Retainer Agreement
How Much Is My Case Going to Cost, and What’s Involved?
The perennial lawyer’s answer is “it depends,” but we start with a retainer of $5,000, payable by check or credit card upon signing an agreement for representation. We begin with the realistic expectation that, in all but the least complicated matters, the clients should expect to pay at least double that amount by the conclusion of the case. While the work we perform necessarily varies from case to case due to the highly individualized nature of the cases we encounter in this practice area, we are typically reviewing and analyzing education records; spending time meeting and speaking with you, the school district’s attorneys, and relevant third parties about your case; drafting and filing due process hearing requests, motions and related correspondence; conducting legal and educational research on novel issues and case law developments where warranted; and preparing for and attending PPT and Section 504 meetings, mediations, and due process hearings.
What Are the Hourly Rates for Legal Services?
Your retainer payment is held in the firm’s client trust account until any charges accrue in your case. Each month you will have an opportunity to review a detailed invoice that specifies each task performed in your case and the resulting charge, based on the hourly rate assigned to the attorney or advocate who performed the task. Your retainer agreement will specify the members of our team who will be expected to work on your case, along with the exact hourly rate charged for the services of each assigned attorney or advocate. At the present time, attorney Andy Feinstein’s hourly rate for legal services is $500, and the corresponding rate for a senior associate in the firm is $400. We do not bill for travel expenses.
How Does Billing Work?
We utilize a monthly invoicing system in which you will receive a statement reflecting all charges for your case beginning on the 16th of the previous month, and ending on the 15th of the current month. So for example, if you retain the firm on October 25, you will receive your first invoice on or slightly after November 15. This invoice will reflect the billing period of October 16 to November 15 and will show charges for time spent on your case between October 25 (the date you retained the firm) and November 15. Fees due as shown on your invoice must be paid by the 15th of the following month. With the exception of credit card payments, timely paid invoices will receive a 5% reduction on the total bill.
If your retainer account is showing a balance at the time fees become due, the fees will be transferred from our client trust account in satisfaction of the payment due at that time. When your retainer balance is exhausted, you will simply continue to receive monthly invoices specifying the amount payable by check or credit card to the firm by the 15th of the following month. Should your case resolve without exhausting your retainer balance, or should our representation terminate otherwise, the firm will promptly return the remaining funds to you.
Do You Use Any Alternative Fee Systems?
At this time, we do not have a formal fee structure that varies from the traditional retainer payment and monthly invoicing described above. However, we are constantly exploring options for making the cost of representation in special education matters more affordable. We are glad to discuss the possibility of an alternative fee arrangement with prospective clients as part of the initial consultation.
Please note that this page is intended to provide a general overview of the potential fees involved in retaining the Feinstein Education Law Group to represent you. The scope and terms of representation reflected in any written agreement you enter into with the firm may differ from the exact information provided here. A written and signed agreement is required before the firm can provide you with representation in any matter. Please contact us to schedule a free consultation, and we will be glad to answer your specific questions about the work we do and the associated fees.