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Table of Rules

Rules 1 - 12
(full text version)


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(a) Excessive Fees

(b) Credit Cards

(c) Fee Arbitration

(d) Fee Division

(e) Dividing Fees with Non-lawyers

 


[Rule 3] [Rule 3.1] [Rule 3.2] [Rule 3.3] [Rule 3.4] [Rule 3.5] [Rule 3.6] [Rule 3.7]
[Rule 3.8] [Rule 3.9] [Rule 3.10] [Rule 3.11] [Rule 3.12]
[Rule 3.13] [Rule 3.14] [Rule 3.15]


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Rule 3. Code of Professional Responsibility.

3.3 Fees; Fee Arbitration; Fee Division  

(a) Excessive Fees. A lawyer shall not enter into an agreement for, charge, or collect an illegal or excessive fee. A fee is excessive when, after a review of the facts, a lawyer of ordinary prudence would be left with a definite and firm conviction that the fee is in excess of a reasonable fee. Factors to be considered as guides 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) The likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment of the lawyer;

(3) The fee customarily charged in the locality for similar legal services;

(4) The responsibility assumed, the amount involved, and the results obtained;

(5) The time 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 performing the services;

(8) Whether the fee is fixed or contingent; and

(9) The informed written consent of the client as to the fee agreement. (back to top)

(b) Credit Cards. A lawyer may accept payment by credit card for legal services. (back to top)

(c) Fee Arbitration. A lawyer admitted to practice in this State shall submit, upon the request of the client, the resolution of any fee dispute in accordance with Rule 9. (back to top)

(d) Fee Division. A lawyer shall not divide a fee for legal services with another lawyer who is not a partner in or associate of the lawyer's law firm or office; unless:

(1) The client, after full disclosure, consents to employment of the other lawyer and to the terms for the division of the fees; and

(2) The total fee of the lawyers does not exceed reasonable compensation for all legal services they rendered to the client.

This subsection (d) does not prohibit payment to a former partner or associate pursuant to a separation or retirement agreement. (back to top)

(e) Dividing Fees With Non-lawyers [Abrogated]. (back to top)

 

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