5 Questions You Should Ask Your Lawyer About Pricing
When you pay for legal services, you are, generally speaking, paying for your lawyer’s time. That is the product lawyers have to offer. Your lawyer spent years and thousands of dollars learning how to think the way they do. Now they use their time to put those skills to work for you and your case.
There are a few methods by which lawyers bill, each of which is intended to reimburse them for their time:
Contingency billing is where the lawyer gets a percentage of what you win in your case. The lawyer estimates the time needed to help you with your matter, what they think you’ll win, and then the percentage of those winnings they would need to appropriately compensate them for the time they spent.
In Flat-Rate billing, the lawyer may represent you in your whole matter for a flat rate, or they may offer to complete specific tasks in your matter, each at their own flat rate. Either way, the lawyer is estimating the time it will take to complete the case or task and then charging appropriately to compensate for that time.
Finally, there is hourly billing, where the attorney charges you for their actual time spent representing you on the matter.
Each of these methods has pros and cons (as well as a slew of legal and ethical restrictions). In contingency billing, the lawyer may receive a windfall if the settlement or judgment was much higher than expected. And, of course, the opposite could be true if they lose the case. In flat-rate billing, the lawyer might be incentivized to cut corners and get things done too quickly. Hopefully, a lawyer’s reputation and care for their clients will negate this. And flat-rate billing is often a breath of fresh air for clients because they know exactly what they’ll be paying.
While flat-rate billing is increasing in use and acceptance, for family law and probate, the hourly rate is still the staple. Hourly billing can be the most accurate measure of reimbursing a lawyer’s time, since it does not require estimates or predictions, but it can also, unfortunately, incentivize inefficiency and inaccuracy. Like the flat-rate issues, we hope that lawyers will be efficient and honest, incentivized by their reputations and their desire to truly help clients.
If your matter is being billed hourly, here are some things you should ask your lawyer about it:
1. Do you use timekeeping software?
Surprisingly, many lawyers do not use actual software to track their time. They simply estimate. Set a one-minute timer, place it on silent, and then close your eyes and count what you think is one minute. Check your accuracy against the actual timer. Were you right? Almost invariably the answer will be no. Now imagine you’re doing this with many minutes or even hours. You can see why time-keeping software is necessary.
2. Do you bill each item separately?
Many lawyers, regulation committees, and bar associations have appropriately ridiculed the use of “block billing.” This is where a lawyer lists several different, unrelated tasks in one billing entry on your bill. It could look something like “Drafted Response to Motion to Modify. Emailed client regarding extracurricular programs for child. Phone call to Opposing Counsel regarding upcoming Status Conference.” When lawyers do this, it is easy to hide or inappropriately state the amount of time something actually took them. Your bills should have each item listed separately.
3. Do you bill when two people in the firm do the same thing?
Some firms use two lawyers on each matter. The idea is that some lawyers have expertise in one area and can focus there, while others will be better equipped for other areas. In addition, this can help keep client costs down, because one lawyer may have a lower rate and can do much of the legwork on a matter. In theory, this is a great system. However, there are then opportunities for billing overlaps, e.g. two lawyers both read one email and bill for it. Ask your lawyer what their plan is for this. Sometimes an overlap will be necessary. Other times it won’t. When it’s necessary, some lawyers will use blended rates (meaning the average of both lawyers’ rates). Some will simply have clear guidelines for the division of labor. Whatever the policy, the most important thing is that they have at least discussed it and have a policy in place to ensure you are not being unnecessarily double billed.
4. What’s your rounding policy?
Lawyers billing hourly will almost always round to the nearest .1 of an hour. Lawyers who are thoughtful about their client’s financial needs should have a policy in place (or an automatic system, such as through their timekeeping software) to round these hours. Do they round to the nearest .1? The nearest .05? Do they always round up? Whatever the answer, they should at least have thought enough about it to know the answer.
5. How many billable hours do you require of your attorneys per month?
One of the biggest downfalls with hourly billing is that firms with associate lawyers tend to require so many billable hours that their lawyers may feel the need to find more work than is necessary. In other words, they might make up work--and bill you for it. Some of the larger, urban firms require their lawyers to get over 175 billable hours per month, which means over 8 hours of billable time per working day. Not all of a lawyer’s time is billable, and many would say only about 50-80% of a lawyer’s time is billable. This means that these big-firm lawyers have to either be working ridiculous hours or finding ways to add more “time” to their timesheets. What does your lawyer require of themselves or their associate lawyers? Do their requirements incentivize the lawyers to round up, add more time, burn themselves out?
