How to negotiate a CAP on Attorneys fees?

Asked about 1 year ago - San Diego, CA

I have a potential deal from an Attorney to move forward on contingency and hourly. I thought it would be one or the other.

I pay hourly and on top of that pay a percentage of the proceeds.

My only fear is the the attorney goes round and round with paper work wanting me to pay up.

Contingency has a great incentive to win.

But if it is hourly I need a cap because sometimes a simple letter seems to cost so much.

Are there standards for the deal?
Is there a best practice manual somewhere?

Attorney answers (3)

  1. William Stanley Fitch

    Contributor Level 16


    Lawyer agrees

    Answered . All attorney fees are negotiable. If the attorney you are interviewing does not want to his or her hourly rate, continue interviewing.

    A proper response would require a thorough investigation into the history and background of this relationship.... more
  2. Matthew William Hoffmann

    Contributor Level 14

    Answered . You are right in that it is normally one or the other, not both. Your best bet is to discuss your concerns with the attorney and see if the two of you can come to a mutually beneficial agreement.

    This answer is for general purposes only and does not establish an attorney-client relationship. Consult with an... more
  3. Alan James Brinkmeier

    Contributor Level 20


    Lawyer agrees

    Answered . You negotiate the deal you want. The market will tell you if what you want is unreasonable based on your dispute, the merits and risks involved, etc...

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

22,291 answers this week

2,744 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

22,291 answers this week

2,744 attorneys answering