Negotiating With Your Own Lawyer
By Brigham Smith

How do you negotiate with someone you are paying to negotiate on your behalf?  The same way you negotiate with anybody else—be up front.

The need to be up front is especially pressing in the lawyer-client relationship.  So pressing, in fact, that as lawyers we are taught early on to communicate openly with potential clients and clear up any issues about the nature of the relationship itself before going any further.  After all, your lawyer’s time should be spent arguing for you, not with you.

Here are some common issues you should discuss up front with any lawyer you consider hiring:

•  Money.  What are the lawyer’s retainer and hourly fee?  Are these negotiable?
•  Fee Structure.  Will the lawyer take the matter on a contingency basis?  Most lawyers require an hourly fee, but some plaintiff’s attorneys will accept a percentage of whatever amount is collected.
• Budget.  How much time and money will this matter require?  Your lawyer should be able to provide you with such an estimate.
• Realistic Outcomes.  Whether we’re talking about a potential deal or a lawsuit over a deal gone sour, your lawyer should be able to project the best, worst, and most likely outcomes. 

For litigation at least, your attorney should also be able to estimate, roughly, the suit’s chance of succeeding.  You can multiply this percentage by what your attorney estimates the suit will cost to determine if the suit is worth your while.  For example, if it will cost you $20,000 to collect a $100,000 debt, you should only sue if your odds of collecting are better than 20%.

These are only general rules of thumb, and they aren’t the only ones, but they should help you in negotiating up front with any lawyer you're considering hiring.

For more information about Brigham Smith, please see:  http://www.honigman.com/attorneys/bio.asp?ID=S140468777