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Explanation of Out-of-Pocket Costs In addition to attorney fees, which are addressed in a contract between the Firm and you, clients must pay the lawyers for any out-of-pocket expenses incurred in preparing, presenting or prosecuting their claims. The North Carolina and South Carolina State Bar rules require that the client, regardless of outcome, pay expenses. In addition to a possible fee retainer, we usually request each of our clients to contribute some amount of money "up front" to help finance his or her matter, whether it is litigation or organization of a company. This way, the client has a financial stake in the matter, and our cash flow is more manageable. We make every effort to keep out-of-pocket expenses to a minimum. After all, this is your money, and we do not want to waste it. However, some expenses are necessary in almost every case or project. Depending on the type of case you have, the following are examples of expenses you can expect: Photocopies: In most cases, we will make photocopies of certain documents. We ONLY pass the costs of making photocopies to you, if we have an outside vendor (i.e. Kinko’s) do the copying. You are not charged for copies handled in house. This is a cost of our business that already is built into our fee structures. Unlike some law firms, we do not make any money off of photocopies. Long Distance Telephone Charges: Like photocopies, we charge you OUR costs for making long distance telephone charges related to your matter. Mileage Reimbursement: We reimburse for mileage outside of Mecklenburg County when used in connection with your matter. We reimburse in accordance with the IRS accepted rate for mileage. Electronic Research: By using electronic communications to access offsite databases, we are able to do legal research with access to every reported case in the country; to identify medical journal articles helpful to explaining your injury; gain access to technical journals; product recall notices; and the like in matters involving defective products. These databases are privately owned and fees usually are charged to access them. If your case does require computer research, the cost of the research, as billed to us, will be charged to your account without any mark-up. Every effort is made to minimize these costs, without running the risk that inadequate preparation and research will harm your case. Electronic offsite research costs vary. Electronic research usually does not exceed $150.00. Some matters may not require such research. Accident Report: We need a certified copy in every case. The North Carolina Department of Motor Vehicles charges $5.00 per copy. Driving Records: The Department of Motor Vehicles charges a $5.00 fee for each search. We use a private service which charges $15 per report. Film Purchase and Processing: If we take photographs of an accident scene, damaged automobiles, or injured clients, the cost of purchasing and developing the film may be charged to the client. If you have photographs yourself, please give them to us, with the negatives, for use in your case. Film and developing usually run about $10.00 per matter. If a lawsuit is filed, enlargements may be necessary to use as courtroom exhibits and may cost in excess of $100.00. Medical Records and Reports: Hospitals and doctors generally charge for providing us with copies of your medical records. The cost, if any, will depend on the extent of your medical treatment. These costs run about $150.00 to $250.00. More extensive injuries may require costs well in excess of $500.00. If a narrative report from your doctor is necessary, he or she will charge us for the time spent reviewing your records and preparing the report. These charges vary from doctor to doctor and can cost from $350.00 to $500.00, or more, depending on the doctor and the extent of injury and treatment. Secretary of State Filing Fees: If we are organizing a corporation or LLC for you, the Secretary of State requires that you pay a filing fee. Depending on how quickly you want the company operational, the filing fee ranges from $125 to $375. Court Filing Costs: If a lawsuit must be filed in your case, there are several court fees that must be paid at the time the lawsuit is filed. In addition, the Sheriff or other official who must serve the suit papers on the other parties charges for this service. In some cases, service of suit papers will be on a state agency, such as the Commissioner of Motor Vehicles or the Secretary of State, in w hich case there is a fee charged by that agency. The current fees and charges in North Carolina (they are subject to change) are: Clerk of District/Superior Court (filing suit in state court): $84.00 – 144.00 Clerk of Federal Court (filing costs) $250.00 Sheriff (service of suit papers, for each person served) $15.00 Secretary of State (service fee) $10.00 Commissioner of Motor Vehicles (service fee) $10.00 Clerk of Superior Court (subpoenas) $5.00
Depositions: Depositions (where testimony is taken out of court) are a necessary part of any lawsuit. They also are the single most expensive cost item, except for expert witness fees, you will incur in your case. Deposition costs may include court reporter appearance fees, a transcript of the deposition, video operator, and expert witness fees. Typically, the depositions expenses will run: Court Reporter (appearance fee) $50.00 Original transcripts $750.00 One copy of transcript $250.00 Video operator $250.00 Witness fees (for doctor or expert) $1,000.00 Videoconferencing (per hour) $350.00 If you win your case after a trial, some, but not all, of these deposition expenses may be recovered from the other party as court costs. Expert Witnesses: If a lawsuit is necessary, we may designate your treating physician, if there is one, as “expert witness”. Otherwise, we will consider him or her as a fact witness. In some cases, we also must employ other expert witnesses. These people will charge for their time and expenses at varying rates, depending on the degree of expertise, the time involved, and so on. The following are guidelines only: Type of Witness Out of Court Costs In Court Cost Treating physician $ 750.00 $ 2,000.00 Vocational consultant 500.00 600.00 Economist 1,000.00 2,500.00 Psychologist 600.00 1,000.00 Engineers 1,500.00 2,500.00 In workers’ compensation cases, the Industrial Commission establishes medical expert witness fees. However, you must still pay the expert witness for out of court work on your claim. Appeals: Win or lose, you may be faced with an appeal of the decision in your case. Estimated appeals costs are: Appeal Bond (paid only if you appeal) $250.00 Printing costs $1,500.00 Mailing and transmittal expense $30.00 If you are successful at the appellate level, you may recover some of your expenses. If the other party prevails, the Court may require you to pay the other party's expenses of the appeal. Court Costs in General: If your case goes to trial and you lose, the Court may require that you pay the other party's attorney's fees and court costs. This would include such things as subpoena costs and expert witness fees set by the court, and may include the other party's deposition expenses, too. Miscellaneous: Since each case is unique, there may be some expense item in your case that is not typical of other cases. We will discuss any anticipated, but unusual cost before charging it to your account. General Comments:
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