Timing truly is everything…
What most lawyers already know but need to be reminded routinely (present company included) is that the “perceived†value of the services we perform for our clients immediately begins to decline as soon as we perform them. Remember, this is the “perceived†value, not the true value or the agreed upon amount of a fee.
For example, on the front-end, that flat fee you quoted to represent an in-custody client for the purposes of seeking a bond might seem extremely fair and reasonable in light of the prospects of regaining his personal liberty. After the fact, however, if he takes the perspective of merely attributing a value to his belief of the actual time and expenses involved in securing a signed bond order on his behalf (possibly even a consent bond), he might not have the same “perception†of the value of your services. This is the old value versus cost debate. And, the only difference is where on the timeline the client makes his value assessment.
This isn’t a unique phenomenon to the criminal defense profession. Realtors understand this concept very well. That’s why they lock up their commission agreements right up front. A six-percent commission to a seller with no prospective purchasers seems absolutely reasonable. That very same seller may get heartburn when a buyer is located and he realizes that the same six percent equates to $18,000 (or more). Personal injury attorneys that operate with contingency fee arrangements also understand and employ this concept well.
As criminal defense practitioners, we’ve all heard comments like “you just made a few phone calls…â€, “you only met with me once or twice…â€, “we never even went to court….â€, “of course they dismissed my charges, I’m innocent…â€, and so on. We all wish it were that simple. And, let’s not forget the seemingly simple cases that require ten trips to the jail, dozens of phone calls, multiple visits to the prosecutor’s office, preparation for a hearing, etc. You know the drill…
What’s the moral of this story? You already knew it. Quote those fees up front and get them paid. If you agree to accept part of your fee after you provide the service, you are usually agreeing to renegotiate your final fees in the matter.
