7 Flashcards
Fee and Safekeeping Property
You are a fiduciary
1. ?
2.
3.
- Charging the client a fee
Fee and Safekeeping Property
You are a fiduciary
1.
2. ?
3.
- Handling client funds and property
Fee and Safekeeping Property
You are a fiduciary
1.
2.
3. ?
- Withdrawing from the case
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.
fee
Anything the client gives you, including bank documents, text messages, old phone, all of their property you have to keep ________ from your own.
separate
Rule 1.5(a) Fees
A lawyer ____ ______ make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount for expenses.
shall not
Rule 1.5(a) Fees
A lawyer shall not make an agreement for, charge, or collect an _________ _____ or an _________ amount for ________.
unreasonable fee
unreasonable
expenses
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.
unreasonable
You can charge a client for ________ copying fees OR make it overhead expenses.
reasonable
Can you break up the cost of Lexis and charge the client or make it overhead expenses?
Yes
Can you divide the cost of rent?
NO, dividing the cost of rent is not reasonable.
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 ____________.
reasonable
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.
reimbursement
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.
cost of services
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.
telephone charges
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.
agreed in advance
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.
time and labor
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.
time and labor
novelty and difficultly
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.
Time and labor
novelty and difficulty
questions involved
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.
skill requisite
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.
- The time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal services properly.
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.
likelihood
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.
likelihood
apparent
client
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.
likelihood
apparent
client
acceptance
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.
likelihood
apparent
client
acceptance
particular employment
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.
likelihood
apparent
client
acceptance
particular employment
preclude other employment
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.
The likelihood if apparent to the client that the acceptance of the particular employment will preclude other employment by the lawyer.
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.
fee
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.
fee customarily charged
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.
fee customarily charged
locality
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.
- The fee customarily charged in the locality for similar legal services.
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.
amount involved
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.
amounts involved
results obtained
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.
- The amounts involved and the results obtained
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.
time limitations
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.
time limitations
client
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.
time limitations
client
circumstances
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.
- The time limitations imposed by the client or by the circumstances
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.
nature and length
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.
professional relationship
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.
The nature and length of the professional relationship with the client.
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.
experience, reputation, and ability
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.
lawyer or lawyers
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.
- The experience, reputation, and ability of the lawyer or lawyers performing the services and
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. ?
- Whether the fee is fixed or contingent
New legal concept will take a little longer. Taking a risk if pushing back on an established law. What does this refer to?
Novelty
The more it pulls you out the more you can charge. What does this refer to?
Precluding other employment t
________ is risker for the lawyer.
contingent
______ 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.
Time and Labor
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.
objective standard
subjective
Rule 1.5(b) Fees - this rule is known as the ________ rule.
transparency
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.
communicated
preferably in writing
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.
before or within a reasonable time after commencing the representation
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.
regularly represented client
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.
fees
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.
rate
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?
NO BUT best practice is to put it in writing
Contingency Fee Rule 1.5(c)
MUST:
1. ?
2.
3.
4.
5.
- Be in writing
Contingency Fee Rule 1.5(c)
MUST:
1.
2. ?
3.
4.
5.
- Signed by the client
Contingency Fee Rule 1.5(c)
MUST:
1.
2.
3. ?
4.
5.
- 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
Contingency Fee Rule 1.5(c)
MUST:
1.
2.
3.
4. ?
5.
- reasonable
Contingency Fee Rule 1.5(c)
MUST:
1.
2.
3.
4.
5. ?
At the conclusion of the matter, the lawyer shall provide a settlement statement.
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.
fee
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.
calculated
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.
fee
calculated
percentage
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.
settled before trial
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.
won after trial
after appeal
Contingency Fee Rule 1.5(c)
Include in the signed letter:
1. ?
2.
3.
4.
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
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.
litigation
Contingency Fee Rule 1.5(c)
Include in the signed letter:
1.
2. What _______ and ______ _______ are to be deducted from the recovery.
3.
4.
litigation and other expenses
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.
dedicated from the recovery
Contingency Fee Rule 1.5(c)
Include in the signed letter:
1.
2. ?
3.
4.
- What litigation and other expenses are to be deducted from the recovery
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.
deductions for expenses
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.
deductions for expenses
before or after
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.
deductions for expenses
contingent fee is calculated
Contingency Fee Rule 1.5(c)
Include in the signed letter:
1.
2.
3. ?
4.
- whether the deductions for expenses will be made before or after the contingent fee is calculated
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.
expenses
Contingency Fee Rule 1.5(c)
Include in the signed letter:
1.
2.
3.
4. ?
What expenses the client must pay whether or not she wins the case
__________ ______ is paid when it is all said and done.
Contingency fee
___________ _________ 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).
Contingency Fees
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)
domestic relations
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)
divorce, child custody
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)
payment is contingent
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).
divorce
alimony or support
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).
property settlement
Contingency fees are not permitted in _________ _______. MRPC 1.5(d)(2).
criminal cases
______ _______ are okay in criminal cases.
flat fees
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.
flat fees
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.
contingency fees
For criminal we don’t want to make the payment contingent on ______ or _________.
guilt or innocence
__________ _______
* Never bill for work not performed
* Do not bill an impossible number of hours
* Do not “double bill”
* Do not “churn the file”
Fraudulent Fees
Fraudulent Fees
* ?
*
*
*
never bill for work not performed
Fraudulent Fees
*
* ?
*
*
Do not bill an impossible number of hours
Fraudulent Fees
*
*
* ?
*
Do not double bill
Fraudulent Fees
*
*
*
* ?
Do not churn the file
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. !!
!!
