The Code of Ethics of the Dominican Bar Association itemizes the factors to be considered in determining legal fees, as follows:
a) The importance of the services and the monetary value involved.
b) The result obtained by the attorney.
c) The novelty or difficulty of the legal issues involved.
d) The experience or the specialty of the attorney.
e) The isolated or continuous nature of the attorney-client relationship.
f) The risks taken on by the attorney as a result of the services provided.
g) The time spent on the matter.
You should also take into account the attorney's potential liability which goes up with price.
Let's take these one at a time:
a) $40,000 is as important to some people as $1,000,000 is to others, so I don't agree with this excuse
b)This isn't a lawsuit situation
c) The issues between the two example properties should be negligible - in fact the cheaper property may have a more checkered legal background
d)Irrelevant - either he does real estate law or not
e) Same in both instances
f)Risks again are similar with the two properties
g)Time spent should be marginally different
Potential liability - there is no liability if the lawyer does his job properly.
in conclusion, I think we can agree that there should be a sliding scale of rates based on the value of the deal. Just like a real estate broker doesn't expect to get 10% of a $1,000,000 deal, neither should a lawyer charged a fixed percentage.
Would a lawyer be happy with $5,000 for a $1,000,000 transaction? If not change lawyers! He is ripping you off.