I see no ethical conflict with your plan, Patty, but I agree there is the potential for a "perception" problem.
As many have said, you are certainly free to charge what you want for the work you do. Having testified frequently, you can anticipate the line of questioning at deposition and/or trial. If they attorney is smart, they will ask the only relevant question, which is "What are you charging for your work in this case?" You will, of course, respond with your hourly rate, assuming that is how you charge (I am not asking that question of you here). The issue should then go away.
The followup questions, however, could be tricky. You might be asked if you have a fee schedule. If you do, what do you show on it? A set of rates with a special rate for what you would refer to as what, "Good referral sources?" I am sure you don't do that, but if you have a formal fee schedule as I expect you do pursuant to the federal rules, how are these "special" rates shown to others when they ask you about it? A question to expect after the first one about your rates in this case would likely be, "Is that your usual (typical, regular, customary) rate? How do you answer that? "Yes, that is my usual rate, except for referral sources who send me at least 'x' cases a year or who I have known for 'x' years, paid me at least 'x' dollars a year in fees, etc., but for them I only bill them 'x' dollars an hour."
I think you can see where I am going here. If you have special arrangements with certain referral sources, the perception might be that you might be more diligent in your work in those cases, less diligent, etc. I think there is the risk that you can be accused of bias, lack of objectivity, etc. Assuming you have answers to these questions, you're covered. if you are also not bothered that your perceived "favoritism" in billing will come out and you might have to defend it, then go for it.
Our firm will not slash rates for certain referral sources, but we do have hourly rates that are influenced by market rates for our services in some of the markets in the country where we have a presence. I don't see a problem with that as that is clearly a business decision. If you want to revisit the issue of discounts for some referral sources, a fee structure considering geographic factors that is then consistent for all referral sources in that area might be a better way to go. Regardless, I agree with those who said you should feel free to charge what you want. After all, this is America.
Have a good weekend, all.
Bob
Robert H. Taylor
4745 Tanglewood Trl
Boulder, CO 80301-3928
(928) 713-6833
Original Message------
If you raise, raise across the board.
David
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