Emails are often charged if allowable in the attorney client engagement agreement

Email charges are a general question from clients to lawyers. On the subject matter, I would say that yes, lawyers charge for emails if the attorney fee agreement allows for it.

A lawyer must notify a client in writing of the billing basis for the Lawyer’s services in most circumstances. This is generally accomplished with a written retainer agreement. The retainer agreement is generally in writing and will spell out if emails will be charged for by the attorney or law firm.

The most usual type or retainer agreement is to charge by the hour, with each attorney in the law firm receiving a set hourly rate and timekeeping to the tenth of an hour.

Occasionally, lawyers will bill a fixed fee for a specific task and include it in a fee agreement. The agreement might contain a list of services with a flat fee for each and a note that other services are invoiced on an hourly basis.

In practice, a lawyer may bill for repeating standard time increments for specified brief obligations, whether or not this is indicated explicitly in the fee agreement. Most lawyers, for example, would charge a minimum of 0.1 hours for any chargeable action such as brief e-mail, telephone calls, or preparation of court documents, regardless of the time.

As a general rule, 0.1 hours every short email in an email chain and 0.2 hours for quick phone calls of more than a few words would be reasonable, with more significant amounts invoiced for a lengthy email or a long phone discussion.

A lawyer may also charge a flat fee for transactional drafting services. Services include 

  • Preparing an essential will or deed
  • Billing a specific amount of time for typical
  • Short activities (drafting and filing a motion for extension of time, charging a flat price for an initial consultation).

Before delving into the core of lawyer email charges, you must understand the various types of fee structures in the legal context.

Types of Attorneys’ Fees

Understanding the many types of attorney retainer agreements is essential before engaging in any legal representation or fee arrangement.

The initial step is to select an attorney, but keep in mind and consider fees that are involved. It would be best to recognize that all forms of legal compensation are negotiable.

There are four primary forms of attorney remuneration arrangements: contingency fee, modified contingency fee, hourly fee, and flat fee. Each structure has its variations.

Contingency Fee

A contingency fee compensates an attorney for legal services rendered based on a percentage of the recovery.

Although applicable in other situations, this form of agreement is most commonly utilized in personal injury cases.

The charge range can be anywhere from 25% to 40%, and it may even be more or lower than that. The average charge is 33 1/3% of the gross amount recovered.

The actual contingency fee is agreed upon between the Lawyer and the client. The likelihood and quantity of recovery are commonly used to determine the charge.

As a result, if achieving a good result is anticipated to be difficult, the charge percent will be higher. In the same way, if the amount recovered is small, the charge % will be higher.

The attorney will most likely decline to represent you if the matter would require a lot of time and effort, and the projected amount of money recovered is small.

Another essential part of the contingency fee agreement is the amount against which the percentage is computed. “Gross amounts” refers to the total amount of money received.

If you want to deduct expenses from the proportion of the recovery, you should state them in the agreement or include language like “after expenses are deducted” in the contract.

Some of the expenses that can be stated are court costs, expert witness fees, copying charges, and investigative costs. In a contingency type of agreement it is possible you would not be billed for emails sent or received by your attorney.

Modified Contingency Fee

The modified contingency fee arrangement is another way to use the contingency fee structure. Both an hourly rate and a contingency charge are employed in this case. Although there may be changes and offsets, the hourly rate is considerably decreased, and the percentage is also reduced.

The modified contingency allows the attorney and client to move forward with a case in which the likelihood of recovery is low or the possible amount of recovery is small. It can also be used when the issue is expected to take a long time to resolve.

It allows the attorney and client to proceed with a case in which the chances of recovery are slim, or the amount of recovery is limited. It is also helpful when the problem is projected to take a long time to solve.

The attorney may prefer this method due to the client’s specific situation. For instance, it may be difficult for the attorney to prosecute the case for a long time without getting money.

Adopting a modified contingency plan can also be used to entice an attorney to take a legal issue that they would not have taken otherwise for various reasons.

