The terms “fees,” “costs,” and “expenses” can be unclear in the legal context. In practice, these terms (and the related term “retainer”) are used as follows:
“Fees” (or “legal fees”) refer to money charged by a lawyer for doing legal work on your matter. Fees can be charged by the hour, as a flat amount, or as a percentage of the amount obtained for the client (i.e., contingency), or a combination of these methods. However, the term “fees” can sometimes refer to other items, such as “filing fees” that are charged by a court to file a lawsuit, or a fee charged by the county recorder to record a deed, or fees payable to a notary. (As noted below, in these contexts, the fees can instead be considered “costs” or “expenses” to differentiate them from legal fees.)
A “retainer” is also known as a “deposit.” The retainer is the amount of money that must be paid up front, to be kept in a trust account by the attorney, and to be used for payment of fees and costs. A retainer may be required to be replenished regularly, or may be a one-time payment. If a one-time payment is required, clients are generally billed monthly after the retainer is exhausted.
“Costs” usually refers to the expenditures incurred to handle or pursue legal matters, and are sometimes referred to as “expenses.” The term “costs” is routinely used in the litigation context, and it refers to money paid or payable to third parties (the court, copy services, expert witnesses, process servers, etc.) as well as to certain in-house expenses (e.g., copying, mailing, long-distance phone charges, etc.) that are not a part of the law firm’s regular overhead.
STANDARD FEES FOR SERVICES
Personal Injury Matters: Fees are on Contingency (negotiable, but usually 1/3 of gross recovery)
Civil Litigation (excl. continency matters): $300/hr. (Typical Retainer $2,500 – $10,000 depending on the case)
Estate Plans:
Living Trust Plan (Couple): $2,500
Living Trust Plan (Individual): $1,500
Will Plan (Couple): $1,000
Will Plan (Individual): $750
note: Estate Plans generally include Powers of Attorney and Advance Health Care Directives, along with a Deed to transfer real estate to a living trust. Other ancillary documents are also included and may differ from plan to plan.
Trust Administration: $300/hr. ($2,500 retainer)
Probate Administration: Paid out of estate assets according to standard formula. (See California Probate Code Section 10810)
Other Matters: Fees are negotiable
Disclaimer: Discounts are available to members of certain legal plans, and vary by plan. The above fees reflect typical charges, but fees remain negotiable and subject to change. The above amounts are not binding and are not considered an offer for services. Actual fees charged for any particular matter or service must be agreed by the attorney and client.
