compensation for legal services

Question 1

how much can a lawyer charge as a fee

Answer 1

lawyer’s fee must be reasonable

Question 2

general rule of fee agreements

Answer 2

fee agreements must be adequately explained to the client

unless lawyer regularly reps client, lawyer must explain before or within reasonable time after commencing a representation, the basis or rate of the fee and expenses for which client will be responsible

does not have to be in writing (unless contingent fee)

Question 3

rule of contingent fees

Answer 3

must be reasonable

must be reasonable to use contingent fees in the case

fee agreement must be in writing and must disclose …
(1) how fee will be calculated
(2) expenses that will be deducted from recovery
(3) whether expenses will be deducted before or after the fee is calculated

lawyer must give client a written statement of the case’s outcome

Question 4

discharge of lawyer on contingency

Answer 4

discharged lawyer may be entitled to reasonable value of services performed up to the time of discharge but the claim generally does not arise till contingency comes to pass

Question 5

when are contingent fees prohibited

Answer 5

(1) defending client in criminal case

(2) representing a client in domestic relations case … except in very rare instances

“very rare instances”
(a) rep involves collecting already determined award or set
(b) parties are divorced with no realistic prospects for reconciliation
(c) children are adults and legal services won’t affect relationship with noncustodial parent
(4) client is indigent and wouldn’t be able to obtain counsel for hourly fee
and
(5) fee arrangement is fair and reasonable under the circumstances