Minimize Attorney Fees

Costs can accumulate quickly when you retain an attorney's services. Most attorneys charge for their time through hourly billing, flat-fee agreements, or contingency agreements. Under an hourly agreement, the attorney bills you according to each hour of work performed. A flat-fee agreement is a contract whereby you agree to pay a set amount for legal work. A contingency fee agreement means that your attorney will not request any payment from you unless you win your case. You can use many methods to reduce the amount your attorney charges, including seeking free legal assistance in some cases.

Steps

Finding Free Legal Help

1. Look into federally funded, legal aid programs. A large network of legal aid programs operate on federal grants. Legal aid programs employ lawyers and paralegals to offer free services to people who are eligible. Legal aid programs are an excellent resource for help with divorce proceedings, employment issues, landlord and tenant issues, and a number of other legal problems.
   • To qualify for legal aid, your income must be below a certain amount. The definition of "low income" varies from state to state. In many states, your income must be below the federal poverty line to qualify, which you can determine here.
   • You can search online or in the phone directory for “legal aid” to find an office in your area.
2. Find a local pro bono program. Bar associations often offer free legal help through pro bono programs. Lawyers willing to work for free, or "pro bono," are matched with people who qualify for free legal advice. Some nonprofits dedicate themselves to providing pro bono legal help to those in need. Research pro bono programs in your area by looking online or contacting a legal aid office to get a referral.
   • To qualify for a pro bono program, you may be asked to prove that your income is below a certain amount.
   • Many local bar associations also offer programs that can reduce or eliminate legal fees or resources on how to find these programs. Many bar associations also have a referral service that will include a free consultation with an attorney. To find out if your local bar association has a program like this, visit the American Bar Association.
   • Additionally, some private law firms contain pro bono departments within their firms. These types of programs are usually geared toward specific issues that impact the community. Because private firms often have more resources than public legal aid programs, the pro bono work of these firms generally will focus on civil rights issues and suits against the government.
   • To find a private firm with a pro bono program in your area, simply search “private law firms + pro bono work” online.
3. Contact a self-help legal clinic. Many states have self-help clinics designed to provide free legal advice to anyone who asks. Some clinics accept questions in person, and others accept questions submitted online. The questions are typically answered by lawyers or paralegals, and the process is often confidential. Self-help clinics are good resources when you have a question or two about the process you need to undertake or which forms to fill out. However, they are not substitute for actually retaining a lawyer who can help with your case.
   • To find a self-help program, call your local courthouse or look online. If you find a program that accepts questions in person, arrive as early as you can to ensure that you are helped.
   • Most of the programs that accept questions in person are held at courthouses and handle specific legal issues, so make sure that you attend the right program to get help with your specific issue. For example, some courts run a “domestic relations clinic” on specified days at the local domestic relations courthouse.
   • Many local courthouses also run programs for a wider range of issues, including probate (will writing) issues and planning, personal injury, landlord/tenant issues and debt collection suits. If the program is held at a civil court, the attorneys there will likely not handle criminal issues.
4. Call a legal hotline. Legal hotlines provide advice for people in specific situations, such as victims of domestic abuse. In some cases, the advice is free. In other cases, it is very low cost. Do a search for legal hotlines in your state, and find one that will give advice appropriate to your situation.
   • It’s important to call a hotline in your state of residence. The laws differ from state to state, so you might get the wrong advice if you call a hotline in another state.
   • For example, many bar associations in Texas run a “Legal Line” that runs on certain days of week. Texas also has legal hotlines for victims of domestic violence, people facing employment issues, and “Older Texans.”
5. See if a local law school operates a clinic program that offers free legal services. Many law schools run legal clinics as a way to give law students practical experience. Clinics can take general civil or criminal matters, or can be geared toward one type of legal case, such as a foreclosure relief clinic or a domestic violence clinic.
   • Legal help in the clinic setting is often offered by law students who are supervised by experienced law professors. Although the law students are not licensed attorneys, they are heavily supervised by experienced lawyers who will make sure that everything on your case is done correctly.
   • Legal clinics often help people who have low incomes, but the specialized clinics will usually take good cases regardless of the individual’s income to give the students experience.
   • To find a legal clinic, look on the websites of law schools in your area.

