Following are examples of alternative fee arrangements we have used in the past. We are always willing to consider these and other alternatives to standard hourly billing.
FLAT FEE WITH HOLD-BACK
- Client pays a fee equal to 80% of its historical outside counsel cost for similar cases (the "flat fee").
- 20% of the flat fee is held-back by Client until the end of the case.
- 80% of the flat fee is paid in installments over the expected life of the case.
- If the case concludes before the end of the expected life of the case, Client is not obligated to pay any remaining installments. If the case exceeds its expected life, Client is not obligated to pay any additional fees. Any concern that a case will be prolonged in order to collect more installments is addressed by payment or non-payment of the portion of the fee held-back, as discussed below.
- If the case is resolved to Client's sole satisfaction, we are paid either, some or all of the following at Client's discretion: (1) the remaining installments; (2) the amount held-back; (3) a 20% bonus calculated on (1) and/or (2).
- If the case is not resolved to Client's sole satisfaction, we forfeit all sums unpaid and/or held back.
HOURLY FEE WITH HOLD-BACK
- Client pays firm 80% of the hourly rate charged by each timekeeper.
- 20% of the hourly fee is held-back by Client until the end of the case.
- If the case is resolved to Client's sole satisfaction, we are paid 200% of the value of the time held-back.
- If the case is not resolved to Client's sole satisfaction, we forfeit the fees held-back.
CONTINGENT FEE
- When Client is a plaintiff or a counterclaim plaintiff, the fee would be a % of the net recovery in excess of defendant's last offer before litigation or arbitration is instituted.
- When Client is a defendant, the fee would be a % of the savings below plaintiff's last demand before litigation or arbitration is instituted.
YEARLY RETAINER
- Client pays firm a fixed fee per year. In exchange for payment of the fixed fee, the firm agrees to handle all cases for Client up to a certain negotiated number or involving a particular type of dispute.