10 questions to ask before you sign a lawyer's fee agreement

The 10 questions

1. What exactly will you do for me, and what is not included? Exclusions (court appearances, appeals, revisions) are where surprise bills come from.
2. How will you charge, and will you put it in writing? ABA Model Rule 1.5 says the basis of the fee should be communicated, preferably in writing, and contingency agreements must be in writing^[1].
3. What is a realistic total if it goes smoothly, and if it does not? Compare totals between lawyers, not hourly rates.
4. Who will work on my matter, and at what rates?
5. In what increments do you bill, and do short calls and emails count?
6. How much is the retainer, is it held in a trust account, and is unused money refunded?
7. What costs will I pay on top of your fee? Filing fees, experts, transcripts and copies are usually separate.
8. For contingency fees: what percentage, does it change if a lawsuit is filed, and are expenses deducted before or after your fee? Rule 1.5(c) requires the agreement to say^[1].
9. How often will I get an itemized bill?
10. If we disagree about a bill, how is it resolved? Many state bars run fee-dispute programs; your state guide lists the program where we found one.

Comparing several quotes?

The Lawyer Quote & Fee Agreement Toolkit ($24) turns up to three quotes into comparable totals and checks each fee agreement line by line. Or use the free lawyer cost calculator.