It Can Be Difficult To Estimate The Cost Of Legal Services – Above the Law

Lawyers
are
often
asked
to
estimate
how
much
it
will
cost
to
pursue
a
given
strategy
or
complete
a
particular
legal
project.
Clients
may
be
wary
of
giving
lawyers
a
blank
check
when
performing
work,
and
clients
often
want
to
understand
how
much
money
they
might
need
to
pay
if
a
matter
proceeds
in
a
certain
way.
Also,
it
can
be
difficult
for
lawyers
to
accurately
estimate
the
cost
of
a
given
legal
task
since
legal
matters
are
unpredictable,
and
it
can
be
difficult
to
provide
an
accurate
estimate
of
cost.
However,
lawyers
can
keep
some
things
in
mind
when
conveying
estimates
of
legal
costs
so
that
clients
have
the
least
likelihood
of
being
upset
at
the
final
cost
of
the
work.

Sometimes,
lawyers
wish
to
underestimate
the
amount
it
might
cost
to
pursue
a
given
legal
strategy.
Attorneys
may
believe
that
a
client
would
not
hire
a
lawyer
if
they
think
that
the
expense
is
too
high,
so
a
lawyer
may
wish
to
understate
the
estimated
cost
for
services.
Moreover,
lawyers
may
be
competing
for
legal
work,
and
it
might
be
better
to
quote
a
lower
cost
to
pursue
a
strategy
hoping
that
a
client
will
pick
the
lawyer
who
said
they
could
complete
a
project
at
the
lowest
cost.
Still
other
lawyers
may
believe
it
will
not
be
much
of
a
big
deal
if
the
lawyer
goes
over
the
estimate
so
there
are
not
too
many
problems
to
underestimating
the
cost
of
legal
services.

However,
whenever
possible,
it
is
usually
best
to
give
an
estimate
that
has
a
range
which
includes
a
high-end
figure
if
a
particular
project
is
exceptionally
expensive
to
complete.
This
may
give
some
clients
sticker
shock,
and
they
may
not
wish
to
pursue
a
given
strategy
when
confronted
with
the
possibility
that
this
will
cost
the
client
a
bucket
of
money.
However,
clients
should
have
as
much
information
as
possible
when
making
choices
about
legal
strategy,
so
quoting
a
worst-case
scenario
is
usually
the
right
thing
to
do.
In
addition,
this
makes
it
less
likely
that
a
client
will
feel
upset
when
they
end
up
paying
more
than
expected
at
the
end
of
a
representation,
which
can
help
a
lawyer
establish
a
long-term
connection
with
the
client.

Another
helpful
strategy
when
estimating
legal
costs
is
to
refrain
from
providing
a
single
figure
for
a
given
legal
project.
Many
lawyers
would
rather
provide
an
estimated
cost
for
each
of
the
particular
tasks
associated
with
a
project
so
that
a
client
can
digest
cost
information
in
smaller
bits
of
information.
When
I
was
an
associate
at
an
insurance
defense
firm,
some
of
the
insurance
companies
made
us
prepare
budgets
so
that
they
could
estimate
how
much
each
matter
would
cost
to
litigate.
From
my
experience,
insurance
companies
were
much
more
likely
to
approve
larger
budgets
if
they
could
see
all
of
the
tasks
that
would
be
incorporated
into
the
representation
and
the
cost
of
each
task.

Usually,
I
would
list
all
of
the
stages
of
litigation
through
discovery,
dispositive
motions,
trial,
and
appeal.
I
would
then
break
down
these
categories
further
into
the
number
of
depositions,
types
of
written
discovery,
and
other
subparts.
I
would
then
provide
a
range
of
cost
for
each
of
the
stages
so
that
the
estimate
was
completely
transparent.
At
the
end,
I
had
a
global
range
of
how
much
the
entire
matter
could
cost
to
litigate,
which
I
arrived
at
by
adding
all
of
the
costs
that
I
broke
down
in
prior
sections
of
the
budget.
Lawyers
should
try
their
best
not
to
give
clients
an
estimate
of
legal
costs
without
breaking
things
down
into
tasks
since
this
a
much
more
difficult
pill
to
swallow
than
understanding
all
of
the
steps
involved
in
a
matter
and
how
much
each
task
costs.

All
told,
estimating
legal
costs
can
be
very
difficult,
and
lawyers
can
implement
a
few
different
strategies
to
lessen
client
dissatisfaction.
Usually,
being
transparent
about
worst-case
scenarios
and
breaking
down
budgets
whenever
possible
helps
lawyers
convey
cost
information
with
the
lowest
chance
a
client
will
be
disappointed.




