Small Business Legal Plan Planmember Guidebook

Index | Section 1 | Section 2 | Section 3 | Section 4 | Section 5

Part One - Section 3
GUARANTEED DISCOUNTS AND CAPPED HOURLY RATES

The following are special privileges that your plan member attorney can provide in addition to those discussed in Section 2.

You and your attorney will discuss which of these options is applicable to your situation. The plan member is responsible to the attorney for all expenses incurred, including legal fees, filing fees, costs, and legal bills of family members using the plan. 

You may be required to pay a retainer in advance of any filing fees, attorney fees, or other costs. Also, you may be billed for costs such as photocopying, postage, long distance toll charges, travel expenses, etc. Once retained, your plan attorney can provide you with full legal representation including office work, in-court appearances, investigation, research, drafting, negotiation, appeals, etc. 

Please read this section carefully. 

GUARANTEED LOW HOURLY RATE - After the initial no cost consultation, you and your attorney may decide that further legal work or representation may be required. If this is the case, you and your attorney may agree to handle the matter at an hourly rate. Business Plan members are privileged to have a guaranteed low hourly fee not to exceed $89 per hour for out of court representation and $109 for in court representation. The attorney can often estimate how many hours any given case may take. All costs and filing fees are additional. All costs and filing fees are additional. 

GUARANTEED DISCOUNTED CONTINGENCY FEE PERCENTAGES - Attorneys often work on a contingency fee basis in matters dealing with personal injury damages and collections. In these cases as well as others, the attorney agrees to be paid a percentage of the recovery or award rather than a set rate or hourly fee. 

In some cases, contingency fee maximums are set by state law. In these matters, your fee will be the lower of either 10% less than the maximum fee set by state law or the attorney’s usual fee. For example, if your state has a fee maximum of 30%, you would pay the lower of either 27% or the attorney’s usual fee. If the attorney would normally charge 25%, you would pay this percentage because it is the lower rate. 

Where state law does not set maximum levels for contingency fees, your guaranteed discounted rate will not exceed 29% if settled before trial, 36% if awarded during or after trial, or 40% if settled or awarded after an appellate brief is prepared. 

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