Statistical data, if available, usually is superior to antidotal
stories of what lawyers charge. Many surveys of hourly rates are done.
Most experts will check if statistical data exists for the
"customary rate" charged by lawyers in the jurisdiction involved.
Often such data exists. For example, the American Intellectual Property
Law Association ("AIPLA") commissions a survey of its members every 2 years
and it publishes these in what it calls a "Report of the Economic Survey".
Rates are collected for 14 geographic areas and by associate or partner. See
www.aipla.org for more information. The Surveys are not made available
online, but may be purchased.
Examples of state surveys are those done by the State Bar of Oregon
and the Colorado State Bar, which break the rates down by areas of the
state. They are available online.
The State Bar of Texas has an exemplar system for surveying attorney fees
and reporting meaningful statistics on what lawyers charge and earn. Read a sample of their reports and other information available at the
Research and Analysis Section of the Texas State Bar Office, and delve into the methods
the state bar staff's uses to obtain the information. You will see the
power of a large bar harnessed to provide meaningful information on what
lawyers charge and earn, as a part of letting lawyers practice law in a
business-like way. (We archive some of
the Texas material. E.g., the 2005 survey of lawyer fees
in Texas. ).
Lawyers in the District of Columbia are perhaps the lawyers most known
for charging what the highest rate the traffic will bear. To know what the
competition is charging, lawyers in D.C., often read the yearly survey of
attorney fees that is called the Laffey Matrix. It shows attorney fees
charged in D.C., and has been available since 1982 from the United States
Attorney's Office for the District of Columbia. The hourly rates are
shown by years of experience, usually categories of 20+ years of
experience, 11–19 years, 8–10 years, 4–7 years, 1–3 years, $205;
and paralegals/law clerks.
If statistical data
is not available, other types may be available and appropriate for the case.
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