7

Question 1

Fee and Safekeeping Property
You are a fiduciary
1. ?
2.
3.

Answer 1

1. Charging the client a fee

Question 2

Fee and Safekeeping Property
You are a fiduciary
1.
2. ?
3.

Answer 2

2. Handling client funds and property

Question 3

Fee and Safekeeping Property
You are a fiduciary
1.
2.
3. ?

Answer 3

3. Withdrawing from the case

Question 4

The engagement letter should not be the first time the client hears about the _____. Before the commencement of the action or a reasonable time after.

Answer 4

fee

Question 5

Anything the client gives you, including bank documents, text messages, old phone, all of their property you have to keep ________ from your own.

Answer 5

separate

Question 6

Rule 1.5(a) Fees

A lawyer ____ ______ make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount for expenses.

Answer 6

shall not

Question 7

Rule 1.5(a) Fees

A lawyer shall not make an agreement for, charge, or collect an _________ _____ or an _________ amount for ________.

Answer 7

unreasonable fee

unreasonable

expenses

Question 8

Rule 1.5(a) Most important word is _________! You cannot charge collect, or make an agreement for a fee that is unreasonable or for expenses that are unreasonable.

Answer 8

unreasonable

Question 9

You can charge a client for ________ copying fees OR make it overhead expenses.

Answer 9

reasonable

Question 10

Can you break up the cost of Lexis and charge the client or make it overhead expenses?

Answer 10

Yes

Question 11

Can you divide the cost of rent?

Answer 11

NO, dividing the cost of rent is not reasonable.

Question 12

Unless you do it all the time and even sometimes when you do it all the time it can be hard to know what is reasonable but have a justification for why your fee is what it is. Go through relevant factors listed in the rule to determine what is and is not ____________.

Answer 12

reasonable

Question 13

Comment 1: A lawyer may seek ____________ for the cost of services performed in-house, such as telephone charges, either by chagrining a reasonable amount to which the client has agreed in advance or by chagrining an amount that reasonably reflects the cost incurred by the lawyer.

Answer 13

reimbursement

Question 14

Comment 1: A lawyer may seek reimbursement for the ______ ___ ________ performed in-house, such as telephone charges, either by chagrining a reasonable amount to which the client has agreed in advance or by chagrining an amount that reasonably reflects the cost incurred by the lawyer.

Answer 14

cost of services

Question 15

Comment 1: A lawyer may seek reimbursement for the cost of services performed in-house, such as________ _______ , either by chagrining a reasonable amount to which the client has agreed in advance or by chagrining an amount that reasonably reflects the cost incurred by the lawyer.

Answer 15

telephone charges

Question 16

Comment 1: A lawyer may seek reimbursement for the cost of services performed in-house, such as telephone charges, either by chagrining a reasonable amount to which the client has ______ __ _______ or by charging an amount that reasonably reflects the cost incurred by the lawyer.

Answer 16

agreed in advance

Question 17

Rule 1.5(a) The factors to be considered in determining the reasonableness of a fee include the following:
1. The _______ and _______ required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly.
2.
3.
4.
5.
6.
7.
8.

Answer 17

time and labor

Question 18

Rule 1.5(a) The factors to be considered in determining the reasonableness of a fee include the following:
1. The _______ and _______ required, the ________ and ________ of the questions involved, and the skill requisite to perform the legal service properly.
2.
3.
4.
5.
6.
7.
8.

Answer 18

time and labor

novelty and difficultly

Question 19

Rule 1.5(a) The factors to be considered in determining the reasonableness of a fee include the following:
1. The _______ and _______ required, the _________ and ________ of the _______ _______, and the skill requisite to perform the legal service properly.
2.
3.
4.
5.
6.
7.
8.

Answer 19

Time and labor

novelty and difficulty

questions involved

Question 20

Rule 1.5(a) The factors to be considered in determining the reasonableness of a fee include the following:
1. The _______ and _______ required, the _________ and ________ of the _______ _______, and the ______ ________ to perform the legal service properly.
2.
3.
4.
5.
6.
7.
8.

