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QUESTIONS AND ANSWERS ABOUT ATTORNEY FEES |
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Why do I need "professional" legal assistance? |
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To protect the public, Florida law provides that only lawyers can give legal advice. A lawyer is first and foremost an officer of the Court, authorized to explain and interpret the law for you and to represent your interests both in and out of court. |
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When should I see a lawyer? |
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Some of the situations in which you would want to consult with attorney are:
- Before buying or selling real estate
- Before signing a contract with major financial provisions
- Before making a will or planning your estate
- Before organizing a business
- If you are arrested or charged with a crime
- If you are involved in an accident in which there is damage to persons or property
- If there are changes in your family status: divorce, adoption or marriage
- If a lawsuit is brought against you or you want to bring a lawsuit against someone |
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HOW DO I KNOW WHAT THIS WILL COST? |
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While the cost of legal representation is always a concern there are ways to manage your costs while ensuring that the lawyer will work hard for you. As with hiring any professional, be it a lawyer or someone to repair your kitchen, it is crucial to sit with that person to discuss what the job will cost and what you will get for
your money. With an attorney it is important to discuss your case and how much they will be paid and on what basis their fees will be determined. |
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Much of that discussion is related to the type of case and the way the lawyer manages his or her office.
The discussion should focus on identifying the type of case you have and how the lawyer will charges for such a case.
This should be done on the first appointment. Get the sticky question of costs out of the way
up front. If you get this issue resolved up front you will find that the relationship with your lawyer will often remain a smooth one. |
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How does a lawyer decide what to charge? |
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Many factors go into determining what a lawyer charges for a particular case. These factors include the business expenses for the lawyer's office; the amount of time the case will take; the difficulty of the case; and, sometimes, the experience of the lawyer. There are several ways a lawyer sets fees for a case and they vary from lawyer to lawyer depending on the type of case you have. |
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Generally, there are three kinds of fees: (1) a fixed fee: which is used for routine legal matters, such as a simple will or an uncontested divorce, or a name change; (2) hourly fee: which is used in cases that are more complex and which will require ongoing work by the lawyer; hourly fees vary from lawyer to lawyer; and (3) contingent fee: which is a set percentage of the money you will receive if you win or settle your case and are usually used in accident and personal injury cases; if you don't win then the attorney gets no fee, but the client usually must pay any direct, out-of-pocket costs involved in pursuing the case. |
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Always ask the attorney what the fees and costs and how they will be billed before you hire the lawyer. |
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Should I have a written fee agreement? |
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You should always ask the lawyer for the fee agreement in writing. Make sure you understand all the terms in the written fee agreement before you sign it. If you don't understand or want something added to the agreement be sure to talk to the lawyer about it before you sign the agreement and hire the lawyer. |
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What if I have a dispute with my lawyer about fees? |
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If you think your lawyer has not billed you properly for your fees, you should talk directly with your lawyer and try to resolve the dispute with the lawyer directly. If
that does not solve the problem, court rules provide for settlement of attorney fee problems by arbitration. |
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What if I cannot afford an attorney? |
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If you need an attorney but believe that you cannot afford legal fees, contact Florida Rural Legal Services. This office handles some types of civil matters for people under the income guidelines their operations have established. |
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The following is the vital contact information: |
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Florida Rural Legal Services, Inc.
Coordinator: Donna Anne Graf
200 S. Indian River Drive, Suite 101
Post Office Box 4333
Fort Pierce, FL 34948
Phone: (561) 466-4766
Fax:: (561) 489-31176
e-mail: donna@FRLS.org
Website: www.FRLS.org
Pro Bono Hours: Mon., Tues., Thurs. & Fri. 8:30 a.m. - 1:30 p.m. |
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