How much a lawyer costs would depend on the type of work involved. Generally, a lawyer would charge in three ways:
- Hourly
- Flat fee
- Contingency
Hourly billing
In an hourly billing, the lawyer will charge you per hour worked. When a lawyer answers your email, does legal research, writes a pleading, or discusses your case with associates to prepare a legal strategy, these activities all count as hours worked. Usually, the lawyer will ask you to sign a retainer agreement, which is a downpayment for the hours worked. The retainer fee is deposited in a trust account. As the lawyer works and bills you, the amount of hours worked and billed will be taken from the retainer fee. When the retainer fee is exhausted, the lawyer will request for a new deposit so work in the case can continue.
Hourly rates will depend on the location, the type of work, and the experience of the lawyer. New lawyers charge a lower hourly rate than older lawyers with more experience in a particular area of practice. The type of work can also influence the hourly rate. Sometimes, lawyers working in traffic offenses might charge lower than lawyers working in trusts, wills, and estates. The most influential factor, however, in the hourly rate is the location. Lawyers practicing in a rural area will have lower hourly rates than lawyers practicing in a metropolitan area, such as New York City. In New York, hourly rates range from $250 to $500 per hour.
Flat fee
Lawyers will charge a flat fee on certain types of work, especially work where the hours are controllable. Flat-fee work usually occurs in contract drafting, drafting of wills and trusts, uncontested divorces, real estate closings of single family homes, apartments, condos, or coops. In these cases, the lawyer generally does not deal with an adversary, where hours can be dragged on longer. A lawyer can typically forecast how many hours it will take to draft a will, an employment contract, or a shareholders agreement. In the same way, a lawyer can foresee how much time it will take to handle an uncontested divorce where both parties agree on all issues regarding the divorce and the lawyer’s job is to handle the preparation of documents and filing. However, once a divorce becomes contested and issues arise regarding custody or division of marital property, the flat fee proposed will not apply anymore. This is because a contested divorce will require more hours, talking with the client, negotiating with the opposing counsel, and appearing before the court.
Here are some examples of flat rate fees to give you an idea of how much certain legal work in New York costs:
- Drafting of wills, durable medical power of attorney, health care proxy: $1200
- Drafting of trusts: $5000
- Drafting of employment contract, articles of organization, or other business-related standard documents: $5,000
- Uncontested divorce: $2,000
- Real estate closings for single family homes, condos or coops: $1,500
Contingency fee
Lawyers will charge contingency fees in high stakes cases where your case is strong and large amounts may be awarded, such as personal injury, insurance, and medical malpractice cases. Here, the client does not pay any upfront amount, but if the lawyer is able to successfully recover any award or settlement for the client, the lawyer will be entitled to an amount equivalent to 30 to 40% of what has been recovered plus its legal fees and other expenses.
Hiring a lawyer is expensive. However, there are times when it is inevitable, especially when you need to protect and preserve your rights. A good lawyer will be able to explain to you the costs that a case might entail and advise you on the most cost-effective way to achieve your objectives, whether outside of or through litigation.
Should you need assistance, we, at the law offices of Albert Goodwin, are here for you. We have offices in New York City, Brooklyn, NY and Queens, NY. You can call us at 212-233-1233 or send us an email at [email protected].
What Influences Hourly Rates
Hourly rates vary widely based on several factors:
- Experience. Senior partners at major firms can charge $1,000+ per hour while new associates may charge $200-300. Sole practitioners with substantial experience in their area may charge $400-600.
- Practice area. Complex tax law, securities law, and patent law typically command higher rates than general practice or family law.
- Firm size. Large firms with overhead-intensive structures (Manhattan office space, support staff, etc.) typically charge more than smaller firms.
- Geography. NYC rates substantially exceed rates in upstate New York. Rural areas have the lowest rates.
- Specialization. Specialists in narrow areas command premiums over generalists.
- Demand. Lawyers in high demand for specific reasons (reputation, results, accessibility) can charge more.
How Hours Are Tracked and Billed
Lawyers using hourly billing track their time in increments — typically tenths of an hour (6 minutes). Common time categories include:
- Research. Time spent investigating legal issues, reading cases, statutes, and regulations.
