Model Rules of Professional Conduct
CLIENT-LAWYER RELATIONSHIP
RULE 1.5 FEES
(a) A lawyer shall
not make an agreement for, charge, or collect an unreasonable
fee or an unreasonable amount for expenses. The factors
to be considered in determining the reasonableness of a
fee include the following:
(1) the time
and labor required, the novelty and difficulty of the
questions involved, and the skill requisite to perform
the legal service properly;
(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 or contingent.
(b) The scope of
the representation and the basis or rate of the fee and
expenses for which the client will be responsible shall
be communicated to the client, preferably in writing, before
or within a reasonable time after commencing the representation,
except when the lawyer will charge a regularly represented
client on the same basis or rate. Any changes in the basis
or rate of the fee or expenses shall also be communicated
to the client.
(c) A fee may be
contingent on the outcome of the matter for which the service
is rendered, except in a matter in which a contingent fee
is prohibited by paragraph (d) or other law. A contingent
fee agreement shall be in a writing signed by the client
and 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;
litigation and other expenses to be deducted from the recovery;
and whether such expenses are to be deducted before or after
the contingent fee is calculated. The agreement must clearly
notify the client of any expenses for which the client will
be liable whether or not the client is the prevailing party.
Upon conclusion of a contingent fee matter, the lawyer shall
provide the client with a written statement stating the
outcome of the matter and, if there is a recovery, showing
the remittance to the client and the method of its determination.
(d) A lawyer shall
not enter into an arrangement for, charge, or collect:
(1) any fee
in a domestic relations matter, the payment or amount
of which is contingent upon the securing of a divorce
or upon the amount of alimony or support, or property
settlement in lieu thereof; or
(2) a contingent
fee for representing a defendant in a criminal case.
(e) A division of
a fee between lawyers who are not in the same firm may be
made only if:
(1) the division
is in proportion to the services performed by each lawyer
or each lawyer assumes joint responsibility for the
representation;
(2) the client
agrees to the arrangement, including the share each
lawyer will receive, and the agreement is confirmed
in writing; and
(3) the total fee is reasonable.
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