How Much Better is a 'Better' Attorney?

The question often arises whether an attorney who charges more is better than one who does not. Many people believe that the price of legal services correlates with the quality of representation. However, this assumption can be misleading and is not always true.

The Myth of Hourly Rates

The argument that a more expensive attorney is inherently better is a common misconception. When I was a probate attorney in Seattle, I charged $300 per hour and maintained a busy practice. I regularly turned down cases because I was working with a high level of demand. Meanwhile, the top probate attorneys from the large downtown law firms were charging between $450-$500 per hour. Despite this, I felt on equal terms with them and likely made more than they did.

Why was this so? Running a large law firm is costly. For the attorneys in these firms, the net income after expenses is often only 1/3 to 1/2 of what they are paid. By contrast, my expenses were almost negligible, allowing me to take home about 95 percent of what I earned.

The Case Matters, Not the Attorney's Price

When it comes to legal services, the substance of the case, not the price of the attorney, is what matters most. There is no direct correlation between an attorney's hourly rate and their ability to win a weak case. Many successful strategies and outcomes are the result of meticulous case evaluation and strategy rather than the attorney's billing rate.

Contingency Fees and Significant Cases

If you have a significant case, such as a class action, it is beneficial to consider the possibility of representing you on contingency. Many top-tier attorneys will work for free in such cases because they stand to make money only if they win and you receive compensation. In such situations, paying the attorney with your winnings means they are effectively working for the money they would have earned anyway. This eliminates any financial risk for the attorney, as the potential return on their investment is the same whether they win or not.

However, if you are paying an hourly fee for an attorney to sue someone, it means they do not have confidence in the case's outcome. This means you are essentially paying for services that may not result in a favorable outcome. In this context, paying more for a "better" lawyer is not a guarantee of success and may not be the best strategy.

Conclusion

Understanding that the quality of legal representation is not solely determined by the price tag can help you make informed decisions about your legal needs. Regardless of hourly rates, the importance lies in the attorney's ability to evaluate and strategize for your case effectively. Whether you choose a more expensive attorney or a less expensive one, the focus should always be on the substance of the case and the potential outcomes.

Always seek legal advice from a qualified professional to understand the best course of action for your specific situation.