As we’ve seen, there are pros and cons to each type of billing. The most important thing is having the tools to be able to evaluate your bill correctly.
Gant Law is Seeking an Associate Attorney
You can make a living almost anywhere. At Gant Law, we invite you to make a life you love.
We offer competitive pay; remote work; flexible hours; clear goals, principles, and policies; billable-hour goals that don’t incentivize padding; structured training and advancement tailored to your learning style; regular communication to ensure you’re heard and have the tools you need to flourish in and out of the office.
We’d love to talk with attorneys who have 0-3 years’ experience, who are ambitious and hardworking, and who take the title of attorney seriously (but who don’t take themselves too seriously).
Please send resume and letter of interest to admin@gantlawoffice.com with "Associate Application" in the subject line.
Tim K - Google Review
On more than one occasion I have been helped by Gant Law. The advice, direction, and education I've received on a couple of legal matters was thorough, caring, and thoughtful. I felt like their character was above and beyond what I would expect as well. Thank you!
On more than one occasion I have been helped by Gant Law. The advice, direction, and education I've received on a couple of legal matters was thorough, caring, and thoughtful. I felt like their character was above and beyond what I would expect as well. Thank you!
Anonymous - Google Review
I worked with Brynne for a few months regarding a custody case. She was so helpful in my case. I would strongly recommend using her if you are in search of a good family law lawyer!
I worked with Brynne for a few months regarding a custody case. She was so helpful in my case. I would strongly recommend using her if you are in search of a good family law lawyer!
Covid-19 Announcement and Thoughts
To our clients, colleagues, and community:
The Corona virus and our interactions with it have created a great deal of uncertainty in the world, in our communities, and likely in our own homes. We would like to clarify our plan of action at this time as well as provide some words of encouragement and helpful reminders:
Our Plan of Action: After completing research on the virus itself and the way it may affect a given community, Gant Law will be voluntarily participating in social distancing in the following ways: as has been requested by our local courts, from today until at least April 1, 2020, all court appearances and client conferences will be attended via phone. Any contested hearings will be rescheduled.
To avoid spreading the virus to those in our shared office, we will limit all in-office appearances. Thus, we ask that, wherever possible, you send in any documents and payments electronically rather than by standard mail or drop off.
On April 1, 2020, we will reassess this policy and may extend it.
Reminder: At times like this, we are confronted with opportunities for fear but also presented with opportunities for compassion, innovation, and strength. Look for the helpers. And if you need help, please reach out to your community and ask.
One simple way we can all help each other is by paying special attention to the language we use with one another. As a firm focusing on probate, elder law, family law, and criminal defense, we are particularly aware of the difficulties language can create: from ambiguous Wills and disagreements on medical treatment, to hurtful texts between spouses and alienation of children, to misunderstood “confessions” and false allegations. Language is one of humanities greatest tools for better or worse.
We all know that social media provides ample opportunity to use language in negative ways that we wouldn’t otherwise use in person. When, due to shut-downs and self-quarantines, even more of our communication necessarily turns to social media and other virtual platforms, we would do well to be vigilant about the language we use on these platforms.
Here are three simple rules that you can use to deescalate issues with language:
1. Curiosity over Correction: Before you tell someone they are wrong, get curious about their statements and beliefs. Investigate before you make a determination. Rather than stating “You need to do your homework before you post things like this,” consider asking questions: “Can you tell me more about where you learned this? I am surprised by the results.”
2. Method over Conclusion: When you’ve learned something you feel is important, you may find it more persuasive to present the material you have learned and then allow others to draw their own conclusions from it, rather than telling them what to think about it. There is so much information flying around; presenting it as 100% fact may be difficult for others to hear. Why not say “I found this interesting, and it makes sense to me,” as opposed to “People need to wake up and read the truth”? Do you see how one is much more likely to invite productive participation?
3. Respect over Rightness: When we feel passionate about sharing our opinions, if we dig deep to examine why, we may find that fear is at the root of it. We are afraid that if others don’t understand and believe as we understand and believe, something negative will result.
If we are right, then how much more important is it to actually get people to listen as opposed to offending them? In all our language, if our goal is truly to persuade others, then above all else, we must be respectful. When was the last time you truly listened to someone who was being disrespectful to you? For many of us (maybe even most of us) rude language completely dissuades us from listening.
Thus, now is not the time for name-calling, for hyperbole, for sarcasm, for passive aggression. Now is not the time to use put-downs in any form in order to try to prove yourself right. Now, perhaps more than ever, is a time for respect.
