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(d) representation where the attorney is admitted to practice in another jurisdiction and maintains no office in the State of New York, or where no material portion of the services are to be rendered in New York. North Carolina: Rule 1.5(a) forbids a “clearly excessive fee” but otherwise substantially tracks ABA Model Rule 1.5(a). North Carolina adds Rule 1.5(f), which provides as follows: (f) Any lawyer having a dispute with a client regarding a fee for legal services must: (1) make reasonable efforts to advise his or her client of the existence of the North Carolina State Bars program of fee dispute resolution at least 30 days prior to initiating legal proceedings to collect the disputed fee; and (2) participate in good faith in the fee dispute resolution process if the client submits a proper request. Ohio: Rule 1.5(b) requires fee agreements to be in writing unless the lawyer has “regularly represented” the client and is charging on the same basis or the fee is $500 or less. Any change in the basis of a fee previously communicated must be “promptly communicated to the client in writing.” Rule 1.5(e), in permitting division of fees, does not require that the client be informed of the amount each lawyer is receiving. Oregon: Among other variations, Rule 1.5(d) permits a division of fees between lawyers in different firms if “(1) the client gives informed consent to the fact that there will be a division of fees, and (2) the total fee of the lawyers for all legal services they rendered the client is not clearly excessive.” Pennsylvania: Rule 1.5(a) prohibits an “illegal or clearly excessive fee” (rather than an “unreasonable” one) and makes no reference to expenses. Rule 1.5(b) requires a fee agreement to be “in writing” if a lawyer has not “regularly” represented a client. Pennsylvania Rule 1.5(e) requires only that “(1) the client is advised of and does not object to the participation of an the lawyers involved, and (2) the total fee of the lawyers is not illegal or clearly excessive….” Rhode Island: Rule 1.5(b) provides that if a lawyer has not regularly represented a client, the basis or rate of the fee “shall be communicated to the client in writing.” The same rule requires lawyers to send quarterly bills unless the client agrees to a different billing schedule or the fee is fixed or contingent. South Carolina: Rule 1.5(d)(1) expressly permits a lawyer to charge a contingency fee “in collection of past due alimony or child support.” Texas: Rule 1.04(a) forbids “illegal” or “unconscionable” fees and lists the same considerations as in ABA Model Rule 1.5. The Texas Rules do not forbid contingent fees in family law matters but the Comment says they are “rarely justified.” Rule 1.04(f), which governs the division of fees between lawyers in different firms, generally parallels ABA Model Rule 1.5(e) but requires client consent “in writing to the terms of the arrangement prior to the time of the association or referral proposed...” Virginia: Rule 1.5(b) provides in part: “The lawyer's fee shall be adequately explained to the client.” Rule 1.5(d)(1) forbids contingent fees in “a domestic relations matter, except in rare instances.” Comment 3a says that those rare instances include situations where “the parties are divorced and reconciliation is not a realistic prospect.” Rule 1.5(e) requires full disclosure to the client when lawyers are dividing a fee. The “terms of the division of the fee” must be “disclosed to the client,” the client must consent, the total fee must be reasonable, and the fee division and client consent must be Copyright © 2009, Stephen Gillers, Roy D. Simon, Andrew M. Perlman. All rights reserved. Reprinted with permission. 250
“obtained in advance of the rendering of legal services.” However, while a writing is said to be preferable, none is required. Wisconsin: Rule 1.5(e) permits lawyers in different firms to divide a fee only if the total fee is reasonable and the lawyers satisfy several other specific requirements. Copyright © 2009, Stephen Gillers, Roy D. Simon, Andrew M. Perlman. All rights reserved. Reprinted with permission. 251
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STROOCK April 2, 2010 Michael F. Pe
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MORTIMER L. LASKI' KENNETH G. GORDO
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Mr. Howard Miller April 8 , 2010 Pa
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unaware 2 of this new rule or that
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arrangement, has always been subjec
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meeting reflects that there was no
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II. ANAL YSIS OF THE SUBSTANTIVE PR
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Responsibility and Conduct 10 They
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agreed hourly or by an whether the
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" " On , Paragraph flat fees" as th
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arrangement with the inclusion of a
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agreement, that result in the refun
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the Commission s proposed paragraph
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true if the fee anything but an abs
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Restraining orders, fee forfeitures
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fee is "the lawyer s property on re
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Under the revised Proposal, the fee
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Similarly, the accepts one case tha
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minimum fee that is a payments or a
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Champion (May 2004); Tarlow Fee For
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July 10, 2007 Memo from the Board o
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the work has been completed and aft
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BIOGRAPHY Page scholar " the "ultim
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Date: April 22, 2008 MEMORANDUM To:
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Sorted by Commenter - Ethics - State of California

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