Rothman Larger HeadshotJordan
Rothman
is
a
partner
of




The
Rothman
Law
Firm
,
a
full-service
New
York
and
New
Jersey
law
firm.
He
is
also
the
founder
of




Student
Debt
Diaries
,
a
website
discussing
how
he
paid
off
his
student
loans.
You
can
reach
Jordan
through
email
at





[email protected]
.

No More ‘Three-Course Meals’: Diddy’s Lawyer Says Jail Food Has Been ‘Rough’ On Client’s Gourmet Palate – Above the Law

Sean
‘Diddy’
Combs
(Photo
by
Shareif
Ziyadat/Getty
Images)



Ed.
note
:
Welcome
to
our
daily
feature,

Quote
of
the
Day
.


I
think
the
food’s
probably
the
roughest
part
of
it.





Marc
Agnifilo
 of
Agnifilo
Intrater,
who
serves
as
criminal
defense
attorney
to
Sean
“Diddy”
Combs,
in

comments
given
to
reporters

concerning
what
the
biggest
adjustment
for
his
client
has
been
as
he
awaits
his

sex
crimes
trial

behind
bars.
The
music
mogul
is
used
to
eating
gourmet
meals,
but
at
Brooklyn’s
Metropolitan
Detention
Center,
the
food
is
quite
basic.
Given

other
reports

of
what
goes
on
at
the
Detention
Center,
it
sounds
like
Diddy
is
faring
quite
well
if
the
food
is
his
only
complaint.



Staci ZaretskyStaci
Zaretsky
 is
a
senior
editor
at
Above
the
Law,
where
she’s
worked
since
2011.
She’d
love
to
hear
from
you,
so
please
feel
free
to

email

her
with
any
tips,
questions,
comments,
or
critiques.
You
can
follow
her
on

X/Twitter

and

Threads

or
connect
with
her
on

LinkedIn
.

Morning Docket: 10.11.24 – Above the Law

Not
Olive
Garden
pasta
(via
Getty
Images)

*
Uh
oh…
SpaghettiOs:
Woman
arrested
after
cops
found
a
“suspicious
substance”
on
a
spoon
in
her
purse
during
a
routine
traffic
stop

it
was
canned
pasta
sauce.
[

Lowering
the
Bar
]

*
Respect
the
LinkedIn
hustle:
FTX
officer
updates
profile
to
reflect
prison
sentence.
[CNN]

*
What
this
tells
me
is
that
Roberts
is
still
very,
very

annoyed
with
the
Fifth
Circuit’s
nonsense
.
[National
Law
Journal
]

*
Speaking
of
forum
shopping:
“US
Appellate
Judge
Urges
Caution
on
Judge-Shopping
Rule.”
This
is
why,
unfortunately,
it’s
become
necessary
for
journalists
to
clarify
“TRUMP
Appellate
Judge
Urges
Caution
on
Judge-Shopping
Rule.”
Without
that
context,
this
news
story
reads
as
though
this
isn’t
a
wholly
partisan
stance.

*
The
thing
about
loser-pays
is
that
the
winners
can
rack
up
some
epic
mini-bar
charges
along
the
way.
[Roll
on
Friday
]

*
Nixon
Peabody
sues
personal
injury
firm.
[ABA
Journal
]

*
If
only
some
Supreme
Court
justices
cared
about
miscarriages
of
justice
as
much
as
they
care
about
jailing
women
after
a
miscarriage.
[Dorf
on
Law
]

*
Judge
Kindred
texted
with
former
clerk/inappropriate
relationship/prosecutor
about
a
case
as
he
presided
over
it.
This
is
distinct
from
the
senior
prosecutor
who
sent
the
judge
nude
photographs.
Get
it
together,
Alaska!
[Reuters]

How Appealing Weekly Roundup – Above the Law

(Image
via
Getty)




Ed.
Note
:

A
weekly
roundup
of
just
a
few
items
from
Howard
Bashman’s

How
Appealing
blog
,
the
Web’s
first
blog
devoted
to
appellate
litigation.
Check
out
these
stories
and
more
at
How
Appealing.


“Let’s
Not
Bring
Back
Jail
for
Swearing”:
 Online
at
The
New
York
Times,
law
professors Jacob
D.
Charles
 and Matthew
L.
Schafer
 have a
guest
essay

that
begins,
“With
its
new
term
starting
this
month,
the
Supreme
Court
will
likely
confront
calls
to
upend
constitutional
law
yet
again.
One
very
possible
target
is
people’s
everyday
right
to
voice
their
political
opinions,
to
speak
up,
even
just
to
swear.”


