The Primerus Paradigm – January 2022

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prohibits attorneys to enter into an

perspective, the client’s perception of value

what it is expecting and the anticipated cost.

agreement with a client to charge or collect

is not addressed.

If there is no clarity, the communications

fees that are “unreasonable.” Model Rule

must continue until clarity is obtained.

1.5 (a) then proceeds to provide guidance of

centennial anniversary, we reflect upon

“reasonableness” listing the following eight

factors that have led to success and

carefully review each entry to confirm

factors to be considered by the attorney:

longevity. Most assuredly, this success is

that it adequately reflects the services

attributable in large part to our core values

provided, the time dedicated to that service

matter, the novelty and the difficulty

which mirror the Six Pillars of Primerus.

is appropriate and whether the service

of the questions involved, and the

The culture of quality and commitment to

being billed for is consistent with the

skill necessary to handle the matter

community permeates not only the legal

expectation of the client. If there has been

properly.

services provided, but how we bill for our

clear communication, there should be no

services. As we look back over our 100

surprises.

years, it is gratifying to reflect upon long

relationships that we have had with many

attorney should take one more step – they

of our clients.

should place themselves in the position of

the client receiving the invoice. Simply put,

1. The time and labor required for the

2. The likelihood, if apparent to the client, that taking on this matter will preclude other employment by the lawyer. 3. The fee customarily charged in the locality for similar legal services. 4. The amount involved and the results obtained. 5. Time limitations imposed by the client or by the circumstances of the case. 6. The nature and length of the professional relationship with the client. 7. The lawyer’s experience, reputation and ability. 8. Whether the fee is fixed or contingent.

Although Model Rule 1.5 addresses

reasonableness from the attorney’s

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As Wilke Fleury LLP approaches its

Like most relationships, communication

In preparing an invoice, counsel should

Prior to sending the invoice, the billing

is one of the most important elements of an

will the client perceive that they derived

attorney-client relationship. This element

“good value” from the services provided?

is of paramount importance when it comes

Even if the result is not what the client

to billing and fees. Whether the law firm is

desired, if expectations regarding legal

providing services based on an hourly fee,

options, risk and cost were appropriately

a contingent fee basis or a flat fee, a shared

established at the outset and maintained

expectation among counsel and the client is

throughout the matter, an educated client is

important. It is incumbent upon the attorney

likely to recognize value and fairness in the

to initiate this process at the beginning of

amounts billed.

the matter and to continue this process

throughout the representation. The attorney

should be to look into the mirror and ask:

must provide the foundation for client

“Is this the fairest bill of all?” In our case,

expectations in achieving its goals and the

the mirror is 100 years old, but the vision

anticipated cost of achieving those goals. At

remains clear.

the same time, the client must be clear of THE PRIMERUS PARADIGM

Thus, the final act of the billing attorney


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