To answer whether or not you would be billed for an email in this type of retainer agreement you would have to look at how the matter of emails is handed. It is is possible emails would be billed separate of the modified contingency agreement.

Hourly Fee

Attorneys’ hourly rates are determined by various criteria, including the case’s subject matter, the attorney’s years of experience, the intricacy of the issue, and the attorney’s overall overhead.

The client must understand that the hourly fee is a negotiating point. The hourly price is more likely to be changed if the attorney sees the value of addressing the matter–whether that benefit is in the form of fee generation, possible client referrals, or notoriety.

The possible danger to the client and the attorney is another significant aspect influencing the hour fee. If the matter involves a substantial level of risk for the attorney, such as exposure to liability, the hourly charge will almost certainly be higher.

Securities, estate planning, tax, and real estate issues are all examples of potential risk scenarios. An attorney’s liability insurance costs and staffing requirements are higher in such circumstances.

Criminal cases are on the other end of the scale for cases with catastrophic consequences. In general, the attorney in criminal cases has more latitude than in other forms of legal problems.

As a result, liability for errors is more challenging to demonstrate, and liability insurance–a significant legal expense–is much less expensive in criminal cases.

As a result, legal fees in criminal cases are often cheaper than in other types of litigation. There are a few occasions where the rule is not applicable. In terms of hourly costs, securities or tax work in the criminal field can be pretty pricey. Inquire about whether travel time from the attorney’s office to court or meetings is included in the hourly rates.

Another crucial aspect is whether or not the attorney has a minimum billing time. Some attorneys, for example, bill a minimum of 15 minutes for each job, regardless of the actual time spent on the task–whether it is making/receiving telephone calls or voicemail messages or sending/retrieving an email message.

As one might assume, there are improvements to the hourly rate fee arrangement. One that has particular significance is the equity arrangement. 

In this case, the attorney is compensated for his services by receiving a portion of the transaction’s equity. The refinement could also come in a lower hourly fee combined with an equity stake.

This type of structure is frequently used when law firms are kick-starting operations. The client wants to reduce start-up expenditures to a minimum while still requiring legal support in these situations.

It is common and would be expected that business related emails would billed to the client is an hourly retainer agreement.

Flat Fee

The flat fee is the last common sort of a lawyer’s fees in the legal system. This form of charge is commonly utilized in criminal cases, but it is also used for common types of representation, such as incorporation, estate planning, and will preparation.

In a criminal case, the attorney estimates how much he expects the representation to cost. He tries to get a fee “upfront” for that amount.

Clients who face the dreadful repercussions of a criminal procedure want representation and believe they can afford it, according to experience. On the other hand, the client is more likely to make an initial payment and subsequently fail to pay the remaining.

In minor instances, the attorney’s efforts to recover the nominal flat fee are not commercially viable. As a result, most attorneys would try to receive as much of the flat fee upfront as possible in small criminal cases, knowing that they may not get paid anything else.

The collection issue is less critical in more significant fee instances involving corporations or key personnel. In those cases, the client typically pays a hefty fee at the start of the case and is then billed hourly for the remainder of the engagement.

In other cases, such as estate planning or corporation formation, the flat fee or a portion of it is paid when the attorney/client relationship is established. The remaining balance is billed monthly or when the job is completed.

It is vital to remember that a client’s representation may be limited to a single incident in criminal cases. In contrast, a long-term connection with the client is far realistic in other circumstances. In long-term relationships, the problem of fee collection is thus more minor of a concern.

Knowing the primary sorts of fee arrangements is essential, but it’s also important to realize that the cost and nature of legal fees are both changeable. Costs incurred by the attorney throughout the representation are also negotiable, but not to the same extent.

Telephone conversations (calls), emails, photocopying costs, legal expert witness fees, investigator fees, and travel expenses are examples of such expenses. It is uncommon for these to billed individually, however.

When can you expect a lawyer to charge you for emails?

Various circumstances can guarantee a lawyer charging you for emails. Here are two prominent conditions in which a lawyer could charge you for mails.

When the attorneys’ fees agreement permits it

A lawyer can charge you for their services once an agreement to form an attorney-client relationship has been reached.

