规则 of Professional Conduct

规则1.5:费用

 (a) A lawyer’s fee shall be reasonable. The factors to be considered in determining the reasonableness of a fee include the following:

(1) The time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly;
(2)可能性, 如果对客户来说是显而易见的, that the acceptance of the particular employment will preclude other employment by the lawyer;
(3) The fee customarily 负责d in the locality for similar legal services;
(4) The amount involved and the results obtained;
(5) The limitations imposed by the client or by the circumstances;
(6) The nature and length of the professional relationship with the client;
(7) The experience, reputation, and ability of the lawyer or lawyers performing the services; and
(8) Whether the fee is fixed or contingent.

   (b) When the lawyer has not regularly represented the client, the basis or rate of the fee, the scope of the lawyer’s representation, and the expenses for which the client will be responsible shall be communicated to the client, 以书面形式, before or within a reasonable time after commencing the representation.
   (c) A fee may be contingent on the outcome of the matter for which the service is rendered, except in a matter in which a contingent fee is prohibited by paragraph (d) or other law. 或有费用协议应采用书面形式，并应说明确定费用的方法, including the percentage or percentages that shall accrue to the lawyer in the event of settlement, 试验, 或上诉, 诉讼, other expenses to be deducted from the recovery, whether such expenses are to be deducted before or after the contingent fee is calculated, and whether the client will be liable for expenses regardless of the outcome of the matter. Upon conclusion of a contingent fee matter, the lawyer shall provide the client with a written statement stating the outcome of the matter, 如果出现复苏, showing the remittance to the client and the method of its determination.
   (d) A lawyer shall not enter into an arrangement for, 负责, or collect a contingent fee for representing a defendant in a criminal case.
   (e) A division of a fee between lawyers who are not in the same firm may be made only if:

      (1)按照每名靠谱的滚球平台所提供服务的比例划分，或者每名靠谱的滚球平台对代理承担连带责任.
      (2)建议客户, 以书面形式, of the identity of the lawyers who will participate in the representation, of the contemplated division of responsibility, and of the effect of the association of lawyers outside the firm on the fee to be 负责d;
      (3) The client gives informed consent to the arrangement; and
      (4) The total fee is reasonable.
   (f) Any fee that is prohibited by paragraph (d) above or by law is 本身 不合理的.

评论

收费基础或费率
   [1] When the lawyer has regularly represented a client, they ordinarily will have evolved an understanding concerning the basis or rate of the fee. In a new client-lawyer relationship, 然而, an understanding as to the fee should be promptly established, 同时注明靠谱的滚球平台代理的范围和由委托人承担的费用. It is not necessary to recite all the factors that underlie the basis of the fee, but only those that are directly involved in its computation. 这就足够了, 例如, to state that the basic rate is an hourly 负责 or a fixed amount or an estimated amount, or to identify the factors that may be taken into account in finally fixing the fee. 在陈述期间发生的事态发展使先前的估计严重不准确, a revised estimate should be provided to the client.
   [2] A written statement concerning the fee, required to be furnished in advance in most cases by paragraph (b), reduces the possibility of misunderstanding. In circumstances in which paragraph (b) requires that the basis for the lawyer’s fee be 以书面形式, 通常不需要针对特定客户和代表的个性化写作. Unless there are unique aspects of the fee arrangement, the lawyer may utilize a standardized letter, 谅解备忘录, or pamphlet explaining the lawyer’s fee practices, and indicating those practices applicable to the specific representation. 这些出版物将, 例如, explain applicable hourly billing rates, if billing on an hourly rate basis is contemplated, and indicate what 负责s (such as filing fees, 记录成本, 复制成本, long-distance telephone 负责s) are imposed in addition to hourly rate 负责s.
   [3]如果所提供的服务有一个固定的收费表，并充分告知客户要收取的费用, a copy of such schedule may be utilized to satisfy the requirement for a writing. Such services as routine real estate transactions, 无争议的离婚, or preparation of simple wills, 例如, may be suitable for description in such a fixed-fee schedule.

付款条件
   [4] A lawyer may require advance payment of a fee, but is obliged to return any unearned portion. 看到 规则1.16(d). 靠谱的滚球平台可以接受财产作为服务报酬，例如企业的所有权权益. 然而, 以财产而不是金钱支付的费用可能会受到特别审查，因为它涉及到服务的价值和靠谱的滚球平台对财产价值的专门知识的问题.
   [5]如果协议的条款可能导致靠谱的滚球平台不恰当地减少为客户提供的服务或以违背客户利益的方式履行服务，则不得签订协议. 例如, 当可以预见可能需要更广泛的服务时，靠谱的滚球平台不应签订一项只提供规定数额的服务的协议, unless the situation is adequately explained to the client. 否则, 在诉讼或交易过程中，客户可能不得不讨价还价以获得进一步的帮助. 然而, it is proper to define the extent of services in the light of the client’s ability to pay. 靠谱的滚球平台不应利用主要以小时收费为基础的收费安排，使用浪费的程序.

