Blog: Lawyer’s Insight on legal
matters:
- Relationship with My Lawyer
-
"Lawyer's Insight' is a periodic blog by Mr. Samore on
current legal issues that informs readers how current,
legal events influence Americans' lives. If you would like
to ask Mr. Samore to address a particular concern which
you may have, simply send an email to the address at left
with subject "Questions for Lawyer's Insight."
Click on the links below to quickly reach a particular
topic, or just scroll down to read what is of interest.
Other sources of information from Mr. Samore are on
the Common Questions and About Us pages of this
website.
If you don’t see a link to a topic of interest, check the other Lawyer’s Insight pages.
Relationship with Your Lawyer
•
How do lawyers determine what to charge for a case?
•
What are the most important things Attorneys and Clients owe each other?
How do lawyers determine what to charge for a case?
July 15, 2013
HELP ME UNDERSTAND HOW YOU LAWYERS DETERMINE WHAT YOU CHARGE US FOR TAKING OUR CASE?
Another good question. Whatever the subject be, we tend to base the fee we quote to you as what we expect it will cost to
handle the entire case. Because you will be hiring us after only one conference at our office, it is impossible to speak with
certainty as to what will happen down the road. Every once in a while, things occur that neither of us could have anticipated
and may increase (or decrease) your costs of litigation.
This uncertainty is why most of us lawyers have to quote both a "retainer" and an anticipated "case fee." A retainer is the bare
minimum that it will take to get our office to take the responsibility of a new case, and, as I usually tell new clients, it may,
indeed, cover all attorney fees and costs of the whole case. We just do not know, at least at the beginning, what lies ahead.
While some law offices have retention contracts of six-ten pages in length, we keep ours to a single, simple page and, because I
am a solo practitioner, I get to decide whether we take the case. You and I have to trust each other. I want to like my clients
and, thank goodness, almost always do.
I will give you a fair quote, because I do not want you to ever be surprised by what a case may cost. I respect your time (which I
consider as valuable as mine) and won't even schedule you for your first appointment until you understand that good lawyers
ain't cheap. Just to get you to hire us, we won't quote fee estimates way below what we know it will take. Too many lawyers do
this to land their new clients, and I consider it devious and extremely unfair. I want every person we meet, whether they hire
us or not, to refer other people to our office because you were favorably impressed by our telling you the truth about your case
and your costs We get most of our clients from referrals by former clients and other attorneys.
more about our approach
What are the most important things Attorneys and Clients owe each other?
July 15, 2013
WHAT IS THE MOST IMPORTANT THING AN ATTORNEY OWES A CLIENT?
No doubt about it, HONESTY. Whether we are representing you on criminal or family law matters, you have every right and
need for an attorney who tells you the truth.
We won't mislead you here just to get you to hire us to
represent you or your loved ones. We shall tell you the
truth about what representation in your case will cost and
what the risks are if you decide to go all the way through a
trial. For example, if an attorney tells you that he can
represent you on a child custody and time-sharing for
$3,000, that attorney is lying. You can quote me on that;
child custody cases do not get resolved for that little
amount of lawyer time. If an attorney "lowballs" you
(that is, misrepresents how much it will really cost to do a
thorough job), one of two things will happen: the lawyer
will keep asking you for more money to handle the case or the lawyer will do a crappy job and you will suffer.
In the same way, Honesty from your lawyer is essential for you to determine what the risks are of trying to settle your case. In
family law, "settling your case" means compromising on what you want with the other side, who should also have to give up
something they want. In a criminal case, it may mean plea bargaining your case. (Someone else asked me about "plea
bargaining," so, if you have questions about that, you can check that answer elsewhere in this website.) When you go to trial,
you never know what to expect and, sometimes, both sides are unhappy with the outcome. Had they worked together better
before the trial, they might have fashioned a more balanced result.
I do not decide to settle or to try your case. Al I can ever do is give advice, and the decision will be yours. In order to work
toward any kind of a compromise in either type case, you better make darned sure that your lawyer knows the facts and the law
that applies to your case. On occasion, we can effectively present evidence in your favor to the other side that will tilt the result
your way, and you won't even have to go through the expense and gut-wrenching stress of a trial.
The good lawyers, however, can make no promise as to outcome; the only promise we can make (and try to deliver) is to do
our best. Doing our best includes always telling your the truth about your exposure and dangers as well as your strong points..if
a lawyer just tells you before you hire him or her how great your case is, you can bet they are just trying to get you to hire them.
Honesty includes telling the truth to you from the beginning of your relationship as attorney and client, even when the truth
may be a little painful.
WHAT IS THE MOST IMPORTANT DUTY I OWE MY ATTORNEY?
The same thing: HONESTY. If you do not tell us the truth about the bad as well as the good in your case, we cannot effectively
represent you. Let us know of the problems and what the other side may say about you (even if you do not think that it is true),
because that is the only way we can prepare to effectively respond.
more about our approach
Samore Law • 505-244-0450
Practicing in Albuquerque and across the State of New Mexico
Mailing address: PO Box 1993, Albuquerque, NM 87103
Street address: 300 Central Ave SW, Suite 2500W, Albuquerque
John Samore
Blog: Lawyer’s Insight on legal
matters:
- Relationship with My Lawyer -
"Lawyer's Insight' is a periodic blog by Mr. Samore
on current legal issues that informs readers how
current, legal events influence
Americans' lives. If you would
like to ask Mr. Samore to
address a particular concern
which you may have, simply
send an email to the address at
left with subject "Questions for
Lawyer's Insight."
