There are two fee structures I use, which are commonly used in the legal profession.

Contingency Fee

This is the fee type commonly known as "you pay nothing unless we get money for you."  I charge this type of fee in cases where a client is seeking compensatory damages, which are monies paid to reimburse the client for medical bills, lost wages, as well as pain and suffering.  I only use contingency fee agreements in personal injury cases.  Often in these cases, I will have to obtain medical records, depose expert witnesses and the like to prepare the case for trial.  Trial preparation in these cases can be very costly, even though most cases end up settling out of court.  I will advance all of these costs associated with the case.  Also, consultation is free regarding contingency fee cases.

Flat or Hourly Fee

The West Virginia Rules of Professional Responsibility prohibit an attorney from charging a contingent fee for a criminal case.  Accordingly, I must charge either a flat fee or by the hour in these cases.  Understandably, the first question any prospective client wants to ask is, "how much is this going to cost me?"  Although I understand this concern and would like to be able to provide the answer to that question on this website, the answer is that it depends largely on the complexities of your case.  Every case is different and you may discover that your case has more legal issues than you initially thought.  I charge a flat fee for most criminal cases because I know the last thing you want to have to concern yourself with at the same time you are defending yourself against the government’s charges is how to pay me.  A flat fee benefits both of us: you know my bill isn’t going to continue to increase and I know I’m going to be paid in a timely manner for my services.

Although it is my preference to charge a flat fee in criminal cases for the reasons above, sometimes in cases involving particularly complex legal issues, I may have to request a retainer and then bill the case by the hour against that retainer.  This is because for a more complex legal case, I am going to have to spend more of my time to adequately prepare your defense. By charging an hourly fee, I ensure that I am fairly compensated for my time.

Regardless of whether we agree to a flat fee or retainer agreement, you are always responsible for the costs of litigating the case. This would include payment for any experts who we may need to hire to assist in your defense, travel expenses, court reporter fees, copying fees, etc.