I think, thanks to this economic downturn, you can find a lot more attorneys who have “seen the light” and turned away from the hourly rate. The flat fee is staging a comeback (before the advent of the hourly rate it was the main billing method) as it can control costs and make legal services more affordable for the small business/individual while giving some relief to attorneys burdened by the “billable hour” mandate that has made burn out endemic in the industry.

As for setting a mutually agreeable fee, it isn’t as tough as some attorneys make it out to be. One key is to stop thinking of the attorney’s product as “time” and start thinking of it as a “solution” that is being provided to the client. Thus, “what is it worth to the client to get the end result the attorney is promising?” Some will pay more, some will pay less, but the result is still a happy client and, hopefully, an attorney who is comfortable with the fee received for the effort expended.