Answer 20

skill requisite

Question 21

Rule 1.5(a) The factors to be considered in determining the reasonableness of a fee include the following:
1. ?
2.
3.
4.
5.
6.
7.
8.

Answer 21

1. The time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal services properly.

Question 22

Rule 1.5(a) The factors to be considered in determining the reasonableness of a fee include the following:
1.
2. The _________ if apparent to the client that the acceptance of the particular employment will preclude other employment by the lawyer.
3.
4.
5.
6.
7.
8.

Answer 22

likelihood

Question 23

Rule 1.5(a) The factors to be considered in determining the reasonableness of a fee include the following:
1.
2. The _________ if ________ to the ______ that the acceptance of the particular employment will preclude other employment by the lawyer.
3.
4.
5.
6.
7.
8.

Answer 23

likelihood

apparent

client

Question 24

Rule 1.5(a) The factors to be considered in determining the reasonableness of a fee include the following:
1.
2. The _________ if __________ to the ________ that the _________ of the particular employment will preclude other employment by the lawyer.
3.
4.
5.
6.
7.
8.

Answer 24

likelihood

apparent

client

acceptance

Question 25

Rule 1.5(a) The factors to be considered in determining the reasonableness of a fee include the following: 1. 2. The _________ if __________ to the ________ that the _________ of the ________ __________ will preclude other employment by the lawyer. 3. 4. 5. 6. 7. 8.

Answer 25

likelihood apparent client acceptance particular employment

Question 26

Rule 1.5(a) The factors to be considered in determining the reasonableness of a fee include the following: 1. 2. The _________ if __________ to the ________ that the _________ of the ________ __________ will ______ ____ _______ by the lawyer. 3. 4. 5. 6. 7. 8.

Answer 26

likelihood apparent client acceptance particular employment preclude other employment

Question 27

Rule 1.5(a) The factors to be considered in determining the reasonableness of a fee include the following: 1. 2. ? 3. 4. 5. 6. 7. 8.

Answer 27

The likelihood if apparent to the client that the acceptance of the particular employment will preclude other employment by the lawyer.

Question 28

Rule 1.5(a) The factors to be considered in determining the reasonableness of a fee include the following: 1. 2. 3. The _______ customarily charged in the locality for similar legal services. 4. 5. 6. 7. 8.

Answer 28

fee

Question 29

Rule 1.5(a) The factors to be considered in determining the reasonableness of a fee include the following: 1. 2. 3. The _______ _______ ________ in the locality for similar legal services. 4. 5. 6. 7. 8.

Answer 29

fee customarily charged

Question 30

Rule 1.5(a) The factors to be considered in determining the reasonableness of a fee include the following: 1. 2. 3. The _______ _______ ________ in the _______ for similar legal services. 4. 5. 6. 7. 8.

Answer 30

fee customarily charged locality

Question 31

Rule 1.5(a) The factors to be considered in determining the reasonableness of a fee include the following: 1. 2. 3. ? 4. 5. 6. 7. 8.

Answer 31

3. The fee customarily charged in the locality for similar legal services.

Question 32

Rule 1.5(a) The factors to be considered in determining the reasonableness of a fee include the following: 1. 2. 3. 4. The _______ _______ and the results obtained 5. 6. 7. 8.

Answer 32

amount involved

Question 33

Rule 1.5(a) The factors to be considered in determining the reasonableness of a fee include the following: 1. 2. 3. 4. The _______ _______ and the ______ _______. 5. 6. 7. 8.

Answer 33

amounts involved results obtained

Question 34

Rule 1.5(a) The factors to be considered in determining the reasonableness of a fee include the following: 1. 2. 3. 4. ? 5. 6. 7. 8.

Answer 34

4. The amounts involved and the results obtained

Question 35

Rule 1.5(a) The factors to be considered in determining the reasonableness of a fee include the following: 1. 2. 3. 4. 5. The ____ _______ imposed by the client or by the circumstances. 6. 7. 8.

Answer 35

time limitations

Question 36

Rule 1.5(a) The factors to be considered in determining the reasonableness of a fee include the following: 1. 2. 3. 4. 5. The ____ _______ imposed by the _______ or by the circumstances. 6. 7. 8.

