Prospective client asked to pay before meeting

Dear Dale: Is it customary for an attorney to request payment when a prospective client asks for a 10 or 15-minute initial meeting to discuss a legal issue and the estimated cost? The attorney I called said I would have to pay for the meeting based on her hourly rate. I declined to meet with her. If you go into an auto dealership and ask for a price on a new car, the salesman does not request that you pay him for that information. Also, if you invite a repair contractor to your home and show him around, asking how much it would cost to remodel your bathroom, he does not require you to pay for this time.

The way attorneys charge for their time varies from person to person, firm to firm, and practice area to practice area. In other words, I don't know if I can tell you what's customary, but maybe I can give you some insight based on my practice and my observations of other attorneys.

Most attorneys who charge by the hour probably would be inclined to charge you for even an initial meeting. Attorneys at traditional law firms may have to justify their existence based on the number of hours they bill. And while solo practitioners may have to account only to themselves, they're still running a business. In both cases, if they're meeting with you for free, it means they're missing the opportunity to make money by working on another client's case.

The flip side is that the attorney you're talking about lost the opportunity to have you as a client — and missed out on some potential legal fees — because she wouldn't waive her hourly fee for your initial meeting. While the attorney may have required a fee paid up front as a business practice, she may have been acting from experience. Some attorneys figure clients who aren't willing to pay for an initial meeting are either trying to get free legal advice or they simply don't have the money for a retainer. So, it acts as a screening tool for the lawyer.

Attorneys in some practice areas, however, don't require fees for initial meetings. For instance, I practice personal injury law and generally I get paid a percentage of the final settlement or judgment. So, attorneys in my field generally will meet accident victims without requiring any money for the consultation. Similarly, attorneys who practice criminal law often will meet prospective clients to talk about a case but usually will require most, if not all, of their fee up front before they'll enter an appearance.

Every attorney has his or her own standard. Each lawyer makes a business decision when deciding if charging an initial fee makes financial sense. Some attorneys are simply so busy that they can't justify carving time out of their day without seeing a return for that time. Or, to put it another way, they don't need to give away their time.

In your question, you mention that you wouldn't get charged by a car salesman or a contractor to answer questions about a deal or project. Without quibbling about whether those situations are really analogous to consulting an attorney, I'd suggest a fairer comparison would be to a doctor. If I decided I should consult with a doctor about whether certain symptoms might suggest a heart condition, do you think I'd get through the waiting room door without coughing up my health insurance card or a cash fee in advance? I doubt it.

In the end, it probably worked out best for you and the attorney. Essentially, it was the marketplace in action. You weren't comfortable with the arrangement so you declined to do business with the attorney, who had every right to set a value on her time.

Dale Emch practices law at the Dale Emch Law Office, LLC, in Toledo. In his column, he will discuss general legal principles and answer readers' questions. Neither Mr. Emch nor The Blade present or intend his column to be taken as legal advice. Readers seeking legal advice should consult with an attorney. Readers may send their questions to 615 Adams St. Toledo, OH 43604. His blog is at toledocaraccidentlawyerblog.com and his Web site is www.daleemch.com.