Blog

See Behind the Curtain – Attorney’s Fees

August 7, 2018 By Chase Carpenter

You can Google every legal topic out there and find a plethora of information – some good, some bad. What’s interesting is that you rarely can find out what you’ll actually pay for legal services. And the truth is that it’s a complicated subject because the Florida Bar has rules for what lawyers can charge for services… and for good reason: to protect you, the consumer. However, lawyers often use those same protections to protect their best secret – their fees. So, the point of this blog is to give real answers (to the best we can) to the question “what’s it going to cost?”

Personal Injury

Most personal injury cases are done on a contingency fee agreement that may or may not include costs. What does that mean? In Florida, we have to charge a reasonable fee that’s in line with our experience and the complexity of the case. Generally, that means a third of your recovery for pre-suit (before a lawsuit is filed) and 40% if a lawsuit is filed (and the other side defends that they did anything wrong… this one has a few details that your attorney should explain in detail and in writing). Any costs from the litigation will also be paid out of your recovery, and that means the costs for the experts who will need to testify for you, obtaining all of your medical records, the court reporter’s bills, and all the other costs as well. Now, that said, there are a lot of nuances to discuss with your attorney, but mainly just be aware that you need to know whether costs are included or in addition to the contingency fee and that the higher your recovery goes (e.g. in excess of a million dollars), the lower the attorney percentage of recovery can be. The long short, expect a contingency agreement where you pay nothing up front, but pay between one third to 40%, plus costs (which can be anywhere from hundreds of dollars to tens of thousands) of any recovery the attorney obtains for you.

Family Law/Divorce

This area can be widely varied, but tends to be a retainer that is billed against for attorney’s hourly rate fees (generally $250-$500 per hour… depends on several facts like the attorney’s experience, knowledge, case load and area in which they practice), and, of course, any costs, like filing fees. The retainer can vary, but you will usually be looking at $1,500 – $5,000 upfront. Sometimes you will see “non-refundable” retainers – that just means that the initial retainer is deemed earned immediately. If the attorney doesn’t do the work or doesn’t bill anything significant against it, they still may have to return it to you. The other form of a retainer is an advance against fees where they will just apply their invoices against the retainer and you will likely have to keep a certain amount in the attorney’s trust account. Non-refundable v. refundable trust account retainers have pros and cons. Again, you need to discuss this with your attorney and find out what you will have to pay for a retainer upfront, what that will likely cover, and if there will be anything extra owed, for instance if your case goes to trial.

Wills

A will or an estate package generally consists of a few documents meant to protect your wishes and your loved ones upon your incapacity or death. It is certainly not a happy subject, but a necessary one. The fees are usually a flat fee – usually $400 – $1,000 depending on the complexity. The more complex, the more components, so the more expensive, but that range gives a pretty good idea of what to expect.

Contract/Lease/Document Review or Drafting

It’s a good idea to have a contract reviewed by an attorney, but it is a big unknown what it will cost – and that goes doubly for drafting a contract. Generally, it is done on a flat fee, but it varies depending on complexity of the particular contract. So, use the attorney’s hourly wage as a basic rubric – $250 – $500 per hour. If it is a flat fee, the attorney will have to estimate their expected time so expect that you will be paying somewhere between $500 – $2,000 for a review and $750 – $3,000 for drafting. Those numbers are very elastic so discuss your goals and budget with an attorney before hiring one.

Lawsuits – Bringing them or Defending them

For the most part, if it isn’t a personal injury case, like an auto accident, or property damage, like following hurricane damage, you are looking at paying the lawyer by the hour. Generally, if you are looking for an attorney to defend you against a lawsuit, you are looking at paying that attorney by the hour. And, if that lawyer doesn’t know you, you will probably be paying a retainer of $3,000 – $5,000. The attorney will then bill against it at the hourly rate of $250 – $500 per hour. So, yes, it is expensive. Some cases, like defamation, may be done on a flat fee around $5,000, but that is the exception and not the norm. You may also find something like a non-refundable retainer around $1,500 – $2,500 that is billed against at the attorney’s hourly rate. Finally, there’s a chance you may find the ability to just get billed a flat fee per month at something like $300 – $500 per month. Generally, this will be involve only a few areas of law like mortgage foreclosure defense, but some attorneys use this fee structure for other cases. Litigation is complicated and expensive, but may be worth it – talk to your attorney and make sure you understand what you are looking at.