Answer 36

time limitations client

Question 37

Rule 1.5(a) The factors to be considered in determining the reasonableness of a fee include the following: 1. 2. 3. 4. 5. The ____ _______ imposed by the _______ or by the __________. 6. 7. 8.

Answer 37

time limitations client circumstances

Question 38

Rule 1.5(a) The factors to be considered in determining the reasonableness of a fee include the following: 1. 2. 3. 4. 5. ? 6. 7. 8.

Answer 38

5. The time limitations imposed by the client or by the circumstances

Question 39

Rule 1.5(a) The factors to be considered in determining the reasonableness of a fee include the following: 1. 2. 3. 4. 5. 6. The _______ and _______ of the professional relationship with the client. 7. 8.

Answer 39

nature and length

Question 40

Rule 1.5(a) The factors to be considered in determining the reasonableness of a fee include the following: 1. 2. 3. 4. 5. 6. The nature and length of the ________ ________ with the client. 7. 8.

Answer 40

professional relationship

Question 41

Rule 1.5(a) The factors to be considered in determining the reasonableness of a fee include the following: 1. 2. 3. 4. 5. 6. ? 7. 8.

Answer 41

The nature and length of the professional relationship with the client.

Question 42

Rule 1.5(a) The factors to be considered in determining the reasonableness of a fee include the following: 1. 2. 3. 4. 5. 6. 7. The _______, _______, and _______ of the lawyer or lawyers performing the services and 8.

Answer 42

experience, reputation, and ability

Question 43

Rule 1.5(a) The factors to be considered in determining the reasonableness of a fee include the following: 1. 2. 3. 4. 5. 6. 7. The experience, reputation, and ability of the ______ or _______ performing the services and 8.

Answer 43

lawyer or lawyers

Question 44

Rule 1.5(a) The factors to be considered in determining the reasonableness of a fee include the following: 1. 2. 3. 4. 5. 6. 7. ? 8.

Answer 44

7. The experience, reputation, and ability of the lawyer or lawyers performing the services and

Question 45

Rule 1.5(a) The factors to be considered in determining the reasonableness of a fee include the following: 1. 2. 3. 4. 5. 6. 7. 8. ?

Answer 45

8. Whether the fee is fixed or contingent

Question 46

New legal concept will take a little longer. Taking a risk if pushing back on an established law. What does this refer to?

Answer 46

Novelty

Question 47

The more it pulls you out the more you can charge. What does this refer to?

Answer 47

Precluding other employment t

Question 48

________ is risker for the lawyer.

Answer 48

contingent

Question 49

______ and _______ required is talking about how long it would take a reasonable attorney (objective standard) NOT subjective hiring someone who has never done a divorce before.

Answer 49

Time and Labor

Question 50

Time and Labor required is talking about how long it would take a reasonable attorney (______ ______) NOT _________ hiring someone who has never done a divorce before.

Answer 50

objective standard subjective

Question 51

Rule 1.5(b) Fees - this rule is known as the ________ rule.

Answer 51

transparency

Question 52

Rule 1.5(b) The scope of the representation and the basis or rate of the fee and expenses for which the client will be responsible shall be __________ to the client, ________ ___ _______, before or within a reasonable time after commencing the representation, except when the lawyer will charge a regularly represented client on the same basis or rate.

Answer 52

communicated preferably in writing

Question 53

The scope of the representation and the basis or rate of the fee and expenses for which the client will be responsible shall be communicated to the client, preferably in writing, ________ or ____________________________________, except when the lawyer will charge a regularly represented client on the same basis or rate.

Answer 53

before or within a reasonable time after commencing the representation

Question 54

The scope of the representation and the basis or rate of the fee and expenses for which the client will be responsible shall be communicated to the client, preferably in writing, before or within a reasonable time after commencing the representation, except when the lawyer will charge a __________ _______ _______ on the same basis or rate.

Answer 54

regularly represented client

Question 55

Inform the client on the front end. If _____ start to balloon out of proportion, you have to check in with the client and don’t them be surprised.

