Pagans and the Law

On the issue of fees, be frank and candid with the attorney. Ask whether the attorney will require a retainer and if so, how much. Ask whether the file will be billed hourly and if so, what the hourly fee is. Inquire regarding costs and expenses, which are usually over and above the hourly fee. For example, there is a filing fee for the filing of a Petition and fees to be made to a process server for the service of process. Expert witnesses are usually paid hourly, and if depositions are taken, there will be fees to the court reporter. These are the sorts of fees that you may have to pay in addition to the cost of the lawyer.

Ask the lawyer if this is the sort of case that is taken on a contingency basis; that is, if the attorney will take a portion of a settlement or a judgment, once the settlement or judgment is rendered. A contingent case will require a defendant with assets, cash, or an insurance policy that covers litigation as part of the benefits to the policy. If there is no such Defendant, then this will probably be a case that is billed hourly, meaning that you will have to pay everything.

Even if a case is taken on a contingency basis, the attorney may still require that costs and expenses be paid by the client, even if the case is lost. Some attorneys may ask for a certain amount of money "up front" to cover initial expenses, even if a case is essentially a contingency case.