What Our Legal Services Cost

While quality and value should be principal concerns when choosing an attorney, we know cost does matter. For 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 in 1982 when he graduated law school. Additionally, we now accept 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 -- Flat Fee -- Contingent Fee -- Retainer -- Expenses -- Consultation
NU Student Legal Access™ Plan -- Internet Advice

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.

On July 1, 2006, our office was forced by increases in virtually all expenses to raise rates for the first time in several years. Current base rates for Jeff Smith are $225 for office time and $250/hour for court appearances or hearings, although discounts may be available in many situations, such as for preferred or quality-referred clients, and we can be flexible depending on individual financial situations. Rush or emergency matters may be more. Bills are usually sent monthly and are payable upon receipt.

Flat Fee. For those clients for whom certainty is highly desired, and where we feel we can predict or limit the tasks to be performed, 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. We will not attempt to match or "beat" a quoted flat fee if, in our opinion, we 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 will consider or offer contingent fee agreements where it makes sense for both the firm and the client, and if permitted by law. Contingent fees are illegal in divorce and criminal defense.

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 demonstrates the client's commitment to the matter and secures the lawyer's services before someone else can retain the attorney, and also protects the attorney. The amount will vary with the work anticipated. The retainer is applied against the hours billed, and any unapplied amounts refunded. 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. In fact, ethics prohibit a lawyer subsidizing or encouraging litigation by "picking up" costs. 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, we do not treat routine telephone, fax, or photocopy expenses as client costs. Jeff Smith's philosophy is that clients know and understand that fees cover all of 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, we do not mark those up.

Initial consultation. Usually we will not charge for a short (i.e., 15 to 20 minute) confidential initial consultation to assess your matter and provide you with an estimate of what it may cost. This consultation does not mean that you have hired us or that we have agreed to take your case. An initial consultation is not a way to get "free legal advice." Legal advice is provided only to clients. Call to set an appointment.

NU Student Legal Access™ Plan. The firm offers 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.

Internet Advice. Legal advice will not be provided to non-clients by e-mail. The information on this website is not 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. We welcome inquiries by e-mail but legal advice is provided only to clients. Call to set an appointment.


Legal services are information services. One significant way to reduce legal costs is by reducing the amount of guesswork and detective work your attorney has to do. This starts with the first meeting. See How to Make the Most Out of Meeting with an Attorney.

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 even 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.
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