Answer 55

fees

Question 56

Best practice is to put it in writing, but no record or paper trial is fine. You could send them a text or call them just do it in a reasonable time after commencing the representation that you let them know what the _______ is.

Answer 56

rate

Question 57

Does the scope of the representation and the basis or rate of the fee and expenses for which the client will be responsible have to be in writing?

Answer 57

NO BUT best practice is to put it in writing

Question 58

Contingency Fee Rule 1.5(c) MUST: 1. ? 2. 3. 4. 5.

Answer 58

1. Be in writing

Question 59

Contingency Fee Rule 1.5(c) MUST: 1. 2. ? 3. 4. 5.

Answer 59

2. Signed by the client

Question 60

Contingency Fee Rule 1.5(c) MUST: 1. 2. 3. ? 4. 5.

Answer 60

3. at conclusion of the case, the lawyer must give the client a written statement showing the outcome of the case, the remittance to the client, and how the remittance was calculated

Question 61

Contingency Fee Rule 1.5(c) MUST: 1. 2. 3. 4. ? 5.

Answer 61

4. reasonable

Question 62

Contingency Fee Rule 1.5(c) MUST: 1. 2. 3. 4. 5. ?

Answer 62

At the conclusion of the matter, the lawyer shall provide a settlement statement.

Question 63

Contingency Fee Rule 1.5(c) Include in the signed letter 1. How the ______ is to be calculated, including the percentage that the lawyer will get if the case is settled before trial, won after trial, or won after appeal. 2. 3. 4.

Answer 63

fee

Question 64

Contingency Fee Rule 1.5(c) Include in the signed letter 1. How the fee is to be ________, including the percentage that the lawyer will get if the case is settled before trial, won after trial, or won after appeal. 2. 3. 4.

Answer 64

calculated

Question 65

Contingency Fee Rule 1.5(c) Include in the signed letter: 1. How the _____ is to be ________, including the ________ that the lawyer will get if the case is settled before trial, won after trial, or won after appeal. 2. 3. 4.

Answer 65

fee calculated percentage

Question 66

Contingency Fee Rule 1.5(c) Include in the signed letter: 1. How the fee is to be calculated including the percentage that the lawyer will get if the case is _______ ____ ______, won after trial, or won after appeal. 2. 3. 4.

Answer 66

settled before trial

Question 67

Contingency Fee Rule 1.5(c) Include in the signed letter: 1. How the fee is to be calculated including the percentage that the lawyer will get if the case is settled before trial, _____ _____ ____, or won ______ ______. 2. 3. 4.

Answer 67

won after trial after appeal

Question 68

Contingency Fee Rule 1.5(c) Include in the signed letter: 1. ? 2. 3. 4.

Answer 68

How the fee is calculated including the percentage that the lawyer will get if the case is settled before trial, won after trial, or won after appeal

Question 69

Contingency Fee Rule 1.5(c) Include in the singed letter: 1. 2. What _______ and other expenses are to be deducted from the recovery. 3. 4.

Answer 69

litigation

Question 70

Contingency Fee Rule 1.5(c) Include in the signed letter: 1. 2. What _______ and ______ _______ are to be deducted from the recovery. 3. 4.

Answer 70

litigation and other expenses

Question 71

Contingency Fee Rule 1.5(c) Include in the signed letter: 1. 2. What litigation and other expenses are to be _________ from the ________. 3. 4.

Answer 71

dedicated from the recovery

Question 72

Contingency Fee Rule 1.5(c) Include in the signed letter: 1. 2. ? 3. 4.

Answer 72

2. What litigation and other expenses are to be deducted from the recovery

Question 73

Contingency Fee Rule 1.5(c) Include in the signed letter: 1. 2. 3. Whether _______ for ________ will be made before or after the contingent fee is calculated and 4.

Answer 73

deductions for expenses

Question 74

Contingency Fee Rule 1.5(c) Include in the signed letter: 1. 2. 3. Whether _______ for ________ will be made ______ ___ ________ the contingent fee is calculated and 4.

