Sorted by Commenter - Ethics - State of California

ABA Model Rule
Rule 1.5 Fees
(b) The scope of the representation and the basis or
rate of the fee and expenses for which the client
will be responsible shall be communicated to the
client, preferably in writing, before or within a
reasonable time after commencing the
representation, except when the lawyer will
charge a regularly represented client on the
same basis or rate. Any changes in the basis or
rate of the fee or expenses shall also be
communicated to the client.
(c) A fee may be contingent on the outcome of the
matter for which the service is rendered, except
in a matter in which a contingent fee is
prohibited by paragraph (d) or other law. A
contingent fee agreement shall be in a writing
signed by the client and shall state the method
by which the fee is to be determined, including
the percentage or percentages that shall accrue
Commission’s Proposed Rule *
Rule 1.5 Fees for Legal Services
(10) the time and labor required;
(11) whether the client gave informed consent to
the fee or in-house expense.
(b) The scope of the representation and the basis or
rate of the fee and expenses for which the client
will be responsible shall be communicated to the
client, preferably in writing, before or within a
reasonable time after commencing the
representation, except when the lawyer will
charge a regularly represented client on the
same basis or rate. Any changes in the basis or
rate of the fee or expenses shall also be
communicated to the client.
(c) A fee may be contingent on the outcome of the
matter for which the service is rendered, except
in a matter in which a contingent fee is
prohibited by paragraph (d) or other law. A
contingent fee agreement shall be in a writing
signed by the client and shall state the method
by which the fee is to be determined, including
the percentage or percentages that shall accrue
Explanation of Changes to the ABA Model Rule
Subparagraph (10) consists of language that has been moved
from Model Rule 1.5(a)(1) and given its own subparagraph.
Subparagraph (11) has no counterpart in the Model Rule. It is
carried forward from current rule 4-200(B)(11), which provides:
“(11) The informed consent of the client to the fee.”
The Commission recommends deletion of Model Rule 1.5(b),
which prescribes what a lawyer is obligated to communicate to a
client about the scope of representation and basis or rate of the
fee. Those requirements are already addressed in Business &
Professions Code § 6148. Under that statute, the client already
has a remedy for a lawyer’s violation of the statute: having the
contract voided. Section 6148(c). The Commission does not
recommend that a violation of section 6147 subject a lawyer to
discipline under this Rule in addition to the remedy provided in the
statute.
The Commission recommends deletion of Model Rule 1.5(c),
which prescribes a lawyer’s duties when the lawyer is retained on
a contingent fee basis. Those requirements are already
addressed in Business & Professions Code § 6147. Under that
statute, the client already has a remedy for a lawyer’s violation of
the statute: having the contract voided. Section 6147(b). The
Commission does not recommend that a violation of section 6147
subject a lawyer to discipline under this Rule in addition to the
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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