NACM Webinar Tips for Controlling Legal Costs

Similar documents
Overview of Legal Project Management

OFFICE OF THE TOWN ATTORNEY TOWN OF OYSTER BAY NASSAU COUNTY, NEW YORK REQUEST FOR PROPOSALS FOR SPECIAL COUNSEL SERVICES GENERAL LIABILITY DEFENSE

CLAIMS AGAINST INDUSTRIAL HYGIENISTS: THE TRILOGY OF PREVENTION, HANDLING AND RESOLUTION PART TWO: WHAT TO DO WHEN A CLAIM HAPPENS

For case information, client communication issues, etc., you should first contact the paralegal that assigned the case to you: (443)

POLICY LIMIT DEMANDS - PART II: A VIEW INTO THE OTHER ROOM

Effectively Using Expert Witnesses In Personal Injury Cases

Sue or Settle? Strategic Thinking for Insurance Coverage Disputes (CLM018)

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO

DETROIT HOME MORTGAGE RENOVATION EDUCATION

Objectives. Why do People Sue? Understanding Medical Malpractice 3/2/2014. Discuss reasons why people sue

UE Defense Counsel Guidelines

TABLE OF CONTENTS. 1 Introduction 2 Choosing small claims 4 Going to court 6 Litigation funding 7 Your privacy 8 Further resources

Procedural Considerations For Insurance Coverage Declaratory Judgment Actions

Putting Together a FCRA Punitive Damages Case Against a Debt Buyer. Len Bennett Penny Hays Cauley

Co-Applicant. Phone. Fax. Business Information

RESOLUTION NO RESOLUTION OF THE BOARD OF DIRECTORS OF THE VECTOR CONTROL JOINT POWERS AGENCY REVISING THE LITIGATION MANAGEMENT POLICY

Session Five: Fee Agreements P RESENTED BY R OCHELLE D. WASHINGTON P R ACTICE M ANAGEMENT A DVISOR D.C. B AR

ERISA. Representative Experience

Superior Court of the State of Washington, Yakima County

HOUSTON COMMUNITY COLLEGE OFFICE OF GENERAL COUNSEL GUIDELINES FOR OUTSIDE COUNSEL

TOP 7 QUESTIONS PEOPLE ASK WHEN INVOLVED IN A TRUCK ACCIDENT

Annual Litigation Report

OFFICE OF UNIVERSITY COUNSEL Temple University - Of The Commonwealth System of Higher Education

How to Complete the New SBA 7(a) Litigation 7 Tab Package SOP (Effective Date: March 1, 2013)

ForThePeople.com Representing the People, Not the Powerful 1 Commerce Square, 26th Floor Memphis, TN (901)

TORT CONTINGENCY FEE RETAINER AGREEMENT. Bogoroch & Associates LLP Sun Life Financial Tower 150 King Street West, Suite 1901 Toronto, Ontario M5H 1J9

Mistakes to Avoid If You Are in a Georgia Car Wreck

Session Six: Fee Agreements PRESENTED BY ROCHELLE D. WASHINGTON PRACTICE MANAGEMENT ADVISOR D.C. BAR 2016

ForThePeople.com Representing the People, Not the Powerful 107 South Fifth St. Paducah, KY (270)

Lawyers Professional Liability Claims Trends: 2012

Daniel W. Srsic. Focus Areas. Overview

The Fair Debt Collection Practices Act

UE Defense Counsel Guidelines

1. Why did I get this letter? 2. What is this lawsuit about? 3. Why is this a class action? 4. Why is there a Settlement?

THE ART AND SCIENCE OF MANAGING LEGAL SERVICES* by Leonard Kopelman

COUNTY COUNSEL Budget Presentation

Table of Contents. Introduction... How Many Alternative Fee Arrangements Are There?... Fixed Fees or Flat Fees... Contingency Fees...

