I had the great fortune of spending an hour last week with our Collaborative colleagues in Alaska answering their questions about establishing a flat fee or fixed fee program in their practice group.
The key to a successful flat fee case is properly setting the ground rules, setting proper client expectations from the beginning and sticking to the rules.
The most important ground rules are those relative to the fee. Make sure the clients understand exactly what they are getting. How many team meetings are included? How many hours for each professional is included? What happens when you reach the budgeted time and the case isn’t settled? And stick to those rules!
Don’t let the clients run away with your time. Let the client know they can’t email you every day, or multiple times during the day. Teach them to write down their thoughts and concerns and only share them once a week, or every few days. Don’t allow the client to dominate your time.
And the most important thing in a fixed fee case is for the lawyers to let the neutrals do their job before the very first meeting and throughout the matter without interference.