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  • Lawyers on Fixed Fees

    Would a lawyer accept to take a case to trial and conclusion no matter what on the basis that there is a fixed max reasonable budget (10,000$) but they are obliged to properly represent all the way to a final hearing. Talking brampton type region....

  • #2
    Originally posted by Links17 View Post
    Would a lawyer accept to take a case to trial and conclusion no matter what on the basis that there is a fixed max reasonable budget (10,000$) but they are obliged to properly represent all the way to a final hearing. Talking brampton type region....
    No. I have never heard of one that would. (One that is reputable and not a sham.)

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    • #3
      Come on man you're hiring a Family Law lawyer - not a contractor to install a new kitchen and deck in your house. Though it would be nice if Family Law lawyers worked like contractors.

      Comment


      • #4
        Though it would be nice if Family Law lawyers worked like contractors.
        Do you mean the part where the Small Claims docket is filled with people suing their contractors for not doing the work? Or limited retainers?

        Would a lawyer accept to take a case to trial and conclusion no matter what on the basis that there is a fixed max reasonable budget (10,000$) but they are obliged to properly represent all the way to a final hearing.
        Maybe, depending on:
        - the issues/work involved
        - if you are willing to leave the running of the case in their hands
        - $10k isn't getting you through a trial, but if the number were higher - maybe.

        If that is your budget consider trying to settle. Another option would be to find a lawyer who takes legal aid cases and see if they will maintain that rate for trial. You are not going to get the Cadillac but you might find the used Honda runs pretty well. Or is a lemon.

        Comment


        • #5
          Originally posted by OrleansLawyer View Post
          Do you mean the part where the Small Claims docket is filled with people suing their contractors for not doing the work? Or limited retainers?
          Neither really. Just a generalized statement. But to your question, lawyers (not all) accounts get assessed all the time. I could see those lawyers being on the docket list for not doing their work. Allow me to rephrase, if lawyers could set realistic expectations and know how much work is involved and how much it could cost, that would be great, instead of the whole yeah yeah you've got a case and a half $9000 and I'll get you all of this. $35,000 later the lawyer is still running around in circles trying to find her socks. That was just my old lawyer tho, I cut her final account in half. The new lawyers good - he's actually restored my faith in the legal profession.

          Good cop, bad cop.
          Last edited by trinton; 04-04-2017, 05:44 PM.

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          • #6
            Do you mean the part where the Small Claims docket is filled with people suing their contractors for not doing the work?
            Neither really. Just a generalized statement. But to your question ...
            It was a joke.

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            • #7
              Well I suppose it's great for a lawyer to give you a quote but how do you deal with that when the other side is unreasonable? If a trial should cost you $35,000 and the other side delays and delays and delays, you're going to owe your lawyer more because they have had to go to court a dozen times rather than the 2 trips is should have taken.

              Compare again to a contractor. They quote you for a Reno but then open up your walls and discover a electrical nightmare, leaking pipes, unsteady supports etc, their price will go up.


              Sent from my iPhone using Tapatalk

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              • #8
                Originally posted by OrleansLawyer View Post
                It was a joke.
                Yeah that one clicked in a little late.

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                • #9
                  Originally posted by Berner_Faith View Post
                  They quote you for a Reno but then open up your walls and discover a electrical nightmare, leaking pipes, unsteady supports etc, their price will go up.


                  Sent from my iPhone using Tapatalk
                  That's their problem not yours. They either finish the job or you hire a new contractor to finish it and sue them for the difference. But that brings us back to this discussion we are already having. Would a lawyer.. yeah let's just stop going in circles.
                  Last edited by trinton; 04-04-2017, 06:57 PM.

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                  • #10
                    Obviously settling would be ideal but assuming the other party is just dragging out as much as possible what can a lawyer do to just get to trial and skip all the useless stuff. Most of the things you are saying Orleans are on the table (more money,. Manage the case, depending on complexity)

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                    • #11
                      Originally posted by trinton View Post
                      That's their problem not yours. They either finish the job or you hire a new contractor to finish it and sue them for the difference. But that brings us back to this discussion we are already having. Would a lawyer.. yeah let's just stop going in circles.


                      Disagree... if you hire a contractor to demo a wall or something but neither of you have any idea what is in that wall, it is not the contractors fault. Possibly your fault as the home owner for not knowing your home? Similar to a lawyer... if you don't provide all the details up front, yet the lawyer discovers you are dealing with an unreasonable ex and you were not 100% forthcoming, that is your fault. But very typical response of someone who never wants to take responsibility. Life happens and things come up but let's blame the contractor and lawyer for not being mind readers. [emoji849]


                      Sent from my iPhone using Tapatalk

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                      • #12
                        Originally posted by Berner_Faith View Post
                        Disagree... if you hire a contractor to demo a wall or something but neither of you have any idea what is in that wall, it is not the contractors fault. Possibly your fault as the home owner for not knowing your home? Similar to a lawyer... if you don't provide all the details up front, yet the lawyer discovers you are dealing with an unreasonable ex and you were not 100% forthcoming, that is your fault. But very typical response of someone who never wants to take responsibility. Life happens and things come up but let's blame the contractor and lawyer for not being mind readers. [emoji849]


                        Sent from my iPhone using Tapatalk

                        False. I take responsibility whenever I am at fault. If a contractor misquotes or doesn't know what the hell he is doing or talking about because a) he doesn't have the experience b) he is desperate for a job, and enters into a _BINDING_ contract, he is _BOUND_ to finish the job. If he doesn't, then the law is very simple, you hire another contractor to finish the work and you sue the old contractor for the difference. If the contractor sets realistic expectations and you both agree in the contract that the quoted price may fluctuate depending on what's inside the wall, then that is different.


