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Ihfe and Associates PC One Castle Hills 1100 N.W. Loop 410 Suite 500 San Antonio, TX 78213 |
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Q. What should a person look for when selecting a lawyer?
A. Of foremost concern should be the experience of the attorney in the particular area of law applicable to your case or situation. Some attorneys may hold a certification of specialization in a particular area of law. Other considerations include: (1) an attorney's reputation (positive or negative) in the legal community, (2) the legal resources available to the attorney, (3) the current caseload of the attorney and (4) the financial resources available to yourself and / or the attorney, depending on the dictates of your case.
Q. Why do some lawyers charge more than others?
A. As a general rule, more experienced attorneys charge more on an hourly basis than less experienced attorneys. In addition, attorneys that specialize in a particular area of law may charge more on an hourly basis than general practitioners. This is especially true in areas such as intellectual properties (i.e. trademarks, copyrights, etc.), tax, aviation or maritime law. This is a result of supply and demand. The fewer competent attorneys practicing law in a specific area, the greater the demand for their services. Thus, those attorneys generally charge more for their services.
Q. What are the common types of fee arrangements with an attorney?
A. The type of fee arrangement may depend on several factors, including: (1) the nature of your case and / or situation, (2) the underlying facts of your case and / or situation, (3) state law or regulations and (4) the discretion of the attorney. Fee arrangements may be on an hourly basis, a contingency basis and / or a combination. If the fee arrangement is on an hourly basis, a non-refundable retainer is normally required to be deposited with the attorney against which attorney's fees and costs will be billed as they are incurred. The client may be required to replenish that retainer as those funds are depleted. If the fee arrangement is on a contingency basis, the client has granted the attorney an interest in any recovery that is obtained in that case. The attorney's interest is usually determined as a percentage of the total recovery obtained in that case. It is up to the discretion of the attorney whether or not the attorney will: (1) advance monies to pay the costs and expenses incurred in the case or (2) require the client to deposit monies with the attorney to pay costs and expenses as they are incurred. Unless state law regulates the manner in which an attorney may receive payment for legal services for a particular type of case (i.e. family law), then the fee arrangement is generally a product of the discretion of the client and the attorney.
Q. How long should I expect it to take to resolve my case?
A. Because the facts of each case are distinctly different and there are so many variables that can come into play during the course of litigation, an honest attorney will be unable to provide you with a definite answer. Some cases can be resolved quickly, while others require more work. While an attorney may provide you with an estimate of the length of time it will take to resolve your case based upon his or her past experience, you should remember it is only an estimate, which could change as your case develops.
Q. Who decides, on my behalf, whether to settle my case or not?
A. The client should always make the final decision as to whether or not to settle a case. The attorney should advise the client of the known strength of the client's case and the risks faced in taking the case to trial. However, an attorney should never settle a case without first obtaining the client's consent to do so.
