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Westbrook & Hayes

WH / Fees

Priced before the work starts

No surprises on the invoice. Every engagement begins with a written fee model and a budget for the first phase, and you approve each phase before we begin it.

WH / 01 · Fee models

Four ways to pay for a case

Most matters use one or two of these. A small team is what makes the last three possible: there is no pyramid of timekeepers to pay for.

Partner-led hourly

Senior rates on a small team. Fewer hours billed by fewer people, so the total is often lower than a larger firm's blended bill.

How it works

  • Billed in tenths of an hour, by named lawyer, by task
  • A written budget for each phase before it starts
  • A written alert before any phase runs over

Best for Defending claims, board investigations, and disputes whose shape is still unclear.

Fixed price per phase

One agreed price for a defined stretch of work, such as an injunction hearing through decision. You can put the number in front of your board.

How it works

  • Scope and price agreed in writing before the phase begins
  • No hourly records needed to check the bill
  • A new price is agreed only if the scope truly changes

Best for Expedited deal cases, earn-out arbitrations, Wells submissions, and appeals.

Success fee or partial contingency

A reduced hourly rate or a fixed monthly fee, plus an agreed share of any recovery. Our own capital sits at risk beside yours.

How it works

  • Offered only after we have read the key documents
  • The share and the reduced rate are fixed in the engagement letter
  • Costs are advanced as agreed and repaid only as agreed

Best for Plaintiff trade-secret and licensing claims, avoidance and trust litigation, and opt-out actions.

Caps and collars

A ceiling on fees for a defined scope, sometimes paired with a discount or a bonus tied to milestones you choose.

How it works

  • Works alongside hourly or phase pricing
  • Milestones are set by you, not by us
  • The cap is written into the engagement letter

Best for Clients who need cost certainty for a budget cycle or a board approval.

WH / 02 · By practice

Which model usually fits

  • Usual model

    Partner-led hourly when defending; success fee or partial contingency when bringing the claim.

    Also available

    A cap for a budget cycle or a board approval.

  • Usual model

    Fixed price per phase, from filing through the hearing and decision.

    Also available

    A success fee on earn-out or purchase-price recoveries.

  • Usual model

    Phase pricing for investigations: the inquiry, the Wells response, the resolution.

    Also available

    Hourly with a cap for class-action defense.

  • Usual model

    Success fee or contingency for avoidance and litigation-trust claims.

    Also available

    Partner-led hourly for committee and ad hoc group work.

WH / 03 · The budget

What a budget looks like

A litigation budget is written phase by phase. You approve each one before it starts, and you hear from us before any phase runs over, not on the invoice.

An illustration, not a quote. Your budget is written for your matter after we have read the documents.

  1. 01

    Assessment and pleadings

    Conflict check, reading the key documents, the complaint or the motion to dismiss.

    How it is priced Fixed fee, quoted once we have read the core record.

  2. 02

    Discovery

    Document review, depositions, and retaining experts.

    How it is priced Monthly budget with a cap, and a written alert at 80% of it.

  3. 03

    Dispositive motions

    Summary judgment, expert challenges, and the hearings on them.

    How it is priced Fixed fee per motion.

  4. 04

    Trial

    Pretrial order, jury selection, trial, and post-trial motions.

    How it is priced Fixed fee per trial week, or hourly with a cap, agreed before jury selection.

  5. 05

    Appeal

    Briefs, the record, and oral argument.

    How it is priced Fixed fee per brief and argument.

WH / 04 · Billing

The fine print, in large type

We never bill for

  • Conflict checks
  • The first consultation, up to an hour
  • Bringing a new lawyer up to speed (our teams do not rotate)
  • Preparing, explaining, or correcting an invoice
  • Training time for new associates

Billed at cost, no markup

  • Expert witnesses and consultants
  • E-discovery and hosting vendors
  • Court reporters, transcripts, and filing fees
  • Travel, when you approve it in advance

Every invoice shows

  • Each lawyer by name, by task, in tenths of an hour
  • Spend against the phase budget to date
  • Any outside cost with the vendor's own invoice attached
  • A partner's signature, because a partner read it

Fee arrangements on this sample site are illustrative. On a real firm's site, terms depend on the matter, the court, and the professional rules that apply, and every arrangement is set out in a signed engagement letter. More answers on the FAQ page.

WH / Consultation

Ask for a fee proposal with your first call.

Tell us the matter and the deadline. The partner who would lead it will suggest a fee model and the budget for the first phase, in writing, before any work begins.

Request a consultation

Or call (555) 014-7700. Conflicts checked within one business day.

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