A survey of lawyers suggests that clients have unrealistic expectations or misperceptions about fees
Website design By BotEap.comIn my national survey of lawyers, lawyers talk about the kinds of unrealistic expectations or client misperceptions they have encountered when clients approach or consult with them. One of those unrealistic expectations or client misperceptions falls into the category of “which lawyers should be paid, when and if they should be paid for the services they provide.”
Website design By BotEap.comThe general sentiment of lawyers is the prospect’s or client’s point of view of lawyers and their role has been distorted by Hollywood and 50 years of TV law heroes. Those clients who do not have regular contact with lawyers, and/or their only contact with them is when they are in trouble, are likely to have more misperceptions about lawyers and what they do and can do for their fees. Many seem to assume that the fees should be the same or similar to what a television client paid to “Perry Mason” or other television attorneys, for example: ie, nothing. Law-oriented entertainment shows, which are often the go-to for many clients’ beliefs about lawyers and the law, rarely if ever discuss fees. From a practical standpoint, doing so would be distracting for the viewer and take away the focus, action, and flow of the story.
Website design By BotEap.comClients often believe that the lowest quoted price (a low estimate) is the way to go. They don’t want to pay what is considered the average retainer or fees that are deemed appropriate within the profession. Consequently, they may be surprised because they are comparing attorneys’ fees to the cost of some non-problem software or forms to fill out that can be purchased at the local office store. They also don’t see why they should pay for something the lawyer “already knows”, since that information is supposed to be something they should already know as part of their status as a lawyer. After all, if the attorney doesn’t have to spend hours researching the case law on the issue and can simply print a form on her computer, why should the client pay for it?
Website design By BotEap.comThe prevailing idea was that lawyers’ fees should not be fixed. That is, they must be free in some cases and flexible in others. Specifically, the client appears to feel that fees should depend on the case, the circumstances, and the client’s ability to pay. The lawyer must charge certain clients less according to a sliding scale due to the type of case being handled or the client has a particular personal problem or does not have a lot of money. However, even those who earn a fair amount of money to cover the fees sometimes seem unable to understand why the attorney should want a retainer and receive “appropriate fees for her services.”
Website design By BotEap.comThere is also an expectation that the attorney will not bill for time spent investigating the case, making phone calls, or writing letters on behalf of the client. The idea of having a lawyer bill for waiting time in court also seems out of the question. There are clients who may not want to pay attorney’s fees because the client is not satisfied with their legally binding results, even if these results are the result of a negotiation or compromise to which the client has agreed.
Website design By BotEap.comThis survey of lawyers also suggests that unrealistic client expectations and misperceptions exist about what lawyers do, can do, and should do, as well as what clients can expect to achieve as a result of hiring a lawyer. This will be discussed later in other articles.