Choosing Your Malpractice Provider

SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR SAN FRANCISCO COUNTY

NOTICE OF CLASS ACTION SETTLEMENT AND FINAL APPROVAL HEARING

Third District Court of Appeal State of Florida

Modest Means Program Guidelines and Rules

ELIOT M. HARRIS MEMBER. Eliot M. Harris

Litigation Department: Phase I litigation Phase II Litigation:

Negotiating Business Associate Agreements

14 - Court Determines Damages for Willfully Filing a Fraudulent Information Return

member updates & announcements

WHETHER TO PROCEED OR NOT WITH AN ADVERSE PANEL OPINION By Mark A. Lienhoop November 15, 2000

In the old days, only technology companies had to worry about

Keys to Achieving Efficiency in International Arbitration

SECTION 1 General Information

If you owned property repossessed by Anheuser-Busch Employees Credit Union, you could get valuable benefits from a class-action settlement.

PREPARING FOR ARBITRATION ARBITRATION BEFORE FINRA

University of California, Berkeley, B.A. Economics, with distinction University of California, Hastings College of Law, J.D.

Section 3 Compensation & Classifications

BUYING YOUR FIRST HOME: THREE STEPS TO SUCCESSFUL MORTGAGE SHOPPING MORTGAGES

Medical Professional Liability Issues: The Basics of Medical Malpractice Insurance and Litigation

Thomson Reuters Legal Tracker LDO Index BENCHMARKING & TRENDS REPORT

Securities, Financial and Directors & Officers Litigation. Practice Overview

Before Disaster Strikes! Third Party Vendor Contracts

Third District Court of Appeal State of Florida, January Term, A.D. 2013

OF FLORIDA. ** Appellant, ** vs. CASE NO. 3D ** LOWER TRIBUNAL NO TRIPP CONSTRUCTION, INC., ** Appellee. **

PANEL E: Costly Mistakes!

For Preview Only - Please Do Not Copy

Arbitration Study. Report to Congress, pursuant to Dodd Frank Wall Street Reform and Consumer Protection Act 1028(a)

ForThePeople.com Representing the People, Not the Powerful 2012 S. Florida Avenue Lakeland, FL (863)

Ohio Public Employees Retirement System. Request for Proposal

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

TEXAS HOUSE BILL 1774

Employment. Know Your Rights to. Equal Access to Justice: Legal Aid. Fair Pay. A Guide for Workers in Maryland. Equal Justice for Maryland Since 1911

The Path of Lawyers: Enhancing Predictive Ability through. Risk Assessment Methods

YOUR GUIDE TO PRE- SETTLEMENT ADVANCES

IN-DEPTH CIVIL SEMINAR RULE 508: DEBT CLAIM RULES

DELL SERVICE CONTRACT TAX SETTLEMENT ( Dell Settlement )

How to Prevent Debt from Becoming Uncollectable. Todd Wahl, President - Hunter Warfield, Inc.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

INSURANCE COVERAGE COUNSEL

Obtaining Quality Employee Benefit Plan Audit Services: The Request for Proposal and Auditor Evaluation Process

REQUEST FOR QUALIFICATIONS. FOR Special Counsel: Department of the Treasury. Division of Rate Counsel

E-100 City of Mercer Island Budget

PCLaw Flat Fee Options. PCLaw

REQUEST FOR INFORMATION ALBERTA LAWYERS INSURANCE ASSOCIATION CASE RESOLUTION AND LITIGATION COUNSEL SUPPORT SERVICES This is not a solicitation.

) ) ) ) ) ) ) ) ) ) ) ) NOTICE OF PROPOSED CLASS ACTION SETTLEMENT

DELL SERVICE CONTRACT TAX REFUND CLAIMS SETTLEMENT ( SBE Settlement )

The only way to get a payment. NO LATER THAN MARCH 10, 2011 EXCLUDE YOURSELF NO LATER THAN MARCH 10, 2011 SUBMIT A CLAIM FORM

MALPRACTICE INSURANCE AND BECOMING A PA EXPERT : Jeffrey G. Nicholson, Ph.D., PA-C, M.Ed., MPAS, DFAAPA APALM MEETING NEW ORLEANS 5/22/2018

Division of Risk Management Florida Department of Financial Services. General Program and State Liability Claims Information

Worker Compensation Third Party Recovery Litigation An Explanation of Attorney Fees

Commercial & Healthcare Dispute Trends, Drafting Tips & Initiatives

Navigating Bond Coverage and Claims: Trends and Tips on Getting Claims Paid. Charles Holzman Patricia Corkery