Finding a Payment Plan to Minimize Fees

1. Learn how attorneys charge for services. Typically, there are three major ways that attorneys bill for their services:
   • Flat fees: an attorney charging a flat fee will charge one fee (sometimes upfront) for handling an entire matter, regardless of how many hours the matter takes. Some examples of types of cases that are commonly handled using a flat fee:
     • Criminal cases.
     • Bankruptcy cases.
     • Domestic relations cases (such as divorce or custody matters).
     • Document drafting, such as drafting a will or a trust document.
   • Contingency fees: an attorney charging a contingency fee does not collect legal fees from the client unless the attorney recovers money for the client. If the attorney recovers money, either through a settlement or a trial, the attorney will receive a percentage of the settlement amount. Usually, the percentage is between 30-40%. Some types of cases that are commonly handled on a contingency fee basis:
     • Personal injury cases.
     • Employment discrimination cases.
     • Or other types of cases where a large recovery from a corporation or business is expected.
   • Hourly fees: Lawyers charging an hourly rate “bill” hours and then charge the client for the amount of hours worked on the client’s matter. Usually, hourly rates are used by businesses and corporations involved in litigation. Additionally, attorneys charge hourly for individuals involved in long or complicated litigation.
2. Come up with a budget. Decide what you can pay for legal fees and costs. Be honest about your budget with each attorney you meet. Ask if the attorney can handle your case for the amount you budgeted. Additionally, you should make sure to tell your attorney that he/she should inform you before doing anything on your case that takes it out of budget.
   • Keep in mind that even with a strict budget, your case can become significantly more complicated or take longer than the attorney anticipates. This can result in more legal fees. If this situation could potentially apply, your attorney should inform you in advance and give you the opportunity to look for less expensive counsel.
3. Negotiate a flat fee. Many legal issues are straightforward and simple to licensed attorneys. Generally, as long as your issue isn’t complicated, an attorney will be able to quickly come up with an estimate of how much specific tasks will cost. Ask the attorney to give you an estimate for a “flat fee.” If the estimate is acceptable, the attorney will do everything associated with your case for that amount.
   • Keep in mind with a flat fee that you may be required to pay the attorney upfront. However, the attorney must keep any fees paid by a client in a separate account until earning the fees. The attorney should send you a bill reflecting when he or she will withdraw money from the separate account and the amount of the withdrawal.
4. Look for a sliding-fee program. If your income is too high to qualify for free legal services, there are sliding-fee programs with affordable attorney fees. Each state has a set of programs designed to help people with moderate income handle legal issues without having to pay thousands of dollars.
   • To find a program in your state, contact the state bar association or look online.
5. Work out a payment plan. Some lawyers are willing to work out a payment plan so that you don't have to pay all of the fees at once. You may be able to work out a plan to pay a certain amount every month until everything you owe has been paid. It's up to the individual lawyer to decide whether to make this option available.
   • When you first contact a lawyer, ask whether the lawyer may be willing to accept a payment plan before you go to his or her office for an in-person meeting. Make sure you know what to expect before meeting the attorney in person: regardless of whether you end up wanting to retain the lawyer's services, you're likely to be charged for that first meeting.
   • Explain your situation to the lawyer in question, give him or her your financial statements and discuss what you need done.
6. Ask about a contingency fee. This means that the lawyer will get a percentage of the money you are awarded. Contingency fee arrangement percentages vary, but 30 percent to 40 percent is common. If the case is lost, you won't owe any legal fees. However, even though you will not owe fees, you could still be responsible for expenses. If you are thinking of entering into a contingency-fee arrangement, make sure that you understand what expenses you may be responsible for.
   • For example, many attorneys will ask you to provide some money upfront to pay for filing and service fees.
   • Most lawyers will take personal injury cases (injuries caused by careless drivers, property owners or health-care providers) on a contingency-fee basis.
   • If you have criminal, divorce or bankruptcy case, then be prepared to pay some amount upfront, called a "retainer." In some case, these attorneys will charge you an hourly rate, but in others (especially criminal lawyers) will charge you a flat fee when you hire them.
   • In some cases, lawyers are not permitted to charge contingency fees.
7. Consider hiring a younger lawyer. Younger lawyers are up-to-date on the most recent legal developments, but they may have fewer clients and have more time to devote to your case. A younger lawyer may charge less because he/she is not as experienced as other lawyers and may have fewer resources to handle big cases.
   • Ask your young lawyer how much experience he/she has handling cases like yours. Also, ask if he/she participated in a clinic, internship or a volunteer lawyer project while in law school. In that case, he/she may be well-qualified to handle your case.
   • Additionally, you should request a flat fee. It's possible that it will take him or her longer to do each task for your case, such as researching and drafting documents, due to lack of experience. If you pay a younger attorney hourly, you may lose any money that you would otherwise save because of that extra time.

