Alternative Fee Arrangements
Offering clients customer-focused and cost-effective legal solutions
Jimerson Birr is committed to providing creative and flexible billing alternatives to our clients. We encourage our lawyers to pursue opportunities to engage in alternative fee arrangements as a means to provide predictable costs to our clients, accommodate budgetary needs, reduce billing complexities and align the cost and value of our legal services. There are a number of ways that we can increase certainty in legal expenditures that the standard hourly-rate billing agreements may not provide. Although our experience is that some matters are more suitable for unconventional billing agreements than others, we are willing to consider alternative billing methodologies for most matters.
Alternative fee arrangements offer the opportunity to balance the client’s and the law firm’s interests and needs. In return for investing our efforts and revenue sources in the client’s matter, or for unconventionally assuming fee or collection risks otherwise not inherent in the representation, we earn an agreed upon service fee based on a set of specified criteria. Designing a workable alternative structure typically requires review of detailed information about services to be performed, including, for example, historical volume/billing information, personnel assignment, issue analysis and disposition details, achievement metrics, and other information needed to determine the scope, complexity and duration of the work, and to develop a fee structure that represents a strong value for the client and a reasonable return for the firm. Any such alternative fee arrangements are evaluated on a case-by-case basis and are held in strict confidence.
In response to client needs, under appropriate circumstances, Jimerson Birr has negotiated the following value-driven alternative fee structures with our clients:
Jimerson Birr offers certain industry-based subscription plans that provide anytime access to legal advice and scopes of services for a monthly or annual fee. Our most frequently purchased plans are the plans that provide an allowance of hours that may be used toward services within the scope of the plan and plans that have a prescribed set of services tailored to the needs of the business. We regularly work with clients to develop subscription plans that are customized to provide the services our clients need at a reasonable and predictable rate. Our subscription plan offering allows clients to benefit from a cost-effective pricing structure while budgeting and forecasting legal spend with absolute certainty. Jimerson Birr professionals are then able to meet predictable client demand without risk of budget busts. This allows our clients to control regular and overflow legal issue management, special projects, or any other legal support needed in that given practice area.
Just what the name implies, clients have engaged Jimerson Birr to provide a specific service for a set price. Flat fees can be subject to an overall cap paid up front, or they can be for a fixed amount per month without a cap. Our firm will assume the risk associated with cost overruns. Flat fee opportunities are evaluated for single matters, an entire portfolio of matters, or a schedule of recurring matters. Fixed or flat fee arrangements are best suited to situations where the time and effort to complete a project are predictable or divisible by a volume of matters. Clients who desire budgeting certainty often find fixed fee arrangements attractive.
Under contingency fee arrangements we have reached with our clients, the law firm gets paid solely on results achieved, with payment often expressed as a percentage of the recovery, settlement, or amount saved. Typically, the client pays the expenses of the matter; however, Jimerson Birr is also willing to discuss sharing part or all of the expense risk with clients. When a contingency fee arrangement is agreed upon, our firm assumes the risks of cost overruns and unfavorable results. Defending a matter on a contingency basis requires the firm and client to agree on the difference between a favorable and unfavorable outcome in the matter. If the case ends with a better result than the favorable outcome agreed upon, the firm gets a percentage (or multiple) of the difference between that result and the unfavorable outcome. In other words, the fee is dependent on the savings the client realizes through the firm’s legal representation.
The client agrees to pay a reduced hourly rate in exchange for a shared risk or “bonus” of some sort based on the achievement of an agreed-upon result. Hybrid fee structures reduce the cost of litigation to our clients by aligning the firm’s financial incentives with its clients through assumption of litigation risk. With fixed fee plus contingency arrangements, if the outcome does not meet the mutually agreeable favorable result, the firm will not receive the specified contingency bonus.
A blended rate represents an agreement to bill all of the firm’s time at an equal rate regardless of the standard rate of the professional performing services on the matter. It can be effective for highly leveraged engagements where a combination of experienced and lesser experienced lawyers can be utilized.
Small and large clients occasionally have needs for a “pocket in-house counsel,” usually for set periods of time. These representations are governed by a fixed monthly payment amount for a general scope of work on issues requiring legal attention as they arise and within specified subject areas.
