Podcast
Questions and Answers
Which factor is NOT considered when determining the reasonableness of a fee?
Which factor is NOT considered when determining the reasonableness of a fee?
- The fee customarily charged in the locality
- The experience of the client (correct)
- The nature and length of the professional relationship
- The time and labor required
What must a lawyer do before charging a fee to a client?
What must a lawyer do before charging a fee to a client?
- Communicate the scope of representation and basis of fee (correct)
- Charge a standard fee regardless of complexity
- Have the client sign a waiver of responsibility
- Obtain a license from the state
In what scenario is a contingent fee agreement prohibited?
In what scenario is a contingent fee agreement prohibited?
- In divorce cases
- In personal injury cases
- In employment disputes
- In criminal defense cases (correct)
Which is a required component of a contingent fee agreement?
Which is a required component of a contingent fee agreement?
How should a lawyer inform a client of any changes to the fee structure?
How should a lawyer inform a client of any changes to the fee structure?
What does not have to be included in a written statement provided to the client at the conclusion of a contingent fee matter?
What does not have to be included in a written statement provided to the client at the conclusion of a contingent fee matter?
Which of the following is considered an unreasonable fee?
Which of the following is considered an unreasonable fee?
Which factor is NOT considered when a lawyer evaluates the fee for their service?
Which factor is NOT considered when a lawyer evaluates the fee for their service?
Study Notes
Unreasonable Fees
- Lawyers cannot charge or collect unreasonable fees or expenses.
- Determining reasonableness considers factors like time, labor, skill, and experience.
- Fees must be communicated to the client in writing before or after representation begins, unless the client is a regularly represented client.
- Changes in fees must be communicated to the client.
Contingent Fees
- Fees can be contingent on the outcome of the matter, except in cases prohibited by law.
- Contingent fee agreements require a written client signature and must detail fee calculation, expenses, and liability.
- Upon conclusion, a written statement summarizing the outcome, remittance, and calculation method must be provided to the client.
Prohibited Contingent Fees
- Contingent fees are prohibited in domestic relations matters for securing divorce, alimony, support, or property settlement.
- Contingent fees are also prohibited in criminal cases for representing defendants.
Fee Division
- Division of fees between lawyers not in the same firm is permitted if:
- The division is proportionate to services performed or both lawyers assume joint responsibility.
- The client consents in writing, including the agreed share for each lawyer.
- The total fee is reasonable.
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Description
Explore the rules surrounding legal fees and contingent fees with this quiz. Learn about what constitutes unreasonable fees, the requirements for contingent fee agreements, and the exceptions where such fees are prohibited. Test your knowledge of how legal professionals must communicate fees and the applicable regulations.
