Dicas de Tradução / Translation Tips: LAWYERS: BILLABLE HOUR VS. FLAT FEE VS. SUCCESS FEE

1.31.2009

LAWYERS: BILLABLE HOUR VS. FLAT FEE VS. SUCCESS FEE

horas trabalhadas/horas faturáveis vs. honorários fixos vs. honorários de êxito/sucesso
loss of suit cost / losing party’s cost = honorários da sucumbência

"I'm a Trial Lawyer, I Bill by the Hour... This Needs to be Fixed". "Evan Chesler, a Cravath lifer and the firm’s presiding partner (Cravath, Swaine & Moore), writing in Forbes, has become the most recent high profile lawyer to call for nthe end of the billable hour. In the upcoming issue of Forbes, in an article called “Kill the Billable Hour,” he writes: “The billable hour makes no sense, not even for lawyers. If you are successful and win a case early on, you put yourself out of work. If you get bogged down in a land war in Asia, you make more money. That is frankly nuts.” (http://www.forbes.com/forbes/2009/0112/026.html)

"Lawyers are having trouble defending the most basic yardstick of the legal business — the billable hour. ... Mr. Chesler, who is an advocate of the new billing practices, said that instead of paying for hours worked, more clients are paying Cravath flat fees for handling transactions and success fees for positive outcomes, as well as payments for meeting other benchmarks. He said that such arrangements were still a relatively small part of his firm’s total business, but declined to discuss billable rates and prices in detail." [International Herald Tribune - http:// www.iht.com/articles/2009/01/30/business/hours.3-419545.php]

Rose Polato

Experiência de mais de 30 anos: 10 anos na Divisão de Engenharia de empresa norte-americana; 5 anos no Iraque, como tradutora da Mendes Júnior (construção pesada); 3 anos em empresa de auditoria (uma das Big Six) (auditoria, contratos); 20 anos em diversas áreas (+-8.000 currículos para Catho e Manager; +-40.000 laudas de tradução). Tradutora Pública e Intérprete Comercial (Juramentada) aprovada em Concurso da JUCESP(Ano 2000), Certificate of Proficiency in English /University of Michigan [EUA-1973]; International Legal English Certificate-ILEC/University of Cambridge (Inglaterra-2007].

Atualizado sempre que possível.

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Tradução: R$63,94 / lauda
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Você sabe que é um tradutor quando...

...se identifica totalmente com a música abaixo!

FIVE THOUSAND WORDS
(Lyrics and music © by Sharon Neeman)
http://www.youtube.com/watch?v=O9KbQyrxSIo

The clock showed close to quitting time;
my desk was almost clear;
I thought perhaps I'd slip

around the corner for a beer -
But the phone rang - and I answered -
and a friendly voice said "Hi!"
It was the secretary of a legal firm nearby.
She said "Oh, please excuse me

for calling this late in the day,
But we have a new petition

in a case that's under way;
Can you translate it by tomorrow?
Any time by five will do -
'Cause we wouldn't want to give the work

to anyone but you:

It's: only: Five thousand words

for tomorrow at five;
I thought "I'll do that easily;
I'll scarcely have to strive,
" So I smiled and said

"No problem;

I'll just add it to my bill,
And you'll send a check on Friday?"
And she said "You know we will."

I set to work at eight AM;

I cut my lunch date short;
By five the stuff was ready

to be filed before the Court;
I sent it off by email and

I poured a cup of tea -
And the phone rang -

and I answered -
and a lawyer asked from me:

"I've just leafed through your translation,

and I think it's very good,
And I'd like you to translate an affidavit,

if you could;
It's the size of that petition -

well, perhaps a little more -
And you know that I'd be grateful if

you'd have it in by four;

It's: only: Six thousand words

for tomorrow at four;"
I thought "I'll get up early;

I've a longish day in store,"
And I shrugged and said

"No problem;
I'll just add it to my bill
And you'll send a check on Friday?"
And he said "You know we will."

I hit the desk at seven and

I ate my lunch alone;
I never touched the Solitaire or

gossiped on the phone;
At four o'clock I sent it off and

shook my weary head -

And the phone rang -

and I answered -
and the junior partner said:
"I really have to thank you

for a job superbly done,
And I'm sure you'll be delighted,

'cause we've got another one:
I've just finished my summation,

and you know how glad I'd be

If your excellent translation

could be on my desk by three:
It's: only: Eight thousand words

for tomorrow at three;"

I thought, "It won't be easy:

but I'll have the evening free,"
So I sighed and said

"No problem; I'll just add it to my bill,

And you'll send a check on Friday?"
And she said "You know we will."

I started at five-thirty,

and my lunch was just a snack;
At three I typed the last few words

and sent the email back;
I flexed my aching fingers

and I silently rejoiced -
And the phone rang - and I answered -
and the senior partner's voice said:

"You really are a wonder,

and your talents are unique -
In fact, that's why

we've kept you very busy all this week;
Now, I know that it's short notice,

but I have to count on you -

For the Judge needs my rebuttal

to be on her desk at two:
It's: only: Ten thousand words

for tomorrow at two;"

I thought, "How can I tell him that

it's just too much to do?"

But I groaned and said

"No problem; I'll just add it to my bill,

And you'll send a check on Friday?"
And he said "You know we will."

I staggered in at four AM;

I never ate a bite;
But I got it done by two,

although it was a trifle tight;
I was dizzy, I was queasy,

and I thought I'd never budge -
But the phone rang - and I answered -
and by God, it was the Judge!

She said, "I know you're tired,

and I really hate to ask,
But there's no one in the city

that can do this one last task:
For I've handed down my ruling,"

and she gave a modest cough, "

And at one PM tomorrow,

the courier takes off:
It's: only: Twelve thousand words

for tomorrow at one;
" My mind screamed "No, Your Honor!
There are things that can't be done!"

But the words came out "No problem;
I'll just add it to my bill"
And it's been four months since Friday,
and the bastards owe me still!

1.31.2009

LAWYERS: BILLABLE HOUR VS. FLAT FEE VS. SUCCESS FEE

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2014

Rose Polato

Atualizado sempre que possível.

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