We think of ourselves as the guardians and protectors of our clients. We will not let a court or an opponent abuse or take advantage of our client. We go the extra mile for our client when the chips are down. The wise lawyer will go the extra mile at the intake interview, not just for the client, but for herself or himself.
This involves using a fee arrangements checklist to prompt the lawyer to discuss every material part of the fee agreement. It means using a billing practices handout explaining the billing process and schedule. The materials and the intake interview should include such things as:
Contingency fee percentage and what the percentage attaches to.
Flat fee — what is the fee and precisely what must be done for it.
Hourly fees — each rate to be charged, notice when rates are to be raised.
If staff other than lawyers are to be billed hourly, what services are billed and what are the rates.
How court-awarded fees are handled in terms of who gets what.
What costs are chargeable and reimburseable.
Whether interest is to be charged, how it is computed, grace periods and the like.
How payments are to be applied first (to accrued interest versus to principal).
Who is responsible for the payment of expert witness fees.
On a contingent fee case, if the lawyer is looking to the client for payment if the case goes south. See RPC 1.8(e)(2).
What happens if the client terminates the lawyer on a contingent fee case before substantial performance.
Arbitration — Under the bar opinions, this must be fully discussed. Those lawyers who want to compel arbitration of fee disputes with clients are advised to have a handout that discusses this, with a client acknowledgment on the handout that it was explained.
Fee Disputes — Prevailing party attorneys’ fees. This must be fully explained.
Scope of Engagement — What is the specific scope of engagement. Specify what is and what is not covered.
Retainers versus Deposits. How is a retainer to be used — applied to initial and subsequent bills versus held to cover final bills.
Who owns the case file. See WSBA Formal Opinion # 181.
–Michael Caryl