或有费用
   [6] Generally, contingent fees are permissible in all civil cases. 然而, paragraph (d) continues the prohibition, imposed under the previous Code of Professional Responsibility, 反对在刑事案件中代表被告的靠谱的滚球平台使用或有收费安排. 适用法律可能对或有费用施加其他限制，例如百分比上限. 无论如何, if there is doubt whether a contingent fee is consistent with the client’s best interests, the lawyer should explain any existing payment alternatives and their implications.
   [7] Contingent fees in domestic relations cases, 虽然很少有理由, are not prohibited by 规则1.5. 在这种情况下，允许收取或有费用，以便靠谱的滚球平台可以向客户提供代理，否则这些客户可能无法支付非或有费用的合同.
   [8] Paragraph (c) requires that the contingent fee arrangement be 以书面形式. This writing must explain the method by which the fee is to be computed, as well as the client’s responsibility for expenses. 靠谱的滚球平台还必须在了结或有收费事项时向客户提供书面声明, 说明事项的结果，并解释向客户支付的任何汇款的计算.

费用分摊
   [9]分账是指向客户开出一张单，支付不在同一律所的两名或两名以上靠谱的滚球平台的费用. 费用的分摊有利于在任何一方都不能单独为客户服务的案件中联合多位靠谱的滚球平台, 最常用的情况是，费用是有条件的，并且在转介靠谱的滚球平台和审判专家之间划分.
   [10]第(e)款允许靠谱的滚球平台按照所提供服务的比例分摊费用，如果所有靠谱的滚球平台对代理整体承担责任，则可由参与靠谱的滚球平台之间达成协议分摊费用. Joint responsibility for the representation entails the obligations stated in Rule 5.1 for purposes of the matter involved. Permitting a division on the basis of joint responsibility, rather than on the basis of services performed, 这与以前的《靠谱的滚球平台》所允许的费用划分基础有所不同. The change is intended to encourage lawyers to affiliate other counsel, 谁更有经验或专业背景来满足客户的需求, 而不是为了避免失去获得费用的权利而保留对代理的单独责任.
   [11] The concept of joint responsibility is not, 然而, merely a technicality or incantation. The lawyer who refers the client to another lawyer, or affiliates another lawyer in the representation, remains fully responsible to the client, 并对被委托代理的靠谱的滚球平台在代理过程中存在的缺陷向委托人负责. If a lawyer wishes to avoid such responsibility for the potential deficiencies of another lawyer, 该事项必须提交给另一位靠谱的滚球平台，而不保留参与超出实际提供的服务所证明的费用的权利.
   [12]共同责任的概念并不要求转介靠谱的滚球平台履行所提供的全部法律服务的最低部分. 转介靠谱的滚球平台可以同意，接受转介的靠谱的滚球平台将履行与代理有关的基本上所有服务, without review by the referring lawyer. 因此, the referring lawyer is not required to review pleadings or other documents, attend hearings or depositions, or otherwise participate in a significant and continuing manner. The referring lawyer does not, 然而, escape the implications of joint responsibility, 看到 评论 [11], by avoiding direct participation.
   [13] When fee divisions are based on assumed joint responsibility, (a)款关于费用合理的要求适用于所有参与靠谱的滚球平台的代理费用总额.
   [14] Paragraph (e) requires that the client be advised, 以书面形式, ，并规定客户必须对拟议的费用安排给予肯定的知情同意. For the definition of “informed consent,” 看到 规则1.0(e). 该规则不要求向客户披露每名靠谱的滚球平台将获得的佣金份额，但要求向客户告知分担费用的靠谱的滚球平台的身份, their respective responsibilities in the representation, and the effect of the association of lawyers outside the firm on the fee 负责d.

费用纠纷
   [15] If a procedure has been established for resolution of fee disputes, such as an arbitration or mediation procedure established by the 酒吧, the lawyer should conscientiously consider submitting to it. Law may prescribe a procedure for determining a lawyer’s fee, 例如, in representation of an executor or administrator, 一个类, or a person entitled to a reasonable fee as part of the measure of damages. 有权收取这种费用的靠谱的滚球平台和代表另一方当事人的靠谱的滚球平台应遵守规定的程序.