We invite all within our community to listen before speaking, to learn before teaching, and to look for ways to help at this time.
Brian G - Google Review
I have been so impressed with Brynne Gant and with Gant law. They are helpful, considerate, intelligent and thorough. I would recommend their services and help to anyone I know.
I have been so impressed with Brynne Gant and with Gant law. They are helpful, considerate, intelligent and thorough. I would recommend their services and help to anyone I know.
Interest of R.B.
Client had cognitive and physical impairments and was being financially exploited by third parties. A family member petitioned for Guardianship and Conservatorship, and Client joined in the petition. However, a unique Visitor’s report was produced and threw a wrench in the uncontested matter. We were able to clearly represent our position and shore up the rebuttal information to make our Client’s wishes heard and made a reality.
Client had cognitive and physical impairments and was being financially exploited by third parties. A family member petitioned for Guardianship and Conservatorship, and Client joined in the petition. However, a unique Visitor’s report was produced and threw a wrench in the uncontested matter. We were able to clearly represent our position and shore up the rebuttal information to make our Client’s wishes heard and made a reality.
Interest of K.E.
Client needed to track down heirlooms held by estranged mother and negotiate their return. We were able to professionally and successfully receive all requested items without litigation.
Client needed to track down heirlooms held by estranged mother and negotiate their return. We were able to professionally and successfully receive all requested items without litigation.
Should Colorado Change its Felony Murder Law?
In Colorado (and many other states), a person can be charged with murder if they are committing a certain felony and someone in their group commits murder in the process. If you go out, for instance, with a group of friends to rob a bank, and anyone of your friends kills someone at the bank, you could then be charged with murder and subject to life in prison without parole.
The statute that lays out the current rule is C.R.S. 18-3-102(1)(b) (current through 2019 legislative session). Senator Daniel Kagan (D, Colorado) has submitted a bill that would change the sentencing possibilities for this rule, essentially taking the crime from a class-one felony (potential penalty of life in prison without parole) to a class-two felony (with potential crime-of-violence sentencing).
As with all major criminal justice issues, there are pros and cons to this rule from society’s perspective. Take, for example, a situation where a gang leader jumps and indoctrinates a vulnerable, 17-year-old kid who now becomes the youngest member of the gang. Now that leader demands that the 17-year-old carry a gun to a bank robbery and pull the trigger on anyone who stands in the gang’s way. If such a shooting actually occurs, who is society more worried about: the 17-year-old who pulled the trigger or the leader who manipulated the kid and demanded the shooting? Should the 17-year-old get charged with first-degree murder while the leader is only charged with the robbery?
Now let’s change the scenario up a bit: Let’s say that a group of criminals befriends a vulnerable, 17-year-old kid and invites him to “steal some money from a bank” with them. The kid goes along with this out of peer-pressure but has absolutely no idea that anyone in the group has a gun. Unfortunately, one of the group members does have a gun and kills someone in the process of the robbery. Should the 17-year-old, who just barely met this group, and who didn’t realize they had a gun, be held fully responsible for the other person’s shooting as though he had pulled the trigger? Hopefully, this is where the district attorney’s office would come into play and plead the case down. But what if the DA doesn’t believe the 17-year-old or the 17-year-old isn’t able to explain his position clearly?
What do you think about the bill? Should it pass or not?
Greeley Attorney, Brynne Gant, wins the Avvo Client’s Choice Award
It’s always awkward to brag, but we love our clients and are happy that they love us! We are proud to announce that Greeley Family Law and Probate and Estate Law Attorney, Brynne Gant, has been awarded the Avvo Client’s Choice Award. Thank you so much to all our amazing clients who took the time to leave a review for Brynne. As I’m sure you can imagine, online reviews are invaluable and we appreciate you sharing your positive experiences with others.
January 2020 Newsletter
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Interest of A.C.
Client’s friend was at great risk of exploitation on account of cognitive impairments. The friend was having trouble navigating VA benefits and other financial needs. We were able to successfully appoint Client as Guardian and Conservator despite a Visitor report that missed important information and resulted in a questionable recommendation.
Client’s friend was at great risk of exploitation on account of cognitive impairments. The friend was having trouble navigating VA benefits and other financial needs. We were able to successfully appoint Client as Guardian and Conservator despite a Visitor report that missed important information and resulted in a questionable recommendation.
