Jennifer L. EllisEthics / Professional Responsibility LawyerPhiladelphia, PA ·
Some lawyers take flat fees, some do not. It depends on the practice area (in some areas it is not allowed) and the matter. You frequently see flat fees in simple real estate matters and wills. You might see them in a straight forward divorce, or certain kinds of criminal cases. You will not see them in personal injury cases, which are generally done on contingency.
I agree with the prior two answers. Many lawyers are rethinking the hourly rate arrangements with clients. I do flat fee task arrangements on a variety of matters, including family law, coporate formations, and landlord tenant matters.
Sometimes attorneys price certain services as "flat fee," independent of subject matter or practice area. For example, my firm offers attorney-client consultations at a flat fee, but prices on-going legal representation by the hour. The legal subject matter is not a factor in pricing of services.
The defining mechanism between flat fee and hourly charges is usually this: if the attorney can accurately predict or control the time that will be necessary to do the work, a flat fee is a very workable and sound charge basis. If there is an opposing or adverse party in the mix, the attorney cannot control or even predict the course of the matter or the time necessary to accomplish the work. Very few lawyers and firms will offer a flat fee where the quantity and complexity of the work to be done cannot be budgeted for and tightly controlled.