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Our
Goal:
At MICHAEL J. BERGMANN, LLC,
we strive to provide our clients
with a high quality of legal
service in a timely manner and
for a reasonable fee.
What Is a Reasonable Fee?
In determining what is a "reasonable
fee", the firm considers a variety
of factors, including, but not
limited to:
- The
nature, complexity, and urgency
of the prospective
client's legal matter;
- The value of the legal
service(s) being rendered for the client, from a non-legal perspective;
- The
firm resources which will be
consumed in the
handling of the prospective
client's matter;
- The
amount necessary to cover the
firm's operating
expenses and a fair profit while
working on
the prospective client's legal
matter;
- The
prospective client's perception
of what is or
will be a "reasonable fee";
and
- What
other law firms are charging
for the handling
of a legal matter of that sort.
Written Fee Agreement.
This firm provides all of its
clients with a written fee agreement
regarding the legal services
to be rendered and fees and
expenses to be charged in the
the handling of their legal
matters, with two exceptions:
(1) if the fee is likely to
be $500.00 or (2) if the firm
has previously represented the
client and has an established
fee arrangement.
Smaller Billing Increments.
Many law firms bill their clients
in one quarter (1/4) of an hour
increments on matters being
handled on an hourly fee basis.
This firm bills attorney time
in one tenth (1/10) of an hour
increments on hourly fee matters.
Itemized Fee Statements.
Many firms do not provided their
clients with itemized fee statements.
This firm provides its clients
with detailed, itemized fee
statements. On hourly fee matters,
this firm's fee statement will
show the date of service, the
legal service rendered, the
firm member who provided that
service, the amount of time
which he or she expended, his
or her hourly fee rate, and
the fee charged for that particular
legal service. Regarding matters
handled on a flat fee basis,
this firm provides its clients
with the same sort of itemized
statement, however, the time
and hourly fee rate of the service
provider are omitted insofar
as the fee for each service
is a pre-established, fixed
figure.
Willingness to Discuss Fees.
This firm's attorneys discuss
with prospective clients, at
the initial consultation, the
terms and conditions under which
this firm would be willing to
undertake the client's legal
matter. The firm has established
fee schedules for regularly-requested
business, estate planning, probate,
and real estate matters. As
the firm's attorneys and their
clients discuss the legal services
which the client is considering,
the schedules are made available
to the client so that he or
she can make an informed decision
about legal work which he or
she may like to have done.
Litigation Fees.
The firm's attorneys ordinarily
prefer to handle, on an hourly
fee basis, any legal matters
which will likely involve an
unpredictable amount of time
due to their nature (such as
contract negotiations and litigation).
Notwithstanding that general
preference, the firm's attorneys
are frequently willing to handle,
on a contingency fee basis,
claims, disputes, and litigation
in which the client or his or
her family members have suffered
any injury(ies), death, property
damage, or significant monetary
losses because of someone else's
negligence or intentional wrongdoing.
A "contingency fee" arrangement
is one in which (1) the attorney's
fee will be a percentage of
the damages recovered through
settlement, mediation, arbitration,
or litigation (lawsuit), and
(2) the attorney will be entitled
to that fee only if the client
recovers any such damages.
Contingency Fees Cases.
Most law firms charge a fee
of THIRTY THREE AND A THIRD
PERCENT (33-1/3%) or more of
the damages recovered in contingency
fee cases, regardless of whether
they had to expend additional
time and resources in litigation.
This firm undertakes many contingency
fee cases for (1) TWENTY FIVE
PERCENT (25%) of the damages
recovered, if the claim is settled
before a lawsuit has to be brought,
and (2) THIRTY THREE AND A THIRD
PERCENT (33- 1/3%) of the damages
recovered, if the claim is not
resolved until after a lawsuit
is started.
Probate Estate Fees.
Mr. Bergmann provides all of
the firm's Probate clients with
a good faith fee estimate before
they engage the firm so that
they can make an informed decision
about hiring this firm.
The legal fees charged by this
firm for Probate assistance
are significantly less than
fees charged by many law firms
due to the fee arrangement which
this firm offers to its clients.
Many firms charge their clients
a percentage of the Probate
and non-Probate assets, using
certain Probate Court guidelines.
According to those guidelines,
the percentage-based
fees are supposed to be adjusted
by several factors, including
the size and complexity of the
estate, the amount of time involved
in completing the probate work,
and the extent to which the
attorney had to refuse other
work to handle the Probate estate, however,
many firms using
the percentage approach appear
to
charge the client legal fees
which are the very
near to the initially-calculated,
percentage amount.
In contrast, Mr. Bergmann ordinarily
charges his clients the lesser
of (1) the fees calculated using
the proper adjusted percentage
approach or (2) the fees calculated
by multiplying the time expended
by Mr. Bergmann and his staff
by their respective hourly rates.
Using this approach, Mr. Bergmann
has found that his firm has
frequently been able to save
his clients thousands of dollars
on estates requiring full administration,
as compared to what they would
have been charged by firms using
an unadjusted percentage-based
approach.
Expenses.
The client is responsible for
any expenses directly relating
to and incurred during the handling
of his or her legal matter.
As a convenience to the client,
this firm may periodically cover
expenses pertaining to the client's
legal matter, however, the client
remains responsible for those
items and is expected to reimburse
the firm upon the billing attorney's
request.
Willing to Answer Questions.
Mr. Bergmann is willing to answer
any questions about the client's
fee arrangement with the firm
and/or any bills sent to the
client, as they arise. If you
have any questions about any
of the topics addressed on this
web page or would like any additional
information about the firm's
fee arrangements or billing
practices, please do not hesitate
to contact us.
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