Comments on: Flat Fees Are Fine, But Lawyers Can’t Have It Both Ways http://myshingle.com/2006/07/articles/business-models/flat-fees-are-fine-but-lawyers-cant-have-it-both-ways/ Great Things Come in Small [Law] Practices! Sun, 20 May 2012 20:48:00 +0000 hourly 1 http://wordpress.org/?v=3.3.2 By: Pheil Law Firm http://myshingle.com/2006/07/articles/business-models/flat-fees-are-fine-but-lawyers-cant-have-it-both-ways/#comment-3957 Pheil Law Firm Tue, 24 Aug 2010 23:35:24 +0000 http://174.120.83.8/~sh1ngl3/2006/07/articles/uncategorized/flat-fees-are-fine-but-lawyers-cant-have-it-both-ways/#comment-3957 I will have to disagree. In litigation, you can never predict if the other party will use scorch earth litigation practices, running you into court every week, taking every deposition of anyone who heard about your case, having the judge cause extra court appearances, etc. etc. It really is close to impossible to estimate at the front end what others whom you can not control, will cause the fees to do in a case. So, if you charge for every conceivable contingency, the client may not hire you and it may turn out to be a wrong estimate.<br><br>I would be interested in how to handle the unknown opponent and court system. I will have to disagree. In litigation, you can never predict if the other party will use scorch earth litigation practices, running you into court every week, taking every deposition of anyone who heard about your case, having the judge cause extra court appearances, etc. etc. It really is close to impossible to estimate at the front end what others whom you can not control, will cause the fees to do in a case. So, if you charge for every conceivable contingency, the client may not hire you and it may turn out to be a wrong estimate.

I would be interested in how to handle the unknown opponent and court system.

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]]> By: Scott Shuker http://myshingle.com/2006/07/articles/business-models/flat-fees-are-fine-but-lawyers-cant-have-it-both-ways/#comment-1956 Scott Shuker Wed, 09 Aug 2006 22:59:18 +0000 http://174.120.83.8/~sh1ngl3/2006/07/articles/uncategorized/flat-fees-are-fine-but-lawyers-cant-have-it-both-ways/#comment-1956 While I agree that I like and often use flat rate pricing, in some types of matters, I have found that it leaves you open to abuses by you client. Attempting to bring in unrelated matters that could not have been anticipated as part of what you were taking on, is one way but the more common problem is a client that is way too active in terms of telephone calls. Perhaps I just need to get a better handle on controling my clients, but I make it a point to take/return every call that comes in. For this reason, I still use hourly billing for some clients. While I agree that I like and often use flat rate pricing, in some types of matters, I have found that it leaves you open to abuses by you client. Attempting to bring in unrelated matters that could not have been anticipated as part of what you were taking on, is one way but the more common problem is a client that is way too active in terms of telephone calls. Perhaps I just need to get a better handle on controling my clients, but I make it a point to take/return every call that comes in. For this reason, I still use hourly billing for some clients.

]]> By: Scott Shuker http://myshingle.com/2006/07/articles/business-models/flat-fees-are-fine-but-lawyers-cant-have-it-both-ways/#comment-6044 Scott Shuker Wed, 09 Aug 2006 22:59:00 +0000 http://174.120.83.8/~sh1ngl3/2006/07/articles/uncategorized/flat-fees-are-fine-but-lawyers-cant-have-it-both-ways/#comment-6044 While I agree that I like and often use flat rate pricing, in some types of matters, I have found that it leaves you open to abuses by you client. Attempting to bring in unrelated matters that could not have been anticipated as part of what you were taking on, is one way but the more common problem is a client that is way too active in terms of telephone calls. Perhaps I just need to get a better handle on controling my clients, but I make it a point to take/return every call that comes in. For this reason, I still use hourly billing for some clients. While I agree that I like and often use flat rate pricing, in some types of matters, I have found that it leaves you open to abuses by you client. Attempting to bring in unrelated matters that could not have been anticipated as part of what you were taking on, is one way but the more common problem is a client that is way too active in terms of telephone calls. Perhaps I just need to get a better handle on controling my clients, but I make it a point to take/return every call that comes in. For this reason, I still use hourly billing for some clients.

]]> By: Legal Ease Blog http://myshingle.com/2006/07/articles/business-models/flat-fees-are-fine-but-lawyers-cant-have-it-both-ways/#comment-1963 Legal Ease Blog Wed, 09 Aug 2006 17:44:18 +0000 http://174.120.83.8/~sh1ngl3/2006/07/articles/uncategorized/flat-fees-are-fine-but-lawyers-cant-have-it-both-ways/#comment-1963 <strong>Who Bears the Burden When a Lawyer Underestimates the Fee?</strong> Carolyn Elefant recently posted about fixed fees over on her blog, My Shingle, with a post entitled, Flat Fees are Fine, But Lawyers Can't Have It Both Ways. Carolyn is a fan of using fixed fees, but says that when Who Bears the Burden When a Lawyer Underestimates the Fee?

Carolyn Elefant recently posted about fixed fees over on her blog, My Shingle, with a post entitled, Flat Fees are Fine, But Lawyers Can’t Have It Both Ways. Carolyn is a fan of using fixed fees, but says that when

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