Sorted by Commenter - Ethics - State of California

ABA Model Rule
Rule 1.5 Fees
(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;
Commission’s Proposed Rule *
Rule 1.5 Fees for Legal Services
(c) Among the factors to be considered, where
appropriate, in determining the conscionability of
a fee or in-house expense are the following:
(1) the amount of the fee or in-house expense
in proportion to the value of the services
performed;
(2) the relative sophistication of the lawyer and
the client;
(13) the time and labor required, the novelty and
difficulty of the questions involved, and the
skill requisite to perform the legal service
properly;
(24) the likelihood, if apparent to the client, that
the acceptance of the particular employment
will preclude other employment by the
lawyer;
Explanation of Changes to the ABA Model Rule
Paragraph (c) is based on the second sentence and
subparagraphs of Model Rule 1.5(a), revised by substituting the
recommended “unconscionable” standard.
Subparagraph (1) has no counterpart in the Model Rule. Carried
forward from current rule 4-200(B)(1), subparagraph (1)
recognizes that a lawyer should assess the costs and benefits of
the lawyer’s services in determining what tasks to perform.
Subparagraph (2) has no counterpart in the Model Rule. Carried
forward from current rule 4-200(B)(2), subparagraph (1)
recognizes that the experience of a client in using legal services
can be relevant in determining the conscionability of a fee.
Subparagraph (3) is identical to Model Rule 1.5(a)(1), except that
the phrase “the time and labor required” has been given status as
a separate factor for consideration. See subparagraph (10).
Subparagraph (4) is identical to Model Rule 1.5(a)(2).
RRC - 4-200 1-5 - Compare - Rule Comment Explanation - DFT5 1 (02-08-10)KEM-ML-RD-KEM.doc {Note: Green/Italic text in the middle column indicates Model Rule text that has been moved rather than stricken.}
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