We prefer not to bill by the hour. Generally, hourly billing rewards lawyers for being inefficient,
which is a bad incentive structure. It also creates an understandable incentive for clients to
scrutinize the time expended by their lawyers to complete litigation tasks, which invites tension
into the attorney-client relationship.
Nonetheless, many corporations and businesses have relied on the hourly system for many
years, are used to it, and for that reason, prefer it. We will work on an hourly basis when the
client prefers it and when it makes sense. We may also utilize various hybrid hourly/contingent
arrangements, such as billing by the hour at a reduced rate in exchange for bonuses if the
litigation is successful or based on other predetermined benchmarks.
We also utilize fixed fee engagements – one flat fee to handle a case or to handle phases of
litigation – depending on what the client may prefer or what makes sense for a particular case.
In certain cases, such as when the client is a start-up company or new venture, we will consider
taking equity in the client company in lieu of a traditional monetary payment.