A potential client should also consider finances. If a client's financial resources are limited and she does not face a devastating loss in a case, she may wish to consider an attorney who charges moderate fees. Even if a case poses the threat of financial destitution or, in a criminal case, loss of liberty, a client may prefer an attorney with moderate rates. The best representation does not always come from the attorney charging the highest fees. Nonetheless, attorneys operate in an open market, and an attorney's rates tend to reflect his or her reputation, resources, and previous success.
Attorneys also vary in their fee arrangements.
The most common forms of billing include flat fees, contingent fees, retainer fees, hourly rates, and variable contingent fees. A flat fee is a dollar amount that the attorney and the client agree on before the attorney begins work. Many attorneys favor the flat fee because it is a simple transaction and because the fee is paid up front. The attorney identifies an amount of work that the case will require and calculates a reasonable fee based on the time and effort involved. If the attorney spends less time on the case than anticipated, he may keep the excess fee amount, unless he and client agree otherwise.