Must a Lawyer Deposit an Up-Front Fixed Fee into Trust?
No, under Louisiana Rule of Professional Conduct 1.5(f)(2), a lawyer earns a fixed fee when the lawyer agrees to handle the client’s matter through completion. As a result, the rule …
May a Lawyer Renegotiate a Bad-Deal Fixed Fee Agreement?
Yes, as long as the renegotiation is fair and reasonable in light of circumstances unanticipated by the lawyer and the client at the commencement of the lawyer’s representation. In September …
LSBA Proposes Sweeping New Rule on Fixed Fees
Under existing law, a lawyer earns a fixed fee at the commencement of the representation. As a result, current Louisiana Rule of Professional Conduct 1.5(f)(2), permits the lawyer to deposit …
Louisiana Supreme Court Sends the LSBA Back to the Drawing Board for a New Fixed-Fee Rule
On June 21, 2017, the Louisiana Supreme Court rejected a Louisiana State Bar Association recommendation that the court amend Louisiana Rule of Professional Conduct 1.5(f)(2) governing fixed fees. Under current Rule …
Louisiana Supreme Court Seeks Public Comment on New Rule Governing Fixed Fees
The Louisiana Supreme Court has called for public comment on a proposed amendment to Louisiana Rule of Professional Conduct 1.5(f)(2). If adopted, this amendment would impose upon lawyers more onerous informed-consent …
LSBA Proposes Amendment to Rule Governing Fixed Fees
The Louisiana State Bar Association adopted a resolution at its June 2016 Annual Meeting recommending an amendment to Louisiana Rule of Professional Conduct 1.5(f)(2) governing fixed fees. Under the current rule, a …
Must a Fixed-Fee Lawyer Keep Time Sheets?
The Kansas Supreme Court thinks so. See In re John W. Thurston, No. 114,543 (Ks. Apr. 15, 2016). In Thurston, the respondent represented a client in a criminal case on …
Abraham Lincoln Weighs in on Up-Front Fixed Fees
As noted in a recent post, the LSBA Rules of Professional Conduct Committee is evaluating a proposed amendment to Louisiana Rule of Professional Conduct 1.5(f)(2). Under the current rule, a lawyer …
Should Fixed Fees Paid Up-Front be Placed in Trust?
That issue is currently under consideration by the LSBA Rules of Professional Conduct Committee. Under current Louisiana Rule of Professional Conduct 1.5(f)(2), a lawyer earns a fixed fee when the …
Fixed Fees Are Earned When Paid in Louisiana
In an interesting opinion decided today (September 24, 2009), the District of Columbia Court of Appeals held that fixed fees “are an advance of unearned fees that belong to the …