The fee arrangement is usually formalized into a contract that is considered the best practice. That signed contract also gives lawyers the authority to charge for emails in most circumstances.

Both parties usually examine and sign this written attorney fee agreement before the attorney or staff charges the client for any services.

On the other hand, the parties’ agreement does not always have to be written down. The unwritten agreement is not advised because laws differ from state to state.

The attorney fee agreement will usually state that the attorney has the right to charge you for any work done on your behalf.

When there is no Agreement

Written attorney fee agreements are often the best approach to determining what should be paid for and not.

On the other hand, state bar associations rarely make this a condition. As a result, an attorney-client relationship might emerge without a written agreement.

The client will pay the attorney for the agreed-upon services.

If the parties do not specify, the attorney is believed or implied to charge the client for all services rendered on their behalf or for the benefit of their case.

Is there ever a time when an attorney won’t be able to charge you for emails?

Described below are some situations in which a lawyer may or may not charge you for e-mails;

When there is an attorney-client relationship mutual agreement of no email charges

If both the attorney and client have a mutual understanding that email charges would not be a part of their transactions, it is expected that the attorney absconds to incurring e-mail charges.

When an attorney’s legal fees become unreasonable

The attorney would not charge you for an email if the amount of time billed for it is unreasonable and looks to be over-billed, which can be flagged by a client as a malpractice claim.

Let us assume the attorney charges you 1.0 (one hour) for a two-line email. It is difficult to see how this is an acceptable fee.

An hour spent on a two-line email cannot be billed to a client unless the attorney can provide reasonable explanations.

When the e-mail charges violate Lawyers’ ethical duties and responsibilities you should not be charged for e-mails

It is considered legal malpractice, for example, for lawyer bills to cover the whole sum to several clients when the task was completed once and benefits them all.

For example, if an attorney is working on two cases with comparable facts, both cases can profit from the same study.

Even though the entire five hours benefits both clients independently and equally, the Lawyer cannot bill both clients for the total five hours of study.

In most jurisdictions, this is unethical, and the attorney would be compelled to split the 5 hours billed.

In terms of e-mails, he cannot charge you for them. If there were a situation where charging for an e-mail, the case would be against professional ethics.

When the fee arrangements are flat fees and contingent fees, clients should not be charged for e-mails.

In a flat fee arrangement, the client submits a single sum payment at the start of the case, which is meant to cover all or part of the case.

The flat rate is intended to cover all of the time in these instances, and the client should not be charged for services such as e-mail.

On a contingency basis, the client does not pay for the attorney’s time hourly when paying a contingent fee.

As a result, invoices for e-mails sent and received should not be provided to the client, as no attorneys fees are collected until the matter is resolved.

In addition, the recovery percentage remains constant regardless of how many e-mails are sent or received.

What Should A Lawyer Charge For An Email?

Attorneys should, in general, charge their customers reasonable fees for the legal advice and services provided.

It is, in most circumstances, the amount of time spent on the email. On the other hand, most fee agreements allow attorneys to bill a minimum amount for any action, regardless of how long it takes.

A popular billing format from lawyers is the six-minute increments method (A.1 is six minutes). Even if reading an email took less than six minutes, most fee agreements allow the attorney to bill a.1 since the fee agreement specifies the bare minimum.

On the other hand, many lawyers use a timer and bill for the time they spend on providing legal services for clients, regardless of whether the contract has a.1 minimum.


Q1. Can a Lawyer charge you without your consent?

If a lawyer charges a fee, the legal or ethical criteria is whether it was “fair.” It is probably an ethical violation for them to try to charge you if the fee conditions are undisclosed in any way.

Q2. Do Lawyers charge to ask Questions?

Yes, you can ask any lawyer a question over the phone. You will, however, have to pay a fee for each attorney’s response.

Q3. Can a lawyer charge you for telephone calls?

Yes, most lawyers charge for phone calls based on their hourly cost. The hourly charge will be pro-rated to the extent that the call is less than an hour.