Like any professional, lawyers get paid for their expertise. However, with many lawyers charging hundreds of dollars per hour, legal bills can quickly add up. To avoid major sticker shock and fee disputes down the road, it helps to understand how your lawyer will charge you, what your bill will look like, and how to spot improper or questionable charges.
Lawyers typically charge in one of a few ways. The most common method is billing by the hour. The lawyer keeps track of how much time is spent on your case and bills you for that time. Many lawyers bill in certain increments of time, such as six-minute increments. Examples of cases that are handled by the hour include criminal defense cases, contested divorce cases, business and real estate matters, and civil defense cases (any time you are being sued in court). (To learn more about hourly rates, see our article on how much lawyers typically charge.)
Another method of billing is a flat fee, such as where a lawyer charges $5,000 for a defined project. This is often used for relatively simple and routine legal matters, such as drafting a will, registering a trademark, or preparing a simple immigration application. Finally, a contingency fee is used in cases where it’s not feasible for the plaintiff to pay hourly fees—such as personal injury cases, workers’ compensation cases, and medical malpractice cases. In these cases, the lawyer will take a percentage of any award or settlement that you receive if you win your case.
It's important to thoroughly read your fee agreement and understand how your lawyer will be charging you. This is especially important if you will be charged by the hour. Pay particular attention to what the fee agreement says about:
Be sure to ask questions if you don’t understand any part of the fee agreement.
Your lawyer should give you an itemized bill on a regular basis (for example, monthly) for work performed. Each item should be described in enough detail so that you understand what work was performed. Some lawyers are more thorough with their billing practices than others. Unfortunately, it’s not unheard of for lawyers to include short and generic descriptions—such as “reviewed documents” or “drafted motion.” Naturally, this will lead you to wonder: Which documents were reviewed, and which motion was drafted? You have every right to know what you are being charged for and why it was necessary. If you have any questions about an item in your bill, ask your lawyer to explain it.
While most lawyers will charge you fairly and according to your fee agreement, there are less scrupulous lawyers who will try to maximize their profit at your expense. Here are some of the most common improper billing practices:
If you suspect that your lawyer is charging you unfairly, you can dispute the bill. Your first step should be to talk to the lawyer and try to work it out informally. However, if that’s unsuccessful, you can try a more formal forum, such as fee arbitration through your local bar association. To learn more, see our article on how to dispute your bill for legal fees.