Out-of-State Daily Rates
Allen Cowling
Cowling Investigations, Inc.
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When working any out-of-state case, we normally average
15 hours plus per day, more during trial, however, we limit our daily rate to $1,400.00 per day, based
on just over an 8-hour day at our standard hourly rate of $175.00 per hour. By capping the fee at just
over eight hours, the overall fee we charge a client is considerably less than if we charged for every
hour that we actually worked.
On occasion, we are asked if potential clients can send
material to us to review. In that event, the client is billed $175.00 per hour for each hour spent with
a minimum retainer of $2,500.00, however, this is normally restricted to attorneys who are requesting
we review interviews or other discovery documents.
When working out-of-state, in addition to the daily
rate, necessary expenses to be considered are travel, car rental, motel, meals and mileage to and from
our local airport. Additional expenses, such as gasoline beyond the initial tank, copy costs, tolls,
parking, etc., are billed to the client once the trip is completed.
Any and all scheduling and financial issues are handled
by our office manager, Brenda Taylor. She can usually be reached at our main office from Monday through
Friday between 9:00 a.m. and 5:00 p.m. Brenda can also be contacted at other times, or in case of an
emergency, by leaving her a voice message at our office, (601) 824-1774, and she will return the
call.
On very rare occasions, and only in very serious cases,
we offer an alternative to our hourly rate to "already established" clients who have
been falsely accused and our projected involvement is expected to be detailed and lengthy. For a
detailed explanation of this option, see the link, Flat Fee
Explanation. This option assures our continued involvement in a case until it's completion,
regardless of how long it takes.
Retainer Specifics
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Every client, new or existing, is charged a retainer fee prior to any
time being set aside or trip being scheduled. That retainer is based on an estimation of the
total number of days necessary to complete the assignment, plus all necessary expense.
- First time clients are required to pay all estimated expenses
plus one-third of the total fee, in full, prior to our scheduling time or making any travel
arrangements. This payment must be in the form of a money order or cashiers check. The
outstanding two-third fee balance, also payable by money order or cashiers check, is due and
payable, in full, at the time of our arrival, not our departure.
- First time clients are required to pay all estimated expenses
plus the total fee, in full, when a trip is scheduled to any location other than where they
are.
- Existing clients or clients that are direct referrals from an
attorney, are required to pay all estimated expenses plus the total fee, in advance, prior to
our scheduling time or making any travel arrangements.
- Refund Policy - Once a trip is booked, there will be no
refund of any money a client has paid to us. It takes time for us to schedule a trip, make all
arrangements and prepare a client file. If a client cancels a trip within two weeks of that
trip's scheduled date, they will owe the entire trip balance as it would not be practical
for us to attempt and fill that time slot with another case. If a trip is canceled, a client
can use the amount they paid, for our services at our standard hourly rate, for a period of
time up to, but not exceeding one year from the date the trip was canceled. Under no
circumstances should anyone retain our services unless they fully understand and agree to this
policy.
Important Issues
- Any and all time we spend for, or on behalf of a potential client
or a client, either prior to, or upon completion of any out-of-state trip, is charged at our
standard hourly rate of $175.00 per hour, with a minimum charge of .25 hour, or $43.75, per
activity. The fee that a client was charged for a trip includes only what was accomplished during
that trip. That fee does not cover additional work or our continued involvement prior to or once
the trip is complete. This includes, but is not limited to, reading and responding to emails,
faxes and telephone conversations. It may appear that we are over charging just to answer a simple
email, however there are more steps than just a simple response. The email is kept and stored in
the client's file, time is identified, then transfrerred to the office and the office manager
adjusts the bill and ultimately bills the client.
- For additional and important information specific to our standard
fee policy, see Our
Policy
False Allegation Estimates
- As a general rule of thumb, where there has been an allegation, but
no indictment, it takes an initial trip of three (3) to five (5) days. Where there has been an
indictment, the initial trip averages five (5) to seven (7) days. Each depends on the amount of
material to be reviewed and work to be accomplished. On more serious matters, some cases have
actually taken 15 plus days, not including trial. The total time we spend is a direct reflection of
exactly what is required to resolve the matter. We do not "waste" time, but we will not
shortcut anything in these cases. They are deadly serious. Mistakes can easily result in lengthy
prison terms. The minimum charge for any out-of-state work is 3 days and all travel days are
charged as work days.
Conviction Reversal Estimates
- On cases where we are retained to assist in reversing a wrongful
conviction, the initial trip normally averages between five (5) and nine (9) days, depending on the
amount of material to be studied, including, but not limited to trial transcripts, preliminary
hearing transcripts and the entire attorney file. In order to reverse a conviction, you must offer
absolute proof as to why the conviction should be reversed, be it ineffective assistance of
counsel, prosecutorial misconduct, or the fact that new evidence was obtained. In those cases where
there is evidence of ineffective assistance of counsel or prosecutorial misconduct, depend on the
fact that some time will be spent in attempting to obtain all case files. I have yet to see an
attorney, guilty of ineffective assistance, willing to provide his entire file when that file
itself could easily be the cornerstone for a legal malpractice action against them. It is vital
that any potential client understand that the initial trip is only for the purpose of attempting to
determine what happened and what can be done to reverse the situation. It is totally unrealistic to
believe that anyone can reverse a conviction in 5 to 9 days.
Work Outside the United States
- Travel days are automatically added to the total number of days
estimated for any case we accept outside the United States. The minimum number of travel days that
will be added to any case, with the exception of Canada or Mexico are two (2).
- Estimated days required for a case are computed in the same manner
that any case inside the United States would be, with the exception of adding travel time. If the
minimum number of days inside the U.S. would be between three (3) to five (5), that would make the
same case outside the U.S. five (5) to seven (7) days.
- The balance of the retainer we charged the client is to be paid
upon my arrival, a standard practice in any case at any location. The balance is to be paid in the
form of a cashier's or a bank check that would be acceptable to our bank in the United States.
We do not accept foreign currency.
- It is the client's responsibility to assure that there is
someone available who can serve as an interpreter if necessary.
- The only delay in travel outside the United States would be a
country that required a special visa added to our passport.
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