Attorney's Fees Flashcards
What is Rule 1.5 regarding attorney’s fees? (re: reasonability)
A lawyer SHALL NOT make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount for expenses.
List the factors to determine the reasonableness of a fee.
- Time and labor required
- Novelty and difficulty of questions
- Skill requisite to perform the legal service
- Apparent likelihood to preclude future employment
- Fee customarily charged in locality
- Amount involved and results obtained
- Time limitations imposed by the client
- Nature and length of professional relationship
- Experience, reputation, and ability of the lawyer
- Whether the fee is fixed or contingent
What must a lawyer communicate to the client regarding fees?
The scope of representation and the basis or rate of the fee and expenses SHALL be communicated, preferably in writing.
What is required for a contingent fee agreement?
It must be in writing signed by the client and state the method of fee determination, including percentages, expenses, and whether expenses are deducted before or after the fee.
True or False: A lawyer can charge a contingent fee in a criminal case.
False.
What conditions must be met for fee division between lawyers not in the same firm?
- Division in proportion to services performed or joint responsibility
- Client agrees to arrangement in writing
- Total fee is reasonable
What must a lawyer disclose when entering into a business transaction with a client?
- Transaction terms must be fair and reasonable
- Terms must be fully disclosed
- Information must be transmitted in writing that can be understood by the client
What financial assistance can a lawyer provide to a client?
- Advance court costs for contingent representation
- Litigation expenses for indigent clients
- Basic living expenses for pro bono clients
Fill in the blank: A lawyer SHALL NOT provide financial assistance to a client in connection with _______.
litigation.
Unless–the client is indigent and the case is pro-bono; OR the client is indigent and the costs are related to the general costs of court expenses
What must happen to non-refundable retainers at the end of representation?
Any advance payment of fee or expense that has not been earned or incurred MUST be refunded.
What limitations are placed on a lawyer regarding liability agreements?
A lawyer SHALL NOT make agreements limiting liability unless the client is independently represented.
What must a lawyer do before settling a claim for liability with an unrepresented client?
Advise the client in writing about seeking independent legal counsel.
