Without an agreement as to the division of fees, attorneys jointly undertaking to represent a client share equally, and this is true even though one attorney employs another attorney to assist in an action for a contingent fee. But where the client's employment of more than one attorney is not joint, or where separate attorneys render separate services, each is entitled only to the reasonable value of each attorney's services.
Colorado Disclosure by Letter from Client to Attorney Regarding Division of Fees between Attorneys
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That is, generally in a contingency fee agreement, the lawyer only receives compensation if the lawyer has successfully represented the client. Further, the amount the lawyer receives is contingent upon the result the lawyer obtains and often on the phase of litigation in which the dispute settles.
Legal fees are most commonly used to describe the fees paid to the attorney for his/her time and effort. Fee structures for attorney vary significantly based on the region and type of case.
While Rule 1.5(a) requires fees to be reasonable, however, the factors it considers in assessing reasonableness are extremely broad. A lawyer's experience, the time required, the client's demands, and the local market may all be considered.
Factors of reasonableness include the nature of the matter, opportunity costs, local custom, stakes for the client, emergencies, repeated work, reputation, and risk factors. An attorney must not commingle client funds and attorney fees unless it is to pay bank service charges.
Lawyers consider various factors when setting their fees. A lawyer who is well-known in a certain area of the law might charge more than someone who is not. A lawyer also may consider the complexity of the case and the amount of time your matter could take.
This opinion addresses the lawyer's ethical duty to advise the client of relevant developments resulting from the lawyer's own errors. This opinion does not address whether the failure to disclose an error itself gives rise to a cause of action against the lawyer.
The American Rule is a rule in the U.S. justice system that says two opposing sides in a legal matter must pay their own attorney fees, regardless of who wins the case. The rationale of the rule is that a plaintiff should not be deterred from bringing a case to court for fear of prohibitive costs.
The eight factors used to determine a reasonable fee are: time and labor required; other employment opportunities; customary fees in the community; amount involved and the results obtained; time limitations; professional relationship with a client; experience, reputation, and ability of the lawyer; and type of fee ( ...