Click on the links below to
quickly reach a particular topic, or just scroll down to
read what is of interest. Other sources of
information from Mr. Samore are on the Common
Questions and About Us pages of this website.
Samore Law
505-244-0450
Practicing in Albuquerque and
across the state of New Mexico
Mailing address: PO Box 1993, Albuquerque, NM 87103
Street address: 300 Central Ave SW, Suite 2500W, Albuquerque
If you don’t see a link to a topic of interest, check the
other Lawyer’s Insight pages.
Relationship with Your Lawyer
•
How do lawyers determine what to charge for a
case?
•
What are the most important things Attorneys and
Clients owe each other?
How do lawyers determine what to charge for a case?
July 15, 2013
HELP ME UNDERSTAND HOW YOU LAWYERS
DETERMINE WHAT YOU CHARGE US FOR
TAKING OUR CASE?
Another good question. Whatever the subject be, we
tend to base the fee we quote to you as what we
expect it will cost to handle the entire case. Because
you will be hiring us after only one conference at our
office, it is impossible to speak with certainty as to
what will happen down the road. Every once in a
while, things occur that neither of us could have
anticipated and may increase (or decrease) your
costs of litigation.
This uncertainty is why most of us lawyers have to
quote both a "retainer" and an anticipated "case fee."
A retainer is the bare minimum that it will take to
get our office to take the responsibility of a new case,
and, as I usually tell new clients, it may, indeed,
cover all attorney fees and costs of the whole case.
We just do not know, at least at the beginning, what
lies ahead. While some law offices have retention
contracts of six-ten pages in length, we keep ours to
a single, simple page and, because I am a solo
practitioner, I get to decide whether we take the case.
You and I have to trust each other. I want to like my
clients and, thank goodness, almost always do.
I will give you a fair quote, because I do not want you
to ever be surprised by what a case may cost. I
respect your time (which I consider as valuable as
mine) and won't even schedule you for your first
appointment until you understand that good lawyers
ain't cheap. Just to get you to hire us, we won't
quote fee estimates way below what we know it will
take. Too many lawyers do this to land their new
clients, and I consider it devious and extremely
unfair. I want every person we meet, whether they
hire us or not, to refer other people to our office
because you were favorably impressed by our telling
you the truth about your case and your costs We get
most of our clients from referrals by former clients
and other attorneys.
more about our approach
What are the most important things Attorneys and
Clients owe each other?
July 15, 2013
WHAT IS THE MOST IMPORTANT THING AN
ATTORNEY OWES A CLIENT?
No doubt about it, HONESTY. Whether we are
representing you on criminal or family law matters,
you have every right and need for an attorney who
tells you the truth.
We won't mislead you
here just to get you to
hire us to represent
you or your loved ones.
We shall tell you the
truth about what representation in your case will
cost and what the risks are if you decide to go all the
way through a trial. For example, if an attorney tells
you that he can represent you on a child custody and
time-sharing for $3,000, that attorney is lying. You
can quote me on that; child custody cases do not get
resolved for that little amount of lawyer time. If an
attorney "lowballs" you (that is, misrepresents how
much it will really cost to do a thorough job), one of
two things will happen: the lawyer will keep asking
you for more money to handle the case or the lawyer
will do a crappy job and you will suffer.
In the same way, Honesty from your lawyer is
essential for you to determine what the risks are of
trying to settle your case. In family law, "settling
your case" means compromising on what you want
with the other side, who should also have to give up
something they want. In a criminal case, it may
mean plea bargaining your case. (Someone else
asked me about "plea bargaining," so, if you have
questions about that, you can check that answer
elsewhere in this website.) When you go to trial, you
never know what to expect and, sometimes, both
sides are unhappy with the outcome. Had they
worked together better before the trial, they might
have fashioned a more balanced result.
I do not decide to settle or to try your case. Al I can
ever do is give advice, and the decision will be yours.
In order to work toward any kind of a compromise in
either type case, you better make darned sure that
your lawyer knows the facts and the law that applies
to your case. On occasion, we can effectively present
evidence in your favor to the other side that will tilt
the result your way, and you won't even have to go
through the expense and gut-wrenching stress of a
trial.
The good lawyers, however, can make no promise as
to outcome; the only promise we can make (and try
to deliver) is to do our best. Doing our best includes
always telling your the truth about your exposure
and dangers as well as your strong points..if a lawyer
just tells you before you hire him or her how great
your case is, you can bet they are just trying to get
you to hire them. Honesty includes telling the truth
to you from the beginning of your relationship as
attorney and client, even when the truth may be a
little painful.
WHAT IS THE MOST IMPORTANT DUTY I OWE
MY ATTORNEY?
The same thing: HONESTY. If you do not tell us the
truth about the bad as well as the good in your case,
we cannot effectively represent you. Let us know of
the problems and what the other side may say about
you (even if you do not think that it is true), because
that is the only way we can prepare to effectively
respond.
more about our approach