Conflcit between lawyer and client

Question 1

fee issues: applicable law:

Answer 1

contract, discilinary and corut rules, fiduciary principles, statutory law (crim and civil)

Question 2

regulation of fees

Answer 2

fees considered to be a matter of private negotiation, subject to some regs: anti trust law, ethics rules and fidcuiary law

Question 3

MR 1.5 for fees

Answer 3

fees and expenses must be reasonable, scope/fees shall be comm to client, pregerable in writing, within a reasonable time after communticatin rep, changes need to be communicated

Question 4

types of fees

Answer 4

flat/task based, hourly, contigency helps to have fee agreements in writing. include clause about subject to change.

Question 5

beware of mods

Answer 5

consider applicable ethics rules, recognize that mods trigger fiduciary principles, consdier the client realtions consequences of unilateral increases, at the outset of rep take precaution to adress fee increases

Question 6

ethics if hourly billing

Answer 6

increased billable hour requirements impacts: clients, aceess to rep, lawyer productivet, satisfcation

Question 7

need for billing guidelines

Answer 7

helps lawyers, who want to practice ethically

Question 8

aba formal ethics opinion on billing

Answer 8

condemnsdpuble billing and using exepsnes as profit centers.

Question 9

consuquences for improper billing entry

Answer 9

i. Discipline
ii. Criminal liability
iii. Civil liability for negligence
iv. Fee forfeiture