![]() ![]() Whether a fee is subject to refund to the client demands particular attention from lawyers. (See Model Rule 1.15.) Even when a fee is deemed earned upon payment (aka, earned upon receipt), it may not preclude those fees from being refundable to the client in certain circumstances. The lawyer withdraws these funds as the fee is earned or expenses are incurred. “security retainer” in Illinois), but in general, a lawyer is required to deposit flat fees and expenses paid into a client trust account in advance for representation. Some states allow a retainer that is earned upon payment (e.g., see “classic retainer” vs. ![]() Ordinarily, fees are earned as work is performed. Instead, lawyers should be mindful of the value their clients are receiving from their legal services. So, in determining a flat-fee pricing model, the starting point need not solely be based on the time it takes to perform the service. How the lawyer gets there or the amount of time it will take is where the reasonableness of the lawyer’s fee comes into play. Clients are hiring lawyers to give them value typically framed in a specific outcome. ![]() Clients are not engaging a lawyer’s services to pay for their time that’s irrelevant to the client. 12-02 (January 2012) examining the reasonableness of an estate planning lawyer charging a percentage fee to handle a probate estate (a percentage fee based solely on the size of the estate without regard to the time expended and the other considerations is inappropriate).Īs in all representations, the lawyer should communicate to the client the services they will perform for the fixed fee. For an example, see Illinois State Bar Association Professional Conduct Advisory Opinion No. The time, effort, efficiency and skill of the work put forth are often determined on a case-by-case basis.
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