fee agreements dos and donts

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    Fee AgreementsDos and Donts

    Sheila BlackfordDee CrockerBeverly Michaelis

    PLF Practice Management Advisors

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    Topics

    1. Fee Agreement Essentials

    2. Practical Considerations3. Ethical Limitations

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    Fee AgreementEssentials

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    Scope of Engagement:

    Clients Point-of-View

    My lawyer will fixeverything.

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    Scope of Engagement:Lawyers Point-of-View

    Establish limits of representation Describe steps to be taken

    Specify responsibilities

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    Timing of Services:

    Clients Point-of-View

    My lawyer will start work right away.

    I dont have to worry

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    Timing of Services:

    Lawyers Point-of-ViewI will start when:

    The client pays me

    The client provides documents

    The client takes some other action

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    Fees and Billing:

    Clients Point of View

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    Fees and Billing:

    Lawyers Point-of-View

    1. Explain your fee

    2. Define costs

    3. Make it easy

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    Essential Tools

    1. Billing brochure

    2. PLF letters

    3. OSB Fee Agreement Compendium

    4. The Ethical Oregon Lawyer, Ch. 3

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    Considerations

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    File Ownership and Retention

    1. To whom does the file belong?

    2. How long will it be kept?

    3. How will it be disposed of?

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    ClientCooperation

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    Communicating by E-Mail

    Is the attorney-client privilege waived if

    a client reads your e-mail at work?

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    Protecting Your Clients

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    Ethical Limitations

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    Earned Upon Receipt Fees

    Signed written agreement required

    Describe as earned upon receipt

    Include disclosures required by ORPC 1.5

    OSB Opinion 2005-151

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    Earned Upon Receipt Fees

    Refund balance if work not done

    Avoid nonrefundable

    See PLF sample agreement

    OSB Opinion 2005-151

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    Third Party Payment

    1. Comply with ORPC 1.8(f)

    2. Redact billing statements sent to third

    parties

    3. Document who receives refund of

    unearned fees

    OSB Opinion 2005-157

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    Charging Interest

    9% statutory rate applies

    Can assess credit card interest

    only if client expressly agrees

    OSB Opinion 2005-97

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    Modifying Your Agreement

    Explanation for the change +

    Explanation of effect on client +

    Client consent +

    Objective fairness =

    Allowable modification

    OSB Opinion 2005-97

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    Attorney Fee Awards

    1. Attorney fees are client property

    2. What if the award is insufficient?

    3. What if the award exceeds your fee?

    OSB Opinion 2005-69

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    Fees in

    Structured Settlements Must be prorated over life of settlement

    Unless client expressly agrees your feecomes off the top

    OSB Opinion 2005-15

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    Division of Fees

    Between Lawyers1. Requires informed consent

    2. Total fee cannot be excessive

    3. Use disclosure and consent letters

    4. Rules apply to referral fees

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    Merchant Charges

    Express agreement to pay?

    TILA disclosures made?

    Cash discount offered?

    OSB Opinion 2005-172

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    Vague Terms

    1. Resolved in clients favor!

    2. Be clear and specific

    3. Anticipate

    4. Plan ahead

    OSB Opinion 2005-124

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    Contact Us

    Sheila Blackford [email protected] Crocker [email protected]

    Beverly Michaelis [email protected]

    PLF Practice Management Advisors

    503-639-6911 * 800-452-1639

    and confidential

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