Use a rooster to avoid wasting the client’s time on fixed-fee legal services

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Despite the myriad benefits associated with fixed fees—from the efficiency of rewards instead of time to the elimination of tedious timekeeping—most attorneys have yet to embrace them. One of the concerns attorneys have about fixed fees is that the arrangement encourages a client to call every minute or leaves attorneys holding the bag against overzealous opposing counsel who are prone to filing motions about everything.

Click here to view video on fixed costs – https://www.facebook.com/124918837530631/videos/382244012605222

However, lawyers are not without support. One resource is your own expertise and data. When looking at client invoices, consider how long cases generally took to resolve and price accordingly. If an attorney opposes the lawsuit, additional hours will be averaged against cases that settle quickly.

But kharos (scope of work) is the most powerful tool that lawyers have to prevent the possibility that the client or opposing counsel will close your time. By paying attention to opposing counsel, you can research and learn about their performance in specific cases. If your objection is perceived as aggressive, you can offer a stipulation that a flat fee applies only to responding to two proposals, and other requests are billed at an hourly rate. The same applies to customers – if you want to avoid long calls, encourage unlimited emails under your contract, but charge extra for phone calls. And if you’re worried about 24/7 emails, tell customers that the agreement covers unlimited responses to emergency emails (you can define emergency in your agreement) and that a fee applies to other emails. A limited scope of work offers the best protection and helps customers understand your practices and preferences.

For more ideas on fixed costs, take a look at the video above or my article from a few years ago, Six Ways to Avoid Paying for Fixed Costs.

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