My fees are based on the reasonable value of my services determined in accordance with the Texas Disciplinary Rules of Professional Conduct. My fees are based primarily (but not exclusively) on my standard hourly billing rate, which is $300 per hour.
The value of my services may not always be reflected in my hourly billing rates. For example, I have made a substantial investment in computer hardware and software, including document assembly programs. This enables me to perform certain tasks in a much shorter time than otherwise. In such cases, the client benefits from my ability to perform legal services quickly. On the other hand, the value of the services may then exceed the amount that would ordinarily be billed on an hourly bases. As a consequence, I reserve the right, consistent with the Texas Disciplinary Rules of Professional Conduct, to adjust the fees charged to the value of the legal services rendered when not otherwise reflected in my hourly rates.
Factors which are also considered in setting fees include the following:
- the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service;
- the likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer;
- the fee customarily charged in the locality for similar legal service;
- the amount involved and the results obtained
- the time limitations imposed by the client or by the circumstances;
- the nature and length of the professional relationship with the client;
- the experience, reputation, and ability of the lawyer or lawyers performing the services; and
- whether the fee is fixed or contingent on results obtained or uncertainty of collection before the legal services have been rendered.
In addition to my fees, I am entitled to payment or reimbursement for expenses in performing legal services such as travel expenses (including mileage, parking, airfare, lodging, meals, and ground transportation), messenger and delivery services, expenses for production of demonstrative evidence or visual aids, court filing fees, and similar expenses. Further, I am normally entitled to payment for costs and services such as photocopying, long distance telephone, telecopying, postage, expenses, mail, delivery and computerized legal research and other so-called "on-line services", which services may be charged at more than my out-of-pocket cost. Moreover, I may advance fees and expenses of others (such as experts, investigators, witnesses, consultants and court reporters) and these fees will be passed on to the client, and in most cases, will be billed directly to the client.
From time to time I handle cases on a contingent fee basis. Whether this is possible depends on the amount in controversy, the probability of success as well as other factors. I enjoy contingent fees cases because they allow me to spend as much time on a case as I think necessary without worrying about increasing fees on an hourly bases.
Clients are normally required to advance and pay the costs and expenses of litigation, including filing fees, deposition costs, travel, expert witness fees and expenses, and the like. Clients are normally reimbursed for these expenses from any recovery before the payment of a contingent fee. These details will be specified in a written fee agreement.
An example of a case I recently handled on a contingent fee basis is Cause No. 34251-3, Estate of Joe Bob Winston, In the County Court at Law No. Three, Nueces County, Texas. This was a contested estate case.
The value of the judgment in the Winston case exceeded $1 million. The case was ultimately settled after trial and entry of judgment but before appeal.
Results obtained depend on the facts of each case. Every case is different. Similar results may not be obtained in your case. Past performance is no guarantee of future results.
In addition to fees on an hourly or a contingent fees basis, I am always willing to explore alternate fee arrangements.