These feelings may be complicated by the client's discomfort in needing an attorney's services in the first place and further complicated by the client's inability to separate the attorney from the legal problem itself. Allowing the client to negotiate a detailed retainer agreement helps level the playing field. There are numerous terms and conditions to be negotiated. They include billing rates as well as the policies and procedures for rate increases, invoice submittal and payment. Staffing by other attorneys, paralegals and support staff can also be negotiated.
Disbursements are often an area of dissatisfaction.
Frequently however, disputes over relatively small items can throw an entire bill into question. The more terms negotiated, the more the client feels a part of the process. It is harder for the client to dispute a bill when the client negotiated the terms. There are fewer areas for dispute later on, which can translate into greater overall satisfaction. Of course, the attorney needs to offer more to the negotiation than the rate for copies and may have to make what seems like real concessions up front.