What can clients do to avoid fee disputes in the future?

Always ask your attorney for a written fee agreement. Although written fee agreements are not required for most fee types, having a written fee agreement helps clarify what the attorney will charge. Ask the attorney questions if you do not understand the agreement. This is critical because a clear initial agreement tends to prevent subsequent disputes. If you were renting a house, you would likely ask if the costs of electricity, water and garbage pickup were included in the rental price. You should ask questions about the agreement and which services the attorney will provide under it. Arbitrators, in most cases, cannot render an award that is contrary to the terms of an executed written fee contract.

Ask your attorney specific questions. For example, will you be charged each time you call or email the attorney? Does the fee include providing updates to you on a regular basis? What does "regular basis" mean to the attorney? Will the fee increase if the case takes longer than either of you expect? Even though itemized bills are not required, ask the attorney for an itemized bill if the attorney charges by the hour so that you will know how much the case is costing as it progresses.

Some attorneys will take your case on a "contingency" basis when you pursue a case against someone for money. This means you will not be charged attorney’s fees if you lose the case. If you win, you pay the attorney a percentage of the settlement or judgment. Before you agree to a contingency fee, make sure you understand how it will work in your case. What will the attorney's percentage be? Will it be taken from the total amount awarded or after expenses are subtracted? Ask the attorney to explain the difference between the attorney’s fee and the expenses related to your case. Will the attorney’s fee increase if the case is filed in court? Will the fee be more if you lose in the trial court, but appeal the decision to a higher court and win?

Most attorneys charge retainers. Get a clear understanding as to whether the retainer is refundable or nonrefundable in the event the case or your attorney/client relationship concludes prior to its expected time.