Business Representation

In this area, you will find many variations of fee structure, but the most common is a retainer against which the attorney will bill his or her hourly rate. That retainer usually varies with the industry or size of the business or, put differently, with the amount of work an attorney expects to come in from the business. Occasionally, you will see a smaller non-refundable retainer that gets billed against by the attorney. Now, the big businesses hire the biggest law firms and pay really big retainers. However, for most small businesses they likely don’t need that much legal consultation and they certainly can’t afford to spend tens of thousands on legal fees. For most, it is a good idea to have a lawyer that is familiar with them and can quickly handle any questions or needs, but it doesn’t have to be overly expensive. For retainers, you are likely looking at $3,500 – $7,500 and for non-refundable retainers, you are probably looking in the area of $2,500 – $5,000. And, a structure that is becoming more popular is a monthly flat fee set-up where the business pays a lump sum per month, whether services are used or not. The plus is that the fee is predictable, but, of course the downside is keeping track of the cost-benefit because you will be paying each month no matter what was done.

Conclusion – Find a Free Consultation

Here’s the point … most attorneys offer a free consultation and you should take advantage. Whether you meet with one or ten, meet with an attorney to know your options. Once you know the options, you can make the decision that fits best with your situation. Understand that law is a service and a business, but if you find the right attorney it will be worth the investment. Take the time to understand the costs and fees you will be paying… and, most importantly, what to expect in return.

The Elephant in the Room – What’s Your Case Really Worth?

May 11, 2018 By Chase Carpenter

First things first, the internet is lying to you. Inevitably, if you have been injured, this blog is not the first place on the internet you’ve visited to find the answer one of your most important questions – what’s my case really worth? More likely, you started with asking the search-engine lawyer and sifted through mounds of results. Here’s the thing – while you can find enough reading material to read for days, the results are probably pretty unreliable. Many times, injured people come into our office and have a valuation of their case that far exceeds reasonable expectations for a settlement or verdict.

However, it’s not their fault. The internet returns results from outlier cases with million-dollar verdicts. Or, more troubling, it returns web pages from legitimate lawyers and law firms with published settlements. Some law firms advertise case settlements and judgments. Now, the Florida Bar allows this as long as they are verifiable, so, fair enough. However, what is left out from many of these advertisements are the details of the case. High verdicts come with one common thread – high damages. And, to get to high damages, it means someone was hurt badly and permanently, someone died, and/or the person or entity responsible did so with such a high degree of culpability that the court allowed, and the injured was awarded, punitive damages.

So, what the point? The point of this article isn’t to tell you can’t trust anything you read about settlements and judgments. Instead, it is to point out the issues and give you some guidance on how a lawyer evaluates your case. Essentially, it is part mathematical formula, part experience, and part research. When your lawyer first meets with you, he or she is evaluating not only the extent of the injuries and the facts that prove up the case, but he or she is also trying to gauge potential issues with the case – maybe even intangible issues. To simplify things, we’ve broken basic valuation into eight categories.

How much money have you spent out of pocket?

Pretty much the easiest category. If you’ve spent money due to the injury, track it and keep evidence of it. Generally, this is going to be things like medical co-pays, insurance deductibles, and property damage. Depending on the type of case, there could be other items, but the idea is to keep receipts or other proof of payment and let the lawyer decide what’s in and what’s out.

How much money have others spent on you (i.e. how much has health insurance spent on you?)