Under some circumstances, the firm and client may agree to unit costs for the component parts or discrete phases of the representation, e.g., the pleading phase of litigation, or the pursuit of a potentially dispositive motion. This type of arrangement works well for matters with defined segments that can be estimated and scope of work well delineated.
Upon written request, Jimerson Birr will collaborate with its clients to develop a budget for the work to be performed. This may be used when both parties have a good sense of fees and costs involved in the representation. Though no legal spend budgets are guaranteed, many of our larger clients request that their legal fees be planned and fixed for incremental accounting periods. Once a budget is established and implemented, the firm may allow clients to pay with installments, with budget evaluations available from one period to the next. If mutually agreed, the firm and the client are then able to payment pace make adjustments for any under or over payments from the prior accounting period and into the next period.
Under a holdback fee arrangement, Jimerson Birr has allowed the client to withhold an agreed-upon amount or percentage of the fee until an agreed-upon milestone or result is achieved, or until completion of the engagement. If the matter is concluded successfully, Jimerson Birr receives a multiple of the holdback or an agreed upon success fee. This structure is often used in defense cases, or when the result sought in the matter is not monetary. This arrangement can be combined with a number of the other alternative fee arrangements described herein.
Jimerson Birr can offer clients who entrust multiple matters with us a discount based upon their commitment to our firm. Under this arrangement, we have agreed to reduce our hourly rates as the volume of legal work reaches certain agreed-upon levels within specified periods. Further, we have entered into arrangements with clients that pool groups of plaintiffs’ cases on a contingency fee basis, as well as groups of defense cases on a fixed or flat fee basis.
Jimerson Birr is willing to engage on behalf of financially troubled clients and negotiate third-party litigation financing agreements. Our firm also is able to engage in the negotiation and purchase of litigation insurance to reduce the impact of a bet the company trial.
Fundamentally, each billing agreement we reach with our clients is designed to be mutually beneficial and pass the cost savings that accompany our internal efficiencies and training on to our clients. At Jimerson Birr, we are prepared to discuss and pursue any reasonable alternative fee structure that balances the relative investment and risk taken on by the firm with the client’s objectives for success in the matter. In order for the firm and our clients to evaluate whether an alternative fee arrangement is a viable option, the specifications regarding the work to be performed need to be clear. Poorly thought-out legal fee agreements can be an obstacle to a productive and mutually satisfactory attorney-client relationship. Well-conceived arrangements, clearly understood by all parties at the outset of the matter, however, can create the climate of mutual confidence and incentive between lawyer and client that makes for a successful relationship. For more information about alternative fee arrangements, contact us.
These accolades are objective proof that Jimerson Birr is one of the most respected law firms in Florida. The firm receives numerous awards and tributes year after year for our leadership and expertise in the legal field, our outstanding client service, our demonstrated commitment to our personnel, and our steady growth. Jimerson Birr lawyers frequently earn high rankings and recommendations from business publications, industry and trade organizations, legal news journals and the clients with whom we work. To us, these achievements aren’t just blue ribbons- they’re demonstrated indicators of the trust, satisfaction and loyalty our employees and clients have developed for the firm.
Ranked as one of the Best Law Firms in America according to U.S. News & World Report in 2020 and 2021.
Firms included are recognized for professional excellence with consistently impressive ratings from clients and peers.
