More Discussion of Fixed Fees

Ben Stevens provides more discussion of fixed fees in family law cases.

Ben points out that he uses two methods to help prevent problems with this arrangement.

1. I am very, very selective in choosing which clients I agree to represent.’ I estimate that I reject approximately one-half of the potential cases that I could accept.’ I only agree to represent those clients that meet the following criteria:’ (a) the client’s goals in the case are reasonable; (b) the client is willing to help my office work on his/her case; and (c) the client is someone that I truly want to help.’ There are other more subtle criteria that I subconsciously apply, and I will admit that a lot of it is done by ‘gut feeling’.’ However, after doing this for so long and handling so many cases, my gut feeling is right the vast majority of the time.
2. In most family law matters, I usually break the case down into different phases, at which portions of the fixed fee will be due and payable.’ This can be done in different manners, such as by time or by status of the case, but the point is that if a case gets resolved during any particular phase, there are no additional attorney’s fees due.’ This scenario gives the client incentive to help resolve the case sooner rather than later if a reasonable resolution is possible, but at the same time, the client is protected and knows his total cost if it is not.’ Having all of this information available to the client up front helps him/her better assess any settlement offers and the case in general as it progresses.

As I have stated in response to Ben’s series on this. I have been using a flat fee structure for three years now. And I would agree with Ben, you have to be selective on the type of clients you work with for this to work. Problem clients, and we know who they are, will not work with this arrangement. And quite frankly, I would rather not work with them either.