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Custom Hourly Rate Surveys

Compare & Prove Billing Rates with Prevailing Market Rate Surveys

Hourly rates are not attorney fees.  But they are a major factor in determining attorney fees.  In fact, hourly rates are one of the most important variables in determining attorney fee awards in court.  As such, establishing the lodestar or prevailing market rate is paramount for any claim for attorney fees.  But one attorney’s individual hourly billing rate (i.e. a single discrete numerical value) is not the same as the prevailing market hourly rate (i.e. an aggregated hourly rate data).

Overview
NALFA conducts custom lodestar or prevailing market rate surveys for clients such as law firms and corporate legal departments.  Our custom surveys provide our clients with accurate and authoritative data on prevailing market hourly rates within a given practice area and/or geography.  Indeed, our lodestar or prevailing rate surveys have been cited by fee-seeking or fee-challenging litigators in fee requests.  Our custom surveys can also be used for internal purposes such as litigation rate comparisons.

Hourly Rate Factors

NALFA has identified four factors that help determine prevailing market hourly rates.  These variables include:

  • Geography/ Location / Jurisdiction (i.e. Oklahoma City Rates v. New York City Rates)
  • Years in Practice / Seniority (i.e. 3rd Year Associate Rates v. 12th Year Partner Rates)
  • Litigation Practice Area / Complexity of Case (i.e. PI Litigation Rates v. IP Litigation Rates)
  • Law Practice Size (i.e. Solo Practitioner Rates v. 400+ Attorney Law Firm Rates)

These four hourly rate factors have significant impact on prevailing market rates.  These factors are known as the primary variables and should be a part of any survey on hourly rates.

Survey Proposal

Each survey is custom designed to meet the needs of the client.  We work closely with client on all aspects of the hourly rate survey.  Once we understand the client’s rate data needs, we prepare a survey proposal.  Our proposal will include a step-by-step guide to the hourly rate survey process.  Our flat fee cost depends on the size and scope of the survey.  All client information to kept in strict confidence.

Survey Process & Methodology

Our prevailing rate surveys are conducted via electronic email (email).  We maintain a proprietary email database of over 400K attorneys from across the U.S.  Generally, our hourly rate surveys pass through the following stages:

  • Survey Design / Survey Questions
  • Identify Survey Population
  • Launch Email Survey Campaign
  • Achieve Representative Sample Size
  • Tabulate Survey Results & Report Findings

The client has the ultimate authority over the survey questions and survey design.  Good survey design leads to good survey data.  NALFA begins the survey process by accumulating a survey population of litigators.  This is done through proprietary methods.  Once we have a large enough population size, the email campaign can begin.

The email campaign is conducted over several days or weeks.  We keep the client apprised of the survey’s progress.  To increase the survey participation rate, we can offer survey participants certain benefits.  These benefits can include, receiving all or a portion of the survey results.   Once we have reached a certain threshold, we conclude the survey campaign and begin to tabulate the survey data.

Work Product: Survey Data & Report

At the conclusion of the survey, NALFA will prepare the survey data and report.  The survey data will be presented in charts and graphs.  The survey report includes a detailed narrative of the survey process and methodology.  Our report will not draw any conclusions or findings.  That is up to the client.  Throughout the entire survey process, NALFA respects the privacy of our survey participants and will never disclose the names of individuals or law firms.