Minimizing Fees after Retaining a Lawyer

1. Learn the services for which your attorney charges. Legal costs include all phone calls, emails and other correspondence related to your case; conferences with you, potential witnesses and other attorneys assisting with the case; meetings with investigators; preparation and research time; interaction with opposing attorneys; and court appearances. If you are paying your attorney hourly, you will be charged for all of your attorney’s time.
   • Additionally, you will be required to pay any filing fees, expert witness fees or court costs.
   • If you retain your attorney on a contingency fee basis, you will not be required to pay legal fees unless you obtain a settlement in your case. However, you are still responsible for paying any court costs, including filing fees, fees for copies and fees for any expert witnesses.
2. Cooperate with your attorney. Your attorney will need documents and information from you. Prompt responses to your attorney's requests will prevent unnecessary reminder calls and letters that cost you additional fees. Return all calls from your attorney's office as soon as possible. Your attorney likely works on many other cases.
   • You will be charged fees every time your attorney needs to refresh his memory regarding your case, make reminder calls or create reminder letters.
3. Offer to do some of the work yourself. Putting your case together could require copying a number of documents, obtaining records and waiting to file documents with the court. You can ask your attorney about completing some of these or similar tasks yourself to cut down on expenses.
4. Write out an agenda prior to any meeting you have with your attorney. It will keep you on track regarding your questions and concerns, which will make the meeting shorter and less costly.
5. Take notes during every phone conference and meeting you have with your attorney. Your matter may last several months or even years. By taking notes you can refer back to them, rather than contacting your attorney to refresh your memory.
   • Create a journal. Keep the journal near the phone when you speak to your attorney and take the journal with you to legal meetings so you can take notes.
   • Date the journal entries, so you know when the conversations with your attorney take place.
6. Maintain an organized file of your case. You will receive documents, court papers and letters from your attorney's office. Keeping all the correspondence from your attorney's office in one central and organized place will prevent you from asking for copies of your file.
7. Determine your goals regarding your legal matter. Don't change your mind about what you want the outcome to be. Continued changes may require your attorney to change the way he works on your case, which will cost more money. Your attorney will prioritize his work on your case based on the outcome you want to achieve. Most legal settlements are based on a series of compromises between the parties. The outcome you want is used by your attorney to negotiate and compromise to meet your desired conclusion.
   • This includes having realistic expectations for the outcome of your case based on your attorney’s expertise.
8. Rely on your attorney for legal advice, not for emotional support. Do not correspond with your attorney by email, phone or in person every time you are upset about how your legal matter is affecting your life. Your attorney must respond to the correspondence. He or she will then charge you for the time it takes to respond, even though the correspondence isn't relevant to your legal issues.
   • Even if you pay your attorney on a flat-fee basis, do not call just to talk or otherwise discuss matters not directly related to your case. Your relationship with your attorney should remain professional. It may irritate him/her if you continually waste his/her time discussing personal issues. You want to remain on your lawyer’s good side; not become known as a difficult client.

Warnings

• This article provides legal information, but it does not provide any legal advice. You should always consider looking into an attorney to assist with any legal issues.

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