Attorney's Fees

Question 1

Types of possible fee arrangements

Answer 1

• billable
• flat fee
• contingency
• pro bono
• retainer

Question 2

Contingency Fee Arrangement

Answer 2

• cannot be unconscionable
• must provide copy of K
• signed by both parties
• be in writing (rate, orders of operations, any extra costs, not set by law, etc.)

Question 3

M.R. 1.5 - Generally

Answer 3

Reasonableness of a fee

Factors; time/labor required, customary fee amount, results obtained, time limit constraints, etc.

Question 4

M.R. 1.5(e) - Fee Splitting

Answer 4

Fee splitting - generally not allowed to split between attorneys at different firms unless;

1. division is in proportion to services OR each lawyer assumes joint responsibility
2. consent in writing from client
3. total fee is reasonable

Counterpart - Cal 2-200(a)

• same as M.R. 1.5(e) #’s 2 and 3
  2. consent in writing from client
  3. total fee is reasonable

Question 5

Costs and Expenses - Attorney usually pays upfront…

Answer 5

• Taxable Costs (generally granted to prevailing party)

- Expenses (more significant than taxable, courts will not shift)

Question 6

M.R. 1.8(e) - Financial Assistance

Answer 6

cannot provide financial assistance unless;

1. may advance court costs and expenses of litigation
2. may pay court costs and expenses on behalf of an indigent client

Counterpart - Cal 4-210
- same as M.R. 1.8(e) + can advance costs to protect client’s interests

Question 7

M.R. 1.15 - Handling Client’s Money

Answer 7

• prevent commingling
• requires attorneys put client money in trust account (withdraw only fees and expenses and notify client)

Counterpart - Cal 4-100
- same as M.R. 1.15

Question 8

MICRA - Fee limiting statute

Answer 8

• no contingency fees allowed in medical malpractice

- % caps based on recovery