Answer 74

deductions for expenses before or after

Question 75

Contingency Fee Rule 1.5(c) Include in the signed letter: 1. 2. 3. Whether _______ for ________ will be made before or after the _______ _____ ____ _______ and 4.

Answer 75

deductions for expenses contingent fee is calculated

Question 76

Contingency Fee Rule 1.5(c) Include in the signed letter: 1. 2. 3. ? 4.

Answer 76

3. whether the deductions for expenses will be made before or after the contingent fee is calculated

Question 77

Contingency Fee Rule 1.5(c) Include in the signed letter: 1. 2. 3. 4. What _______ the client must pay, whether or not she wins the case.

Answer 77

expenses

Question 78

Contingency Fee Rule 1.5(c) Include in the signed letter: 1. 2. 3. 4. ?

Answer 78

What expenses the client must pay whether or not she wins the case

Question 79

__________ ______ is paid when it is all said and done.

Answer 79

Contingency fee

Question 80

___________ _________ are not permitted in *In any domestic relations case (divorce, child custody) when the payment is contingent upon the securing of a divorce or upon the amount of alimony or support, or property settlement in Liew thereof. MRPC 1.5(d)(2) *Criminal Cases. MRPC 1.5(d)(2).

Answer 80

Contingency Fees

Question 81

Contingency fees are not permitted in any _______ ________ case (divorce, child custody) when the payment is contingent upon the securing of a divorce or upon the amount of alimony or support, or property settlement in lieu thereof. MRPC 1.5(d)(2)

Answer 81

domestic relations

Question 82

Contingency fees are not permitted in any domestic relations case (________, _____ ______) when the payment is contingent upon the securing of a divorce or upon the amount of alimony or support, or property settlement in lieu thereof. MRPC 1.5(d)(2)

Answer 82

divorce, child custody

Question 83

Contingency fees are not permitted in any domestic relations case (divorce, child custody) when the ________ is _________ upon the securing of a divorce or upon the amount of alimony or support, or property settlement in lieu thereof. MRPC 1.5(d)(2)

Answer 83

payment is contingent

Question 84

Contingency fees are not permitted in any domestic relations case (divorce, child custody) when the payment is contingent upon the securing of a ______ or upon the amount of ______ or _______, or property settlement in lieu thereof. MRPC 1.5(d)(2).

Answer 84

divorce alimony or support

Question 85

Contingency fees are not permitted in any domestic relations case (divorce, child custody) when the payment is contingent upon the securing of a divorce or upon the amount of alimony or support, or ______ _______ in lieu thereof. MRPC 1.5(d)(2).

Answer 85

property settlement

Question 86

Contingency fees are not permitted in _________ _______. MRPC 1.5(d)(2).

Answer 86

criminal cases

Question 87

______ _______ are okay in criminal cases.

Answer 87

flat fees

Question 88

Domestic case– ____ ______ are not a good idea. (unless it is uncontested) However, things could change – be clear in the engagement letter the moment it gets wild we re-evaluate the fee. As long as we have reasonable informed consent- you don’t get locked in.

Answer 88

flat fees

Question 89

We have a policy against ________ _______ in domestic relations cases because we find that it encourages the defiling of the family unit and we do not want to encourage anything discourages the family unit.

Answer 89

contingency fees

Question 90

For criminal we don’t want to make the payment contingent on ______ or _________.

Answer 90

guilt or innocence

Question 91

__________ _______ * Never bill for work not performed * Do not bill an impossible number of hours * Do not “double bill” * Do not “churn the file”

Answer 91

Fraudulent Fees

Question 92

Fraudulent Fees * ? * * *

Answer 92

never bill for work not performed

Question 93

Fraudulent Fees * * ? * *

Answer 93

Do not bill an impossible number of hours

Question 94

Fraudulent Fees * * * ? *

Answer 94

Do not double bill

Question 95

Fraudulent Fees * * * * ?

Answer 95

Do not churn the file

Question 96

If just sitting in the car heading somewhere, you can bill the client for that. If working for another client while in the car you can only charge that client. You cannot bill both of them. !!

Answer 96

!!