Generally, indie game studio lawyers have three methods of billing — hourly, flat fee, and contingency. These structures depend on what services are being provided and what the client is able to negotiate. For an indie game studio attorney, fees are typically charged by the hour or via flat fee.
Flat fee billing is often arranged for specific and discrete services with a clear end-point. For example, indie game studios will need legal services related to protecting their intellectual property, like copyrights and trademarks. Thus, to prepare and file an application to register a trademark, a flat fee can be negotiated for something in the range of $1,000 to $1,500, exclusive of filing fees. Other examples of this type of flat fee billing include copyright registration and the formation of corporate entities.
Reviewing, drafting, and negotiating indie game studio contracts are another type of legal services that can be invoiced as flat-fee. An example might be employee, independent contractor, or work-for-hire contracts. Depending on the complexity, simple contracts are billed from $750 to $1,250. But note that legal services related to compliance with local, state, and federal labor laws are generally billed on an hourly basis. Other typical contracts that are often billed as flat fee arrangements include publishing agreements, terms of use agreements, end-user licensing, privacy policies and agreements, etc. The flat fee charged will generally depend on the complexity of the contract at issue. Something complicated like a licensing agreement or a trademark co-use and co-existence agreement will cost more.
Flat fee billing can also be negotiated for trademark protection services like sending DMCA takedown notices, sending cease and desist letters, and responding to letters/demands claiming that you are in violation of someone’s intellectual property rights.
Contingency billing is most often reserved for litigation services and, typically, only if you are the person/game studio suing and seeking damages. Contingency billing generally means that the client pays no legal fees unless the case is successful in obtaining a settlement or a judgment. That is, the fee is contingent upon success in the litigation. The most common lawyer contingency fee is one-third of the total amount recovered, minus costs and other expenses agreed in advance. Costs and expenses generally include court filing fees, deposition costs, expert opinion witness fees, and more.
If your indie game studio is defending a lawsuit or government investigation, litigation legal services are charged by the hour. As noted, the typical hourly billing rate for an indie game studio attorney is from $500 to $900 an hour. However, top-tier experienced litigation attorneys will charge upwards of $1,200 an hour for such services. For litigation, generally, more than one attorney will be assigned to the case, and there are often different hourly billing rates for the various assigned attorneys.
Contact The Indie Game Studio Attorneys at Revision Legal
For more information, contact the experienced Indie Game Studio Lawyers at Revision Legal. You can contact us through the form on this page or call (855) 473-8474.
