How We Charge

Legal fees don't have to be a mystery. Depending on your matter, we may bill hourly while holding a retainer, or through a flat fee – and we'll walk you through which one fits before you sign anything.

Hourly Billing With a Retainer

Most of our matters are billed hourly within a retainer-based fee structure. Your attorney and supporting staff, such as paralegals and legal assistants working under your attorney's supervision, track their time and bill you for the time worked on your matter in six-minute increments.

Here's how the retainer works:

• You pay a retainer up front, which we hold as a security deposit.
• Each month, we bill you for the hours worked at each team member's hourly rate.
• When your matter resolves, we apply the retainer to your final bill and return any remaining balance to you.

Respectfully, We Do Not Accept Matters on a Contingency Basis

Some attorneys, especially personal injury attorneys, work on a contingency basis. That means you typically pay nothing up front, and the attorney is paid only from a successful outcome.

Hendershot Cowart P.C. does not accept cases on a contingency basis. Many of our matters, such as transactions and business disputes, don't end with a cash recovery, so a contingency fee doesn't fit with how we work.

Flat-Fee Matters

We offer flat-fee pricing for legal projects that are predictable and limited in scope. Any services beyond the scope of the original flat-fee project or consultation are billed at the hourly rate. 

Matters we typically handle for a flat fee include:

• Litigation consultations
• Contract reviews
• Franchise agreement and franchise disclosure document (FDD) reviews
• New medical practice setup consultations covering structure, regulatory issues, and scope of practice
• Med spa, IV hydration, and ketamine clinic consultations covering structure, regulatory issues, the prohibition against the corporate practice of medicine, and other legal considerations

Call our office to discuss a potential flat-fee matter. We'll explain what the fee includes and what we need from you to get started.

How Much Will My Matter Cost?

After your initial consultation, we quote a retainer based on how complex your matter is. Our team then prepares a fee agreement for you to review and sign. It explains the payment terms and lists the hourly rate of each member of your legal team.

Some matters are straightforward, and we can give you a rough estimate at your consultation. Litigation is harder to predict and depends on several outside factors. 

What Drives the Cost Up or Down

Whether you're forming a business, buying or selling a practice, or resolving a dispute, here are a few factors that shape what you'll pay:

• How well your company's books and records are kept
• How complex the matter is, including the number of parties, entities, and owners involved
• How many documents, contracts, or electronic records have to be reviewed
• Whether regulatory issues, such as licensing or healthcare rules, are in play
• How cooperative the other side is, whether in a negotiation or a lawsuit
• How quickly you can provide information and make decisions
• In disputes, how many witnesses and experts are involved
• In disputes, whether a contract or state law lets the winning party recover attorneys' fees, and whether your business insurance covers any defense costs

Organized records save time on almost any matter. Current financial statements, signed contracts, meeting minutes, and ownership records let your attorney get straight to work. When records are missing or out of date, part of the bill goes to tracking them down and rebuilding them.

Budgeting for Litigation

No one can predict exactly what a lawsuit will cost. The other side's strategy, the court's schedule, and the volume of evidence all shape the final number. A fully contested business lawsuit can cost at least $50,000 to $250,000 in attorneys' fees before trial. What you can do is plan for each phase, so you know where your money goes and when you have a decision to make.

Most business lawsuits move through these phases:

• Case assessment. We review your documents, interview key people, estimate your potential exposure, and talk through what a win looks like for you. This phase usually costs the least, and it shapes your budget for everything that follows.
• Filing and responding. One side files the lawsuit, and the other side responds. A strong early motion can sometimes narrow the claims or end the case before the expensive work starts.
• Discovery. Both sides exchange documents, emails, and other records, answer written questions, and take sworn witness interviews (depositions). Discovery is usually the most expensive phase. It also pulls your management team away from the business while they find and review records.
• Motions to end the case early. After discovery, either side may ask the court to decide the case, or parts of it, without a trial.
• Mediation and settlement. Most business cases settle before trial. Mediation lets you weigh a known cost against the cost and uncertainty of going forward.
• Trial and appeal. Few cases reach this point, but those that do carry the highest fees. That includes preparing for trial, and sometimes preparing again if the trial date moves.

How We Help You Plan

At your first consultation, tell us your budget and any financial limits. We'll factor them into your strategy, and if a matter may not be worth the cost, we'll tell you so. We can break your case into phases, with clear decision points along the way: keep going, push for a settlement, or change course. We also review your contracts and insurance policies early, in case someone else may foot part of the bill.

Ready to Get Started?

Whether you face a legal issue now or see one coming, knowing what to expect can ease some of the stress and uncertainty. Call (713) 783-3110 or contact us online to discuss which fee structure fits your matter.

We Shoulder the Legal Burden.™ – so you can get back to business.