Hiring or Retaining an Oil Spill Lawyer on a Hourly Fee Basis

by Oil-And-Gas-Law

In addition to hiring an oil spill lawyer on a contingent fee basis someone who has an BP Gulf oil spill claim can pursue their claim for reimbursement or money damages by hiring or retaining a lawyer on an hourly basis.

If you choose to hire a lawyer on an hourly basis you will have to confront three, sometime harsh, economic realities.

First, a lawyer that knows what he/she is doing will have a good idea of the amount of time they may have to invest in pursuing a claim and their retainer requiement will reflect this. So, if a lawyer knows that a claim, if it doesn’t settle, may take 100+ hours to resolve, the lawyers request for a retainer will reflect this analysis. This could mean a retainer of $25,000.00 or more, just for the lawyers time and office overhead, will be required. So be prepared for a substantial up front cost or payment.

Second, experienced lawyers or trial lawyers that accept retainers to be billed against on an hourly basis, will often charge $250.00 to $400.00+ an hour. So the bills can add up quickly and retainers may need to be replenished. Worse, the “control” of the fees or time invested isn’t entirely in the lawyer’s hands. The defendant or defense counsel can often “run up the bill” by filing motions (extra legal proceedings in court) or by fighting about every little issue of fact or law. So the final legal fee or bill can far exceed the retainer and can be unpredictible.

Third, in addition to “payin the lawyer” a client, in a non-contingent fee case, will usually be expected to pay for all expert fees and costs, in addition to any other out-of-pocket costs paid by the lawyer or law firm. Such costs can add up quickly, as a single expert – one who might have to travel to examine evidence and travel again to appear for a deposition – can quickly run up a bill in the thousands of dollars.

So, before you agree to retain an oil spill lawyer on an hourly basis you will need to very carefully assess the viability of your oil spill claim, the complexity of your claim, the need for expert testimony, the size of your claim, and your ability to pay and fund the prosecution of your claim to the point of settlement or judgment, and possibly an appeal.

In most cases, the “safest” approach to retaining a lawyer to pursue an oil spill claim will be on a contingent fee basis, but each case must be evaluated on its own to make that decision. Since many law firms will offer a free initial consultation in accident or injury claims you will likely be able to discuss your case with more than one lawyer before choosing a law firm to handle your claim.

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