In many ways, the lawyer and client switch roles with alternate billing.
1. Case Evaluation Clients like lawyers who agree with them. Finding the client's version credible, agreeing with damage assessments, and providing enthusiastic projections are ways attorneys secure cases. Sometimes the client will find the case has problems, and discover fees take up a large portion or worse exceed recovery. The client needs to view the lawyer's enthusiasm about the case with some skepticism.
The lawyer needs the same skepticism with alternate billing, as the roles change and the client may tout his claim to secure non-hourly billing. Alternate billing compels the lawyer to take a careful look at the case, consider potential problems, and assess risks. Ultimately that is a good thing, for realism should occur at the onset of representation, not the eve of trial.
2. Risks Risks are reversed with contingent or alternate billing.
In an hourly case, the client assumes the risk of new or missed evidence, delays and adjournment increasing costs, unpersuasive witnesses, and adverse legal rulings; with alternate billing the lawyer takes on a large part of those risks.
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