WHAT ABOUT ATTORNEYS FEES?

Weigh the value of your goal.  The value of legal assistance can be determined against the value of the rights you are seeking to protect.  For example, how much is it worth to be protected from being forced out of your home in a week or so?  How much is it worth to get those needed repairs?  How much is it worth to fight a claim that you owe the landlord money you do not owe?  Obviously, you will not spend $600.00 in fees to sue for $100.00.  However, spending $600.00 to fight an eviction that could cost thousands in moving costs and result in severe credit damage would be a bargain even if there is no rent in dispute! 

Office visit charges   Sometimes it is very important to take legal action before you are involved in any lawsuit.  You may want the return of your deposit, protection against unfair treatment or to take action to prevent an eviction.  In these cases, a simple office visit may handle the matter with a nominal fee.  Ask for the fee up front for this visit including any fee for any letters.  Also, Sometimes, just knowing where you stand in a situation has significant legal value and gives peace of mind.

Get up front quotes on estimated fees before you retain the Attorney.  Open ended retainers with no estimates are very risky.  The Attorney should have enough experience in your matter to be able to predict the general cost of the intended service.   A flat fee without regard to hours, at least for a portion of the case, is the best.  At least you will know what it will cost for a predicted level of  service.  Beware, however, since some Attorneys who collect a flat fee will not be so anxious to spend any extra time with you (additional questions etc.).  The longer they spend on your case, the less they make per day.  

Avoid "Free consultation" offers.  While these are common for personal injury and some other contingency cases, they do not apply very well to Landlord-Tenant matters.  The Attorney's office that will not quote fees for routine services over the phone should not be trusted.  Many times the "Free consultation" is merely a device to take advantage of a tenant who is in a crisis.   Once in the office, the Attorney can size up the tenant (e.g. How much  do you earn?  How desperate are you?) and charge accordingly.  Further, tenants may feel so pressured by the situation that they will not be able to make an intelligent decision regarding hiring this Attorney.  Many times they just say O.K. to most any fee, even very excessive ones.  That "Free consultation" may become very expensive. 

What is the experience level of the Attorney?   Is this a newly licensed Attorney?  Is this an Attorney who claims to handle many types of cases which include tenants rights?  Without the experience in assisting tenants, just advertising for Landlord Tenant cases does not mean that the Attorney is qualified to assist Tenants.  What are they doing today, handling a messy divorce, immigration matters, defending a criminal case, filing a bankruptcy etc?   Are they the jack of all trades, yet masters of none?  You want your Attorney to have years of significant experience in your type of case on a daily basis, not just part time.  It is easy to pay for an Attorney to get clients by fancy marketing, but it takes years of hard work to become specialized in any area of the law, especially Tenant's Rights.

At THE TENANTS LEGAL CENTER of San Diego (TLC), we don't play the free consultation game.   If the tenant needs a consultation regarding an analysis of legal rights with quality guidance, we will quote that fee before making an appointment.  If the tenant wishes a routine service (eviction defense etc.), we will quote those fees also.  We take time with our clients.  We try to answer all questions about the case.

Steven R. Kellman, the founder of the TLC, has been representing tenants on a daily basis since 1982 and has contributed to the writing of law books on this subject used by lawyers and judges.  The Attorneys at the TLC have extensive experience in Tenants Rights Law and successfully assist tenants on a daily basis. 

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California law for San Diego is applied in these pages.  Such laws may or may not be applicable in other jurisdictions.  The information provided herein is of a general nature and is not intended to be taken as specific legal advice.  For legal advice in a particular situation, promptly consult with an appropriate attorney.