All About the Benjamins
A prepayment for future legal services made to an attorney at the beginning of the representation. As the lawyer works on the case, the advance is being earned.
What is an advance?
A dishonest billing practice that involves one exaggerating the time spent working on a client's case.
A predetermined fee that covers all of the lawyer's efforts in services rendered for a particular client matter.
What is a fixed fee?
A lawyer shall not make an agreement for charge or collect an unreasonable fee or an unreasonable amount for expenses.
What is Model Rule 1.5 (Ethics 2000 version)?
A tortuous act that involves one exercising authority over another's property, to the deprivation of, and with out the permission of the innocent party. This occurs when a lawyer uses a client's money as his own.
What is conversion?
The unlawful mixing of one person's money with another person's money in the same account.
What is commingling?
Expenses related to preparation before the case, as well as expenses that come up along the way during trial.
What are litigation costs?
What is an hourly rate?
What is an unreasonable legal fee?
What is a contingent fee?
A fee paid to a lawyer that is paid only if the lawyer succeeds in recovering a settlement or judgment for a client. It is based on a percentage of what the client obtains.
What is a contingency fee?
A dishonest billing practice that involves billing two clients for the same time.
What is double billing?
A type of fee that involves the lawyer being paid a percentage of what the lawyer saves the client from losing, as opposed to a percentage of what the lawyer obtains for the client.
What is a reverse contingent fee?
Requires the lawyer communicate to the client the scope of representation, the basis for the fee and expenses the client will have to pay, preferably in writing.
What is Model Rule 1.5(b)?
A payment that may not be used in cases that are based upon the securing of a divorce or upon the amount of alimony or support or property settlement according to MR 1.5(d)(1). The model code says this payment arrangement is rarely justified.
What is a contingent fee?
A payment made to an attorney that is made to secure the lawyer's availability.
What is a retainer?
Legal services provided to a client free of charge, or at a reduced rate.
What is pro bono?
Generalized views about the American culture or ideals upon which specific laws are made.
What is public policy?
Expenses that are associated with representation such as expert witness fees, medical exams, and discovery expenses.
What is a cost?
Paralegal work that is legal in nature and supervised.
What are (possibly) recoverable paralegal fees?
A special bank account where the property of the client is held and maintained by the attorney.
What is a trust account?
A partner in law firm who is a shareholder, having voting rights.
What is an equity partner?
A payment rate that is the average of the higher and lower rates at the firm.
What is a blended rate?
Money paid by a client for what the lawyer's and paralegal's time and efforts are worth.
What are fees?
The key rules that govern legal fees.
What are Model Rules' Rule 1.5 and Model Code's Rule DR 2-106.