I am frequently reminded by new clients how difficult it is to locate a consumer attorney. Most of my clients have never retained an attorney until the onset of their current disaster. For individuals residing in less metropolitan areas, it may be necessary to retain a local attorney inexperienced in warranty litigation. Where the task is well-identified and the effort known, a flat fee can work. Drafting a will is a good example.
Hourly fees are the norm for many lawyers.
Usually an advance payment is required to cover initial expenses and several hours of lawyer time. If a warranty matter can be resolved quickly with a letter and a few hours of follow-up work, no doubt the lowest legal fee will be incurred. The client was of average means, and the trial judge refused to award legal fees. After the loan was repaid to the lender to secure the title, there were only a few hundred dollars left to pay for expert charges, court costs, and transcripts. This is the philosophy of the insurance defense bar also, as I have learned.