When Does Hiring a Lawyer Not Work Too Well?
This subject leads to a “ballpark” response, or to be more literal, a generalized answer. So, here are some broad guidelines.
In a legal matter between lawyer and client, such as the preparation of a Will, or the purchase of a home or business, it generally pays to retain a lawyer, who may charge $250 to $500 per hour. Of course, the larger the matter, the easier it is to pay these rates, which can mount up.
On the other hand, if it deals with trial work, or a heavy duty negotiation, and the size or amount involved is $100,000, or less, it depends on the probability of winning or a favorable outcome to determine whether the client will benefit. To put it another way, a thought out determination must be made to decide whether it is cost-effective to proceed. This is especially true if extensive litigation ensues, because the fees and costs mount up quickly.
If you win, then it probably will work out, although the legal fees will eat into your winnings, even if you collect. You may even be awarded legal fees by the court, but once again you must collect to make it all work out. If you lose, you not only have to pay your lawyer’s fees, but on top of that, the court may award attorney’s fee to your opponent, which can be substantial.
What’s the answer? Some possibilities are :
A lawyer could reduce his hourly rate commensurate with the size of the legal matter involved, especially if litigation ensues. The litigants may settle the lawsuit. Of course, this depends on both parties coming to a mutual understanding and the ability to compromise, which can be difficult, if bitterness between the parties is prevalent.
The lawyer, especially for those clients who have little means, could agree to work free. During these hard times due to the recession more and more people are showing up in court, or representing themselves in a foreclosure action, a debt collection in a bankruptcy, and related situations, except when they are incorporated, often leading to an adverse result.
What’s the possible answer? Generosity and a moral attitude to be of assistance to the public would “do the trick.”. “There’s a crisis in this country,” said John Levi, board chairman of Washington, D.C.-based Legal Services Corp. the largest funder of civil legal aid for the poor. Legal Services Corp. has retained many legal experts to prepare recommendations to hopefully get more lawyers to provide free services.
-JS
