Wednesday, February 11, 2009

Attorney's fees are reasonable - considering

Many people wonder how attorney's arrive at their retainer or fees charged. The determination of what is reasonable considers many variables including at least the following: the time and labor required of the task presented, the novelty, complexity, or difficulty of the questions involved, the skills requisite to perform the legal service properly.

Additionally, the attorney may consider whether the acceptance of the particular employment will preclude other employment by the lawyer and the fee, or rate, customarily charged in the locality, Orlando, Central Florida, Winter Park, etc., for legal services of a comparable or similar nature.

The attorney may also consider the significance of, or amount involved in, the subject matter of the representation, the responsibility involved in the representation, and the results obtained.

More important considerations may include any time limitations imposed by the client or by the circumstances and, as between attorney and client, any additional or special time demands or requests of the attorney by the client.

Of course the attorney may also consider the length of the professional relationship with the particluar client and the nature of previous work involved.

Finally and perhaps most important in the determination of attorney's fees in a given case are the experience, reputation, diligence, and ability of the lawyer performing the service and the skill, expertise, or efficiency of effort reflected in the actual providing of such services. Whether the fee is fixed or contingent and the client’s ability to pay being dependent on the outcome of the representation may also factor importantly.

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