R 1.5 - Fees Flashcards Preview

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Flashcards in R 1.5 - Fees Deck (14)
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1
Q

What shall an attorney not do when making an agreement to charge or collect fees or expenses from a client?

A

The attorney shall not make an agreement to charge or collect unreasonable fees or expenses from the client.

2
Q

What are the factors to determine if a fee is reasonable?

A

The fees will be reasonable if the following factors are present:

  1. the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service property;
  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 of contingent.
3
Q

Must the fee agreement, between the attorney and the client, be in writing?

A

It is not required, but it is preferable.

4
Q

What shall be communicated to the client regarding the attorney’s fees?

A

The attorney shall communicate to the client the scope of representation and the basis or rate of the fee and expenses.

5
Q

When shall the basis or rate of the fee and expenses be communicated to the client by the attorney? When does not have to be communicated?

A

It should be done before or within a reasonable time after commencing the representation. It does not have to be communicated when the client is a regular customer of the attorney.

6
Q

What shall be done if there are any changes in the basis or rate of the fee or expenses?

A

The attorney shall communicate such changes to the client.

7
Q

What requirements must be met for contingency fees?

A

The contingency agreement must be written and signed by the client; shall state the method by which the fee is to be determined (including the percentage or percentages that shall accrue to the lawyer in the event of settlement, trial, or appeal.

Also it must state how the expenses must be deducted; whether after or before the attorney’s fee.

The agreement must also state what expenses the client will be responsible for if the client prevails or not.

The attorney shall provide, in writing, the outcome of the matter and if there was a recovery, then a statement that states as such.

8
Q

In what type of cases is a contingency agreement not proper?

A

A contingency agreement is not proper when the matter involves:
domestic relation matters;
contingent in securing a divorce;
contingent in securing an amount for alimony, child support, or property.

9
Q

When can an attorney divide a fee between attorney that are not in the same firm?

A

When the division is proportionate to the amount that each attorney performed on the matter (the fee could be divided straight down the middle);
when the client agrees to the arrangement, including the share that each attorney will receive;
the client has to agree in writing; and
the total fee is reasonable.

10
Q

May an attorney accept payment in a form that is not currency?

A

Yes, the attorney may accept payment for his service other than currency, so long as the payment is not part of the subject matter of the representation.

11
Q

May an attorney provide legal service to the client up to a certain extent?

A

Yes, so long as it is explained to the client and so long as it is not foreseeable that more extensive services will probably be required.

12
Q

It is okay to make an agreement for the attorney’s services to the extent in which the client’s ability to pay?

A

Yes.

13
Q

Is it okay for an attorney to exploit a fee arrangement based on primarily on hourly charges by using wasteful procedures?

A

No.

14
Q

May an attorney create a contingency agreement in connection to the recovery of a post-judgment of an amount due for child support, alimony, or other financial orders?

A

Yes.

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