Nathan B - Avvo Review
Her knowledge of what to expect from upcoming proceedings helped me better understand what was going on with my case. She is very compassionate and listens to your concerns. I would highly recommend her!
Her knowledge of what to expect from upcoming proceedings helped me better understand what was going on with my case. She is very compassionate and listens to your concerns. I would highly recommend her!
James M - Justia Review
Ms. Gant is empathetic, sharp, and very patient. All of these skills come together to make her a very effective advocate.
Ms. Gant is empathetic, sharp, and very patient. All of these skills come together to make her a very effective advocate.
Greeley attorney, Brynne Gant, nominated as "Top 40 Under 40" in Colorado by The National Trial Lawyers
We are proud to announce that Greeley attorney, Brynne Gant nominated in National Trial Lawyers Top 40 Under 40 in Colorado by The National Trial Lawyers.
This nomination distinguishes Brynne as one of the top trial lawyers in the state, region, and in Greeley, which comes as no surprise with her level of trial experience as a former District Attorney.
The National Trial Lawyers: Top 40 under 40 is a professional organization composed of the top trial lawyers from each state or region who are under the age of 40. Membership into The National Trial Lawyers: Top 40 under 40 is by invitation only and is extended exclusively to those trial lawyers practicing civil plaintiff and/or criminal defense law.
Membership is extended solely to the select few of the most qualified attorneys from each state who demonstrate superior qualifications of leadership, reputation, influence, stature and public profile measured by objective and uniformly applied standards in compliance with state bar and national Rule 4-7. Invitees must exemplify superior qualifications, trial results, and leadership as a young lawyer under the age of 40. Selection is based on a thorough multi-phase objective process which includes peer nominations combined with third-party research.
Each of our distinguished Top 40 under 40 members strives to encompass the knowledge, skill, experience and success held by only the best lawyers in America. It is our mission to promote a unique and professional networking opportunity for young lawyers, while developing progressive ideas to pursue justice for those injured by the negligence of others, to educate the public about the importance of access to courts that are free of bias and undue influence, and to protect the right of trial by jury.
This and more information can be found here.
Do I Really Need Snow Tires In Colorado?
As of May 2019, the traction laws in Colorado were changed. The new law applies differently during different types of snowstorms and on different roads in Colorado, but the safest bet is to make sure you have either AWD or snow tires (or both) anytime you’re driving in snowy conditions. Drivers who cause accidents or who block traffic and don’t have one or both of these (or one of the alternatives permitted by the new law) risk fines of $132 to $656 in addition to previous repercussions in both criminal and civil courts.
CDOT has a great summary of the different types of storms and areas this can affect: https://www.codot.gov/travel/winter-driving/tractionlaw.
For a full look at the final bill that was signed, you can click here: https://leg.colorado.gov/sites/default/files/2019a_1207_signed.pdf.
Steps of a Criminal Case
If you’ve never been on the wrong side of the law before (or even if you have), you may be interested to learn about the process. Here is a quick overview:
Police Report: First things first – law enforcement learns about a potential violation of law. Someone might call 911, call the non-emergency line, or come into the police department to report a “cold” incident (something that happened in the past and is over now), a police officer might witness something first hand (e.g. speeding), etc. No matter the method of finding out, once law enforcement knows about a potential crime, they have to decide whether or not there is “probable cause.” That is, they have to decide if it is more likely than not that someone broke the law. They’ll often engage in some investigation first: asking questions, making phone calls, looking for physical evidence, etc. If their investigation doesn’t turn up enough solid evidence of a crime—even if they personally think there has been some misconduct—they won’t file any charges; nothing else happens. If, however, they do find enough evidence of a crime, then they file criminal charges. The suspect will either receive paperwork telling them they have been charged with a crime and that they have to come to court at a certain date and time, or the suspect will be arrested.
Bond: If the suspect is arrested, then a bond hearing will follow within a day or so where they stand in court and the judge tells them an amount of money they’ll need to pay in order to be released from jail. The suspect can try to pay the bond amount (or a portion of it to a bondsman) and get released from jail while the criminal case is pending. If the suspect cannot afford the bond (or to pay a bondsman), then they’ll remain in jail while the criminal case is pending.
Advisement: At the first court date (the bond hearing, if arrested; the date on the paperwork, if not arrested), the judge will tell the suspect what they have been charged with, what their rights are, and ask them whether they have or would like to have an attorney. Then the judge will set another court date to give the suspect time to get an attorney (if desired and not already hired) and to start negotiating for a plea bargain.