Again, nothing hidden here – if someone else has spent money on you as a result of the injury, record it and keep evidence of it. Now, that’s pretty easy when we’re talking health insurance or something like Medicare/Medicaid. Your lawyer will request the billing records and get the amounts. It is important to understand that while these numbers are important in giving a valuation to your case, it doesn’t mean you get money back for what someone else spent on you. It’s a bit of a complicated procedural matter, but make sure your lawyer explains subrogation rights – essentially, what part of recovery must go back to your health insurer or to Medicare/Medicaid.

You may think, why even use these numbers if you can’t get money from it. Well, the total of your medical bills is often used by insurance adjusters (and juries) to put a number on “pain and suffering.” While that’s by no means a scientific methodology, it’s the truth, and you need to be aware of it.

How hurt are you – from your doctors’ perspectives?

This is an important one – what do your medical records say? Your lawyer is looking for notes and diagnoses from your doctor(s) that describe severity, permanency, treatment, and, if possible, causation. As I mentioned, in order to get a higher value, it means severe or permanent injury.

How hurt are you – from your perspective?

We’re looking for the intangible here. How’s the pain – on a scale of 1-10? What were you able to do pre-injury and how are you limited now? This is the place where you put into your terms what the doctor put in medical terms. Your lawyer needs to know how your injuries are affecting you and your life. He or she needs to know how you describe the pain, the limitations, the effects on you.

Missed work? Can you work?

Here’s where we start putting numbers on missed days of work and limitations on work. Your lawyer will review pay stubs and tax returns and will want to know if your doctor has placed any limitations on your work. Are you on paid leave? Do you have unpaid leave? Do you qualify for disability? This is an area that is a little more complicated than it may seem on its face. Your lawyer will be able to explain the ins and outs, but it comes down to the limitations and using your documentation to apply the numbers.

How are your relationships with friends and family since the injury?

This is more of a special damage, but the law, in certain circumstances, allows for what’s called “loss of consortium.” Essentially, these damages are fact-sensitive, but it comes down to what the injury has done to your closest relationships – namely your husband or wife. It is a very sensitive and personal subject but can be easily overlooked in valuing your case.

Do we have punitive damages?

Many times, when the internet tells you a number with many zeros, it is because the person or entity that caused the injury did it not with negligent actions, but with something more reckless and intentional. The Court has to allow these based on the facts, but if they do, the jury can grant them. To be VERY clear, these types of damages are extremely rare – most likely, these will not be applicable in your case, but make sure to address them with your attorney.

How will a jury perceive your case?

Most likely, your case, if it goes all the way to trial, will be decided by six strangers. From your first consultation, your attorney is evaluating the facts of your case combined with his or her experience. Perception is reality and though the verdict in your case is clear to you, everyone brings their own biases and experiences into their assessment, so they may not come to the same conclusion you would. The importance of this evaluation is for your benefit. Trial is stressful – you’ll be put on the stand, put in the spotlight. Your medical history, any criminal history, everything about you may be on display, and the final outcome is ultimately left up to six strangers. Nevertheless, it is important to have an ongoing discussion with your attorney as to his or her assessment of how strangers are likely to perceive your case.

In short, putting a number on your case is difficult, but this is what attorneys are there to do. Do not rely on search engine results or even the results published on a lawyer or law firm’s web page. While those are verifiable, they are the settlements and judgments on a totally different case than yours – different injuries, different circumstances, different jury. Have a frank conversation with your attorney and understand the categories upon which they value your case. You may be disappointed to learn that the internet put a big value on what you perceive as a similar case and your lawyer offers a more realistic valuation, but keep in mind that a proper valuation leads to the best possible outcome for you.

Stop Making Excuses – Get a Will!

May 4, 2018 By Chase Carpenter

This post isn’t going to tell you why you should get a will – you know that already… every post, article, or piece of advice about a will since the advent of advice on what to do with your stuff when you die has told you why. Instead, we want you to know how to get a will. First off, it is very easy. And, second, it doesn’t have to be expensive. Now, that’s of course generalized, but, in general, a will doesn’t need to be complicated, and, translated, doesn’t need to be expensive.

