Resources > Guide for Clients

Wexler Wallace is committed to providing the highest quality legal services to its clients and colleagues. This section provides a brief summary of what our clients should expect from our firm.

Our Values

At Wexler Wallace, we are committed to advocating for justice for our clients with drive, passion, respect for the rule of law and utmost integrity.  We believe our clients deserve lawyers who:

  • Provide legal representation meeting high standards of excellence;
  • Do their work in a timely manner;
  • Respect the confidentiality of client information; and
  • Respond quickly and thoughtfully to the needs of clients, co-counsel and courts.

We recruit lawyers with integrity and drive -- and we emphasize these characteristics daily. We ask our lawyers to dedicate themselves to providing the best quality service to our clients and the classes we represent. We strive to meet and exceed the expectations of our clients, our colleagues and the judges before whom we practice. And we always seek to be responsive and reliable in all aspects of our work.

Communicating With Our Lawyers

We understand that access to an attorney is critically important. While our normal office hours are 8:30 a.m. to 5:00 p.m., Monday through Friday, our attorneys are always willing to talk at other times by appointment. Meetings can be held at any of our firm’s offices or at another location more convenient for you. We pride ourselves on being responsive and flexible.

Our attorneys all have individual voicemail and e-mail.  You can leave our attorneys voicemail or email messages any time of day or night. We are committed to responding to client communications within 24 hours of receipt (barring unusual circumstances).  

Please feel free to contact any of our attorneys, who will direct you to the lawyer most able to assist you with your case. Not sure who to contact?  Get in touch with our managing partner Kenneth A. Wexler or complete our Online Form.

Who Will Work With You?

Once you become a Wexler Wallace client, a member of the firm will be designated as your primary contact, responsible for keeping you informed of the progress of any investigations or cases we are handling for you.  A team of lawyers, paralegals and support staff will work on your behalf. Typically, in large class actions or mass torts cases, we work with other law firms representing additional clients, as well as the class. In this way, we strive to maximize the legal talent and resources available for the successful prosecution of your case.

You Are Vital To Your Own Success

The client plays an integral role in the development of a case. The information and facts you provide are critical to your case. As such, your active participation is vital. This often means producing non-privileged documents requested by your litigation opponents, giving deposition testimony, consulting with us when asked, and appearing at trial if necessary. No firm can go it alone. We need you to provide complete information for the efficient and effective protection of your interests.

The importance of providing complete and truthful information cannot be overstated. Cases are lost when clients fail to provide their attorneys with all the facts related to the litigation. We count on our clients to provide us with all of the relevant information and documents they have or can access. 

Confidentiality

We take the confidence our clients have placed in us very seriously. Unless you expressly grant permission, we will never discuss your matters with any other person or organization outside the firm or our co-counsel.

Technology

Wexler Wallace utilizes state-of-the-art technology to assure that our attorneys have easy access to all the information they need to handle their cases efficiently, diligently and effectively, regardless of where they are.

Retainer Agreements

At the beginning of the attorney/client relationship, you will typically sign a written retainer agreement. This agreement defines the scope of our undertaking. We will perform only the tasks set out in the retainer agreement.

Our duty is to the client named in the retainer agreement and any additional named plaintiffs.  If a class is certified and we are appointed class counsel, our duty is to the class as a whole.

Other terms that may or may not appear in your retainer agreement are described below. Each agreement is different; therefore, the descriptions in this website are not a substitute for reading your own agreement and should not be used to interpret that agreement. However, you may find these descriptions helpful before speaking to us about your case.

Attorneys' Fees and Costs for Clients in Class Action Contingency Cases

Most of our clients have significantly fewer financial resources than the well-heeled defendants they oppose, who can invest almost limitless time and money in their legal defense. Often the amount individual claimants stand to recover pales in comparison to what it would cost them to hire a lawyer to prosecute their interests. For these reasons, in many cases, we work on a contingent fee basis and are paid only if we bring a case to a successful conclusion through settlement or judgment.

In a class action, our fees are determined by the judge assigned to the case based on the results obtained for the class. If we represent you in a class action, the firm's retainer agreement will state that if the case is not "certified" as a class action, the firm has the right to withdraw as counsel. In class action cases, no retainer is required.

In a class action, the firm and other attorneys with whom we associate will advance the costs of the case. These costs can include expert fees, costs of deposition transcripts, copying costs, filing fees and the like. These costs are reimbursed only when awarded by a judge after a case has been successfully resolved. If no settlement or judgment is achieved, the firm receives no cost reimbursement.

