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