Bissell Roberts

Attorney at Bardenwerper, Talbott & Roberts, PLLC

1000 N. Hurstbourne Parkway, Suite 200

Louisville, Kentucky 40223

502-593-4560

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Billing Practices

Bissell Roberts

Hourly Rates:

Current hourly billing rates range from $225.00 per hour to $300.00 per hour depending on the difficulty of the case. Billing rates may be adjusted each year beginning in January.

Billing in Eminent Domain Cases

Billing in all Eminent Domain cases is based upon an agreed hourly rate plus expenses. Clients are expected to advance the costs of all large expenses including real estate appraisals. As a general rule, attorney fees are not recoverable by property owners in Eminent Domain cases in Kentucky. Therefore, working with each client early in the representation, together we evaluate the case carefully and do a cost/benefit analysis of pursuing the case in the Courts. Our goal generally is to resolve each Eminent Domain case quickly, however this depends on the co-operation of the condemning authority. 45 years of experience in Eminent Domain cases allows me to advise clients on how best to proceed in each unique case.

Billing in Land Use & Zoning Cases

Our standard hourly billing rates apply to all representations in Land Use cases. Clients are expected to advance all large expenses in those cases, including filing fees, expert witness fees, etc. In Land Use cases because of our efforts and our client’s efforts, property values are enhanced as a successful Land Use change by many multiples of the cost of the property. Beginning in 2020 and because of the business climate resulting from the Covid-19 pandemic in select Land Use cases where if the case has a high potential of a positive outcome I will consider an alternate billing arrangement. In such cases I may agree to pursue a case at a reduced and agreed upon hourly rate, provided I have a written agreement with the client to pay an agreed upon bonus legal fee, if the Land Use case succeeds.

Billing in Mediation Cases

Billing in Mediation cases is based solely on an hourly rate charge usually paid proportionally by the participants in the Mediation. In general, Mediation fees are paid upfront based on an estimated time of the Mediation. Most legal disputes settle during the Mediation saving the parties the attorney’s fees they would incur in future litigation and/or arbitration. As a Mediator the first step is to do a thorough conflict of interest check to confirm that, as Mediator, I am acting as a true neutral third party. My sole goal in Mediation is to assist the parties in reaching a successful and mutually agreed to, written resolution of their dispute.

General Billing Policies

Every day each attorney and paralegal turns in a timesheet with entries for every client matter. Each entry specifically records what work was performed. Time entries are very detailed and specific. With such detail clients know specifically what services were provided.

Monthly as cases proceed, I review what I call “prebills”, which are computer generated timesheets. I carefully review and edit each prebill, often eliminating time entries or marking time entries down to reflect events such as there might be a learning curve involved in a case and not all time worked should be billed; sometimes reflecting data entry errors. I edit time entries to make them easier to understand. Time entries on a client invoice should read like a case diary so Invoices make sense to clients.

After editing a prebill, it is finalized as an Invoice and sent to the client. Payment is expected within 30 days from date of Invoice or interest may apply under the terms of our Engagement Letter with a client.

Invoices are sent monthly. If a matter is of short duration, an Invoice might not be sent until the very end of the matter, which might be a shorter or longer than a month. When cases involve key events, Invoices may be sent after such events, for example after an appearance at a Planning Commission meeting or Circuit Court, Court of Appeals or Supreme Court hearing. When real estate closings are handled, I usually have Invoices available at the time of closing so the legal fees can be paid out of closing funds. Sometimes I bill after the closing, if agreed and that works better for the client.

Expenses are billed monthly in addition to our legal fees. Expenses include appraisals, and filing fees (which I ask the client to advance), exhibit preparation, photocopying, and so forth.

Normally I do not expect to be paid a retainer up front because most clients are well known locally or nationally or because of ongoing relationships. On occasions when a client is new or a project is especially risky, for example a client decides perhaps to proceed against unusually difficult circumstances; I may request a retainer in advance.

We are a small firm and place such a high emphasis on the importance of fair, consistent, thorough billing. I am flexible regarding billing. This approach has over time for our clients.