The questions, "How Much Will it Cost," is the question most lawyers here in the Trenches dread. The answer is usually, "It depends." We know that's not what clients want to hear. Heck, when I was a client, it wasn't what I wanted to hear. It's also an unsatisfying answer for those of us here in the Trenches. Let's do a deep dive.
You know that I was not only one who toils here in the Trenches, but I was also a client. I hated being a client. I hated my first attorney. Why? Two reasons. First, that attorney didn't listen to me. I knew my ex-husband better than anyone, and I knew how he would conduct himself. My attorney wouldn't change the way they did things to match it. They also gave me legal advice that I knew was wrong, (did I mention I'm a family law attorney?), but that's another story for another day. I despised being treated as though I had nothing useful to add to the conversation and that my opinion didn't matter. Second, I hated not knowing how much money I would have to pay my attorney each month. If I were not a professional here in the Trenches, I wouldn't have known if they were over-charging me or if they were charging me for unnecessary things. I knew, however, that I hated opening that monthly envelope with my bill and not knowing how much money I would have to gather to pay them. I hated that it seemed that they were more interested in billing me that in helping me. I hated that they were being rewarded for taking more time.
When I got to my second (and last) attorney, I had a very different experience. First, I was treated as someone with helpful information to share. Second, this attorney capped my bill. He didn't quote me a flat fee, but he did tell me that once my bill reached a certain amount, that was it (Of course my bill reached that amount.). I have to tell you, that knowledge made me relax because I knew how much money I needed in order to complete my case. I could plan ahead. I could budget for it. I could concentrate on worrying about the case itself instead of also fretting about paying my lawyer.
Here's the difference between me as a client and my clients. I know how much legal representation can cost. I know how expensive even a run of the mill contested case can be. I chair the fee dispute committee of my local bar association. I am the ultimate educated consumer of legal services. Most of my clients are not. Most of my clients have no clue as to how much legal representation can or should cost. Most of my clients are uninformed about the process. Most of my clients are too scared/angry/overwrought to think clearly, just as I was (which is why I stayed with the wrong attorney a billing cycle too long). That means in any discussion about process or about fees, my clients are lost. They have no benchmark - for anything. It's no good telling them to ask lots of questions because they don't know what questions to ask and they don't know what's a good answer. They don't know what's a reasonable fee. It's sort of like when my grandpa used to go into the grocery store. He never did the grocery shopping, so every time he entered a store, he was shocked at how high the prices were because he had no frame of reference. Everything was way too expensive for him. Everything is far more expensive than a client thinks it's going to be when they set out to hire a lawyer.
I struggle with how to set a fee that's fair. Right now, like almost every other lawyer I know, I charge by the hour. It upsets me to do it. Why? Because it's not time I'm selling. I am selling my expertise, my knowledge, and advice. I'm giving the clients the benefit of my legal knowledge and my 30 years of experience. The question should not be how long will it take me to resolve your issue, but how much it is worth to you to have it resolved in a way that is acceptable to you. Unfortunately, the only way that conversation can be productive is if the client has a realistic view of the value of legal services, and most ordinary consumers do not. They're like my grandpa in the grocery store. So, rather than have an in-depth conversation on value, especially with overwrought people, most lawyers default to the hourly rate. It's just easier - for all of us. Or is it? More to come. Here in the Trenches.
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