Attorneys’ Fees and Costs for Clients in Non-Class Contingent Fee Cases

When Wexler Wallace agrees to represent a client on a contingency basis in a non-class action, the firm’s recovery of attorneys’ fees depends on the outcome of the case.  The fees to be recovered by Wexler Wallace will be specified in the retainer agreement, typically as a percentage of what we are able to recover. In most non-class contingent fee litigation, no retainer is required.

In a non-class contingent fee case, the client is responsible for paying all costs as the case progresses. These costs typically include expert fees, costs of deposition transcripts, copying costs, filing fees, travel expenses and the like.  Our retainer agreement typically provides that all invoices for costs will be sent to the client for payment or advanced by us. Clients must pay the costs within the time frame specified on the invoice. If the firm advances costs on a client's behalf, the client must reimburse the firm within 30 days after the date of invoice. Failure to reimburse for costs as set forth in the retainer agreement is grounds for our withdrawal as the client's attorney.

Attorneys’ Fees and Costs For Hourly Clients

For non-contingency cases, fees are typically based on the time spent on the case (unless the parties agree to another arrangement before the work begins). Wexler Wallace professional staff members and other fee earners, such as contract attorneys, have different hourly rates, which are subject to change from time to time. These rates are dependent on the experience and performance of each individual and are reviewed and updated periodically.

If you hire on firm on an hourly-rate basis, the firm typically requires the payment of a nonrefundable retainer at the beginning of work on the client's behalf.  Clients hiring us on an hourly basis are invoiced for both attorneys' fees and costs on a monthly basis. A final invoice is delivered upon completion of work on the case.  

Wexler Wallace expects to receive payment within 30 days of the invoice date. If no payment is received within that time, the firm has the right to charge interest at prevailing rates as permitted by law. Should a client have genuine difficulty in paying its legal bills, the firm will consider client requests for a suitable payment schedule.

Counterclaims

With some exceptions, if the firm is asked to defend a counterclaim against a client while prosecuting an action on a contingent fee basis, the retainer agreement may require that the client pay attorneys' fees as well as expenses. Fees to defend a counterclaim will be based upon normal hourly rates in effect at the time the bill for services is rendered. These rates are subject to change periodically.

Termination

With appropriate notice as spelled out in the retainer agreement, either the firm or the client may terminate the working relationship. If the client terminates our representation in a non-class action case, the retainer agreement will require that the client pay our fees at our normal hourly rates in effect at the time of termination, together with all disbursements incurred on its behalf. A final bill will include fees and costs incurred for any work done on the client's behalf and implemented after termination.


Fee and Cost Estimates

On request, Wexler Wallace will give clients an estimate of anticipated fees and costs. This estimate is based on information that the client provides, our assessment of the work involved, the complexity of the matter and the likely need for expert consultation and testimony. This estimate is not a guarantee, a price quote or an agreement for fees and expenses. Final charges may differ greatly from the original estimate, and could be greater or smaller.  In litigation, we have no control over the actions of our opponents, whose strategic decisions directly impact the amount of time and expenses that must be devoted to a case. As we keep our clients informed of developments in their cases, we also apprise them of any financial impact these developments may have on the original estimate.

Clients’ obligations for fees and disbursements are agreed upon before we undertake the case and spelled out in our retainer agreement.    

How To Limit Fees And Disbursements

Wexler Wallace cannot control the actions of opponents, which can increase the amount of time we must devote to a case. However, clients can help to limit their costs in a number of ways:

  • Make sure you inform us of what you wish to accomplish. That way we can avoid miscommunication and minimize wasted efforts.
  • Give us all the facts you have. We’re on the same side. The more we know, the more we'll be able to assist you in achieving your objectives.
  • If you are engaging our services on behalf of a company or organization, it is best for us to work with the key decision maker. Ultimately, this saves both time and money.
  • Take whatever steps are necessary to meet deadlines, particularly when it comes to producing documents, answering discovery and having your deposition taken.
  • If you need to talk to a lawyer, do it in the most efficient way possible.  Use meeting time for discussions of key strategies issues or to go over multiple issues.  For short questions or less important issues, a phone call or email will often suffice.
  • Keep meetings and phone calls as brief as possible.
  • Prepare for meetings. We can better assist you if you are clear and concise with your questions and concerns.  Make sure that you have all the necessary documents so that another meeting does not have to be rescheduled.

It is our desire at Wexler Wallace to handle matters as effectively and cost efficiently as possible. Our interest is in developing good working relationships with our clients so that we can achieve successful outcomes on their behalf.