Fees
Fees are determined on a case-by-case basis depending upon the particular circumstances of the case and the issues involved. We usually charge our regular hourly fee for appeal consultation and the work involved in reviewing documents prior to rendering an opinion about the pursuit of an appeal. This investigatory process usually involves a retainer of $2,500 to $7,500 depending upon the work involved. If, after our investigation, the client wants to pursue an appeal, we adjust our hourly fee based on the complexity of the issues involved. We will also consider alternative fee proposals, such as:
- Flat fees;
- Reduced hourly rate with performance bonus;
- Reverse contingency fees;
- Capped hourly fees with performance bonus; and
- Contingent fees.
Except for pure contingent fees, fees and costs are required to be paid in advance and are payable upon execution of a retainer agreement with the firm.
Costs
Besides the attorneys’ fees, there are certain costs that go hand-in-hand with the prosecution of an appeal. Below are some of the ordinary costs involved:
- Transcripts — The client must arrange to pay for the court’s transcripts which form part of the record for the purposes of appeal. Transcripts cost approximately $4.00 per page with approximately 3 – 40 pages per hour of court time.
- Filing Fees — The current federal appeal filing fee is $455.00. The client must arrange for payment of the filing fee before our firm may commence work on an appeal.
- Copying and Binding — The courts of appeal require several bound copies of the firm’s final brief. Typical copying and binding costs run between $150 and $400. The client must make arrangements to pay these costs over and above the firm’s attorneys’ fees.
- FedEx — Appellate litigation is all about deadlines and the firm usually must use a courier service like FedEx frequently.
Currency Transaction Reports
Federal regulations require that cash transactions of $10,000 or more (or aggregating $10,000 or more) be reported to the United States Treasury using a Currency Transaction Report (CTR) form. This form requires that the identity of the person paying the fee be reported to the government. We prefer not to receive payment in cash. Payment should instead be made by check or wire transfer. The firm does not accept credit cards.
Source of Fees
If your case is potentially subject to government seizure or forfeiture efforts, payment of your attorneys’ fees must derive from assets not subject to a government claim. This may require you to demonstrate that the assets used for payment of attorneys’ fees are not the product of any criminal proceeds. In rare occasions, counsel may be required to disclose to the government the source of payment to prevent a forfeiture of attorneys’ fees.
