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Civil, Commercial and Complex Business Litigation
Commitment to Alternative Fee Arrangements
If you are interested in an alternative fee structure for legal services other than traditional hourly billing, Hiller Law is happy to accommodate you. Court cases can bring risk and uncertainty to you and your business -- as it relates to both the outcome, and with some firms, the cost. Unlike many law firms, however, we are willing to enter into risk-sharing arrangements with our clients to lower your risk. In return for investing some amount of our traditional fees in your case, or for taking on other risks associated with future results and costs, we can reach a fee arrangement based on particular agreed-upon parameters, as opposed to strictly the amount of time we devote to your case. Our agreement will be kept in strict confidence.
Hiller Law will work with you at the outset to find an alternative fee arrangement that works best. Although this may take additional effort at the very beginning of our relationship, it is likely to be beneficial to you and to us in the long run. This is because we are committed to providing you with fee arrangements that are more closely attributed to the value of the service provided and the benefits that you feel you have received -- not simply charges based on the number of hours poured into the case. Thus, your costs will be more predictable, our invoices are less confusing, and the costs and value of the services you receive will be more closely associated. Hiller Law believes this alternative model will breed more efficiency for you and for us.
To better increase successful pricing, it is crucial for its nature and components to be specified at the outset of the engagement. It requires transparent communication; an in-depth client-attorney relationship; an early dialogue about the goals and objectives in the case; and proper planning and monitoring of tasks, budgets and timeframes for execution.
Although there are several alternative fee arrangements, one size does not fit all cases. Every matter is different and some cases present more challenges for alternative fee arrangements than others. Of course, if you are more comfortable with the traditional billable hour model, we can do it that way too. But if you are seeking a new type of billing arrangement, there are several options we can consider or combine in any manner that makes the most sense.
A phased fee arrangement can work for a wide variety of litigation matters. Although the path that a particular case may take from beginning to trial or appeal can vary, each tends to involve distinct phases. We can work with you in advance to identify each phase we expect in your case and the scope of estimated work for each. We then can agree upon a set fee for each phase and a timetable for payment.
A fixed or flat fee arrangement would involve either a single fixed fee or flat monthly fee for a clearly defined scope of work. This type of fee can be considered in situations where you would like us to perform either a single discreet task, handle a number of cases collectively, or perform some other agreed-upon amount of work for an expected duration. Appeals may also be well suited for a fixed fee arrangement.
Value/Partial Contingency Fee
A value or partial contingency arrangement has two main components. First, we would receive only a portion of our typical hourly fee as the work was completed. Second, we would receive a smaller percentage of any monetary recovery obtained or other successful result that meets a predetermined goal or milestone. Although these arrangements are more typical in business disputes involving a plaintiff seeking to recovery money, a value fee arrangement can be used for defense cases as well.
Success or Holdback Fee
Under a holdback or success fee arrangement, you would pay only a portion of our fees and the remainder would be withheld by you or held in escrow to be paid after the completion of our engagement, or only if a particular goal or result is met in the case. This arrangement can be used in defense cases or where the matter does not involve fixed amounts of money in dispute.
In a capped fee arrangement, a target fee is agreed upon at the outset of the engagement. If our fee turns out to be higher, you would only pay a set percentage of the amount that was above the target fee. This shares the risk of cost overruns more equally between us. This can be used in combination with other fee arrangements.
Hiller Law PLLC
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1000 CentreGreen Way, Suite 200
Cary, North Carolina 27513