David Earl Dearing

David Dearing

As many of you know, there is a difference between a fixed fee and an estimated fee. When an attorney offers to perform a task for a fixed fee, he cannot charge the client more than that amount. Typically, an attorney charges a fixed fee when he is fairly certain of the time required for a given task and can factor that time into his charge, for example, when he is asked to prepare a deed or a will. When a task involves a contested matter, as this case did, attorneys generally are reluctant to agree to a fixed fee, because it is difficult to predict how much time will be required. Many factors beyond the attorney’s control may occur that require him to respond and spend additional time. In fact, a client’s behavior during a litigated matter can compound the cost of the litigation and can also impact the client’s chances of a successful outcome. If a client asks, I provide an estimated fee, but always with the explanation that the actual fee may be lower or higher. It is unfortunate but true that there are times when a lawyer-client relationship does not result in mutual satisfaction. In this instance, the client and I negotiated and reached agreement on a compromise payment amount. As a result, I was quite surprised that he would then turn around and post a negative review. Contrary to this posting, the client did not discharge me; rather, I withdrew from the case before the issue of fees arose. I categorically deny the other asserted facts, but because of the confidential nature of the attorney-client relationship, I cannot share private information in a public forum. If a prospective client is reading this and has any doubts about engaging my services, I will freely address any concerns that you may have. I pride myself on offering skilled legal services with the highest integrity.