It can be a bit daunting when you go online searching to answer that “how” question. A plethora of online companies offer ‘self-help’ options to create a will package. However, each state is different and every person is different, so you need to be careful that you are picking a legitimate site that actually pays attention to the legalities so your will is valid AND you need to make sure you are getting all the advice you need from the blurbs that describe what information you need to input. So, let’s say you already know you want to by-pass this potential ‘self-help’ headache, but you don’t know where to find an attorney to draft your will and you don’t have thousands of dollars to plunk down to get it done… you also don’t have hours to take off work to get it done. Well, that’s where this article may come in handy. Below are some tips on what to look for in an attorney, the questions to ask, and the information you should bring with you for the attorney… oh, and some cost guidelines you might find helpful.

How to find an attorney to draft your will?

Your local Bar Association. Each county has one – check out the website and give them a call… they have attorney referral networks;
Online web search. Now, this is fishing in a big pond with a lot of fish so be careful. Keep in mind that lawyers, like most professions, need clients and they use the tricks of the trade to up their search results.
Sites such as Lawyers.com, AVVO.com, etc. Some are better than others, but these often do provide you with concise summaries of the lawyer’s background and experience. Be aware, though, law firms and lawyers sometimes pay to be on these sites so the field may be more limited than these results suggest.
Talk to friends and family. This is often the best way to find a lawyer you can trust.

What to ask your potential attorney?

We always advise that you ask an attorney their background – what do they practice? How long have they practiced? How many wills have they drafted? We advise this because you need to feel comfortable with your attorney. It doesn’t mean you need an attorney with decades of experience, but it should fit with your needs and comfort level.
How is the will drafted? That is, you should know whether the attorney plans to use a template and whether the attorney with whom you meet is the one that will actually do the drafting. For most wills, attorneys will work from a template, but you should know ahead of time what customization is involved and that you are paying for an attorney’s expertise and not someone to “fill in the blanks.”
How long will the documents take to be drafted? As a general rule, the amount of time depends on a number of factors, but you need to be comfortable with the answer. Once the attorney has all of the information needed from you, an average timeline would probably be within a week or so, depending on the complexity of your will.

What information will be needed?

Previous wills. Go with a broad net here – whether it was self-help, something you wrote on a napkin, something out-of-state, or another will by another attorney… if it was intended to be a will, you need to inform the attorney.
The attorney will need to know what family members are alive – particularly spouses, ex-spouses, children, and step-children.
Bank accounts, retirement accounts, etc. If you have money somewhere, you need to bring the account information. If there’s no account information because it is buried in your backyard, bring a map – no really, bring a map.
Identify your cool stuff. Whether you are a pack-rat or a minimalist, we all have some thing or things we care about and want to pass down. Take a picture of it and be prepared to identify it as specifically as possible.
Deeds, etc. If you have paperwork on something you own (like a house), bring it.
If you have debt, your attorney needs to know about it. It may go away when you pass on, but if the estate will be responsible for it, the will needs to address it.
Names of your most trusted people. Really, a short list. Your attorney will need to put someone in charge of executing the directives in the will… and you’ll need at least one back-up. You’ll also want to think about who you would want in charge of making medical decisions as well as financial decisions.
Business documents. If you own a business, go ahead and bring any ownership documents. It isn’t necessary to include in your will, but your attorney will want to address any business interests to make sure you have covered these aspects.

So, what does a will cost?

ASK! Ask in your consultation what it will cost. Generally, wills are done on a flat fee basis. For a simple will package, that will vary, but somewhere in the $450 – $750 range. Some attorneys may charge by the hour, and that can range from $200 – $500 per hour.
Structure payment. Most attorneys have a reason why they charge what they do, and that charge is commensurate with what is going into the will package. While you may or may not be able to negotiate the rate, you likely can negotiate the structure – such as a payment plan or a deposit and final payment.
More complexity = higher costs, but understand the added cost. That is, if your particular situation is more complex, requiring trusts or certain asset protection plans, the attorney will likely charge more because more work is involved. Make sure you understand this ahead of time. Your attorney should be crystal clear about the cost of the engagement.