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It seems we were on a run of nasty litigation for a few years in a row, which was a drag on our practice. Without getting into specifics, there were times where I thought we were not going to make it through. Each time Jimerson Birr helped us pull a rabbit out of a hat and overcome our opposition. We sure are glad that is behind us, but we never would have gotten to where we are at without them fixing those problems. We’ll always remember that.- Chairman of the Board for Endocrine, Diabetes & Metabolism Medical Practice Testimonial
Their experience in class-action claim defense has enabled us to achieve some swift, cost-effective results on consumer claims cases. They have a tried and true playbook that works. Jimerson Birr can spout off the law on most of the issues off the top of their head if you ask them too. I was always impressed by that, but what made me more impressed was how good they were to work with when dealing with difficult claimants in challenging cases.- Complex Claims Specialist for Small Business Insurer Testimonial
In my entire career, I’ve never seen as convoluted as a case as my last one with Jimerson Birr. This case had everything. With each twist and turn, Jimerson Birr remained calm and steady. They put together a strategy from the beginning that worked. Even things that we couldn’t have foreseen didn’t shake them as they delivered an incredible result for us. They managed a great case, came in on budget and were a hoot to work with.- Casualty Claim Specialist at Large Property & Casualty Insurer Testimonial
Jimerson Birr makes business to business debt collection easier than it normally is. They are effective because they are diligent, organized and aggressive. They are aware that a proactive and sensitive approach often yields the best result. They often secure payment in an agreeable manner, without putting a strain on the relationships we have with our customers. When a settlement cannot be worked out, they will go to the ends of the earth to get our money back. I’ve never seen such creativity and resourcefulness in getting our money back. They’ve been a trusted partner since the firm started and it has been fun to see our companies advance together.- Recovery Account Manager at Medical Supply Company Testimonial
The team at Jimerson Birr have served as my legal counsel from my business’ inception, and their matter-of-fact, investigated approach has proven to be a great value while navigating a complicated industry with heavy regulation. As a cannabis dispensary with several storefronts, I rest easy knowing that my legal team not only has a stronghold at the forefront of this niche market but also help us to advance our growth with their thoughtful recommendations to ensure my business and investment are protected and flourishing.- Cannabis Dispensary Chief Operating Officer
This is my choice firm for my company’s needs. I’ve never brought an issue to Jimerson Birr that isn’t swiftly remedied and thoroughly examined. When the need arises for sound legal advice or ensuring compliance with the ever-changing laws and trends within the industry, this firm is always prepared and one step ahead with their expertise, anticipation and preparation for what’s next. With our technology focus in an emerging industry, it is nice to work with lawyers who have flexibility and intellect to handle complex issues in areas we have watched other service providers stumble.- Chief Executive Officer of Agricultural Analytics & Technology Company Testimonial
My partnership with Jimerson Birr began when I was referred to them for an assist on a content protection matter. They quickly jumped right in to fully assess and mitigate until a resolution was determined. When seeking counsel to handle the myriad of legal compliance and protection matters within the communications industry, the get-it-done lawyers live here. They deliver what they say they will and have become a trusted resource integral to our successful management.- Media House Business Development Executive
Trailblazers. Their no-nonsense, proficient understanding of the varied needs of a content generator and distributor is unmatched. From recommended preventive measures to monitoring compliance and enforcement to handling specific dispute resolutions, Jimerson Birr is an excellent example of what a top-of-the-line legal practice can do for members of the communications and media industry.- Digital News Communications Officer
The commitment of Jimerson Birr is unrivaled. Through collaboration, dutiful guidance and cost-effective solutions, our school’s short and long-term goals are on track and our operational capacities have flourished. Working with this firm is an easy decision. If you want to create a positive, smooth experience for staff and students alike, this is who you need by your side to rethink and rework any part of your system. They were particularly helpful with compliance and employment related issues. Their connections in government helped us achieve some goals we were not sure we could reach.- Chief Financial Officer Testimonial of Private School
This is the firm I use when our university encounters a legal issue in need of a creative solution; particularly on really heated litigation we had. Jimerson Birr’s masterful understanding of the facts and law came from our lawyer's dedication to understanding the complex nature of our wild issues and how they affected our institution across more cases than one. I've come to understand that they settle cases that can't be settled short of giving the farm away, and are ready to try any case that merits it.- College Associate Dean for Finance and Administration
