Attorney's Fees Flashcards
What are the four main kinds of fees?
Hourly, Flat, Contingent, Proportional
Reasonableness of a Fee Factors
(1) the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly;
(2) the likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer;
(3) the fee customarily charged in the locality for similar legal services;
(4) the amount involved and the results obtained;
(5) the time limitations imposed by the client or by the circumstances;
(6) the nature and length of the professional relationship with the client;
(7) the experience, reputation, and ability of the lawyer or lawyers performing the services; and
(8) whether the fee is fixed or contingent.
Literary and Media Rights
“Prior to the conclusion of representation of a client, a lawyer shall not make or negotiate an agreement giving the lawyer literary or media rights to a portrayal or account based in substantial part on information relating to the representation.”
* This is a conflict of interest
Do Fee agreements for other fee arrangements need to be in writing?
No, but preferably.
Does a contingent fee agreement need to be in writing?
Yes.
Where are contingent fees prohibited?
Domestic and criminal cases.
When is a division of fees for attorneys at different firms okay?
Division of fees at different firms OK if (1.) division is in proportion to the services performed by each lawyer or each lawyer assumes joint responsibility for the representation; (2.) client agrees to the arrangement, including the share each lawyer will receive, and the agreement will be confirmed in writing; AND (3.) total fee is reasonable.
Can you share legal fees with a non-lawyer?
No sharing legal fees with non-lawyers except payment to lawyer’s estate; payment after sale of law firm to estate or representative; compensation or retirement plan to employees, even if based in profit-sharing; and court-awarded fees to non-profit that employed or recommended lawyer
Information about Legal Services (Advertising)
can’t pay for a referral EXCEPT for a legal service plan, non-profit or qualified lawyer referral service OR a reciprocal referral arrangement that is not exclusive and client is informed of it.
A lawyer shall not compensate, give, or promise anything of value to a person for recommending the lawyer’s services except that a lawyer may:. . .(2) pay the usual charges of a legal service plan or a not-for-profit or qualified lawyer referral service;. . .(4) refer clients to another lawyer or a nonlawyer professional pursuant to an agreement not otherwise prohibited under these Rules that provides for the other person to refer clients or customers to the lawyer, if(i) the reciprocal referral agreement is not exclusive, and(ii) the client is informed of the existence and nature of the agreement.