No one likes thinking about wills, and we all hate the lecture about why we need one. It is uncomfortable and nothing changes that… unless we find a way to become immortal. So, short of that, it is time to just get a will. It doesn’t have to be complicated and it doesn’t have to be expensive. Remember that attorneys often provide free consultations, so if you know you need one, but are still unsure how it works or what it will cost – or really any questions – contact an attorney and ask.

Feeling Itchy? Don’t Let the Bed Bugs Bite

May 8, 2015 By Chase Carpenter

Ah, a phrase we’ve all surely heard or even used “Don’t Let the Bed Bugs Bite.” For most, it’s simply an endearing way of saying ‘Goodnight’ or ‘Sleep Well,’ but to those who have had the unfortunate experience of rooming with bed bugs, the saying takes on a vastly different meaning. Over the past few years, the creepy crawly blood-suckers have made their ways back to our homes… and, namely, our beds. Maybe you wake up with a few bites, a little itchy, but before long, you notice you’re covered in little red dots and constant painful itching. What can you do? Well, first step is to get an exterminator. And, yes, likely it will be as bad a process as you’ve heard. Bed bugs are very difficult to get rid of so the process is onerous (and worth it!).

Along with getting an exterminator, see a doctor. You want to make sure you take care of any allergic reactions and get the proper course of treatment to limit any significant or potential long term damage (including scarring).

Now, I’ve described a perfect situation – assuming you have control over the situation and know exactly the pest with which you’re dealing. However, unless you are familiar with bed bugs, you may not know what’s bugging you (pardon the pun). So, if you are trying self-help things like throwing out your mattress, you may only be dampening the problem. Bed bugs can be in about anything, including light sockets. Another consideration is where you are experiencing the problems. For example, if you are in a hotel, what do you do? Or, if you are a renter, what can you do? Well, both have a duty to free you of this pest. If you are at a hotel, switching rooms may do the trick, BUT, I would recommend getting out of there. We’ll discuss your legal options shortly.

If you are a renter, you need to contact your landlord immediately to inform him of the situation. Your landlord’s response should be to hire an exterminator immediately and put you up for the duration (or make alternate arrangements). If your landlord takes any action other than immediate remediation, you need to take action. While I would recommend seeing a landlord-tenant attorney familiar with these situations, the Florida Statutes do provide you the tools to do it alone. Provide your landlord with a rent withholding letter stating the bed bug issue and providing reasonable time (generally 7 days) to fix it. If the landlord still decides to take no action, you can provide notice that you are terminating the lease due to his or her noncompliance and you leave.

Now, all of this is not only a headache, but can entail high costs – both financially and physically. What can you do? Well, likely you’ll want to consult with a landlord-tenant attorney who has dealt with bed bugs. Generally, the first step is going to be gathering all evidence of injuries and monetary losses. Your attorney will contact the landlord regarding potential insurance policies to cover the losses. Putting together all of the facts and evidence, your attorney will put together what is often referred to as a “demand package.” Basically, this is what it sounds like – a demand, generally for money. The package should contain an explanation of the claim along with relevant evidence to support the claim. A good demand package can be a really effective tool. From there, negotiations will take place and, if successful, you will have redress. If not, you will have the choice to litigate the matter.

Now, here’s the most important tip I can provide – THIS IS NOT A LOTTERY TICKET. If your attorney tells you it is, you need to find another attorney. Keep in mind that pursuing redress for your losses is just that – redress. Of course, there are exceptions to this rule, but unless you have an exceptional situation, you need to stay realistic about your case. That is not to say you agree to any offer on the table, but only that you never look at this lawsuit – or any lawsuit – as a lottery ticket. You should look at it as a means to make you whole. Prior to endeavoring any lawsuit or redress, you should find an attorney that can walk you through the entire process… and one with whom you have a good fit regarding communication and approach to the matter.

If you find yourself in the unfortunate situation of sharing your bed with bed bugs, call The Law Office of W. Chase Carpenter today for a free consultation.

