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15 Cards in this Set

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What does LOCATE R.N. mean under the reasonableness factors?
time Limits - imposed by the client or circumstance
Opportunity cost - likely that by accepting this job will prevent the atty. to accept other jobs (i.e., due to conflict of interest)
Customary fee- what are other local law offices charge for their services
Amout at issue and the results obtained
Time, labor, skill required and novelty and difficulty of the questions involved
Experience, reputation, and ability of lawyer
the nature and length of the attorney-client Relationship.
the Nature of the fee - whether it is fixed or contingent.
If the lawyer has not regularly represented the client -
The fee shall be communicated to the client, preferrably in writing.
Are written agreements regarding fees manadatory for new clients?
no
If it is a contigent fee - should it be in writing?
Yes
Fees must be calculated, litigation and expenses must be deducted from recovery, must determine whether expenses will be deducted before and after? True or False
True
Client must know the acutal expenses and fees? True or False
True
Any uncertainties in an oral agreement between lawyer and client - it will be resolved in favor of the lawyer? True or False
False, it would be in favor of the client
A new client fees must be discussed in upfront? True or False
True
A lawyer can accept fees from a client through:
Credit cards, bank loans and personal notes or real property
Lodestar method means?
a reasonable hours multiplied by reasonable rate - (federal shifting cases and class actions)
May a third-party pay for a client's bill?
Yes, only after client consents after consultation. Third party does not interfere with either the lawyer's exercise of indepedent professional judgment or lawyer-client relationship and client's confidential information is protected
There are two areas of law a lawyer cannot use contigent fees?
a divorce, alimony and child support and in a criminal case
What is the difference between retainer fee and advance fee?
Retainer fee - paid up-front for services over a period of time - need not put into client trust account. It is non-refundable even if the lawyer spends less time on completing the work. Lawyer still can be discharged and some of the fee refunded only under extreme circumstance.
Advance fee - lawyer can only keep what he earned, fee must stay in client trust account until it is earned (can be released in installments)
(note:quantum merit - value of the services - this usually results from the perspective of the client)
Fee splitting?
A lawyer or law firm shall not share legal fees with a non-lawyer. A non-lawyer may be paid on a salary or hourly basis (as long as their income is not tied to fees). Non-lawyer can participate firm-wide compensation or retirment plan even though the plan is baded on a profit sharing arrangement. Pymts may be made to a deceased attorney's estate - by surviving members of the firm. Pymts may be made to the estate or other rep. of a deceased, disabled or disappeared lawyer by a lawyer who purchased his practices. Partners and associates can split fees even if some performed no services for a particular client.
Fee splitting outside the firm?
Two or more lawyers from different firms work together on a case. 1.5(e) permits them to submit a single bill to the client. If the following conditions are met: fee is reasonable. The fee split is in proportion to the services performed by each or some different proportion if each lawyer assumes joint responsibility for the matter. The client agrees to the split in writing that discloses the share each lawyer will receive.
Referral fee - prohibits a lawyer from paying anyone including another lawyer for recommending him or referring a matter to him. Does NOT permit fee splitting with a referring lawyer who neither assumes responsibility for a matter nor does work on the matter.
Reciporal arrangement - referral arrangement another or non-lawyer in which person agrees to refer clients or customers - the arrangement must be exclusive and the lawyers's must be informed of the arrangment as well as the client.