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Fee
Structure
Personal
Injury
The
contingency fee system, which is almost universally used in personal injury
cases, allows injured persons to seek compensation for their injuries
without having to pay out of their own pockets the attorney’s fees
and costs of pursuing the claim. Instead, contingency fees are paid to
the attorney out of any recovery made on a claim. If an attorney makes
a recovery for his client, the attorney is entitled to a portion of the
recovery for his fees. However, if no recovery is made, then the attorney
gets nothing; not even his costs are repaid.
Many
law firms charge a contingency fee ranging from 33% to 40% of the total
recovery. Typically, the 33% fee is charged if the case settles before
suit is filed or a demand for arbitration is made. The 40% fee comes into
effect if the client rejects any pre-suit settlement offers and suit is
filed.
At
Sands White and Sands, we limit our attorney’s fees to 25% of any
recovery before filing suit and 40% after filing suit or the demand for
arbitration. Even these fees, however, are subject to negotiation depending
on the circumstances of the case. For example, the trial of a motor vehicle
claim typically takes less time and costs less than a medical negligence
claim. For this reason, we typically cap our fees in motor vehicle cases
at 33%. In dealing with any law firm concerning representation, you should
always remember that there is no legal requirement that a lawyer charge
a client a set fee or a percentage of money recovered in a case. You have
the right to talk with the lawyer about the proposed fee and to bargain
about the rate or percentage as in any other contract.
Whatever
the percentage charged, the attorney’s fee is calculated on the
total amount recovered from the at-fault party or his insurance carrier.
Next, the costs the attorney incurred in investigating and prosecuting
the claim are deducted from the recovery. The balance of the recovery
is then paid to the client or on the client’s behalf.
Whistleblower
Qui Tam
In
federal whistleblower qui tam cases, Sands White & Sands’ fees
will be paid on a contingency fee basis agreed to with the client.
White
Collar Criminal Defense & Criminal Tax Defense
If
we are retained during the course of a criminal investigation (prior to
the filing of formal charges), we typically require an initial nonrefundable
retainer that varies depending on the size and complexity of the case.
We charge our time against this retainer at an hourly rate and require
replenishment of the retainer if and when our time spent on the case exceeds
the client’s retainer credit balance. Once formal charges have been
filed, we typically require a flat fee for representation through the
conclusion of the case in the trial court. Case related expenses are billed
to the client on an as-needed basis.
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