Sometimes, an arbitrator is called upon to determine the amount of reasonable fees to be awarded to an attorney. This situation most often comes up when the. Attorney fees cannot be unreasonable under the Model Rules of Professional Conduct (Model Rule) 1.5 (a). The standard of reasonableness states that if the client was able to choose freely and with knowledge of the facts before entering into the contract, and the fees are within the range usually charged by lawyers in similar cases, it is almost certainly reasonable, see Rest.
If a fee does not fall within the range usually charged in the corresponding community, then the burden of persuasion is on the lawyer to establish that the fee is reasonable. Reasonableness factors include the nature of the matter, opportunity costs, local customs, customer stakes, emergencies, repetition of work, reputation, and risk factors. Attorney fees refer to the compensation that attorneys charge for legal services. The cost will vary depending on the lawyer's experience, location, and type of service.
Because attorney fees only cover the time and work of a legal professional, additional fees, such as court costs and administrative expenses, will be additional. If the client's address is unknown, the lawyer must make every reasonable effort to obtain the client's current address. An attorney should only refer a matter to an attorney that the referring attorney reasonably believes is competent to deal with the matter. An attorney may try to renegotiate the fee agreement in light of a change in circumstances or for another justified reason, but may not abandon or threaten to abandon the client to reduce the lawyer's losses or force him to pay additional or higher fees.
The need for a judge to set the fees, and the resulting uncertainty for the client, can generally be avoided if the client and the lawyer sign a contract that sets out the fees and requires the approval of the judge. In the case of lawyers from different firms, a lawyer cannot be compensated for assuming a completely passive role. The ruling also allows the closing attorney to charge the seller for services provided that primarily benefit the seller if they are notified in advance of the charge and have a reasonable opportunity to object to the charge. An attorney can request reimbursement for expenses for internal services, such as copying, or for other expenses incurred internally, such as telephone expenses, either by charging a reasonable amount that the client has agreed in advance or by charging an amount that reasonably reflects the costs incurred by the lawyer. The opinion rules that a provision in a law firm's employment contract to divide legal fees received upon the departure of a lawyer from a firm must be reasonable and cannot penalize or deter a retiring lawyer from taking clients with her.
If an attorney charges you on a contingent basis (you pay only if you win), you may still have to pay court costs regardless of whether you win or lose the case. To determine if a particular contingent fee is clearly excessive or if it is reasonable to charge any type of contingent fee, the attorney must consider factors that are relevant under the circumstances. Once a fee agreement has been reached between the lawyer and the client, the lawyer has an ethical obligation to comply with the contract and represent the client's best interests, regardless of whether the lawyer has reached an unfavorable agreement. The opinion holds that an attorney cannot divide fees with another lawyer who does not practice in his law firm, unless the division is based on the work done by each attorney or the client gives written consent, the fees are reasonable and the responsibility is joint. If part of the attorney's fee is obtained through a special advance, the lawyer must deposit the money in a trust account and transfer the funds to his personal account only as he collects the fees.
To determine if the fees are reasonable, the lawyer cannot rely on the appropriateness of the initial fee agreement, but must take into account all the circumstances that arose. The amount awarded by the court may be more or less than the amount you have already agreed to pay your lawyer. There are more than 200 Florida statutes that allow for the award of attorney fees in certain legal actions.
