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Attorney Payments – How to Make Them More Reasonable

Author: Sujain Thomas
by Sujain Thomas
Posted: Aug 08, 2016

Copyright is just one part of the larger intellectual property law that also includes patents and trademarks. While most lawyers advertising themselves as specializing in intellectual property matters can competently handle all aspects of intellectual property, they usually choose to specialize in one aspect. If you are looking out to protect your copyrights then it would be wiser to select a lawyer who specializes in just that. Additionally, if you are being sued or want to sue someone then engaging someone with litigation experience would be better. If you have no clue about how to locate a copyright lawyer ask your contacts, including publishers or literary agents or even other writers. You can also approach legal aid groups that offer volunteer services at rates that are reduced quite a lot. A good source for finding a group near you is to check out the website of the Volunteer Lawyers for the Arts (VLA).

Attorney Payments

The typical copyright lawyer charges at least $200 an hour. This generally means that unless your work that you are trying to protect is extremely valuable or if you are very rich, defending your copyright against infringement will possibly cost you a lot more than what you’ll find affordable. However, if your work is properly registered and you win your lawsuit, the judge can order the defendant to pay the fees of your attorney, subject to it being reasonable. You can also find an attorney who might agree to take on your case on a contingency basis if the merits of your case are good and if the defendant can afford to pay the likely fees and damages that could be awarded. You attorney will stand to receive anywhere between 1/3 and 1/2 of the award given by the judge if you win. However, the lawyer runs the risk of getting nothing in case of a loss. Even in this situation, you will be liable to pay the out-of-pocket expenses that can very easily run into thousands of dollars even for simple cases.

Reducing Attorney Fees

Most attorneys will send you a bill at the end of the month for the number of hours they have clocked up on your case at the agreed upon hourly rate that typically is in the range of $200 to $300. There are also some lawyers who will bill a fixed amount for conducting certain trademark and copyright services such as drafting a license agreement, or a publisher contract. Some useful tips on how you can reduce the amount of your legal bills:

Get a written fee agreement: It is vital that you obtain a fee agreement in a written format from your attorney as that will establish the actual fees that have been negotiated for specified work rather than a flat per hour dollar fee. Read it properly so as to ensure that you understand every bit of your client rights. Ensure that your agreement requires the lawyer to provide an itemized statement together with the bill that will specify the details of the work done and the time spent. If your lawyer does not agree to fixed fees, then he should at least submit an estimate of the fees for typical work and be ready to provide an explanation in case of a difference.

Keep your interactions brief: Before you call your attorney jot down the points of discussion and do not ramble while talking to him. Remember the meter starts running the minute you start talking, so avoid making multiple calls and instead consolidate all your queries into one conversation as precisely as you can.

Check the bills thoroughly: Insist on getting bills from your lawyer that are prompt and self-explanatory. Do not accept bill summaries with narrations like "litigation work" but insist on an itemized bill that is explained in detail along with the time taken and hourly rate applied. If there’s something that is not clear and requires an explanation be sure to ask the attorney for an explanation with the explicit understanding that you are not going to be billed for the explanation.

Be alert for hidden expenses: Your contract with the lawyer must specify all the expenses that you are going to be billed for even if the hiring has been done on a contingency basis. Out-of-pocket expenses can be prohibitive with some lawyers charging unreasonable amounts for telephones/faxes/photocopying, etc. that can easily exceed the rates of commercial copy centers. Be especially alert to charges under the guise of administrative services/ secretarial services or for word processing, etc. that can add substantially to your monthly bills, and be unsustainable in the long run.

About the Author

My name is Sujain Thomas I am a freelance content writer. Also, I have written many good and informative articles on different categories like Technology, Business, Career, Travel etc

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Author: Sujain Thomas

Sujain Thomas

Member since: Nov 30, 2015
Published articles: 11

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