If a lawsuit is filed and certain court costs are charged, your lawyer may ask for additional monies if the costs incurred exceed the original deposit. In the initial conferences with your lawyer you should ask for an estimate of total costs for your type of lawsuit. Whether a retainer and/or a cost deposit is refundable in the event that your case is not filed is a matter that may vary from case to case and should be discussed with your lawyer. Upon receipt of a retainer or a cost deposit, your lawyer will ordinarily deposit the funds into a special bank account called a trust account. A trust account is a separate account that a lawyer maintains specifically for clients' funds. A record of the costs in your case will be kept by your lawyer and is available to you for examination.

TYPES OF ATTORNEYS' FEES There are several distinct types of legal fees. As stated above, a client must realize when considering a lawyer's fee that many factors, such as time, ability and experience, may determine an attorney's fee.

Fixed Fees: For frequently performed services such as drafting an uncomplicated will or assisting with an uncomplicated real estate transaction, many lawyers may charge a fixed fee that can be readily quoted to you. The lawyer's fee may be set to average out all costs for such uncomplicated services handled by the attorney.

Hourly Charge: Many lawyers establish a fixed hourly charge for their services. The lawyer's fee is computed by multiplying the fixed hourly charge by the number of hours the lawyer spends working for his client. The final fee may still include other direct out-of-pocket expenses, such as court filing costs, photocopying charges, long distance telephone charges, travel costs or other expenses directly related to a particular case. When retaining an attorney on an hourly basis, you may wish to ask for an estimate of the costs for the requested service. Also, you should understand what complications might arise in your case and the effect they will have on your fee. Hourly rates of lawyers will vary depending upon a lawyer's experience and involvement in a particular area of the law. No set hourly rate for lawyers or services exists. Rates do vary among lawyers.
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