To agree to its terms of intervention, your lawyer will ask you to countersign the fee agreement. Certain services lend themselves to a fixed price (for example creation of a company, approval of your company’s accounts, etc.) because of the visibility that everyone can have on this type of service.
In other cases, such as the sale and acquisition of a company, fundraising, management of litigation, it can be complicated to project with absolute precision on an operation that can last several months, or even several years in litigation. In this case, an intervention on the basis of a fixed price is a double-edged sword if the intervention of the Municipal Court Overland Park lawyer is ultimately less important than expected, it can be frustrating for the client to pay him the entire amount.
Conversely, if the contours of the case change, leading to a much greater intervention by the lawyer than could have been anticipated, frustration will be on the side of your counsel. One method of reconciling the interests of all parties is to:
- Retain an hourly rate.
- The lawyer, through his experience, can indicate a provisional budget in the form of a range.
- Your lawyer informs you every 5-10 hours of the time spent, which allows you to manage your budget well.
On the other hand, it is forbidden for the lawyer to fix his fees solely on the result: this is the famous quota pact. On the other hand, he can combine remuneration at the past rate or basic fixed rate, combined with a result fee. Your lawyer may also ask you for a deposit when the file is opened. It is also important that you define very quickly the type of intervention and the level of involvement that you expect from your lawyer.
It goes without saying it but it is undoubtedly better to say it:
The more you provide in a regular and organized form the material to your lawyer, the more his work will be of added value and your cost of lawyer profitable. Conversely, you can choose to unload the project on him and, mechanically, his intervention will be stronger and his bill higher. Finally, experience shows that it is always preferable to have a culture of advice and to build your team as early as possible (lawyer, accountant, financial intermediary, etc.) in order to anticipate the issues and build your project on solid foundations, rather than trying to correct things a posteriori when it is often too late, not to mention the energy, time and advice costs that you will then have to pay to regularize your situation.
You can present your request on plain paper or on a special form, to be filed with the joint registry of the district court and the local judge. The clerk can help you complete the form.
Once the statement is recorded, you and your opponent will be summoned to a hearing. You must be present (or represented by a lawyer, if you wish). If you don’t show up, your statement will be closed or, worse yet, your opponent may get a judgment in their favor.
The order for payment: without a lawyer and to claim a known amount
Use if you are owed a sum of ‘ silver ‘ a known amount (example: your tenant must reimburse you work; you have a loan that you do not pay you).