless to say, we incurred significant add'l time, with
client's consent, but invoicing this matter has been difficult!
-- -- --
Douglas J. Sanderson
McCandlish & Lillard, P.C.
11350 Random Hills Road, Suite 500
Fairfax, Virginia 22030-7429
Telephone: (703) 934-1122
Facsimile: (703) 352-4300
email: dsand@xxxxxxxxxxxxx
www.mccandlaw.com
On Apr 15, 2010, at 9:08 AM, Jayne Jones Barstow wrote:
I have not done it yet but it had to come to this in this economy. The one thing that has always been missing in legal matters is a cap on fees. Amy Noe of Richmond Indiana is going to try it. You might speak to her in a few months and see how it turned out.
Jayne Jones Barstow
Attorney at Law
Houston Offfice: Indiana Office:
2702 Double Lake Dr 3398 Mattie Harris Rd
Missouri City, TX 77459 Centerville, IN 47330
281.261.9773 765.855.3262
281.261.9774 Fax 765.855.3193 Fax
lawqueenie@xxxxxxx
www.barstowlawfirm.com
-----Original Message-----
From: Malcolm McCollam <malcolm@xxxxxxxxxxxxxx>
To: CollabLaw@xxxxxxxxxxxxxxx
Sent: Thu, Apr 15, 2010 7:12 am
Subject: [CollabLaw] The billable hour
I am developing a new billing arrangement to offer clients as an alternative to hourly billing in my collaborative practice.
Is anyone else working on a fixed-fee or other basis and, if so, how is it working for you?
Malcolm McCollam
MalcolmLaw, PC
1316 E. 35th Place, Suite 200
Tulsa, OK 74105
p 918.582.1414
f 918.743.1426
malcolm@xxxxxxxxxxxxxx