- Drafting. Time preparing documents, pleadings, contracts, or correspondence.
- Client communication. Phone calls, emails, meetings with the client.
- Opposing counsel communication. Negotiations and correspondence with the other side.
- Court appearances. Time in court including waiting time.
- Travel. Time getting to and from meetings, court, depositions. Some firms charge full rate, others half rate for travel.
- Document review. Reading and analyzing produced documents.
- Strategy and planning. Internal time developing approach to the case.
Clients should review monthly invoices carefully and ask questions about any entries that seem unclear or excessive.
Common Issues with Hourly Billing
Several concerns arise with hourly billing arrangements:
- Block billing. Multiple tasks lumped together making it hard to assess individual time entries. Detailed billing showing each task separately is preferable.
- Excessive time for simple tasks. Routine work that should take 30 minutes shouldn't take 3 hours.
- Multiple attorneys on the same task. Two attorneys reviewing the same document doubles the cost; clarify when this is appropriate.
- Senior partner time on basic work. Partner rates for tasks that should be delegated to associates.
- Administrative time charged at attorney rates. Filing, mailing, scheduling should not be billed at attorney rates.
- Phantom billing. Time that was not actually spent. Rare but possible.
Alternative Fee Arrangements
Beyond hourly billing and traditional flat fees, alternative arrangements have emerged:
- Capped fees. Hourly billing but with a maximum amount. Provides predictability while preserving the hourly billing structure.
- Phase-based fees. Different fixed amounts for different phases of the matter (filing, discovery, motion practice, trial).
- Success fees. Combination of reduced hourly rates plus bonus for successful outcomes.
- Subscription-based arrangements. Monthly fee for ongoing legal services.
- Hybrid arrangements. Combination of hourly, flat, and contingency elements.
Alternative arrangements work well in specific contexts. The right structure depends on the matter type, predictability of outcomes, and client preferences.
Estate Planning Specific Fees
For estate planning work, common pricing structures include:
- Basic will package. $500-$2,000 typically covers a basic will, durable power of attorney, health care proxy, and HIPAA authorization.
- Trust-based plans. $3,000-$10,000 for a revocable living trust package including pour-over will, powers of attorney, and asset transfer assistance.
- Complex estate plans. $10,000-$50,000+ for plans involving multiple trusts, business succession, sophisticated tax planning.
- Annual review and updates. $500-$2,000 typically covers ongoing review and minor changes.
Prices vary substantially by firm and complexity. The right benchmark is what comparable work costs in your area among comparable attorneys.
Estate Administration Fees
For estate administration (probate or administration), several fee structures are common:
- Hourly billing. Most common for moderately complex estates. The total depends on the work required.
- Flat fees for specific tasks. Some attorneys offer flat fees for filing the initial petition, with additional fees for further work.
- Percentage of estate. Less common, but some attorneys charge a percentage of the estate value.
- Court-approved fees. The Surrogate's Court can review and approve attorney fees, particularly for accounting proceedings.
For typical estate administrations, attorney fees range from $5,000 for simple estates to $25,000+ for complex ones. Contested matters can substantially exceed these ranges.
Contingency Fee Cases
Contingency fees apply when the attorney's payment depends on success in the matter. Common features:
- No fee unless the client recovers something.
- Standard contingency rates of 33.33% in pre-litigation settlement, 40% after litigation begins, in personal injury cases.
- Lower rates (25-33%) in some types of cases (workers compensation, social security).
- Plus expenses, which are typically advanced by the lawyer and reimbursed from any recovery.
- Written contingency fee agreement required by court rules.
Contingency fees give clients with limited resources access to legal representation. The lawyer accepts the risk that the case may not produce a recovery in exchange for a higher rate if it does.
Reducing Legal Costs
Clients can reduce legal costs through:
- Providing organized information at the outset rather than requiring the lawyer to extract it piece by piece.
- Responding promptly to questions and requests.
- Asking questions to clarify what you don't understand rather than later in proceedings.
- Considering settlement seriously when reasonable offers are made.
- Following the lawyer's procedural advice about timing and document handling.
- Doing administrative tasks yourself (collecting records, contacting third parties for documents).
- Engaging the right level of expertise for the matter (not over-engaging on simple matters).