The Business Divorce: Maximizing Value For Clients in Property Settlements Houston Bar Association - Family Law Section, October 7, 2015

NOTICE OF PROPOSED CLASS ACTION SETTLEMENT

THE TRIPARTITE RELATIONSHIP: ETHICAL CONSIDERATIONS AND THE INSURED CLIENT S RIGHTS

Disability, Leave. jackson lewis Preventive Strategies and Positive Solutions for the Workplace ALL WE DO IS WORK

Trends with Legal Malpractice Cases: Pitfalls and Conflict Issues

Can an Insurance Company Write a Reservation of Rights Letter that Actually Protects Their Right to Deny Coverage in Light of Advantage Buildings?

Circuit Court for Montgomery County Case No V UNREPORTED

Checklist and Helpful Tips for Dealing with Liens in Personal Injury Cases

Debt Collection & the Fair Debt Collection Practice Act (FDCPA)

What should worry all insurers? First-party bad-faith lawsuits

Transcription:

NACM Webinar Tips for Controlling Legal Costs Matthew C. Jameson (214) 369-6422 mcj@

Overview 1. Tips for Controlling Legal Costs 2. Attorney Fee Structures 3. Finding/Interviewing Lawyers 4. Attorney Billing 5. Malpractice insurance 6. Expect Professionalism 7. Overview of Litigation Process

Tips for Controlling Legal Costs

Controlling Legal Costs Tips for Minimizing / Controlling Legal Fees 1. Budgets 2. Prepare / Organize the matter 3. Ask for a discount 4. Always remember the attorney is on the clock 5. Don t use a bazooka to kill a mosquito 6. Don t delay in responding / providing information 7. Utilize in-house resources 8. Consider alternative fee arrangements

Attorney Fee Structures Most Common: Hourly Contingency Flat Fee / Fixed Fee Hybrid

Fee Agreements Hourly Attorneys are paid based on the time spent on the matter Less profit potential for attorney, but also less risk Retainer upfront payment

Fee Agreements Contingency Attorney s fee is based on a percentage of the amount collected Creates a partnership between attorney and client For clients: pay more for the certainty that they will not pay unless the case is successful For attorneys: opportunity for grater profit, but there is also a greater risk

Fee Agreements Flat Fee / Fixed Rate Flat Fee will handle the entire matter for a specific amount, regardless of how fast / long Fixed Fee will handle certain parts of the matter for a flat fee; Example discovery, trial, appeal Clients (and their bosses) like the certainty of the flat rates Typically only for cases that the attorney works on regularly and can quote a realistic cost

Fee Agreements Hybrid For some cases, a combination of fee options are used Example: Attorney takes a case for $125/hour ( ½ their standard $250/ hour rate) Attorney also receives 15% of the amount collected if the case is successful, or ½ their standard contingency fee

Finding a Good Attorney A good fit is important! Attorney & Client Relationship Life is Short Customer Service is Important

Verify Qualidications Research the lawyer and firm online Recommendations: Other Lawyers Colleagues NACM

Verify Qualifications Interview the Lawyer: What percent of practice is devoted to collections / litigation? Would other attorneys be working on my case? If so, can I meet them? Based on what you know so far what are the strengths and weaknesses of my case? How much will it cost?

Attorney Billing Demand understandable bills! Require detailed billing which includes per entry: Date Description of work Hours worked in tenths of an hour Total fee Make sure the bills are consistent with your fee agreement Don t wait to raise questions

Expect Professionalism Attorney is representing your business so consider: Personal appearance Office appearance Language Organization Punctuality Responsiveness

Malpractice Insurance What is it? Confirm attorney has malpractice insurance! Ask to see declaration page Need to know the policy limits

Overview of the Litigation Process

Overview of the Litigation Process Who do I sue? Credit Application Personal Guaranty Name on the Invoices Venue Where the lawsuit will be filed Filing of the Lawsuit Cause of Action Sworn Account, Breach of Contract

Overview of the Litigation Process Service of Lawsuit Answer vs Default Judgment Motion for Default Judgment Discovery Questions to Prove Liability

Overview of the Litigation Process Motion to Compel Answers to Discovery Motion for Summary Judgment Trial: Bench Trial vs Jury Trial Time Frame

Questions? mcj@