“J&J
Talc
Bankruptcy
Stays
in
Texas,
Boosting
Settlement
Odds;
J&J
beats
Justice
Department
bid
to
move
case
to
New
Jersey;
J&J
talc
bankruptcies
had
twice
been
stopped
in
New
Jersey”:
 Jonathan
Randles
and
Steven
Church
of
Bloomberg
News
has this
report
.


“The
Anti-Abortion
Movement
Is
Pivoting
Back
to
Victimhood
at
the
Supreme
Court”:
 Sarah
Lipton-Lubet
has this
Jurisprudence
essay
 online
at
Slate.


“Why
the
Supreme
Court
May
Not
Decide
the
2024
Election
After
All”:
 Law
professor Richard
L.
Hasen
 —
founder
of
the
Election
Law
Blog


has this
Jurisprudence
essay
 online
at
Slate.


“US
sides
with
Ukraine
in
fight
with
Taliban
victims
over
$42
mln
from
Russian
bank”:
 Alison
Frankel’s
“On
the
Case”
from
Reuters
has this
post
.


“The
Supreme
Court’s
Originalists
Are
Fundamentally
Wrong
About
History;
The
Founders
didn’t
believe
the
Constitution
had
a
fixed
meaning;
So
why
do
so
many
of
the
justices?”
 Andrew
Lanham
has this
essay
 online
at
The
New
Republic.

Join The Conversation On In-House Careers! – Above the Law

Olga
V.
Mack


With
bonus
season
on
the
horizon,
we’re
putting
the
finishing
touches
on
our
annual
look
into
the
black
box
of
corporate
law
department
pay. 


New
this
year,
our
own
Olga
V.
Mack
will
be
providing
insights
and
analysis
accompanying
the
report. 


She’ll
also
be
leading
online
focus
groups
this
fall,
where
in-house
professionals
can
share
their
thoughts
with
their
colleagues

and
for
potential
inclusion
in
this
high-profile
project. 


Interested
in
joining? 



You
can
register
here
,
and
Olga
will
be
following
up
with
a
link
to
the
call. 


Stay
tuned
for
our
survey
results,
drawing
on
well
over
1,000
responses.


Bonus Time

Enter
your
email
address
to
sign
up
for
ATL’s

Bonus
&
Salary
Increase
Alerts
.


Morning Docket: 10.11.24 – Above the Law

Not
Olive
Garden
pasta
(via
Getty
Images)

*
Uh
oh…
SpaghettiOs:
Woman
arrested
after
cops
found
a
“suspicious
substance”
on
a
spoon
in
her
purse
during
a
routine
traffic
stop

it
was
canned
pasta
sauce.
[

Lowering
the
Bar
]

*
Respect
the
LinkedIn
hustle:
FTX
officer
updates
profile
to
reflect
prison
sentence.
[CNN]

*
What
this
tells
me
is
that
Roberts
is
still
very,
very

annoyed
with
the
Fifth
Circuit’s
nonsense
.
[National
Law
Journal
]

*
Speaking
of
forum
shopping:
“US
Appellate
Judge
Urges
Caution
on
Judge-Shopping
Rule.”
This
is
why,
unfortunately,
it’s
become
necessary
for
journalists
to
clarify
“TRUMP
Appellate
Judge
Urges
Caution
on
Judge-Shopping
Rule.”
Without
that
context,
this
news
story
reads
as
though
this
isn’t
a
wholly
partisan
stance.

*
The
thing
about
loser-pays
is
that
the
winners
can
rack
up
some
epic
mini-bar
charges
along
the
way.
[Roll
on
Friday
]

*
Nixon
Peabody
sues
personal
injury
firm.
[ABA
Journal
]

*
If
only
some
Supreme
Court
justices
cared
about
miscarriages
of
justice
as
much
as
they
care
about
jailing
women
after
a
miscarriage.
[Dorf
on
Law
]

*
Judge
Kindred
texted
with
former
clerk/inappropriate
relationship/prosecutor
about
a
case
as
he
presided
over
it.
This
is
distinct
from
the
senior
prosecutor
who
sent
the
judge
nude
photographs.
Get
it
together,
Alaska!
[Reuters]

Attorney Says Law Firm Filmed Pornos In His Office – Above the Law

A
lawyer
in
Colorado
has
filed
a
lawsuit
against
his
old
firm.
That’s
not,
in
itself,
surprising.
Law
firm
breakups
happen
all
the
time,
usually
over
money
or

generalized
ill-will
over
management
clashes
.

