如果您的案件進入審判,您的律師在沒有完全準備的情況下出庭您認為結果會如何,在ABA Model Rules of Professional Conduct Client-Lawyer Relationship 中對於律師收費的標準有下列的建議
Rule 1.5 Fees
(a) A lawyer shall not make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount for expenses. The factors to be considered in determining the reasonableness of a fee include the following:
(1) the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly;
(2) the likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer;
(3) the fee customarily charged in the locality for similar legal services;
(4) the amount involved and the results obtained;
(5) the time limitations imposed by the client or by the circumstances;
(6) the nature and length of the professional relationship with the client;
(7) the experience, reputation, and ability of the lawyer or lawyers performing the services; and
(8) whether the fee is fixed or contingent.
(b) The scope of the representation and the basis or rate of the fee and expenses for which the client will be responsible shall be communicated to the client, preferably in writing, before or within a reasonable time after commencing the representation, except when the lawyer will charge a regularly represented client on the same basis or rate. Any changes in the basis or rate of the fee or expenses shall also be communicated to the client.
(c) A fee may be contingent on the outcome of the matter for which the service is rendered, except in a matter in which a contingent fee is prohibited by paragraph (d) or other law. A contingent fee agreement shall be in a writing signed by the client and shall state the method by which the fee is to be determined, including the percentage or percentages that shall accrue to the lawyer in the event of settlement, trial or appeal; litigation and other expenses to be deducted from the recovery; and whether such expenses are to be deducted before or after the contingent fee is calculated. The agreement must clearly notify the client of any expenses for which the client will be liable whether or not the client is the prevailing party. Upon conclusion of a contingent fee matter, the lawyer shall provide the client with a written statement stating the outcome of the matter and, if there is a recovery, showing the remittance to the client and the method of its determination.
(d) A lawyer shall not enter into an arrangement for, charge, or collect:
(1) any fee in a domestic relations matter, the payment or amount of which is contingent upon the securing of a divorce or upon the amount of alimony or support, or property settlement in lieu thereof; or
(2) a contingent fee for representing a defendant in a criminal case.
(e) A division of a fee between lawyers who are not in the same firm may be made only if:
(1) the division is in proportion to the services performed by each lawyer or each lawyer assumes joint responsibility for the representation;
(2) the client agrees to the arrangement, including the share each lawyer will receive, and the agreement is confirmed in writing; and
(3) the total fee is reasonable.
您的律師收費的標準是按照part 1的部份做為法源依據來收費,如果您考慮到花費,您當初您在聘任的合約上應該要求一個收費的最高上限,或是一個最高的處理時間的上限來控製案件的花費,如果您沒有與律師達成這個協議,那麼您的律師有權就所使用的時間向您收費,然而有一個部份是保障您的權益是在上述的規定中有要求律師不能超過當地一般處理相類似案件的費用來提高收費的標準所以如果您的律師charge您的費用高於當地相類似服務收費的標準或是所charge您的時間遠超過實際所須的時間,那麼您可以就這個部份向當地的state bar 提出申訴要求調查.
您應該做的是,如果對方與您的庭外和解的協議中沒有提及如果雙方達成協議,您放棄任何對於對方相對提出訴訟的權力,或許您可以考慮與您的律師商量是否應該對於對方提出訴訟,要求對方支付您所有處理這個訴訟所需要的開支,以及您因為這個訴訟所蒙受實際收入的損失.
Rule 1.5 Fees
(a) A lawyer shall not make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount for expenses. The factors to be considered in determining the reasonableness of a fee include the following:
(1) the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly;
(2) the likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer;
(3) the fee customarily charged in the locality for similar legal services;
(4) the amount involved and the results obtained;
(5) the time limitations imposed by the client or by the circumstances;
(6) the nature and length of the professional relationship with the client;
(7) the experience, reputation, and ability of the lawyer or lawyers performing the services; and
(8) whether the fee is fixed or contingent.
(b) The scope of the representation and the basis or rate of the fee and expenses for which the client will be responsible shall be communicated to the client, preferably in writing, before or within a reasonable time after commencing the representation, except when the lawyer will charge a regularly represented client on the same basis or rate. Any changes in the basis or rate of the fee or expenses shall also be communicated to the client.
(c) A fee may be contingent on the outcome of the matter for which the service is rendered, except in a matter in which a contingent fee is prohibited by paragraph (d) or other law. A contingent fee agreement shall be in a writing signed by the client and shall state the method by which the fee is to be determined, including the percentage or percentages that shall accrue to the lawyer in the event of settlement, trial or appeal; litigation and other expenses to be deducted from the recovery; and whether such expenses are to be deducted before or after the contingent fee is calculated. The agreement must clearly notify the client of any expenses for which the client will be liable whether or not the client is the prevailing party. Upon conclusion of a contingent fee matter, the lawyer shall provide the client with a written statement stating the outcome of the matter and, if there is a recovery, showing the remittance to the client and the method of its determination.
(d) A lawyer shall not enter into an arrangement for, charge, or collect:
(1) any fee in a domestic relations matter, the payment or amount of which is contingent upon the securing of a divorce or upon the amount of alimony or support, or property settlement in lieu thereof; or
(2) a contingent fee for representing a defendant in a criminal case.
(e) A division of a fee between lawyers who are not in the same firm may be made only if:
(1) the division is in proportion to the services performed by each lawyer or each lawyer assumes joint responsibility for the representation;
(2) the client agrees to the arrangement, including the share each lawyer will receive, and the agreement is confirmed in writing; and
(3) the total fee is reasonable.
您的律師收費的標準是按照part 1的部份做為法源依據來收費,如果您考慮到花費,您當初您在聘任的合約上應該要求一個收費的最高上限,或是一個最高的處理時間的上限來控製案件的花費,如果您沒有與律師達成這個協議,那麼您的律師有權就所使用的時間向您收費,然而有一個部份是保障您的權益是在上述的規定中有要求律師不能超過當地一般處理相類似案件的費用來提高收費的標準所以如果您的律師charge您的費用高於當地相類似服務收費的標準或是所charge您的時間遠超過實際所須的時間,那麼您可以就這個部份向當地的state bar 提出申訴要求調查.
您應該做的是,如果對方與您的庭外和解的協議中沒有提及如果雙方達成協議,您放棄任何對於對方相對提出訴訟的權力,或許您可以考慮與您的律師商量是否應該對於對方提出訴訟,要求對方支付您所有處理這個訴訟所需要的開支,以及您因為這個訴訟所蒙受實際收入的損失.
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