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http://www.wsba.org/media/publications/barnews/ethics/feb-99-ethics.htm Ethics And The Law Billing Ethics by Barrie Althoff, WSBA Chief Disciplinary Counsel. Opinions expressed herein are the author's and are not official or unofficial WSBA positions. In three recent lawyer disciplinary opinions, the Washington State Supreme Court has provided important guidance to lawyers about the ethics of fees and billing: In re Discipline of Dann, 136 Wn.2d 67 (1998); In re Discipline of Haskell, 136 Wn.2d 300 (1998); and In re Discipline of Heard, 136 Wn.2d 405 (1998). This article first reviews provisions of the Rules of Professional Conduct (RPCs) that relate to billing and fees,1 and then looks at those three opinions. RPC Provisions Relating to Fees/Billing Fees Must be Reasonable The RPCs set out several requirements relating to fees and billing. The most directly relevant is RPC 1.5. RPC 1.5(a) requires fees to be reasonable and states that the factors to be considered in determining whether a fee is reasonable include: (1) the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly and the terms of the fee agreement between the lawyer and client; (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 in the matter on which legal services are rendered 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 agreement or confirming writing demonstrates that the client had received a reasonable and fair disclosure of material elements of the fee agreement and of the lawyer's billing practices. Full Article: http://www.wsba.org/media/publications/barnews/ethics/feb-99-ethics.htm |
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