So
what’s
going
on
with

Tannenbaum
v.
Trost
,
a
complaint
recently
filed
in
Denver?

15.
Mr.
Tannenbaum
opened
a
law
practice
in
2010.

16.
In
2014,
Tannenbaum
and
Trost
decided
to
form
a
law
firm
together.

17.
Tannenbaum
and
Trost
operated
the
law
firm
together
until
2015,
at
which
point
they
invited
a
third
partner,
Robert
E.
Burk,
a
friend
of
theirs
from
Law
School.

18.
Thereafter
Tannenbaum,
Trost
and
Burk
ran
the
firm,
equally
sharing
duties,
profits
to
Tannenbaum’s
knowledge
at
the
time.

So
far,
so
good…

19.
Unbeknownst
to
Tannenbaum,
Trost
and
Burk
were
simultaneously
using
the
firm’s
offices
and
resources
to
film
pornography
which
was
distributed
for
significant
profit
using
various
websites
including
but
not
limited
to
TheBackroomCastingCouch.com
and
pornhub.com.

Remember
that
time
in

The
League


the
brilliant
FX
show
following
the
shenanigans
of
a
fantasy
football
league

when
Andre
finished
last
and
his
assigned
“punishment”
involved
the
gang
secretly
filming
a
porn
movie
in
his
well-appointed
loft?
Perhaps
I
was
too
quick
to
judge
that
plot
as
too
difficult
to
believe.

Tannenbaum
also
claims
that
his
partners’
filmmaking
efforts
“made
it
a
point
to
ejaculate
onto
the
possessions
of
Mr.
Tannenbaum.”
Friends,
this
is
why
work-from-home
policies
are
so
important.

But
it’s
not
just
about
the
porn:

21.
Despite
using
their
law
firm’s
money,
office
space,
and
network
for
production
of
their
videos,
Trost
and
Burk
did
not
inform
Tannenbaum
of
their
activities.

22.
It
follows
they
did
not
share
any
of
the
substantive
revenues
they
made
from
their
production,
though
the
operating
agreement
of
the
firm
requires
them
to
do
so.

Fun
fact:
Cravath’s
partnership
agreement
also
explicitly
requires
sharing
porn
profits.

While
the
porn
allegations
make
for
quite
the
lede,
the
complaint
takes
a
sad
and
serious
turn
from
there.
Hopefully
this
is
a
case
that
can
be
resolved
amicably
and
the
folks
involved
get
access
to
the
resources
they
need.




HeadshotJoe
Patrice
 is
a
senior
editor
at
Above
the
Law
and
co-host
of

Thinking
Like
A
Lawyer
.
Feel
free
to email
any
tips,
questions,
or
comments.
Follow
him
on Twitter or

Bluesky

if
you’re
interested
in
law,
politics,
and
a
healthy
dose
of
college
sports
news.
Joe
also
serves
as
a

Managing
Director
at
RPN
Executive
Search
.

Morning Docket: 10.11.24 – Above the Law

Not
Olive
Garden
pasta
(via
Getty
Images)

*
Uh
oh…
SpaghettiOs:
Woman
arrested
after
cops
found
a
“suspicious
substance”
on
a
spoon
in
her
purse
during
a
routine
traffic
stop

it
was
canned
pasta
sauce.
[

Lowering
the
Bar
]

*
Respect
the
LinkedIn
hustle:
FTX
officer
updates
profile
to
reflect
prison
sentence.
[CNN]

*
What
this
tells
me
is
that
Roberts
is
still
very,
very

annoyed
with
the
Fifth
Circuit’s
nonsense
.
[National
Law
Journal
]

*
Speaking
of
forum
shopping:
“US
Appellate
Judge
Urges
Caution
on
Judge-Shopping
Rule.”
This
is
why,
unfortunately,
it’s
become
necessary
for
journalists
to
clarify
“TRUMP
Appellate
Judge
Urges
Caution
on
Judge-Shopping
Rule.”
Without
that
context,
this
news
story
reads
as
though
this
isn’t
a
wholly
partisan
stance.

