Office Policies
Fees and Litigation Costs :
After hearing all of the facts provided by you regarding your situation, evaluating the type of case you have, and considering the various legal issues likely to be involved, Mr. Cobb will quote you the minimum fee, known as an initial non-refundable retainer, required to retain his services. Unless otherwise stated in writing, the initial fee retainer is only a general estimate of the minimum cost to you of the services required to resolve the matter you present. It does not, in any manner, represent an exact amount of money you will be required to pay to complete our representation of you. In short, that sum is the minimum amount you can pay to retain the firm's legal representation. The non-refundable retainer generally does not, in many cases, cover all of the time and expenses to complete the entire matter and finally close your file.
Mr. Cobb is unable to quote fees without hearing all of the facts because his fees vary depending upon the complexity of the matter and all of the factors which are set forth in the Florida Bar Rules of Professional Conduct for Attorneys in determining reasonable fees for attorney's services:
(a) The time and labor required, the novelty, complexity, and difficulty of the questions involved, and the skill requisite to perform the legal services properly;
(b) The likelihood that the acceptance of the particular employment will preclude other employment by the lawyer;
(c) The fee, or rate of fee, customarily charged in the locality for legal services of a comparable or similar nature;
(d) The significance of, or amount involved in, the subject matter of the representation, the responsibility involved in the representation, and the results obtained;
(e) The time limitations imposed by the client or by the circumstances and, as between attorney and client, any additional or special time demands or requests of the attorney by the client;
(f) The nature and length of the professional relationship with the client;
(g) The experience, reputation, diligence, and ability of the lawyer or lawyers performing the services and the skill expertise, or efficiency of effort reflected in the actual providing of such services;
(h) Whether the fee is fixed or contingent, and if fixed as to amount or rate, then whether the client's ability to pay rested to any significant degree on the outcome of the representation.
In determining a reasonable fee, the time devoted to the representation and customary rate of fee need not be the controlling factors. All factors set forth in this rule should be considered, and may be applied, in justification of a fee higher or lower than that which would result from application of only the time and rate factors.
We also consider the experience, reputation, diligence, and ability of the lawyer or lawyers representing your spouse.
In many family law matters, it can be extremely difficult, if not impossible, to predict exactly how much time and expense will be needed on a case, as well as determining when the case is finished. Accordingly, you will also be quoted hourly fees for Mr. Cobb and his paralegals to be assessed against your retainer and to cover legal services exceeding those covered by the initial non-refundable retainer, which will be billed to you monthly.
Depending upon the complexity of the matter, the out of pocket costs of litigation can be a substantial expense to you in addition to fees paid for attorney and paralegal services. This is particularly true in some matters where expert witnesses are required to evaluate and determine the value of particular assets or the qualifications of a particular parent for primary residential responsibility of the children. At the time you are quoted the non-refundable fee retainer, you will also be quoted a minimum initial cost deposit. The cost deposit varies depending on the type of case and the issues involved. Some of the cost charges normally incurred on a case are postage, long distance telephone, clerk of court fees, process server, court reporter, couriers, etc. It is our standard policy to provide our clients with several methods to help assist them in keeping their case cost charges down. Cost monies left over at the end of a case are refunded after any outstanding fees and costs have been deducted.
All matters concerning the payment of attorney's fees, paralegal fees, and litigation costs are reduced to a formal written contract which will be signed by you and Mr. Cobb. You should read this contract very carefully as it is a binding legal contract and establishes the entire basis for the financial relationship between you and the firm. No action or work on a case will be initiated until the Retainer Agreement has been executed by you and our office is in receipt of both the non-refundable fee retainer and initial cost deposit.
Once you have entered into a contract with the firm, all financial matters regarding your account with our office will be handled by his Office Administrator. Mr. Cobb prefers not to discuss money matters with a client, as he wants his attention to be focused on your case. Mr. Cobb maintains the belief that your case is better served if his time is devoted only to those legal matters regarding your case. His discussions with you about choosing among various options available to you at any time will usually include some cost/benefit analysis. Other than that, however, all billing matters and questions are directed to the Office Administrator unless an account is in arrears or the case gets set for trial. Having these matters handled by other staff allows Mr. Cobb to focus all of his time and attention to resolving your legal problems in the most expeditious and efficient manner possible.