Plea Bargaining: Once the charges are filed, the local District Attorney’s office gets them. They then assign the case to one of their DA’s (also called prosecutors). The suspect, either by themselves or through an attorney, will then try to negotiate a plea bargain with the DA. This negotiation can happen via phone or email, but there will also be specific court dates set up for the suspect or attorney to meet with the DA and try to resolve face to face. Any official change in the case (bond reduction, acceptance or rejection of a plea, etc.) has to happen at one of these court dates. At each court date, if there is no resolution, another court date will be scheduled. There can be several of these court dates, and sometimes they are several weeks apart, making the plea bargaining process potentially quite lengthy.
Plea or No Plea: At some point in the plea bargaining process, the suspect will either accept a plea bargain or realize that they and the DA will not be able to reach an agreement. If the suspect accepts a plea bargain, then they’ll plead guilty and be sentenced according to the plea bargain. They must then fulfill all the requirements of their sentence (these can include jail time, classes, community services, drug treatment, etc.).
If the suspect can’t reach an agreement with the DA, then they’ll plead not guilty and set the case for a trial. Once they plead not guilty, the speedy trial right begins, and the trial must be heard within the following six months (with a few exceptions). Often, if the suspect pleads not guilty, the DA will revoke all their previous plea bargain offers.
Trial: The suspect will only go to trial if they cannot reach an agreeable plea bargain with the DA. For a trial, the suspect has several rights and will be able to, among other things, help choose the jury, subpoena and call witnesses, cross examine the DA’s witnesses, decide for themselves whether to testify or not (and the jury will be instructed that they cannot use it against the suspect if they decide not to testify), and present a theory of defense. The jury will then hear all the evidence and decide whether or not the suspect is guilty of any of the charges.
If the jury finds the suspect guilty, then the suspect will be sentenced according to the sentencing laws for the charge they are guilty of. The suspect may also be able to appeal the guilty verdict to a higher court.
If the jury finds the suspect not guilty, then the case ends, the bond (if the suspect paid one) is released, and the suspect can get their record sealed.
If you’re facing a criminal charge, we highly recommend you speak with an attorney before speaking with the DA’s office. Gant Law can help. Contact us today to schedule a consultation.
The information obtained through these articles is not legal advice, and no attorney-client relationship is formed by the posting of or reading of the same. In addition, note that the law is constantly in flux, and some information may be outdated.
People v. W.L.
Client was charged with Violation of a Protection Order. The charge was based on a technicality that was a grey area in the law. By reviewing the law, negotiating with the DA, and advising our client to participate in pre-sentence treatment, we were able to convince the DA that the right thing to do was dismiss the case. The DA eventually agreed, and the case was dismissed.
Client was charged with Violation of a Protection Order. The charge was based on a technicality that was a grey area in the law. By reviewing the law, negotiating with the DA, and advising our client to participate in pre-sentence treatment, we were able to convince the DA that the right thing to do was dismiss the case. The DA eventually agreed, and the case was dismissed.
Liz C. - Avvo Review
You will not find anyone more professional or efficient than Brynne. Her attention to detail lends to her success in a huge way, and her ability to be compassionate creates calm amidst chaos. She is relatable and reliable; but also consistent and dependable. I would absolutely recommend her for any legal needs.
You will not find anyone more professional or efficient than Brynne. Her attention to detail lends to her success in a huge way, and her ability to be compassionate creates calm amidst chaos. She is relatable and reliable; but also consistent and dependable. I would absolutely recommend her for any legal needs.
Robert - Avvo Review
Brynne’s guidance saved me from a wrongfully accused large expense. Without even needing to go to court. Brynne was surprisingly quick to respond, effective to help me understand my legal options, and understood my morale position and questions. I was wrongfully taking fault for a large expense and was told the other party was protected under a contract I signed. I didn’t see any way out of it after reading the contract carefully myself. But Brynne helped me understand the situation and guided my responses in a way that didn’t require us to even go to court. The other party more than covered the expense and my anxiety about the situation, all because of Brynne’s consultation.
Brynne’s guidance saved me from a wrongfully accused large expense. Without even needing to go to court. Brynne was surprisingly quick to respond, effective to help me understand my legal options, and understood my morale position and questions. I was was wrongfully taking fault for a large expense and was told the other party was protected under a contract I signed. I didn’t see any way out of it after reading the contract carefully myself. But Brynne helped me understand the situation and guided my responses in a way that didn’t require us to even go to court. The other party more than covered the expense and my anxiety about the situation, all because of Brynne’s consultation.