*
The
thing
about
loser-pays
is
that
the
winners
can
rack
up
some
epic
mini-bar
charges
along
the
way.
[Roll
on
Friday
]

*
Nixon
Peabody
sues
personal
injury
firm.
[ABA
Journal
]

*
If
only
some
Supreme
Court
justices
cared
about
miscarriages
of
justice
as
much
as
they
care
about
jailing
women
after
a
miscarriage.
[Dorf
on
Law
]

*
Judge
Kindred
texted
with
former
clerk/inappropriate
relationship/prosecutor
about
a
case
as
he
presided
over
it.
This
is
distinct
from
the
senior
prosecutor
who
sent
the
judge
nude
photographs.
Get
it
together,
Alaska!
[Reuters]

Law Student To Lead Helicopter Flyover At Big SEC Football Game – Above the Law

Kyle
Wise
(courtesy
photo)

Law
students
usually
have
pretty
demanding
schedules
when
it
comes
to
their
studies,
but
those
who
are
able
to
do
more
with
what
little
free
time
they
have
are
standouts
among
their
peers.
Kyle
Wise,
a
veteran
who’s
currently
a
3L
at
the
University
of
Alabama
School
of
Law,
uses
his
free
time
to
admirably
serve
his
country.

Wise,
who
leads
the
Alabama
Military
Law
Society
as
its
president,
is
a
commander
in
the
1-151
Attack
Battalion
of
the
South
Carolina
National
Guard
aviation
unit,
where
he
oversees
a
36-member
Attack
Aviation
Company.
He
often
finds
himself
juggling
his
legal
studies
while
traveling
back
and
forth
to
South
Carolina
several
times
a
month
to
conduct
flights
and
support
his
crew.

“I
do
many
of
my
class
readings
the
week
before
so
I
can
prepare
for
the
next
week
in
between
flights,”
Wise
told
the

UA
News
Center
.
“If
it
is
not
a
training
or
drill
weekend,
I’ll
leave
for
South
Carolina
on
Wednesday
and
come
home
to
Alabama
on
Friday
to
start
lining
up
on
the
classes
that
I
missed.
If
it’s
a
drill
weekend,
I
usually
won’t
return
until
Sunday
at
midnight
and
will
play
catch-up
throughout
the
week.”

This
weekend,
Wise
will
lead
his
company
in
a
four
AH-64
Apache
helicopter
flyover
for
the
Alabama
vs.
South
Carolina
football
game.
Sources
say
that
having
a
current
student
leading
the
company
as
a
pilot
is
a
rarity.
If
you
watch
the
game
on
Saturday,
you’ll
be
able
to
see
Wise
flying
high
over
the
stadium.
Roll
Tide!

Congratulations
to
Kyle
Wise
on
this
awesome
achievement!


Alabama
Law
Student
to
Lead
Apache
Helicopter
Flyover
at
SEC
Showdown

[UA
News
Center]



Staci ZaretskyStaci
Zaretsky
 is
a
senior
editor
at
Above
the
Law,
where
she’s
worked
since
2011.
She’d
love
to
hear
from
you,
so
please
feel
free
to

email

her
with
any
tips,
questions,
comments,
or
critiques.
You
can
follow
her
on

X/Twitter

and

Threads

or
connect
with
her
on

LinkedIn
.

Morning Docket: 10.11.24 – Above the Law

Not
Olive
Garden
pasta
(via
Getty
Images)

*
Uh
oh…
SpaghettiOs:
Woman
arrested
after
cops
found
a
“suspicious
substance”
on
a
spoon
in
her
purse
during
a
routine
traffic
stop

it
was
canned
pasta
sauce.
[

Lowering
the
Bar
]

*
Respect
the
LinkedIn
hustle:
FTX
officer
updates
profile
to
reflect
prison
sentence.
[CNN]

*
What
this
tells
me
is
that
Roberts
is
still
very,
very

annoyed
with
the
Fifth
Circuit’s
nonsense
.
[National
Law
Journal
]

*
Speaking
of
forum
shopping:
“US
Appellate
Judge
Urges
Caution
on
Judge-Shopping
Rule.”
This
is
why,
unfortunately,
it’s
become
necessary
for
journalists
to
clarify
“TRUMP
Appellate
Judge
Urges
Caution
on
Judge-Shopping
Rule.”
Without
that
context,
this
news
story
reads
as
though
this
isn’t
a
wholly
partisan
stance.

*
The
thing
about
loser-pays
is
that
the
winners
can
rack
up
some
epic
mini-bar
charges
along
the
way.
[Roll
on
Friday
]

*
Nixon
Peabody
sues
personal
injury
firm.
[ABA
Journal
]

*
If
only
some
Supreme
Court
justices
cared
about
miscarriages
of
justice
as
much
as
they
care
about
jailing
women
after
a
miscarriage.
[Dorf
on
Law
]

*
Judge
Kindred
texted
with
former
clerk/inappropriate
relationship/prosecutor
about
a
case
as
he
presided
over
it.
This
is
distinct
from
the
senior
prosecutor
who
sent
the
judge
nude
photographs.
Get
it
together,
Alaska!
[Reuters]