Working with a Lawyer (Washington State)

Introduction

This memo will help you learn how to work with a lawyer who is in private practice. For information about finding a lawyer, see the Legal Voice publication How to Find a Lawyer and Other Legal Resources in Washington State.

Fees

What Is a Retainer Fee?

There are a few different types of retainer fees. But most often a retainer fee is an advance payment for the lawyer’s time. Also called “advance fee deposit.”

A retainer fee can cost between $500 and $5,000. You must pay this fee immediately, like a down payment, and then the lawyer subtracts her hourly fees and costs.

Important: The retainer fee may not cover the entire cost of the case. 

Ask the lawyer what the retainer fee pays for and what will happen once that money is used up. Also ask if any leftover money will be refunded.

If your case goes to trial, your lawyer may ask a for a second advance fee deposit to cover the legal fees for the trial. That second fee will be due before trial and may be at least $5,000. 

What Are “Fees” and “Costs”?

• Legal fees: Charges for your lawyer’s advice and services. Fees and how to pay are discussed below.
  
• Costs: Other expenses, like court fees, copying costs, or expert witness fees. Usually you must pay all costs immediately, but some lawyers will add them to their monthly bill. If the lawyer is working for you on a “contingency basis,” then costs might be at the end of your case. See the “Contingent Fee” description below.

What Is an Initial Consultation Fee?

An initial consultation fee is the fee the lawyer charges for your first meeting. By the end of the meeting, you’ll decide if you want to hire the lawyer (sometimes called “retain”), and the lawyer will decide whether to take your case. Do not expect to get legal advice during this first meeting.

Initial consultation fees vary. Some lawyers charge their usual hourly rate for an initial consultation, some charge a reduced rate, and some offer them for free. Be sure to ask about this fee when you make an appointment.

What Are the Different Kinds of Fee Arrangements?

Fees for private lawyers vary and are negotiable. Three types of fee arrangements are common:

Hourly Fee

Hourly rates vary, depending on location, area of law, and the lawyer’s years of experience. For example, a common hourly rate for an experienced family law lawyer in the Seattle area is $300 per hour.

People often underestimate how much their case will cost. Many lawyers charge for their time every six minutes, and will round up. They may also charge you for time their staff spends on your case. You will be billed for small tasks like writing emails and answering your phone calls. For example, if your lawyer charges $300 per hour, a ten-minute phone call may cost you $60.

Ask for an estimate of what your case will cost, and check in regularly on how much you owe. You can request an itemized (detailed) bill every month to help you understand what you are paying for. Ask the lawyer if itemized billing will increase the charges.

Some lawyers will consider reduced rates if you are low-income. A reduced rate usually does not fall below $90 an hour.

Flat Fee (Set Fee)

This is a fixed amount for specific services. Flat fees are often used for cases that are not complicated, like drafting a will, simple contracts, or an uncontested divorce. Agree on the flat fee in advance, and ask if the flat fee could change.

Contingent Fee

This type of fee is used only in certain cases, like personal injury. The lawyer will only get paid if you are “awarded” money through a settlement or at trial. In these “contingency” cases, a written agreement at the very beginning of the case will outline the fee and how it will be calculated. The lawyer may ask for 30% of the amount you are awarded, plus costs. You may still have to pay costs even if you lose your case.

Contingent fees CANNOT be used for criminal cases or divorce cases.

Can I Pay for a Divorce with a Contingent Fee?

No. The rules that all lawyers must follow do not let them charge a contingent fee for a divorce case. But a lawyer can help you collect overdue child support or maintenance (alimony) with a contingent fee.

How Do I Know What My Money Pays For?

Ask for a written fee agreement. Make sure you understand the agreement before you sign it. The agreement should clearly show what the lawyer will do, how and when you will pay, and what happens if you don’t or can’t pay. The lawyer should send a regular bill, usually monthly. You can request an itemized (detailed) bill to help you understand what you are paying for. Ask the lawyer if itemized billing will increase the charges.

What Is a Fee Payment Schedule?

A fee payment schedule is a monthly payment plan where you pay a set amount every month. Many lawyers will agree to this after the retainer is paid. Usually, interest will be charged on the amount owed. Without a payment plan, you will have to pay the full bill by the due date.

What If I Can’t Afford to Pay the Lawyer?

Consider taking out a loan, borrowing from friends or family, or using a credit card. Or consider hiring a lawyer for “limited legal services,” described below.

If you do not pay your lawyer’s bill, your lawyer can send you to collections or put a lien on your property. They may also drop you as client before the case is finished. Read your fee agreement carefully.

If you are low-income, you may be eligible for free legal help for certain types of cases. See Resources at the end of this memo for more information.

What Are “Limited Legal Services”?

Some lawyers offer “limited legal services,” also called “unbundled legal services” or “pro se assistance.” It means that the lawyer gives advice and/or helps with documents, but will not represent you in court.

When you call for an appointment, tell them you need limited legal services so you get the right information about fees. Ask if an initial consultation is required. Ask for a written agreement describing the service and what it will cost. Most lawyers will charge a flat fee, described above.

Questions to Ask When Making Your Appointment:

• Does the lawyer ever offer reduced fees?
• Is there an initial consultation fee?
• What is the retainer fee and what will it cover?
• If this is a flat fee case, is there a chance I will have to pay more? Is an initial consultation required?