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Attorney fees in SC – How Much Does an Attorney Cost?

Attorney fees in SC – How Much Does an Attorney Cost?
Axelrod & Associates, P.A.
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How do lawyers determine how much the attorney fees will be in different types of cases?

In this article, we will discuss what you can expect to pay in attorney fees and costs based on the type of attorney you are retaining, including:

  • Personal injury attorney fees,
  • Criminal defense attorney fees,
  • Family law attorney fees,
  • Workers’ compensation attorney fees, and
  • The potential court costs and expenses.

Is the Attorney’s Fee Reasonable?

Rule 1.5 of the Rules of Professional Conduct requires that an attorney’s fee be reasonable. Whether a fee is reasonable depends on factors like:

  • The time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly,
  • The likelihood that the acceptance of the particular employment will preclude other employment by the lawyer,
  • The fee customarily charged in the locality for similar legal services,
  • 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.

Based on these factors and others discussed below, reasonable attorney fees can vary from case to case.

What are the typical attorney fee arrangements in different types of cases?

Personal Injury Attorney Fees – How Much Does an Auto Accident Lawyer Cost?

In most personal injury or car accident cases, attorneys charge a contingency fee that can range from 33% to 40% or more of your recovery.

The most common contingency fee charged in personal injury cases – including car wrecks – is one-third of the client’s recovery calculated before fees and court costs.

Although a contingency fee is the most common arrangement in personal injury cases, some attorneys may charge a flat fee or an hourly rate. If this is the case, you should make sure you understand why the attorney is not asking for a contingency fee agreement because it could mean that your case is not likely to succeed on the merits.

Criminal Defense Attorney Fees – How Much Does a DUI Lawyer Cost?

How much does a criminal defense attorney or a DUI lawyer cost?

In most cases, your criminal defense lawyer will charge a flat fee that must be paid up front based on factors that include:

  • The seriousness of your charges,
  • The unique circumstances of the case,
  • The complexity of the legal issues,
  • The time it will take to prepare the case for trial, and
  • The likelihood that the case will go to trial or be resolved out of court.

Flat fees paid in advance can be considered “immediately earned” in a criminal case, but the client must agree and must be notified in a written fee agreement:

  • Of the scope of the services to be provided and the nature of the fee agreement,
  • Of the total amount of the fee and terms of payment,
  • That the fee will not be held in a trust account until earned (it is a flat fee, not a retainer that will be billed against),
  • That the client can terminate the attorney-client relationship, and
  • That the client may be entitled to a partial or total refund if the agreed-upon services were not provided.

The agreed-upon services cannot be “get a dismissal or acquittal,” however, because contingency fee agreements are prohibited in criminal cases.

Family Law Attorney Fees – How Much Does a Divorce Lawyer Cost?

How much does a family law attorney cost?

In most cases, divorce lawyers will ask for a retainer that is placed in a trust account until earned. The attorney will then bill for their services on an hourly basis and ask the client to replenish the retainer when it is used up.

Sometimes, a divorce lawyer will charge a flat fee like a criminal defense attorney’s fee arrangement. This only works in cases where it is reasonably certain how much work will be involved in the case, as with simple, uncontested divorces.

A family law attorney cannot charge a contingency fee that is contingent upon the attorney securing a divorce or based upon the amount of alimony, child support, or property received in the divorce.

An attorney can, however, charge a contingency fee to collect past-due alimony or child support.

Workers’ Compensation Attorney Fees – How Much Does a Workers’ Comp Lawyer Cost?

Workers’ compensation attorney fees are calculated like other personal injury cases, but the amount of the attorney fee is limited by state law.

The attorney’s fee cannot be more than one-third of your recovery in a workers’ comp case, and, before any disbursements are made, your attorney must submit the proposed costs and attorney fees to the commission.

The commission must then approve the attorney fees and costs in a written order before any disbursements are made to the attorney or client.

Court Costs and Expenses

The client is always responsible for their court costs and expenses, but, in many personal injury or workers’ comp cases, the attorney pays these up front.

This way, the client pays nothing up front, and the costs including attorney fees are then disbursed from the settlement or proceeds after a verdict.

Depending on the type of case, court costs could include:

  • “Evidence fees” in workers’ comp cases,
  • Fees charged by medical providers for medical records in workers’ comp and other personal injury cases,
  • Fees charged by your doctors in workers’ comp and other personal injury cases,
  • Filing fees,
  • Deposition costs,
  • Expert fees,
  • Mediation costs, and
  • Other costs associated with the representation.

Got Axelrod?

If you have been injured due to someone else’s negligence, your Myrtle Beach personal injury lawyer at Axelrod and Associates will help you to determine whether you have a valid claim, who is liable, and how to make them pay.

Schedule a free consultation with your Myrtle Beach car crash attorneys on the Axelrod team today. Call us at 843-353-3449 or fill out our contact form to set up a free initial consultation about your case.

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