Attorneys generally charge their clients in one of three ways: (1) an agreed hourly rate, times the number of hours the attorney spends on the matter; (2) a contingent fee, in which the attorney receives a percentage of the amount recovered or received by the client in the matter; or (3) a fixed-fee in which the attorney charges an agreed amount (often with some or all of the fee paid before work begins). If the attorney is charging on an hourly basis, he may require a fee deposit (sometimes called a retainer) to secure payment of the hourly fees. The client may be required to replenish this fee deposit. The attorney must hold the unearned fee deposit in her trust account until she does the work and is entitled to some or all of the payment.
In Delaware, attorneys may charge clients using one of three common fee structures: hourly rates, contingent fees, or fixed fees. An hourly rate is calculated by multiplying the attorney's agreed-upon hourly fee by the number of hours worked on a client's case. A contingent fee arrangement involves the attorney receiving a predetermined percentage of the client's recovery or settlement in a case, which means the attorney only gets paid if the client wins or settles the matter. A fixed fee is a set amount agreed upon between the client and the attorney for legal services, and it is often paid in part or in full before the attorney begins work. When an attorney charges by the hour, they may require a retainer or fee deposit upfront to ensure payment for future services. This deposit may need to be replenished over time. It is important for the attorney to keep any unearned fee deposits in a trust account and only withdraw funds as they earn them through work performed on the case. These practices are regulated by the Delaware Rules of Professional Conduct, which set forth the ethical standards for attorneys practicing in the state.