My current rate is $300 per billable hour. All of my time spent on your matter is billable regardless of the activity performed, but at the same time, I am not a greedy person. Hourly rates are tracked to the nearest 0.1/hour, and I round down when appropriate to show the client that I respect their wallet. All costs incurred including court costs, publication costs, substantial postage, substantial printing and copying, and so forth, are reimbursed in addition to the hourly rate. Nominal printing and postage costs are generally waived, because again, not greedy, and these are just a cost of doing business. The below areas may be appropriate for a flat fee, on a case by case basis. In addition, if you need an attorney who practices in an area that I do not, I am always happy to refer you to a trusted colleague.
Estate Planning. A Trust package including a revocable living trust, “pour over” last will and testament, general durable powers of attorney, healthcare powers of attorney, living wills, and one transfer on death deed is generally billed on a flat fee basis at $3,000. A Will package includes a last will and testament (without a trust, but with all of the other documents mentioned above) cost half as much at $1,500. Although these numbers are the standard flat rate, less complicated estate plans may be quoted at a lower price. I always advise my clients whether I recommend a trust based plan or a will based plan at the end of the initial consultation, and it is always the client’s final decision on which type of plan to use. Flat rates include all fees and printing, filing, and postage costs (flat means flat!). Additional deeds, may require in an additional fee and filing cost, but the client is advised of additional costs during the initial consultation so there are no surprises.
Bankruptcy. A Chapter 7 bankruptcy is billed at a flat fee of $3,000, which includes all attorney fees for a standard bankruptcy and all of the normal costs of preparing and filing the petition. The flat fee covers the $338 case filing fee, fees for taking the required credit counseling course and financial management course, and the cost of obtaining credit reports through the bankruptcy software, so in the vast majority of cases, the flat $3,000 is all the client will pay, and approximately $400 to $500 of that fee represents included costs. A retainer deposit of $1,000 is required to start work, and the remaining $2,000 must be paid before the petition is filed. This fee and cost represent the work required in a normal bankruptcy proceeding, and this cost does not include any litigation or adversarial proceedings. This is explained in detail in the schedules to the petition and the attorney representation letter.
Chapter 13 bankruptcy fees are billed hourly at $300/hr, plus costs of $313 to the Court. $1,000 shall be required for work to commence, and the remainder of the fees and costs can be paid through the plan (as part of the plan payment to the Trustee).
Probate/Administration. Probate cases are billed hourly at the standard hourly rate. Every client is different in this area and has different needs which cannot be adequately predicted by a flat fee. A “normal” (i.e., everything goes as smoothly as possible) probate or administration generally costs around $7,000 to $10,000, but this is only an estimate of the minimum cost and not the maximum. An appropriate probate/administration representation takes as much billable time as it takes, based on the facts and law in your case. A simplified probate like a determination of descent or a small estate affidavit is usually a good candidate for a flat rate, on a case by case basis, after considering various factors like whether a will exists, and whether real estate is involved. A standard determination of descent including real estate is generally billed at a flat rate of $3,000, which includes all attorney fees and costs, with additional fees added if litigation or a negotiated settlement are required. A determination of descent without real estate (only personal property like bank accounts) may be billed at a flat $1,600, or hourly for litigation or a negotiated settlement.