Robert Lawrence Bogen

Robert Bogen

While we strive to provide our clients at the beginning of our professional relationship with an honest appraisal of their case and an honest estimate of the hours, fees, and costs that might be involved, such an appraisal and estimate is necessarily dependent upon the information available at the time of the initial consultation. An estimate of hours, fees, and costs is not a "cap" or a "maximum," and this is carefully explained to all of our clients. No attorney has a crystal ball as to how a case will progress. In matters of litigation, especially, unanticipated events and circumstances can frequently occur. We can control only our side of the litigation, not our adversary's side. Effort, fees, and costs that need to be expended on a case will vary widely depending on, for example, previously unknown facts and issues that are raised by the other side, how reasonable or aggressive the parties are with their respective positions, or whether the matter can settle early or will need to go to a full trial. All of our clients are fully informed of these shifting parameters at the beginning, as well as throughout the case. No case is a sure-fire winner; there are always flaws in both parties' cases. Otherwise there would be no need to litigate in the first place. No attorney wins all their cases, and the ones who say they do are fooling both themselves and their clients. Unfortunately, sometimes the losing party in an emotional and hard-fought litigation battle is unable or unwilling to be consoled, regardless of the strength of their attorney's presentation. It is understandably a frustrating and difficult situation, and can give rise to a reluctance in honoring their attorney's fee obligations. In some circumstances, it is fair and right for an attorney to compromise the final billing at the client's request, even though the fees are based on a reasonable hourly rate, for a reasonable number of hours, honestly expended in good faith on the client's behalf, and for which the client accepted and was happy with the professionalism and legal services provided up until the verdict. That is what occurred in this case, but it apparently has not relieved the bitter taste left in the client's mouth from this litigation experience.