Hourly

Attorney McCarthy generally charges by the hour, but that can change depending on the complexity of the issue or circumstances of the case. Please either call Scott or discuss the fee during your initial office conference.

Generally, a retainer (up front money) will be required. The amount of the retainer will depend on the complexity of the case. Retainers for divorce are generally either $1,000.00 or $3,000.00. Please click on the divorce section for further information.

Generally, retainers in criminal matters are $1,500.00 for drunk driving cases, $3,000.00 per misdemeanor and $5,000.00 per felony. However, these amounts can sometimes be reduced if the crimes are all part of the same course of action or if resolution seems relatively easy. Likewise, these amounts may increase for tremendously complex cases or cases that are certain to go to trail.

The retainer necessary for general litigation will entirely depend on the complexity of the legal issues and the likelihood or unlikelihood of a trial.

Contingent Fee

A contingent fee is a contract entered into between the lawyer and the client where the lawyer only gets paid if the client recovers money. The lawyer and the client agree on the percentage up front that the lawyer will receive from any recovery. If the lawyer does not recover anything, the client does not have to pay for any attorney fees.

Personal injury cases (car accidents, dog bites, slip and falls, etc.) are often taken on a contingent fee basis either because the case is too risky for the client to bear the cost associated with the hourly attorney fees or the client does not have sufficient up front funds to retain the lawyer on an hourly basis. Contingent fee contracts in personal injury matters call for the attorney to receive 1/3 of any recovery.

Personal injury lawyers are required to give clients the choice of a contingent fee or an hourly fee. If you speak with an attorney that does not give you this choice, they are acting contrary to the Supreme Court Rules and can be disciplined. There may be “slam dunk” personal injury cases where the client would prefer to operate on an hourly basis.

Attorney McCarthy has advised many clients through the years that it would be in their best interests to pay on an hourly basis rather than a contingent fee basis due to the nature of the case. This can often save the client many thousands of dollars. Please inquire about this possibility when speaking with Scott. A lawyer’s duty is not to make money. A lawyer’s duty is to treat his client fairly and zealously represent their interests.

Flat Fee

Some clients are very nervous about being billed on an hourly basis and having no control over how big that bill might become. Clients always have the right to terminate lawyers which obviously stops the attorney fee clock from ticking. Clients also have the right to tell attorneys what to do and what not to do. Scott always talks to clients about strategy and the cost of various courses of action. Unfortunately, legal matters are expensive.

The Flat fee is a method of controlling attorney fees and alleviating risk. Scott will sit down with you and discuss the nature of your case. Sometimes a flat fee situation can be arranged where the client pays an exact amount and there is a contract drawn up guaranteeing the agreed upon amount is the final amount no matter what happens in the case.

In retrospect, sometimes the flat fee arrangement works to the advantage of the client, and sometimes it works to the advantage of the lawyer. For example, a client might pay a flat fee of $3,000.00 to handle a criminal matter. Most criminal matters require at least a couple of court appearances, but if Scott can resolve the matter quickly, he might only have $1,000.00 or $2,000.00 of hourly time into the case in which case it would be a benefit to the firm. On the other hand, if a resolution is not forthcoming, Scott might have to put 25, 50 or more hours into the case in which case the flat fee has worked out to the significant advantage of the client. Feel free to raise those options when meeting with Scott, or call (608) 352-3366.

Call your lawyer - Attorney Scott McCarthy - 608-352-3366 - 205 S. John Paul Rd. Milton, WI

Or Email your lawyer - Scott@mymiltonlawyer.com