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LEGAL FEES AND COSTS
Murane & Bostwick, LLC has prepared this page for general information concerning Wyoming law and practice. The information below does not constitute legal advice with respect to any particular circumstance. You should not act, or refrain from acting, based upon any information provided. If you have a question or a problem which may involve legal issues or relationships, you should seek the assistance of an attorney.
Although it is often difficult to predict in advance what the legal fees and costs might amount to in any particular circumstance or for any particular case, there’s nothing secret about legal fees and costs. The best rule is to ask your attorney about the fees that will be charged and the costs that can be anticipated. You wouldn’t buy a car without knowing the price. You shouldn’t retain a lawyer without at least having some idea what it’s going to cost. That said, arranging for legal services is very different from buying merchandise. The following descriptions of legal fees and costs are typical arrangements, and are not intended to cover all possible fee arrangements.
Contingent Fees. Certain kinds of cases are often handled on a "contingent fee" basis. Contingent fee cases are almost always those where the claimant (the plaintiff) seeks a money recovery and the payment of the legal fee is contingent upon - that is, the attorney’s right to a fee depends upon - recovery of money from the person or corporation or governmental entity that is sued. For instance, the claim for a money recovery by someone who is injured in an accident is usually, although not always, handled by the attorney on a contingent fee basis - that is, if nothing is recovered, then there is no fee. Contingent fees vary widely with the nature of the claim, and may be as low as 10% and as high as 50% of the recovery. Contingent fees of 25% if recovery is obtained before filing suit and 33 1/3% if recovery is not obtained until after suit is filed are typical. A formal written agreement will normally be required in contingent fee cases.
Collections. Debt collections can be handled on a contingent fee basis, but the attorney may agree, or may require, that an hourly or flat fee be paid. The formal documentation for some debts, such as a promissory note, often provides that if the person who owes the account fails to pay, and formal collection proceedings are necessary, that a reasonable attorney’s fee can be added. While there are several possible fee alternatives in such a situation, the attorney may, for instance, agree to accept the amount that the court awards; or may agree or require payment of an hourly fee (and that the client will receive the amount of legal fees awarded, be they more or less what the attorney charged by the hour); or, if the attorney does a lot of collection work for that client, may charge a flat fee per collection.
Flat Fee. Some attorneys charge a "flat fee" for a particular kind of case, typically a simple divorce, a simple will, or the defense of a minor traffic violation. The problem is that some of these matters turn out to be not so "simple" or "minor." The flat fee agreement of most attorneys usually contains provisions to require payment on an hourly basis where additional services are necessary.
Hourly Fees. By far the most common fee arrangement for legal services is payment by the hour. Attorneys’ hourly fees can range from $60 an hour to several hundred dollars an hour, depending upon various factors, including the attorney’s experience and expertise and the nature of the services to be provided. The same attorney may charge one fee for certain work, for instance, reviewing file materials or evidence, another fee for a hearing or depositions, and still another for appearance at trial. Hourly private attorney fees in Wyoming typically range from $75 an hour to $200 an hour. Hourly fees may also be charged for paralegal services. Fees charged for the work of a paralegal (often referred to as a "legal assistant") range in Wyoming from $30 per hour to $70 per hour. Those retaining the services of an attorney on an hourly basis should have a clear understanding of the hourly fees they will be obligated to pay, and, as well, the number of hours that the attorney believes will be necessary to complete the assignment. Again, it is important to note that it is often difficult to determine in advance the amount of time necessary to perform the services needed. Nonetheless, the attorney should keep the client currently appraised of the status of the claim, case or assignment, so that the client can assess whether to continue, expand or curtail the activity. (Clients must keep in mind that in litigation it may not be possible to stop the process or curtail the services. Once a suit is filed, the court has substantial control, and may not permit a case to be dismissed or an attorney to withdraw.)
Costs. Often clients think of costs, when compared to attorney’s fees, as being relatively minor, such as filing fees or service of process fees. In litigation, however, and for certain other legal services, costs can run many hundreds, sometimes many thousands, of dollars. In significant commercial or personal injury litigation, for instance, there are the fees of expert witnesses, sometimes hundreds of dollars more per hour than the fee being charged by the attorney; reporter’s fees for depositions and hearings; travel expenses incurred in attending depositions or hearings outside of the home base of the attorney; mediation fees; the costs of exhibit preparation; and fees for the medical examination of a claimant. In a document intensive case, copy costs alone can run to four figures. Those engaging legal services must understand that although the attorney may advance such costs, the client, and not the attorney, is ultimately responsible for the payment or reimbursement of such costs. This is true, also, of contingent fee cases. If there is a recovery in a contingent fee case, and if the attorney has advanced the costs, those costs, like the contingent fee, will be deducted from the recovery. If there is no recovery, although there is no fee, the client remains liable to the attorney for any costs the attorney has advanced.
Retainers. Depending upon the nature of the claim or defense, your past relationship with the attorney and other factors, your attorney may request a "retainer." A retainer is a cash advance from the client paid in advance to the attorney which will be deposited into the attorney’s trust account. In an hourly fee case, retainer funds held in the attorney’s trust account may be applied to fees after they have been earned, or, as in the case of a contingent fee case, may be an amount intended to pay for costs as they arise. As your case proceeds, additional retainers may be necessary to cover ongoing fees or costs.
In connection with legal services provided by Murane & Bostwick, LLC, you are urged to discuss the fees to be charged and the costs that are anticipated. For Murane & Bostwick attorney resumes, click HERE.
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