Bringing in the fees; how lawyers collect payment is as important as setting the price itself

Article Abstract:

ABA Rule of Professional Conduct 1.5(a) on the reasonableness of attorney fees is discussed, and the method of collection may affect other ethical responsibilities besides the reasonableness of the fee. Confidentiality issues in fee collection, the acceptability of credit card payment, and the cost of collection are among the factors discussed.

Confidential communications, Collection (Accounting), Attorney-client privilege

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Paper trails: tracking fee matters in writing may minimize disputes with clients

Article Abstract:

Lawyers often are paid from client funds they hold, raising the possibility of disputes over the proper amount of payment from these funds. In these cases the lawyer should make a detailed accounting of any distributions, leaving in trust any disputed amounts. Silence from the client does not constitute permission to take any amount even as a partial payment when the total payment is disputed. Even being legally entitled to the disputed client funds is inadequate protection, making unequivocal client agreement necessary.

Clients' funds

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Uncivil temptations; lawyers who indulge in hardball tactics could face suspension, fee reduction or other penalties

Article Abstract:

Violating legal ethics, even in response to another lawyer doing the same, could get an attorney disciplined and result in penalties such as suspension and fee reduction. The Hawaii Supreme Court penalized a lawyer's belligerent behavior in court with suspension for six months in Office of Disciplinary Counsel v. Breiner. The case used Hawaii Rule of Professional Conduct 3.5(c) to support its ruling.

Standards, Discipline, Legal ethics

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