Looking for impartial advice about standard lawyers' fees (not necessarily a lawyer)

[homeinbuenosaires]

I will try to keep this as brief as I can without omitting anything important...

Almost three years ago now, I had some MAJOR problems with an architect that I hired to renovate two properties. Some of the issues involved could probably result in criminal charges but my main goal is to get a settlement and use the threat of prosecution as leverage, rather than pursuing that route. In terms of provable loss of income from these properties alone, it's probably around $100K USD (and that doesn't include anything else like an advance she didn't return, materials that I paid for and were taken by them, inflation which would make the same jobs now cost double etc).

I have been on an odyssey for much of this time trying to figure out how to resolve this. The best help I got was from the free laywers at Defensa del Consumidor at the CGP, but we had two audiencias (the maximum allowed there) where the sum I was offered was so paltry that I decided it would be best to try to pursue the matter through more formal channels.

I went to at least half a dozen private lawyers for free consultations, and each time it was clear that these lawyers were either not up to the task and/ or were trying to charge me MUCH more than is standard here (because I am foreign - I do speak fluent Spanish, however, and have family background in this country).

Finally, I was recommended someone who seems good/ competent (all of the lawyers I have seen have come via personal recommendation). When it came time to discuss fees, I had my first and only red flag - I told her to email me the agreement that we'd sign re honorarios etc (so I could read it at my leisure ahead of going in and signing it with her) and she refused rather awkwardly, saying that she doesn't do that and implying it was because an email can be forwarded to others and she didn't want this for some reason. Aside from that, I thought that the rate was the most reasonable I'd heard and that she seemed to actually be paying attention to the details, which was a first!

She proposed 20% if we settle in the first 6 months of mediation, 25% if mediation takes longer than 6 months, and 30% if it goes to trial. It's worth mentioning that most of the legwork/ peritajes/ certified photos etc has already been done with the help of the free lawyers so this will be a relatively easy job for whoever takes it on.

I was ready to go ahead with this - desperate to finally put this behind me - but today I had a very chance/ serendipitous meeting with a lawyer who struck up a conversation with me. I asked him what standard honorarios are for a case like this and he said 10% at mediation and 20% if it goes to trial. I deliberately didn't tell him how much she was asking, so as not to influence his answer. He wasn't trolling for business, at the end of the conversation we shook hands and he went on his way - he didn't even offer me his card! This makes me somewhat inclined to believe what he says.

Can anybody here please shed some light on this for me? I couldn't think of another place to ask for impartial advice about this. The idea of moving forward with yet another person who wishes to take advantage doesn't seem like a great idea but I am out of ideas at this point...

I would like to make it clear that I am not necessarily looking for a lawyer on this forum, rather I am looking for honest advice from someone who has no stake or interest in my case. Any and all advice is much appreciated.

Thanks for reading.

 

[ckap]

Hi,

It's unfortunate what happened with the architect. The fees are probably ok, but it really depends on what needs to be done and what could reasonably be recovered, and anyone giving a serious opinion would need to look at the papers. Bear in mind that while fees are negotiable, you want your lawyer to be sufficiently invested in the result.

I'm returning to BA from SF Bay Area first days of April. I wouldn't mind looking at what you have or connecting you with one of my partners if that helps.

See relevant section of law 21839 pasted below.

Best of luck,

CK



" Pactos

Requisitos esenciales

ARTICULO 4° – Los profesionales podrán pactar con sus clientes que los honorarios por su actividad en uno o más asuntos o procesos consistirán en participar en el resultado de estos.

En esos casos, los honorarios del abogado y del procurador, en conjunto y por todo concepto, no podrán exceder del cuarenta por ciento (40%) del resultado económico obtenido, sin perjuicio del derecho de los profesionales a percibir los honorarios que se declaren a cargo de la parte contraria.

Cuando la participación del profesional en el resultado del pleito sea superior al veinte por ciento (20%), los gastos que correspondieren a la defensa del cliente y la responsabilidad de éste por las costas estarán a cargo del profesional, excepto convención en contrario.

Los asuntos o procesos previsionales, alimentarios y de familia, no podrán ser objeto de pactos. Tampoco podrán pactarse honorarios exclusivamente con relación a la duración del asunto o proceso. "

 

[elhombresinnombre]

I wonder if you could clarify something? These quotations you have received are all for contingency fee (no win no fee) propositions are they? These fees can be on the high side because the cases they win have to pay for the fees they fail to gain in cases they lose. A lower fee offer might be an indication of how many cases they expect to win (but it might not). It's a while since I've paid a Buenos Aires law firm for work on an hourly rate so lets just say that I'd expect it today to be several hundred pesos per hour which, especially if you think the groundwork has already been done, might work out better for both: i.e. the lawyer will definitely get paid for his time and your costs won't be tied to a percentage of the value. Is that any help?

 

[LuxuryLord]

I have always paid 20% - no win, no fee, ask in advance and agree disbursements.

 

[jimdepalermo]

There are legal specialists in the field of architectural or engineering problems. Most are licensed architects or engineers as well as attorneys. The practice is called Arquitectura Jurídica. Since these tend to be complex technical issues, difficult to argue in front of a judge, you will probably get better results by dealing with such specialists.

In one new development where I have an apartment, the consorcio employed the Estudio Ricardo Levi & Asociados, who did a really excellent job in a very complex situation. According to a friend who is a developer, inmobiliaria, and administrador de consorcios, the Levi group is the premier estudio arquitectura jurídica here - well-respected both by judges and architects.

Google will find you a number of other listings for the same specialty.

Good luck!

 

[Bajo_cero2]

According to the law, the fees for a lawyer who wins the case are:

7.- Los honorarios de los abogados, por su actividad durante la tramitación del asunto o proceso en primera instancia, cuando se tratare de sumas de dinero o bienes susceptibles de apreciación pecuniaria, serán fijados entre el once por ciento (11\%) y el veinte por ciento (20\%) del monto del proceso.

And if he lose:
Los honorarios del abogado de la parte vencida serán fijados entre el siete por ciento (7\%) y el diecisiete por ciento (17\%) del monto del proceso.

There is a common fraud regarding to sign a contract and he doesn t warn you that after the case is done he is going to ask the judge to settle his fee.

It means that you pay 30% plus 20%.

So, the contract you sign should say the the lawyer rennounce to his right to pedir regulacion de honorarios and his fee cannot be over 20%.

Regards