The first consultation is free, in all cases, whether in Arbitration or Enforcement.
If McCandless is engaged (by a player and/or by his agent) to prosecute or defend a case before the Basketball Arbitral Tribunal, a $2500 retainer is paid by the client. Once the retainer payment is made, the client will pay no more—win, lose or draw to McCandless.
Once there is a judgment and award in favor of the client, BAT will often, but not always, award attorneys fees (in addition to a monetary award and costs). The award is based on the attorney’s time, and this time is generally set forth in a legal bill, which is attached to client’s closing documents, i.e., the documents presented by the parties before the Arbitrator makes his final ruling). If the award includes fees in excess of $2500, then the client will get his retainer back.
ENFORCEMENT OF BAT AWARDS
Once a client is successful in obtaining a BAT award, the losing party must pay that award. Most of the time, the payment is made voluntarily, but sometimes the award must be enforced, which is another, separate procedure. If McCandless is retained to help in the enforcement of the judgment, a non-refundable payment is made to support his efforts.
To represent a player in connection with a FIBA suspension hearing, the charge is $100 per hour supported by a $1500 retainer.
McCandless agrees to keep all business 100% confidential. This agreement will be embodied in the retainer agreement.