Got Mold?

May 29, 2014 By Chase Carpenter

Mold is the worst nightmare of any homeowner. Once you find out it’s there, you just want it gone. Unfortunately, the next step is to pay to have it tested and then pay lots more to get it eradicated. But, the alternative is to live with a poison (basically). Who wants to develop constant sinus infections and lung problems? No one, of course – and so you pay it. That’s an easy scenario. But what happens if you’re a landlord of an apartment complex? What if we’re talking about a leaking A/C that’s caused mold in two units? Three units? Four units!? Suddenly, the cost of being a landlord becomes devastating. However, what happens when your tenant starts developing constant sinus infections and his child starts developing asthma? As a human being, you don’t want to put anyone in harm’s way, but legally, putting them in harm’s way may put a legal target on your back. And that’s the point of this blog – to give some tips to landlords about how to deal with the problem and to tenants on what options may be available to them.

Let’s start with landlords. Your rental income depends on keeping overhead low. You don’t want to be called out to the property constantly to fix plumbing issues, air conditioning issues, or broken this or that. So, likely you do a pretty thorough inspection before each rental term and have your maintenance guys go in and make sure everything is good to go. However, it is easy to cut corners and not look into the little things. A leaking air conditioner can be easily overlooked and even if found can be expensive to fix or replace. So, you miss it. Then, next thing you know, you’re getting complaints from your tenant. You fix it. But… have you checked to see what damage was done by the leak? In Florida, it doesn’t take much time for some water to become a huge issue. And if your negligence in not taking proper care of the unit results in mold that causes your tenants injury, you may just find yourself on the wrong end of a lawsuit. So, what can you do? I would say your starting point should be to do a thorough inspection each and every time you rent the unit – and this includes checking for mold. Sure, it may cost you a few hundred bucks, but you’ll have peace of mind and you’ll have documentation that you took that extra step to protect your tenants. If you find mold, fix it – unfortunately, that’s the risk of being a homeowner. The next place I’d advise looking to is your lease. Have provisions that instruct the tenant to inform you of any water leaks or any indication of a problem. Sure, it may mean you get a few more calls, but it will be well worth it if it keeps you from having to eradicate mold or be involved in a lawsuit. Finally, if mold is there and the tenants say they just want out, it might be prudent to let them… but when you sign the release, include personal injury claims in the release (like the ones that could result from mold).

Now, the tenant – what can you do? Well, if you’re moving into a new place, start by asking whether there have been any water issues and whether there have been any mold issues. If you notice you are getting a lot of allergy/sinus/breathing issues, you may want to call the health department to do a screening. If it comes up positive, you’ll want to provide your landlord notice to fix the issue. This is where you may want to contact an attorney to make sure you stay within your rights by the Florida statutes. You may get to the point where you withhold rent (and you have to do it properly) to leverage the landlord into fixing the issue. If the issue is ignored, you need to get out. If you’ve followed the steps, you should be able to terminate your lease (again, an attorney is helpful here). Now, alongside these steps, you may have a suit for personal injury. While this is case specific, if you’ve been injured by a landlord’s negligence, you may have a lawsuit to get compensated for your injuries. Given the number of variables that can affect whether you have a suit or not, it is important that you seek legal counsel before, for example, breaking your lease. If you are able to seek compensation for your injuries, your attorney will likely want to have a professional mold inspection performed in order to have evidence of the claim. However, to be clear, the biggest issue is that you stay out of a mold-infested environment and that you seek medical care when necessary. Mold is a nasty thing – so do not take it lightly.

So, what’s the take away here? If you’re a landlord, it is to take proactive steps and look at the cost as an investment in protection. If you are a tenant, it is to know there are options out there, but that your health is more important than anything. Over the past few years, rentals have become more and more popular. Unfortunately, some landlords have taken demand as an excuse to shortcut maintenance. Do not take mold lightly. If you are a landlord OR a tenant and think you may have a mold issue, take action, and take action now.