When dealing with a land use and zoning issue, we brought in Jimerson Birr when we needed advanced legal representation. Their ability to quickly traverse the matter and get up to speed was done with nothing but finesse. With fine focus and detail, they were able to help us find a solution for what was becoming a contentious matter. We kept them on board for the next phase of our expansion and are more than pleased with their service.- Solar Energy Development Executive
Jimerson Birr is always who we go to when our company needs quick action. Their turnaround time on hot-button issues to our utility company is unrivaled. From compliance, environmental diligence, permitting, mitigation and beyond, I have never brought an issue to them that they cannot handle and craft a plan of action that best fits our needs. I have referred many to Jimerson Birr for varied legal matters across multiple sectors and this is due to my immense trust for what these attorneys are able to accomplish.- Natural Gas Company Vice President of Distribution
As a new franchisee, the decision to purchase a franchise was one that involved much deliberation. During this time and as my family approached a decision, we enlisted Jimerson Birr to guide us through the extensive process. Both the level of service and detail that went into this were outstanding, and the firm’s assistance and direction made what can be a tiresome process a much more palatable experience. Without Jimerson Birr, certain contractual nuances may have been missed and become costly aftermath issues. However, nothing was overlooked, a thorough examination of all materials was conducted, and, in the end, we walked away with much more industry knowledge and a clean, successful acquisition. We are set up to succeed with help from this firm.- Fitness Facility Owner and Operator
As a franchisor who has had substantial work to do in franchisor-franchisee relations when we bought the business, Jimerson Birr was incredibly helpful in getting us focused on the bigger issues that we had to prioritize in order to save all the franchises. We worked to terminate underperforming franchise owners and develop better support systems for performing franchise owners. At this point, I have developed a time-tested, close relationship with many of the attorneys at Jimerson Birr. There are a few we use because of their different specialties. My team is constantly impressed with their level of service, commitment to quality work, and profound recollection of matters that affected each franchisor through the years. The firm has been a good source of continuity when we have had turnover. They are teachers who help us understand what laws are important to us and how certain decisions impact the business. I have referred many friends and peers to Jimerson Birr because, honestly, they are a truly superior business law firm and their service and legal judgment is one I cannot speak more highly of.- Chief Executive Officer of Restoration Services Franchisor
We’ve used them for specialized legal services, like legislation drafting, direct advocacy, investigative issues and campaign finance issues. Jimerson Birr has consistently delivered results. Many of these issues required focused legal insight and extensive industry knowledge, which they had. Solid group.- State Commerce Committee Member Testimonial
Handling employee disputes in the public sector can often times be a daunting task for any law firm. Quick remediation is paramount in order to properly handle multiple parties in a swift manner. Anytime we have brought Jimerson Birr in as counsel for these issues we have been extremely satisfied with the level of finesse delivered. We’ve never had a PR nightmare when they were involved. I would definitely call on them again if needed.- County School Board President
Many of us in healthcare, specifically those of us treating senior residents and patients, are no stranger to liability concerns. It takes a very specific skillset to help us properly manage our risk, and Jimerson Birr always provides a superior defense when dealing with these matters. Regulations are tight in our field and you have to follow the rules. With Jimerson Birr, we have a reliable legal defense to prevent issues and treat issues when they arise. They are always looking out for our best interests which, in turn, allows us to provide appropriate care to our patients. Doing what’s right can sometimes be looked at through a magnifying glass, but Jimerson Birr is there to assist when actions are honest but additional investigation is required. Very supportive and accountable, which are traits that matter to us when we choose to employ service providers. They are pretty fun loving lawyers too, which makes them great to be around.- Chief Executive Officer of Assisted Living Facility Testimonial
Jimerson Birr is the only firm that we trust to create, manage and amend relevant documents for the telehealth portion of our organization. They are always knowledgeable on recent state and federal rules and regulations, and this allows us to feel confident that we are staying compliant and ahead of any changes. They offer cost-effective options for the level of attention provided and, in the end, save us from unknown issues and costs if we were not employing their services. My highest recommendation goes to this firm and their healthcare industry team of attorneys.- Psychiatry Private Practice Owner
This past year, we’ve seen an ever-changing climate within the hospitality industry, and we have utilized the attorneys at Jimerson Birr to help guide us through these new times. When we decided to outsource certain elements of our business and human resources operations, we brought in the fine team at Jimerson Birr to help is ensure our employees’ safety during day-to-day operations. When we had an insurance or leasing issue, they came through. I was thrilled to find out that the folks who helped us on real estate and construction team were dishwashers, servers and bartenders before becoming lawyers. It made me feel like they understood me better and their service mentality was obviously something that they stayed true to. This firm has served us well as they acted as advisors in a variety of capacities relative to management and our staff. I hope I don’t need them much more in the future, but I’m sure I will and when I do they’ll answer my call.- President of Multi-Market Restaurant Chain Testimonial
