Serving clients throughout Louisiana.
One of the most common questions we are asked is how our fees work. It is a fair question — and one we are happy to answer transparently. While attorneys structure their fees in different ways, most will tell you in advance what they believe your case should cost and what resources will be necessary to achieve the best possible outcome. At Longman Jakuback, we believe you deserve to understand exactly how your money is being used and what you are getting in return.
Our attorney fees can be broken down into three basic types: retainers, fees placed in trust accounts, and flat fees. Here is how each works — and how we typically structure our agreements. The types of fees a lawyer may charge in Louisiana are governed under Louisiana Rule of Professional Conduct 1.5.
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At Longman Jakuback, we typically structure our fees as a mixed retainer and trust account agreement. We begin with what we call a minimum retainer — an upfront payment based on what we believe the time and resources necessary to handle your case will cost. To arrive at this number, we multiply our hourly rate by the estimated time required, then add projected investigative expenses, expert costs, and any other anticipated costs.
We then credit our hourly rate — along with any costs incurred for experts, specialists, and other services — against this retainer until it is exhausted. If your matter has not been resolved at that point, we ask that you make periodic deposits into our trust account so that we can continue litigating your case. Any funds remaining in the trust account at the conclusion of your case are returned to you.
A retainer is a fee paid to the attorney in advance of the work being performed. By paying a retainer, the client ensures that the attorney is committed to working on their case. The retainer amount is typically calculated by multiplying the attorney’s hourly rate by the estimated time needed to complete the matter. A retainer fee belongs to the attorney at the moment it is paid.
When a fee is placed into a trust account, the money does not belong to the attorney — it belongs to the client. The attorney holds the funds in an escrow account and earns them over the course of the representation by billing time and expenses against the account. The attorney provides the client with regular accountings of the work performed as funds are earned and transferred from the trust account to the firm’s operating account. Any funds remaining in the trust account at the end of the case are returned to the client.
A flat fee is a single, agreed-upon price for the entire representation. Flat fees provide certainty for both parties — once the amount is agreed upon and paid, there are no further discussions about money, and both sides know exactly what is included. A flat fee belongs to the attorney as soon as it is paid.
At Longman Jakuback, we generally do not structure our agreements as flat fees. The primary reason is straightforward: flat fees for quality representation in serious criminal matters tend to be extremely high. Our retainer and trust account structure is designed to ensure that you pay for the work that is actually done on your case — and that any unused funds are returned to you.
Post-conviction representation is structured differently from traditional criminal defense — and for good reason. The post-conviction process has a notoriously low success rate and cases take an average of approximately seven years to resolve. Given those realities, most ethical post-conviction attorneys divide their fees into two distinct phases.
The first phase involves a review of the case to determine whether any viable avenues for relief exist. This typically includes pulling and reviewing all documents related to the case and conducting a thorough interview with the client. The honest truth about post-conviction work is that in many cases, after a careful review, there are no grounds for relief — and the matter ends there. Charging a client a substantial fee to pursue a case with no viable path forward would be neither fair nor ethical.
At Longman Jakuback, we typically charge between $2,500 and $10,000 for the case review, depending on the size and complexity of the matter.
If the case review identifies potential avenues for relief, the attorney moves into the second phase — a substantially larger engagement that covers the full investigation of the case, the drafting and filing of the post-conviction relief application, and the litigation of the matter through collateral review and, where applicable, federal habeas corpus proceedings.
Because of the length, complexity, and resource demands of this phase, the minimum retainer for Phase Two is substantially higher than the initial review fee. The specific amount will depend on the nature of the claims being pursued, the volume of work required, and the anticipated length of the proceedings.
If you or a loved one is considering pursuing post-conviction relief, we encourage you to contact us to discuss whether a case review may be appropriate.
When your freedom or your family is on the line, you deserve a team that is as invested in the outcome as you are.
For a free and confidential consultation, call Longman Jakuback at (225) 383-3644 or complete our contact form. Our attorneys represent clients throughout Louisiana.
If you or someone you love is facing criminal charges in Louisiana, the team at Longman Jakuback is ready to fight for you. Contact us today for a free and confidential consultation.
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830 Main Street, Floor 2
Baton Rouge, LA 70802
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