What Our Legal Services Cost

While quality and value should be principal concerns when choosing an attorney, we know cost does matter. For over two decades Jeff Smith has tried to address the issue of making legal services more accessible. Jeff currently offers rates that are the same, in real dollars, as he was billed out at in 1982 when he graduated law school. Additionally, the office now accepts credit cards via Paypal, allowing clients to finance their legal services through their existing credit.

Depending on the matter and your needs, various types of fee agreements are available:

Hourly Rates. The standard for legal services in America is a fee based primarily on the time spent, multiplied by the rate of the professional working on the matter. An attorney may have a range of rates his or her work is billed at, depending on such things as the complexity and intensity of the matter, how quickly results are required, volume of work, previous payment history, and individual client factors. Often, trial work is billed higher than office or transactional work.

Although we've seen increases in virtually all expenses, I made a decision in 2008, respecting the pressures businesses and individuals face, not to increase base rate. My current base rate remains $240 for office time, $265/hour for court appearances or hearings. Discounts from base rate may be applied in many situations, such as for preferred or quality-referred clients, and I can be flexible depending on individual financial situations. Rush or emergency matters may be more. Bills are payable upon receipt.

  Flat Fee. For those clients for whom certainty is highly desired, and where the tasks to be performed are limited or predictable, this office is open to fixed-price agreements, so long as the extent of services to be provided is clearly spelled out.

Clients should realize that, to a lawyer, time is money. I won't attempt to match or "beat" a quoted flat fee if, in my opinion, I cannot provide quality advice and service, or address unseen problems, for the price.

Contingent Fee. The contingent fee originated to accommodate injured persons who had good cases but could not afford to pay legal fees while their claim was being prosecuted. Today, contingent fees -- where the client only pays (usually a percentage of the amount involved) if the attorney achieves certain results -- are seen in a variety of contexts. The ultimate fee may be higher than if the client had been billed hourly; the advantage for a client is in deferring payment and reducing risk. The Law Offices of Jeff Smith has in the past considered or offered contingent fee agreements where it makes sense for both the firm and the client, and if permitted by law. Contingent fees cannot be offered in divorce and criminal defense cases in Illinois.

Retainer. Depending on the matter and the client's circumstances, an advance payment, or retainer, will often be required before an attorney will undertake work. This payment "to get started" demonstrates the client's commitment to the matter,  secures the lawyer's services before someone else can retain the attorney, and also protects the attorney. The retainer is applied against the hours billed, and usually any unapplied amounts are refunded. The retainer is not a flat fee:  total fees may exceed the retainer. A non-refundable retainer may also be part of a contingent-fee agreement. An ongoing retainer for clients who anticipate repeated legal needs is an excellent way to manage multiple files, and gives a client the security of having a lawyer "on call."

Expenses. Typically the responsibility for expenses other than fees (known as costs) is the client's. There are ethical issues if a lawyer subsidizes or encourages litigation by "picking up" costs, and lawyers do not loan money to clients. As a courtesy to the client, a firm will usually pay directly for items such as court filing fees, and bill the client later. Large expenses such as court reporter transcripts or expert fees may require advance payment by the client. Unlike the trend in many firms to use costs as a profit center, I do not treat routine telephone, fax, or photocopy expenses as client costs. My philosophy is that clients know and understand that fees cover a lawyer's overhead, and that clients do not want to be nickel-and-dimed by lots of extra charges. As to costs that must be reimbursed, including outside services such as messengers, copying, and express delivery, I do not mark those up.

Initial consultation. Many attorneys, including me, will usually not charge for a short (i.e., 15 to 20 minute) confidential initial phone or office consultation to assess a matter, suggest how this office might approach the case, and provide an estimate of cost. This consultation does not mean that you have hired a lawyer or that a lawyer has agreed to take your case. An initial consultation (or a series of consultations while "shopping" for attorneys) should not be used as a way to get "free legal advice." Legal advice is provided only to clients. By definition, a consultation is not comprehensive.

Many potential clients feel that they need more time to explain their situation and get more detail on the legal options available. For those situations, the Law Offices of Jeff Smith may agree to offer a one-time, one-hour consultation at the reduced rate of $150, after which the office and the client may or may not agree to further representation.

In either case, call to set an appointment.

NU Student Legal Access™ Plan. The firm has in the past offered to full-time students at Northwestern University an economical one-time flat-fee plan offered to secure the availability of the firm during the academic year for a variety of legal services. See NU Student Legal Access™ Plan. This plan is not currently offered but may be renewed in the future.

  Internet Advice. Legal advice will not be provided to non-clients by e-mail. The information on this website is not client-specific legal advice, is only for general information and education about the law and the legal system, may not be applicable to your particular situation, and should not be used in lieu of formal advice from an attorney. I welcome inquiries by e-mail but legal advice is provided only to clients. Call to set an appointment.

The challenge in today's legal economy is to provide both value and quality appropriate to the legal matter. We are historically open to creative solutions that make sense for both client and lawyer. Do not hesitate to contact us if you have any questions.

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To make legal services easier for clients to finance, The Law Offices of Jeff Smith accepts payment by most major credit cards through Paypal, the leading online payment service. Click the logo to register for Paypal. Paypal gives you a $5 credit when you sign up.