Expert legal counsel is vital to those of us running independently owned franchises but still having to follow general guidelines from our parent company. As a hotel franchise owner of multiple properties under an international umbrella, I have used Jimerson Birr to guide me through a wide range of items to ensure I am compliant to avoid any repercussions. I can tell them what I need to accomplish, and they can quickly provide me with the information, resources and knowledge to make an informed, smart business decision. We try to deliver an experience that exceeds expectations to our customers, and it seems that they do to.- Hotel Franchise Owner
Property and casualty insurance claims can often become quite contentious. Like many insurance agencies along coastal communities, coverage relative to damage from natural disasters is a regular part of our day-to-day claims. These claims can often become complex in nature and when our agency needs to contract legal counsel, Jimerson Birr is always our first choice. Throughout our experience with this firm, we have always encountered a fine level of attention and detail which has allowed us to avoid many costly errors along the way. The firm’s professional approach to each individual matter we have brought to them has always been handled with winning strategy.- Insurance Brokerage Department Manager
Jimerson Birr exemplifies a firm that understands business as much as they understand the law. They always pleasantly surprise me when I need to know a simple answer on the fly. They are responsive and can get straight to the issue without racking up a big bill for my modest agency. When I refer them work, they take great care of my clients, which helps me develop more business. We’ve had construction and business interruption issues that were really challenging, but they knew how to get a good result from a bad situation. My referral of the firm to my clients is a reflection of my own business and thusly a testament to the faith that I have in them as a whole.- Insurance Agency Owner
When my company began courting distribution agreements during recent expansion, we were referred to Jimerson Birr to strategize. What I found in this firm is a combined skillset of legal expertise and business acumen that is truly one-of-a-kind. Not only were they able to assist me in this transitional phase and selection process, but they have offered so much more in terms of business solutions and ensuring our agreements were sound and fair. As business steadily increases, I have relied heavily on Jimerson Birr to protect my interests and serve as our legal champion.- Printing Manufacturing President
When we purchased our new manufacturing plant, Jimerson Birr guided us through the entirety of the process with both our immediate and long-term business goals in mind. They effectively created an ownership transition plan and efficiently handled what can often become a drawn-out process one that was a pleasant, well-thought endeavor for all parties. This complex process was made a little easier because we had the right legal counsel by our side.- General Manager of Food Distribution Company Testimonial
Connected. Jimerson Birr’s experienced attorneys and a network that transcends many other business law firms is an advantage worth exploring. They bring sound advice, are quick take hold of the subject, and get to the point. Through diligent preparation and communication, you will always know where you stand and how your matter is progressing. Jimerson Birr disciplined approach typifies what a quality legal practice can do for anyone working in the professional services industry. We’ve actually upped our game in the service department based on methods Jimerson Birr employed with us and our clients.- Managing Partner of Regional Accounting Firm Testimonial
As a leader of a recruiting company with a local presence, I become acquainted with Jimerson Birr during one of their recruitment efforts. As my company transitioned to outsourcing its legal counsel, I was immediately impressed by what I learned about this firm. After assisting them with a project, I decided to explore the options of using them to support our company’s own needs. I have been so impressed with their legal capabilities and have since used Jimerson Birr as my legal partner for a bevy of matters. This organic union is one that came at just the right time, and I cannot recommend their services enough.- Staffing Solutions Human Resources Generalist
Industry leaders. They cut through the noise and get straight to the point. In a market with high stakes and quick changes, Jimerson Birr’s unique understanding of the real estate industry makes them an invaluable resource for developers of all forms. They are able to effectively leverage their experience and expertise to lead negotiations, craft cost-effective and custom solutions and ensure imminent success by creating a solid foundation to build from.- Real Estate Investment Executivev
Commercial evictions and tenant matters are ones that often need to be handled with a specific level of care. During a commercial removal process, I needed to obtain counsel and a colleague immediately referred me to Jimerson Birr. A successful ending to what would become a litigious journey was made possible by the firm’s extensive leasing knowledge and willingness to fight hard when it mattered most. We’ve encouraged our colleagues, owners and tenants to use them for their legal needs.- President of Commercial Property Management Company