                        You see the difference between a Family Law Lawyer and a contractor is that the lawyer doesn't quote the cost of the litigation in the agreement. I already posted that a lawyer and contractor don't work the same. Did you read that post? Doesn't sound like you did. However, if a lawyer says they will get the job done with $9000 (Setting false expectations) yes of course I'm going to get pissed off at the lawyer. That is what the lawyer knowing how unreasonable the other parent was/is. If you're going to throw numbers out, then why won't you just say you could expect anywhere from $5000 to over $60,000 to accomplish this. Lawyers should be honest up front setting realistic expectations. Anyone who you hire to do anything for you should. They're the experts, not us.

                        “Always” and “Never” statements are frequently used by people when they are arguing in order to emphasize or illustrate the merits of their position. “Always” and “Never” statements are usually exaggerations, which serve an illustrative purpose and are understood by both parties to be hyperbole and not literal. As the self-contradicting adage says, “Always and Never statements are always false and never true.”

                        “Always” and “Never” statements are also very frequently used by individuals who suffer from personality disorders, because they fit neatly into the split, black and white world of their thinking. They are most often used in an accusatory, argumentative or self-pitying way.
                        Last edited by trinton; 04-05-2017, 09:53 AM.

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                        • #13
                          Wow that ^ was uncalled for.

                          I think the current, typical manner in retaining lawyers works if the client has their shit together:

                          You meet with the potential lawyer and discuss your situation and of course the costs anticipated/typical for a contested divorce. At this point the lawyer knows little about your situation unless you have provided a brief/summary prior to your initial meeting with the lawyer. Many people do not do this. You also have to review, very carefully, your expectations with the lawyer. Hindsight is futile.

                          You pay a retainer (let's say 5,000.00 for example). You sign a retainer agreement which sets out the arrangement in great detail.

                          You ask for a monthly invoice. Many people do not do this. The monthly invoice has a break-down of costs. You will see very clearly of how much it costs each and every time you phone/email or meet with your lawyer. You will see how much it costs for the lawyer to send and receive communication on your behalf. After receiving your first invoice you can extrapolate the amounts and get a fairly good idea of how much the matter is likely to cost you. Of course, you have already set out a "plan of action(s)" with your lawyer.

                          At this point you make the decision to carry on with this lawyer or hire another one. If you decide to dismiss the lawyer, you will receive a final invoice/statement and if there is money left over from your $5,000.00 (how many times did you call/meet with your lawyer?) you will receive a refund.

                          I do not see any mystery in this process at all. If client wants to micro-manage the lawyer then the costs will be reflected on the bill.

                          If I were a lawyer I would never agree to a set amount to take a matter through trial. There are too many unknowns (client or client's ex may be suffering from mental health issues - to just name one).

                          I'd recommend retaining a lawyer and be as organized as possible. Also helps if one is realistic in expectations.

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                          • #14
                            Originally posted by Links17 View Post
                            Obviously settling would be ideal but assuming the other party is just dragging out as much as possible what can a lawyer do to just get to trial and skip all the useless stuff. Most of the things you are saying Orleans are on the table (more money,. Manage the case, depending on complexity)
                            Something I became aware of through the years of dealing with a lawyer was the power of the lawyer's personal contacts with opposing counsel. This is something that the lawyer gains through the years of practicing law. When a lawyer can pick up the phone and have a conversation with opposing counsel it can often lead to resolution and insight into some issues.

                            Comment


                            • #15
                              Originally posted by Berner_Faith View Post
                              Disagree... if you hire a contractor to demo a wall or something but neither of you have any idea what is in that wall, it is not the contractors fault. Possibly your fault as the home owner for not knowing your home? Similar to a lawyer... if you don't provide all the details up front, yet the lawyer discovers you are dealing with an unreasonable ex and you were not 100% forthcoming, that is your fault. But very typical response of someone who never wants to take responsibility. Life happens and things come up but let's blame the contractor and lawyer for not being mind readers. [emoji849]


                              Sent from my iPhone using Tapatalk
                              Very typical response from an self centered, ignorant, ALWAYS and NEVER person.

                              Be very cautious of people who use NEVER and ALWAYS to negatively describe other people.

                              “Always” and “Never” statements are frequently used by people when they are arguing in order to emphasize or illustrate the merits of their position. “Always” and “Never” statements are usually exaggerations, which serve an illustrative purpose and are understood by both parties to be hyperbole and not literal. As the self-contradicting adage says, “Always and Never statements are always false and never true.”

                              “Always” and “Never” statements are also very frequently used by individuals who suffer from personality disorders, because they fit neatly into the split, black and white world of their thinking. They are most often used in an accusatory, argumentative or self-pitying way.

                              Not sure why this was removed from my initial post ? If you're going to direct something negative at others be prepared for a response. We're all entitled to our opinions.

                              Comment

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