Attorney Fees Estimate of the Week: Motion to Set Aside Trial Verdict and Requesting New Trial
So a Prospective client contacted me and asked for a price quote on a motion to set aside a trial verdict for a Unlawful Detainer where they had missed the trial, claiming they had not been given proper notice. On its face, I accepted their factual explanation. As a consequence I was willing to file a motion based on the grounds of: Accident or surprise, which ordinary prudence could not have guarded against. Over the phone, I stated I needed $1500 retainer to get started.
Client acted shocked, but said they would be calling back. And they do call back an hour or so later, and asks for an exact description of what would be done and how much it would cost. Fair enough, so I decided to really sit down and “sharpen my pencil” and figure out what needed to be done. ANd below I give you the break down..
- Filing Fee for Motion: $60
- Consultation and Information Gathering Session $375
- Preparing a Limited Scope Substitution of Attorney. $125
- Drafting Motion $750
- Arranging for Motion Date $125
- Preparing Notice of Motion $125
- Arranging for E-Filing and Serving Motion by Mail. $60
- Court E-Filing Costs (estimated at $50
- Preparation/Attending Hearing at Court $750 (Moreno Valley Courthouse)
- Preparing Order After Hearing $125
- Preparing Exit Substitution of Attorney for removal from Case $125
- Arranging for E-Filing and Serving Exit Substitution by Mail. $60
- Court E-Filing Costs (estimated at $50)
As a result my revised Estimate is $2750.
Now, to be honest, that is way more than I expected. But with inflation, I can’t say its unreasonable. For Comparison, UBER Eats says I can buy a Carls Jr. Double Western Bacon Combo for $20. Is there some wiggle room probably, should I wiggle my fee down. Not seeing the reason to do so. UI;ve already given a free consult, and a free estimate and I’m not getting that time back.
If the factual issues were more complicated, I expect the motion dratting fee to be higher. But other than that I think it gives a good guidelineff or a simple non-evidentiary motion in Civil Court. However, I did leave out two thi8ngs, that i now notice.
There is likely to be an Opposition filed by Opposing Party. So my estimate should also include a break down for reviewing the Opposition, and making a reply.
So, if you are looking for an Attorney to file a motion to set aside a trial verdict, and the issues are simple, that should give you an fair idea of what an Attorney is thinking when he give you a quote.
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