Jimerson Birr has handled contracting issues and litigation work for our technology company with headquarters on the First Coast. We’ve given them a wide variety of problems to solve, and they have handled quite a few issues, ranging from more complex matters relative to intellectual property matters, services agreements, confidentiality and non-compete issues to helping us establish more focused operational policies that help us scale. Their extensive understanding of handling issues with the technology sector and steadfast insight on best practices has continually proven beneficial to our organization. When you put your trust in our Jimerson Birr, they will take a true hands-on approach.- Software Development Chief of Operations
We brought in Jimerson Birr to contribute to our organization’s growth and focus. Their suite of abilities extends beyond law—this firm truly understands what makes a business tick. By working with Jimerson Birr, our management team was able to collaboratively build operational policies and procedures, craft specific risk management tools and, overall, reexamine the way we run our business to be more effective and profitable to further establish our place in the market. Any organization, whether established or in the early stages, can benefit from engaging this firm to help you create a stronger future for your business.- General Manager of E-Commerce Company Testimonial
Recently, we started using them for litigation matters. They’ve always given practical advice and reported progress in ways that I could make key strategy decisions feeling informed. They promptly return emails and calls, they keep me updated and don’t require me to ask for an update, they don’t leave me surprised and they took time to learn the intricacies of our business. Their broad understanding of the litigation in any industry coupled with their sharp legal eye proved to be valuable during the times they advocated for our business needs and ensured that our interests were protected.- General Counsel for Railroad Company Testimonial
Specialized, focused and efficient. The attorneys at Jimerson Birr proactively manage a wide range of matters for our company and their no-nonsense, laser-focused approach sets them apart from many other firms we’ve encountered in the past. They are quick to direct us towards our goals and help us prevent risk. When in need of quality legal counsel, this law firm gets the job done quickly and gets it done right. My highest recommendation goes to the experienced attorneys at Jimerson Birr.- Director of Safety and Training for Trucking and Tanking Company Testimonial
Jimerson Birr has performed litigation work for our bank and other banks we have worked at for many years. They have tackled some of the most challenging cases, ranging from complex foreclosures to bank and insurance fraud, to involuntary bankruptcies. Many of the cases required extensive industry and legal knowledge, and most all required unfriendly and lengthy negotiations or litigation. In each of those cases, JB did the necessary work, prepared in depth and we were successful without exception. I would highly recommend this firm for your litigation work, among many other service offerings.
Our attorneys at Jimerson Birr listen and take time to understand the nuances of our business and the risks we face with every deal or decision in a way that has earned them tremendous credibility. They thoroughly prepare us and put us in a position to anticipate our challenges rather than be surprised by them. Equally impressive and noteworthy is their great skill in negotiation and litigation. Great firm with great lawyers.- General Counsel for Electrical Contractor
Jimerson Birr has provided representation for my business and our trade partners for many years. They have successfully defended our most complex cases, including project contracting, delay and payment claims, OSHA Citations, and bond surety disputes. Their industry-leading legal knowledge is a driving force during successful litigation and execution. They have my highest recommendation for any construction or business-centric legal needs.- President of Large Commercial Contractor Testimonial
Professional. No hype, no blustering, no false promises, no stumbling around the issues. They listen, have quick command of the subject, provide sound advice going in, and get to the point. Preparation is their key. In an environment filled with pretenders, Jimerson Birr is a great example of what a quality legal practice can do for lenders of all forms.- Chief Executive Officer of Mixed-Use Real Estate Specialty Lender
This firm does it all. They have been critical to ensuring that the governing documents and policies of our HOA are clear, complete and applied consistently. Through their industry expertise, they minimize risks of disputes amongst neighbors in our community, and when such disputes arise they are efficient and economical problem solvers. For years, this firm has provided prompt, personal and reliable legal services. Their professional and forward-looking approach has always given our board the tools and the answers it needs to be able to provide the best possible leadership to the Association that elected us.- HOA President for 1,300 Home Community
This is my go-to firm when my associations need to get things done well and in a hurry. This firm is action oriented. They don’t sit around talking about it- they get it done. Whether that task is collecting fees and assessments, helping my boards make challenging decisions, or coaching the association to run like a properly functioning business, Jimerson Birr develops timely, winning strategies that reflect well on my company. My referral of this firm to my association customers is a reflection of our reputation, and this firm has earned my trust that they will not let us down or diminish our brand. Would highly recommend.- President of Large Property Management Company